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Home My WebLink About6.2 Gateway Med Center Planned PD FINANCIAL STATEMENT: None. PROJECT DESCRIPTION: BACKGROUND In November 1998, the Planning Commission adopted Resolution 98-51 approving Tentative Parcel Map 7064 and Site Development Review for the Koll Dublin Corporate Center. The Koll Dublin Corporate Center is now known simply as the Dublin Corporate Center and is located west of Tassajara Road between Interstate 580 to the south and Dublin Boulevard to the north within the Eastern Dublin Specific Plan area (Figure 1). In December 1998, the City Council adopted Ordinance 22-98 establishing a Planned Development Zoning District (P A 98-047) and adopted a Stage 1 and 2 Development Plan for the Koll Dublin Corporate Center. The Ordinance and Development Plan, together with the Planning Commission approvals, established the land uses and development standards for the Dublin Corporate Center. Figure 1. Dublin Corporate Center Vicinity Map Dublin Blvd T assaj ara Rd Glynnis Rose Dr Westbound 1-580 On-ramp Original Dublin Corporate Center Approvals In 1998, the Dublin Corporate Center was originally proposed to be developed in the following multiple phases (see Table 1 on page 4): Page 3 of 18 . Phase I - Professional Office Buildings: three 4-story office buildings for a combined total of 417,855 square feet. . Phase II - Signature Office Building: one 6-story office building at 178,849 square feet. · Phase ill - Hotel and Retail: one 6-story hotel at 85,000 square feet and 14,000 square feet of retail. osal for Dublin Cor orate Center Develo IDent Phase I: 1 Office 4 139,285 Professional Office 1 Office 4 139,285 Buildin s 1 Office 4 139,285 Phase II: Signature Office 1 Office 6 178,849 Buildin Phase ill: Hotel 6 85,000 Hotel and Retail Retail 1 14,000 417,855 178,849 99,000 695,704 Subsequent Development and Approvals for Dublin Corporate Center Subsequent to the original 1998 approvals, the three Phases of the Dublin Corporate Center development have evolved to meet changing market conditions. A summary of the changes to each Phase are described below. Phase I - Professional Office Buildings Constructed as Planned Phase I was constructed in 2000-2001 as originally proposed and includes three 4-story professional office buildings totaling approximately 417,855 square feet. These buildings are currently occupied by a variety of professional office uses including Avaya, Inc., Compass, Development Dimension International, Kronos, Supergen, Ellie Mae, Long Beach Mortgage, and Taleo, to name a few. Phase II - Signature Office Building changed to Dublin Gateway Medical Center Phase II of the Dublin Corporate Center was approved in 2005 for the development of the Dublin Gateway Medical Center. The approvals for the Dublin Gateway Medical Center include the following: two 3-story medical office buildings; one 3-story lifestyle/wellness center (indoor recreational facility); and a 4-level above ground parking garage (see Table 2). The Dublin Gateway Medical Center was approved to be developed in two Phases (Phase One and Phase Two). Phase Two was approved to be developed in sub- phases [Phase Two (a) and Phase Two (b)] to ensure construction of the parking garage prior to construction of the third medical office building. Construction of Phase One (two 3-story medical office buildings at the southeast comer of Dublin Boulevard and Tassajara Road) was completed in January 2007. Page 4 of 18 Table 2. 2005 Dublin Gateway Medical Center Approvals (Phase II of the Dublin Corporate Center USE Phase One 120,000 58,000 The original 1998 approval for the Dublin Corporate Center anticipated the development of one 6-story signature office building on the Dublin Gateway Medical Center site. However, in 2005, due to changes in market conditions, the developer sought approval for medical offices instead of professional offices. The 2005 approvals reflected approximately the same total square footage, but modified the building footprint and added a parking garage where surface parking was previously proposed. During the review of the construction drawings for Phase One of the Dublin Gateway Medical Center, the Lifestyle/Wellness Center building was modified from two full floors and a partial third floor (to accommodate an indoor basketball court) to three full floors for medical offices. As a result of this modification, the Lifestyle/W ellness Center building increased in square footage from 62,300 square feet to 65,295 square feet. Phase III - Hotel and Retail Changed to Bank and Retail A portion of Phase ill of the Dublin Corporate Center was constructed in December 2004 with the development of a 6,100 square foot bank (Bank of America). On August 24, 2004, the Planning Commission approved the remainder of Phase III which includes 50,530 square feet of retail (Ulferts Center) (see Table 3). orate Center Develo IDent as of 2005 STATUS 1 Office All 3 buildings constructed 4 139,285 1 Office in 2000-2001 4 139,285 1 Office 4 139,285 1 Medical Office 2 medical office buildings 3 57,786 1 Medical Office constructed in 2007; 3 65,295 1 Medical Office remainder pending 3 58,000 1 Parking Garage approval of the alternate 4 n/a a roval re uest 1 Bank Bank constructed in 2004; 1 6,100 1 Retail Retail under construction 2 50,530 and nearin com letion Phase I 417,855 Phase II 181,081 Phase III 56,630 The original 1998 approval for the Dublin Corporate Center anticipated the development of a hotel in Phase ill; however, due to changes in market conditions the developer sought approval for the development of commercial shopping center instead. Consequently, the original 1998 approval for Phase Page 5 of 18 ill of 99,000 total square feet for a hotel and retail (see Table 1 above) has been reduced to a total of 56,630 square feet for a bank and retail. ANALYSIS: As noted above, Phase II of the Dublin Corporate Center is now known as the Dublin Gateway Medical Center; the Dublin Gateway Medical Center has also been approved to be developed in two phases, Phase One and Phase Two. Phase One is comprised of two, 3-story medical office buildings totaling 123,081 square feet; Phase Two was approved in 2005 by the Planning Commission (Resolution 05-06) for the development of one, 3-story medical office building totaling 58,000 square feet and a 4-level parking garage on 3.13:t acres ofland (the "Original Approval"). The Applicant is now requesting approval for an alternative Project for Phase Two, which proposes the development of a 6-story, 168,000 square foot, 100- bed hospital and a 5-level parking garage with 1 level below ground and 4 levels above ground on the same 3.13:t acres of land (see Figure 2 and Table 4 below). The current Project includes a California Environmental Quality Act (CEQA) Addendum, Planned Development Rezone with amended Stage 1 and 2 Development Plan, a Conditional Use Permit, Site Development Review and a Development Agreement. The Project would provide the Applicant with the option of constructing the Original Approval (a 3-story medical office building and 4-level parking garage) or the Project (a 6-story, 100-bed hospital building and 5-level parking garage) as Phase Two of the Dublin Gateway Medical Center for the life of the Original Approval and the Project entitlements. Figure 2. Dublin Gateway Medical Center Project Site DUBLIN BOULEVARD EXISTiNG PfWiEI 3STO"'lY """ 66c.mSJ'. ~ ~ <>: ~ ~ "i Vj ~ roval for Phase Two of the Dublin Gatewa F S Phase One Medical Office Medical Office Parking Garage 1 1 1 3 3 4 above ground 1 below ound 6 57,786 65,295 nla 123,081 Phase Two (a) 168,000 291,081 Page 6 of 18 PLANNED DEVELOPMENT REZONE AND STAGE 1 AND 2 DEVELOPMENT PLAN The 1998 Stage 1 and 2 Development Plan adopted for the Dublin Corporate Center anticipated the development of one 6-story, 168,000 square foot signature office building on the southwest comer of Dublin Boulevard and Tassajara Road. The building was planned to be served by surface parking. In 2005, due to changes in market conditions, the developer sought approvals for two 3-story medical office buildings, a 3-story Lifestyle/Wellness Center and a 4-level above ground parking garage rather than the 6-story signature office building with surface parking. While the 2005 approval included a modified site layout from what was anticipated in the 1998 Stage 1 and 2 Development Plan for the Dublin Corporate Center, the modifications to the site layout were determined to be in substantial conformance with the Stage 1 and 2 Development Plan because the total square footage of the project remained the same. The current Project proposes an additional 114,000 square feet above and beyond what was previously anticipated in the 1998 Stage 1 and 2 Development Plan and therefore an amendment to the Development Plan is necessary. The proposed amendments to the Development Plan include an increase in the density on Lot 7 of Tract 7064 from approximately 178,000 square feet to approximately 292,000 square feet; Lot 7 is the entire :t7.14-acre Dublin Gateway Medical Center project site. Also included in the proposed amendments is a provision which allows for the construction of the 3-story medical office building approved in 2005 or the 6-story, 100-bed hospital building. This provision provides flexibility to the developer to construct either project depending upon market conditions (see Attachment 5 for the draft version of the amended Development Plan; see Exhibit A to Attachment 2 for the clean version). The amendments will also reflect the new site layout, landscaping, and development standards for the Project. Also reflected in the amended Development Plan are changes which were previously approved by way of a Conditional Use Permit for the Ulferts Center and the 2005 approval for the Dublin Gateway Medical Center. By incorporating these changes into the amended Development Plan, the Development Plan will reflect all actions taken on projects within the Dublin Corporate Center in one document. CONDITIONAL USE PERMIT The Stage 1 and 2 Development Plan adopted for the Dublin Corporate Center includes a list of permitted and conditionally permitted uses for the Project site. A hospital/medical center is a conditional use and as such requires approval of a Conditional Use Permit. On May 8, 2007, the Planning Commission adopted a Resolution referring their decision making authority to the City Council (see Attachment 11). The proposed 100-bed hospital is an appropriate use for the site because it would be located adjacent to existing medical office buildings and along major thoroughfares including Dublin Boulevard and Tassajara Road. The hospital is also in close proximity to the Interstate 580/Tassajara Road interchange which provides convenient access to the site from within the Tri-Valley region. The hospital use would include 100 patient beds and an emergency room. The hospital and emergency room would be operational 24 hours a day, 7 days a week. A drop-off and pick-up area is designated at the main entrance to the hospital which is internal to the site. The entrance to the emergency room is just east of the main hospital entrance and ambulance arrivals would occur on the east side of the building across from the existing medical office building which is currently occupied by Palo Alto Medical Foundation. Noise associated with ambulances arriving at the emergency room would not negatively impact the site or adjacent properties because warning sirens are expected to be turned off upon entering the site. Additional analysis on noise impacts are discussed on page 12 in the section titled Environmental Review. Page 7 of 18 The hospital is estimated to have 75 doctors and 450 employees. Dublin Zoning Ordinance Chapter 8.76, Off-Street Parking and Loading Regulations, requires the following for a hospital use: . 1 parking space for every 3 beds . 1 parking space for every 3 (non-doctor) employees on the largest shift . 1 parking space for each doctor (on the largest shift) The Project proposes to provide 100 beds, 150 employees on the largest shift and 25 doctors on the largest shift for a total parking requirement of 108 spaces. In calculating the required number of parking spaces, the number of employees on the largest shift does not include doctors; therefore, in calculating the required number of parking spaces for doctors, the number of doctors on the largest shift was used. The parking garage would provide 512 parking spaces and an additional 172 surface parking spaces would be provided throughout both Phase One and Phase Two of the Dublin Gateway Medical Center (36 of the surface parking spaces are located on the south side of Koll Center Drive, but are within the property boundaries of the Dublin Gateway Medical Center and therefore are counted towards the total parking for the Project). The total amount of parking provided would be 684 spaces which includes 17 motorcycle spaces. All parking spaces, both surface parking and structured parking, would be shared between Phase One and Two of the Dublin Gateway Medical Center. Currently, the two existing medical office buildings are surface parked; the majority of this surface parking would be incorporated into the parking structure as part of Phase Two of the Project. A parking ratio of 1 space for every 250 square feet of gross floor area was used to calculate the required parking for Phase One (123,081 square feet of medical offices) and results in a total parking requirement of 492 spaces. The Dublin Zoning Ordinance requires 1 space for every 150 square feet of gross floor area for Health Services/Clinics and 1 space for every 350 square feet of gross floor area for Professional Offices greater than 40,000 square feet. The definition of Health Services/Clinics and Professional Offices both include medical uses therefore a ratio of 1 space for every 250 square feet of gross floor area was used as a mid-point calculation. The required parking for the proposed hospital in Phase Two would be 108 spaces; combined with the 492 spaces required for Phase One, the total parking requirement for the Dublin Gateway Medical Center project would be 600 spaces. As stated above, the total amount of parking proposed would be 684 spaces or 84 more than what is required; therefore, an appropriate amount of parking would be provided for the Project. Table 5. Dublin Gatewa Medical Center Parkin PHASE S 57,786 65,295 1/250 1/250 231 261 Total 492 33 50 25 Total 108 600 684 Phase One Phase Two Hospital 100 beds 1/3 beds 1/3 employees on largest shift 1/doctor on largest shift Total Number ofRe uired Parkin S aces Total Number of Parkin S aces Provided Page 8 of 18 SITE DEVELOPMENT REVIEW Site Lavout (Attachment 3, Exhibit A, Page A1.1) The Project is generally located at the southeast comer of Dublin Boulevard and Glynnis Rose Drive; Phase One of the Dublin Gateway Medical Center and Tassajara Road are to the east of the Project and Koll Center Drive is to the south. The proposed hospital building would be located directly on the southeast comer of Dublin Boulevard and Glynnis Rose Drive and the proposed parking garage would be located south of the proposed hospital on the northeast comer of Glynnis Rose Drive and Koll Center Drive. The Project site is currently developed with surface parking and landscaping as part of Phase One of the Dublin Gateway Medical Center. The proposed Project would not modify the existing vehicular access points to the site which are currently located off ofKoll Center Drive and Glynnis Rose Drive. Access, Circulation and Parking (Attachment 3, Exhibit A) As noted above, the vehicular access points to the Project site are currently located off of Koll Center Drive and Glynnis Rose Drive and are not proposed to be modified as part of the Project. External vehicular and pedestrian access and internal vehicular and pedestrian circulation would remain largely the same with some slight modifications to accommodate the parking garage on the southwestern portion of the site and the enhanced vehicular roundabout off of Glynnis Rose Drive. An extensive discussion on parking is included above in the section titled Conditional Use Permit. In short, the Project, as proposed, meets the parking requirements set forth in Chapter 8.76, Off-Street Parking and Loading Regulations of the Dublin Zoning Ordinance and would provide adequate parking for both Phase One and Phase Two ofthe Dublin Gateway Medical Center. The majority of parking would be provided in the parking garage with some surface parking adjacent to the hospital and medical office buildings. The two vehicular access points to the parking garage would be located on the north elevation and the east elevation. Architecture (Attachment 3, Exhibit A) The 6-story hospital building, located on the southeast comer of Dublin Boulevard and Glynnis Rose Drive, reflects four-sided architecture by utilizing a combination of both vertical and horizontal pre-cast panels on all elevations and introducing aluminum clad canopies on every elevation. To avoid a monotonous repetition of architectural elements and enhance the visual interest of the building, one-story and three-story elements are introduced on each elevation and are strategically placed to relate the building to adj acent structures. The height of the building at its tallest point is 102 feet, 6 inches. The colors, materials, and architectural elements proposed for the hospital building are consistent with those approved for the Phase One medical office buildings which include smooth finish and aggregate pre-cast concrete panels, green tinted glass, and aluminum canopies and fins. What differentiates this building from the existing medical office buildings is the height. At 102 feet, 6 inches, the hospital building makes a strong statement at the comer of Dublin Boulevard and Glynnis Rose Drive. In order to address the perceived massing of the building, horizontal elements draw the eye in a linear direction rather than upward; articulation of the building on the comer at the 5th and 6th floors also contributes to reducing the mass of the building. Additionally, the building has been articulated with architectural elements at varying heights to add visual interest. North Elevation: On the north elevation, which faces Dublin Boulevard, the building includes a curved exterior wall with a combination of colored glass and pre-cast concrete panels. To break up the massing Page 9 of 18 of the building, a 3-story element is introduced on the east end of the elevation and is oriented towards the existing 3-story medical office building. At the first floor on the west end of the north elevation, a I-story element is introduced to tie into the I-story Bank of America building located west of Glynnis Rose Drive and a notch in the comer of the building has been incorporated at the 5th and 6th floors to reduce the mass of the building. Both elements are topped off with an aluminum clad canopy. East and West Elevations: The 3-story element from the north elevation wraps the building onto the east elevation and provides a logical transition to the adjacent 3-story medical office building. Similarly, the one story element from the north elevation wraps the building onto the west elevation to tie into the 1- story Bank of America building. Also on the west elevation is the introduction of another 3-story element to break up the massing of the 6-story building. This element has been strategically placed in order to screen the loading dock area which is parallel to Glynnis Rose Drive. South Elevation: The south elevation, which includes the main entrance to the hospital, faces the parking lot. An aluminum clad canopy covers the entry to the building and provides a single story element along this elevation. On the east and west ends of this elevation, there are 3 story elements which have wrapped around from the east and west elevations. Parking Garage: The 5-level parking garage is generally consistent in colors, materials and architectural details with the parking garage approved in 2005 however a number of enhancements have been made with regards to architectural detailing to create a stronger architectural tie between the parking garage and the proposed hospital building. The exterior elevations include a combination of pre-cast concrete panels to match the proposed hospital and medical office buildings and a decorative metal screen. Elements such as, green tinted glass in the stairwells; aluminum clad canopies over the vehicular entrances; a cornice and aluminum fin detail on all four elevations at the upper levels of the garage; and, an accent color on the elevator tower further tie the parking garage architecturally to the existing medical office buildings and the proposed hospital building. Another change in the parking garage from the 2005 approval is the addition of one level of parking below grade; this additional level of parking does not affect the aesthetics of the parking garage. The parking garage would be located on the southern end of the site and would not be readily visible from Dublin Boulevard or Tassajara Road. Short breaks between buildings along these two street frontages would provide views ofthe parking garage to a limited degree. Public Art The original 1998 approvals for the Koll Dublin Corporate Center included a requirement that public art be provided at the comer of Dublin Boulevard and Tassajara Road as part of the development of Lot 7 which is now the Dublin Gateway Medical Center. A public art piece has been installed and satisfies the public art requirement under the 1998 approvals. In September 2006, the City adopted a Public Art Ordinance which now requires developers to install public art as part of new development projects. While the proposed Project falls within the definition of a ~w development project it is not subject to the Public Art Ordinance because the 2005 approval of Vesting Tentative Parcel 8524 for the Dublin Gateway Medical Center precedes the adoption ofthe Public Art Ordinance; however, the Developer has agreed to provide a piece of public art in conjunction with the proposed Project (Condition of Approval No. 13, Attachment 3). The proposed location for the public art piece would be within the vehicular roundabout off of the Glynnis Rose Drive entrance to the Project. Page 10 of 18 ENVIRONMENTAL REVIEW In accordance with the California Environmental Quality Act (CEQA) the Project has been reviewed for environmental impacts and an Initial Study has been prepared. The Project is located within the Eastern Dublin Specific Plan area and is part of the project area covered by the Eastern Dublin Ge1?-eral Plan Amendment and Specific Plan Environmental Impact Report (the "Eastern Dublin EIR") certified by the City Council in 1993 (SCH No. 91103064) and the Santa Rita Property Mitigated Negative Declaration certified by the City Council in 1996 (SCH No. 96082092). With regards to cumulative traffic impacts at the Dublin Boulevard/Dougherty Road intersection, the Project is covered by the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR"). The Initial Study prepared for the Project evaluated the Project at a site specific level for potential impacts which had not already been analyzed as part of the Eastern Dublin EIR and Dublin Ranch West EIR. Based on the analysis contained within the Initial Study, no new environmental impacts were identified; therefore, an Addendum has been prepared. As provided for in Section 15164 of the CEQA guidelines, an Addendum need not be circulated for public review but shall be considered with the prior EIR(s) before making a decision on the Project. Four of the sixteen categories contained within the Initial Study were specifically identified for Project- specific review. A visual analysis was prepared to address potential aesthetic impacts resulting from the relocation of the 6-story building. Hazards and hazardous materials were analyzed at a Project-specific level because such analysis was not undertaken as part of the Eastern Dublin EIR and noise was analyzed for potential environmental impacts resulting from the emergency room operations. Lastly, transportation and traffic was analyzed for the change in use from medical offices to a hospital and for impacts to the Dublin Boulevard/Dougherty Road intersection. Aesthetics (Attachment L Exhibit A) The 1998 Stage 1 and 2 Development Plan for the Dublin Corporate Center anticipated the development of a 6-story signature office building at the comer of Dublin Boulevard and Tassajara Road. A project- specific visual analysis was prepared in 1998 as part of the Koll Dublin Corporate Center Vesting Tentative Map and Site Development Review analyzing a 6-story building at the comer of Dublin Boulevard and Tassajara Road along with three 4-story buildings adjacent to Interstate 580. The visual analysis concluded that no additional significant impacts beyond those addressed in the Eastern Dublin EIR were identified for the project. At the time of the 2005 approvals for the Dublin Gateway Medical Center, changes in market conditions resulted in the developer requesting approvals for two 3-story medical office buildings and one 3-story lifestyle/wellness building rather than the previously analyzed 6-story signature office building. The three 4-story office buildings (Phase 1) adjacent to Interstate 580 had been constructed prior to the 2005 approvals and are still in existence. Because the 3-story medical office buildings were lower than the three 4-story office buildings adjacent to Interstate 580, it was determined that no visual impact would result. The current Project proposes to reintroduce the 6-story building for a hospital use in a slightly different location than what was previously analyzed; therefore, a new visual analysis was performed to determine if any adverse aesthetic impacts would result. Due to the fact that the surrounding properties are largely built out with one-, two-, three- and four-story buildings and based on the results of the visual analysis, a determination has been made that the Project will not have any significant impacts to aesthetics. The Page 11 of 18 proposed 6-story building incorporates 3-story elements which provide a transition from the taller 6-story structure to lower 3-story and I-story buildings in close proximity to the Project. Hazards and Hazardous Materials (Attachment L Exhibit A) As part of the development of Phase One of the Dublin Gateway Medical Center, a Phase I Environmental Site Assessment was performed by URS Corporation dated November 1, 2004, and concluded that the probability of environmental contamination, impairment or liability associated with the Project site was low to moderate. Additionally, the Project site is not located on a hazardous waste and substance site pursuant to Government Code Section 65962.5. The Project would require the transport, use and disposal of hazardous materials such as, pharmaceuticals and bio-hazardous waste. State law requires all hospitals to be licensed by the State and comply with strict regulations for the handling, storage and disposal of hazardous materials. Therefore, the Project will not have any significant impacts as a result of hazards and hazardous materials. Noise (Attachment L Exhibit A) The Proj ect proposes to include an emergency room which would introduce a new source of noise as a result of the Project which would otherwise not be present on the Project site if a medical office building were to be established. Ambulance sirens associated with the emergency room operations were analyzed to determine the level of impact to the Project site and surrounding properties. The proposed emergency room would create a destination for ambulances and as a result would introduce noise associated with sirens to the Project site. The use of sirens is regulated by the California Highway Patrol and the protocols for siren use and maintenance are set forth in Ambulance Driver Handbook published by the Department of Motor Vehicles. According to the Handbook, Code 3 operations, which is a term used to describe the use of red warning lamps and sirens in response to an emergency call, are only to be used when initially responding to an emergency call or when speed in obtaining emergency medical care appears essential to save a life, prevent undue suffering, or to reduce or prevent disability. The Handbook further states that the use of sirens shall be restricted to situations where they are most effective. Ambulances are not proposed to be stored at the Project site and therefore would not be dispatched from the Project site. As a result, siren noise associated with the transport of a patient to the Project site is more probable than siren noise associated with an ambulance being dispatched from the Project site. In addition to siren noise being limited to the transport of a patient to the Project site, there are two other hospitals within the Tri-Valley: San Ramon Regional Medical Center in San Ramon and ValleyCare Hospital in Pleasanton, which could also be destinations for the transport of patients depending on the type and severity of the injury. In analyzing the totality of the circumstances in which ambulance sirens would be utilized in connection with the Project's emergency room operations, a determination has been made that the noise impact would be less than significant. Transportation/Traffic (Attachment L Exhibit A) The proposed Project would generate slightly more A.M. peak hour trips and slightly fewer P.M. peak hour trips than the previously approved medical office building. According to the Institute of Traffic Engineers, a project that generates fewer than 100 additional A.M. or P.M. peak hour trips does not require additional traffic studies; therefore, the additional A.M. peak hour trips expected by the Project is Page 12 of 18 negligible and would not have a significant effect on the environment. However, the additional trips generated by the Project would contribute to the cumulative build out impacts from development in eastern Dublin on Interstate 580, the Santa Rita Road/Interstate 580 ramps and the Dublin Boulevard/Dougherty road intersection. These cumulative build-out traffic impacts were fully analyzed as part of the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (the "Eastern Dublin EIR") and the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR") and no significant impacts beyond those previously identified would result from the Project. Therefore, the City prepared an Addendum which is attached as Exhibit A to Attachment 1. DEVELOPMENT AGREEMENT One of the implementing measures of the Eastern Dublin Specific Plan is the requirement that the City enter into a Development Agreement with developers within the Plan area. The Development Agreement provides security to the developer that the City will not change its zoning and other laws applicable to the project for a specified period of time (the so-called "vesting period"). The City offers developers in Eastern Dublin, where development agreements are required by the Specific Plan, a 5-year vesting period. The benefit to the City of entering into a Development Agreement with the property owner is that the document is a contract that ensures that the goals of the Eastern Dublin Specific Plan are met and the infrastructure facilities for the area are constructed with each development phase. Additionally, it ensures that dedications of property and easements are made, project phasing is followed, the appropriate fees are paid for the development, and any additional terms of the Agreement are met as the development proceeds. Due to the length of time it takes to process hospital building permits through state regulatory bodies, the Developer has requested a longer vesting period of 10 years. In exchange for this extended vesting period, City Staff requested and the Developer agreed to include a provision in the Development Agreement that would require the Developer to provide a Community Benefit Payment (described at the end of this page and on page 14 in the section titled Consistency with the General Plan, Eastern Dublin Specific Plan, Planned Development Zoning District (P A 98-047), as Amended, and the Dublin Zoning Ordinance) upon the happening of certain events. The Approval of Development Agreements is by adoption of an Ordinance by the City Council upon a recommendation by the Planning Commission. The proposed Development Agreement between the City of Dublin and Triad Dublin Gateway LP is contained in Exhibit A of Attachment 4, which is the Resolution recommending City Council approval of the Development Agreement. The format and structure of the Development Agreement for the Dublin Gateway Medical Center Building 3 Hospital and Garage project is based on the standard Development Agreement developed by the City Attorney and adopted by the City Council for projects within the Eastern Dublin Specific Plan area. The City Attorney drafted the proposed Development Agreement for the Project with input from City Staff, the Property Owner and Developer, and their attorneys. The Development Agreement sets forth the agreement between the parties in relation to many items, including, but not limited to, phasing, project and off-site infrastructure, and payment or waiver of fees. The Development Agreement runs with the land and the rights thereunder can be assigned. NOTICING In accordance with State law, a Public Hearing Notice was mailed to all property owners and occupants/residents within three hundred feet of the Project site and to all parties requesting such notice. The Public Hearing Notice provided a description of the Project including the location, approvals sought and environmental review undertaken. The Public Hearing Notice was also published in the Valley Times and posted at several locations throughout the City. Page 13 of 18 CONSISTENCY WITH THE GENERAL PLAN, EASTERN DUBLIN SPECIFIC PLAN, PLANNED DEVELOPMENT ZONING DISTRICT (P A 98-047), As AMENDED, AND THE DUBLIN ZONING ORDINANCE The Project is located within the Eastern Extended Planning Area and is designated as Campus Office in the General Plan and Eastern Dublin Specific Plan land use maps. The Project is consistent with this land use designation in that: 1) it is an employment generating use that will provide a range of service and professional jobs within the City and the surrounding Tri-Valley region; and 2) it provides an attractive, campus like setting for medical office uses. Additionally, the General Plan and Eastern Dublin Specific Plan allow for a floor area ratio (FAR) of .25-.80 for Campus Office land uses. The FAR for the Project has been calculated in conjunction with the larger Koll Dublin Corporate Center, of which the Project is a part, and the increase in square footage does not exceed the maximum allowable FAR for Campus Office land uses (.80). The Koll Dublin Corporate Center was approved in 1998 with an FAR of .33. The Project increases the FAR to .47 which is still within the allowable range. The Project is located within the Tassajara Gateway Subarea of the Eastern Dublin Specific Plan. This area encourages the development of uses that will benefit from the close proximity to the area's three. major corridors (1-580, Dublin Boulevard and Tassajara Road). Due to the area's visibility from these corridors, the land uses within this area should present a high profile, quality image. The Project is consistent with the Tassajara Gateway Subarea in that: 1) the hospital use is located in a manner which makes it readily visible to the public; and 2) the Project incorporates design features (i.e. pre-cast concrete panels, green tinted glass, aluminum canopies and fins, varied building heights), public art and site landscaping. The Eastern Dublin Specific Plan allows for the development of general commercial uses through a Planned Development Zoning process. The Planned Development Zoning District (P A 98-047), in which the Project is located, allows for the establishment of a hospital with approval of a Conditional Use Permit and a parking garage is a permitted use. Section 8.100.160.G of the Dublin Municipal Code requires a finding that the Project is consistent with applicable specific plans for approval of a Conditional Use Permit. One goal of the Eastern Dublin Specific Plan is that new development pays for needed services [Eastern Dublin Specific Plan, section 10.4; Policy 10-1]. The Eastern Dublin Specific Plan anticipates that revenues to pay for public services will come from property taxes, among other revenues (section 10.2), and the Specific Plan indicates that the monies from the Specific Plan area are anticipated to be enough by 2014. A fiscal study was done for the Specific Plan that shows revenues and expenses, based on the assumption that property tax revenues are received from all properties. Property tax revenues were a significant component of the anticipated revenues needed to pay for public services when the City adopted the Eastern Dublin Specific Plan. Chapter 3.12 of the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (the "Eastern Dublin EIR") discussed operating costs and revenues, concluding that property tax revenue was the primary form of new revenues. Impact 3.12/A finds that project-generated revenues will be sufficient to cover project- generated costs after shortfalls in the early years assuming at least 25 percent share of property taxes. No mitigation was therefore required as part of the Eastern Dublin EIR. If the proposed hospital is a non-profit hospital, it is entitled to an exemption from property tax pursuant to state law (Rev. & Tax Code section 214). In order to mitigate this loss of property tax revenues and in order to find a hospital that is consistent with the Eastern Dublin Specific Plan if it is a non-profit hospital, Staff recommends that the Conditional Use Permit include a condition of approval that requires a payment, called a "community benefit payment", if the hospital will be a non-profit hospital. The payment would be in the amount of $2,093,872, which will be paid at the time of issuance of a Page 14 of 18 grading/site-work permit for the hospital or at any time during the term of the Development Agreement if the hospital is constructed as a for-profit hospital and converts to a non-profit during the term of the Development Agreement. Because of the difficulty of calculating the loss of property tax revenues (i.e. due to assumptions that must be made about the assessed value, the rate of the tax the City would receive, adjustments to the assessed value, and the duration of the exemption) and creating an enforceable mechanism for collecting the lost revenues, Staff recommends a flat payment. The Applicant is in agreement with this condition. A similar provision is included in the Development Agreement. The Project is consistent with the Zoning Ordinance in that it has been designed, and conditions of approval have been applied, to ensure compliance with all development regulations and standards not otherwise specified in the Stage 1 and 2 Development Plan, as amended, for the Planned Development Zoning District (PA 98-047). PLANNING COMMISSION HEARING OF APRIL 24, 2007: At the April 24, 2007 Planning Commission meeting, Staff presented the alternative Project known as the Dublin Gateway Medical Center Building 3 Hospital and Garage. The Planning Commission expressed concerns regarding the Project and directed Staff to work with the Applicant to address the following items (see April 24, 2007 Meeting Minutes in Attachment 6): . Reduce the massing of the building at Dublin Boulevard and Glynnis Rose Drive by notching the comer of the building. . Revise the loading dock area to facilitate truck turning movements which would not interfere with vehicular traffic on Glynnis Rose Drive. · Relocate the trash enclosures to an internal location on the site. · Include architectural elements on all four sides of the parking garage and revise the vegetative screen on the south elevation. . Identify operational equipment such as generators and oxygen tanks and how the location and screening of these items will be addressed. · Provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking requirements. During the Public Hearing, Jennifer Kim, a resident of Dublin, addressed the Planning Commission with questions regarding noise, traffic and parking as it related to the Project. The Planning Commission and Staff addressed each of her questions and she thanked the Planning Commission for the opportunity to speak. PLANNING COMMISSION HEARING OF MAY 8, 2007: At the May 8, 2007 Planning Commission meeting, Staff addressed each of the Planning Commissions six concerns (see Attachment 7, the May 8, 2007 Planning Commission Agenda Statement). The Planning Commission expressed appreciation for the changes made to the massing of the building at Dublin Boulevard and Glynnis Rose Drive; the relocation of the trash enclosures to a more internal location within the site; and the architectural elements which were added to all four sides of the parking garage and the additional vegetative screening. With regards to the revised loading dock area, the Planning Page 15 of 18 Commission was supportive of the redesign which allows for delivery trucks to pull off of Glynnis Rose Drive in a forward direction and then back into the on-site loading bay; however, the Planning Commission did express further concerns regarding the operations of the loading dock, i.e. number of deliveries, types of deliveries, and size of delivery trucks. To address this concern, Condition of Approval No. 22 (see Attachment 3, pages 12-13) has been revised as follows (new text is shown in bold and italics) : Condition of Approval No. 22: Construction Plans for Hospital Building. Notwithstanding the fact that the hospital building will be permitted and inspected by the State of California Office of Statewide Health Planning and Development (OSHPD), Applicant/Developer acknowledges that the development of the hospital building is subject to the requirements of the City of Dublin Zoning Ordinance and this approval, and that the construction of the hospital must be completed in compliance with those requirements. To allow the City to comment on the construction plans' compliance with the City's Zoning Ordinance and this approval, Applicant/Developer shall submit three (3) sets of construction plans for the hospital building to the Planning Division concurrently with the Applicant/Developer's submission of such plans to OSHPD. The Applicant/Developer shall also submit to the Planning Division a hazardous materials plan and a typical schedule of loading dock activities including the types of deliveries, number of deliveries, and types of vehicles making deliveries. Applicant/Developer shall pay the City's fees to review the construction plans to determine conformance with the City of Dublin Zoning Ordinance and this approval. Applicant/Developer shall reasonably respond to any comments made by the City relative to compliance with the City of Dublin Zoning Ordinance and this approval. If, during the course of OSHPD review of the construction plans, changes to the Project are necessary to comply with State regulations, the Applicant/Developer shall notify the City and resubmit plans to the Planning Division for review. Additionally, if modifications necessitate review by the Planning Commission and/or City Council, the Applicant shall be responsible for the submittal ofproject applications and materials for review by the City. Additionally, Condition of Approval No. 18 requires that a delivery schedule and loading dock operations plan be furnished by any future tenant upon request by the Community Development Director to ensure on-going compatibility of the Project with its surroundings (see Attachment 3, page 11). The Community Development Director has the ability to make such a request on an annual basis. Condition of Approval No. 18 reads as follows: Condition of Approval No. 18: Loading Dock Activities. Upon request by the Community Development Director, the Applicant/Developer, and all future tenants ofthe property, shall furnish a delivery schedule and loading dock operations plan (the "Plan") for review and approval. The Plan shall be reviewed as an annual review of the Conditional Use Permit per Condition of Approval No. 15 above. The Planning Commission also expressed concerns regarding operational equipment such as generators and an oxygen tank; both of which are required infrastructure for a hospital facility and neither of which are identified on the Project plans. The Planning Commission was concerned with the future location of such equipment and how it will be screened from public view. Condition of Approval No. 23 (see Attachment 3, pages 13-14) addresses the screening of electrical, mechanical and plumbing equipment including tanks and reads as follows: Page 16 of 18 Condition of Approval No. 23: Equipment Screening. To the extent allowable under State and local building and fire codes, all electrical, mechanical, and plumbing equipment, and/or tanks, shall be located underground or within the building. To the extent allowable under State and local building and fire codes, any electrical, mechanical, and plumbing equipment, and/or tanks, which cannot be located underground or within the building due to State and local building and fire codes, shall be located on the roof of the building and shall be completely screened from public view with materials architecturally compatible with the building and to the satisfaction of the Community Development Director. Any electrical, mechanical and plumbing equipment, and/or tanks, which cannot be located on the roof of the building due to State and local building and fire codes, shall be subject to Site Development Review approval. The Community Development Director shall determine whether to process the review administratively or refer it to the Planning Commission. After much discussion regarding operational equipment, the Planning Commission indicated that they felt comfortable that Condition of Approval No. 23 adequately addressed the issue of screening operational equipment and did not modify the condition of approval. The final concern expressed by the Planning Commission at the April 24, 2007 hearing was related to staffing levels and parking. A new condition of approval was added, Condition of Approval No. 22a (see Attachment 3, page 13) which reads as follows (new text is shown in bold and italics): Condition of Approval No. 22a: Staffing Level Plan. Prior to the issuance of a building permit for the parking garage, the Applicant/Developer shall provide the City with a written statement identifying the hospital tenant and the specific staffing levels with respect to the number of doctors and employees on the largest shift. If the number of doctors or employees on the largest shift increases, a parking analysis shall be conducted to ensure that adequate parking will be provided in accordance with Chapter 8.76 of the Dublin Zoning Ordinance. If additional parking is needed, the Applicant/Developer shall apply for an amendment to the Conditional Use Permit and Site Development Review; such application shall be reviewed and approved prior to the issuance of a grading permit and/or building permit for the parking garage. The Planning Commission also requested that Condition of Approval No. 26a be added to the Project requiring the Applicant/Developer to provide a copy of the approved conditions of approval to all future tenants of the Project (see Attachment 3, page 14). Condition of Approval No. 26a reads as follows (new text is shown in bold and italics): Condition of Approval No. 26a. The Applicant/Developer shall provide a copy of the approved conditions of approval to all future tenants. The Planning Commission also discussed the potential for a helicopter pad to be added to the Project at a later date. Staff indicated that a helicopter pad is not part of the current application and that if a helicopter pad is proposed in the future, additional environmental analysis would need to be completed. The additional modifications to existing conditions of approval and the new conditions of approval were added by the Planning Commission to ensure that the Planning Commission could make the appropriate findings for the recommendation of approval on a Conditional Use Permit and Site Development Review. Page 17 of 18 During the Public Hearing one member of the public addressed the Planning Commission regarding the Project. Gary Sloan, CEO of San Ramon Regional Medical Center, asked the Planning Commission to consider the impact a new hospital would have on existing hospitals within the Tri-Valley, namely San Ramon Regional and ValleyCare, as well as the impacts to essential services such as Police and Fire protection. Mr. Sloan expressed that he did not feel the Planning Commission had an adequate amount of information before them regarding the Project to make an informed decision. Mr. Sloan felt that the Planning Commission should know who the tenant will be before making a decision on the Project. Following the Public Hearing the Planning Commission deliberated, made revisions to the Conditions of Approval for the Conditional Use Permit and Site Development Review and voted to adopt the following Resolutions: . Planning Commission Resolution 07-23 (Attachment 9) recommending City Council adoption of a CEQA Addendum for an amendment to the Stage 1 and 2 Development Plan for Planned Development Zoning District (PA 98-047) and for a Conditional Use Permit and Site Development Review for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project. . Planning Commission Resolution 07-24 (Attachment 10) recommending City Council adop~ion of a Planned Development Rezone and Stage 1 and 2 Development Plan for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project. . Planning Commission Resolution 07-25 (Attachment 11) referring decision making authority and recommending City Council approval of a Conditional Use Permit and Site Development Review for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project. . Planning Commission Resolution 07-26 (Attachment 12) recommending City Council adoption of a Development Agreement for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project. RECOMMENDATION: Staff recommends that the City Council: 1) Open the public hearing; 2) Receive Staff presentation; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; 5) Adopt Resolution (Attachment 1) approving a CEQA Addendum for an amendment to the Stage 1 and 2 Development Plan for Planned Development Zoning District (PA 98-047) and for a Conditional Use Permit and Site Development Review for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project, with Addendum attached as Exhibit A and Statement of Overriding Considerations attached as Exhibit B; 6) Waive the reading and introduce an Ordinance (Attachment 2) approving a Planned Development Rezone and Stage 1 and 2 Development Plan for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project, with Stage 1 and 2 Development Plan attached as Exhibit A; 7) Adopt Resolution (Attachment 3) approving a Conditional Use Permit and Site Development Review for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project, with Project Plans attached as Exhibit A; and 8) Waive the reading and introduce an Ordinance (Attachment 4) approving a Development Agreement for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project, with Development Agreement attached as Exhibit A. Page 18 ofl8 I~'~t RESOLUTION NO. XX - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A CEQA ADDENDUM AND STATEMENT OF OVERRIDING CONSIDERATIONS FOR AN AMENDMENT TO THE STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT (PA 98-047) AND FOR A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5.,level parking garage (the "Project") on 3.13:!: acres ofland, located at 4084 and 4100 Dublin Boulevard, a portion of the Dublin Gateway Medical Center and the Dublin Corporate Center (formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned Development Zoning District (P A 98-047); and WHEREAS, the Project is Phase Two of the Dublin Gateway Medical Center previously approved by Planning Commission Resolution 05-06 for the construction of a 3-story, 58,000 square foot medical office building and a 4-level parking garage (the "Original Project"); and WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center (formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned Development Zoning District (P A 98-047); and WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage (the "Project") on the same 3.13:t acres ofland, located at 4084 and 4100 Dublin Boulevard; and WHEREAS, the Project would provide the Applicant with the option of constructing the Original Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original Approval and the Project entitlements; and WHEREAS, the Project requires approval of a Planned Development Rezone and Stage 1 and 2 Development Plan to allow for the following: 1) the requested dual entitlements, 2) an increase in square footage on Lot 7 of Tract 7064 for the Dublin Corporate Center (P A 98-047), 3) revisions to the site plan approved under PA 98-047, 4) revisions to the landscape plan approved under PA 98-047, and 5) revisions to the development regulations approved under PA 98-047; and WHEREAS, in accordance with the original Development Plan for Planned Development Zoning District, PA 98-047 (Exhibits A-I and A-2 of Ordinance 22-98 incorporate herein by reference), the 5-'5-07 ~.OL Attachment 1 ~1J l~t Project requires approval of a Conditional Use Permit for the establishment and operation of a Hospital/Medical Center; and WHEREAS, the Project requires approval of Site Development Review for the development of the 6-story hospital building and 5-level parking garage; and WHEREAS, any approval of the Conditional Use Permit and Site Development Review is contingent upon City Council approval of the Planned Development Rezone and Stage 1 and 2 Development Plan; and WHEREAS, a complete application has been submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans and exterior elevations dated received May 3,2007, for the required approvals; and WHEREAS, the Project is within the General Plan Eastern Extended Planning Area and within the Eastern Dublin Specific Plan area for which a Program Environmental Impact Report (EIR) was certified for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") pursuant to the California Environmental Quality Act (CEQA) by City Council Resolution 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (SCH No. 91103064). The certified EIR, resolution and addenda are incorporated herein by reference. The Eastern Dublin EIR identified significant unavoidable impacts from development of the eastern Dublin area some of which would apply to the Project; and WHEREAS, the Project area is located within a portion of the Santa Rita Property for which the City Council previously approved a Mitigated Negative Declaration by Resolution 123-96 on October 15, 1996 (both incorporated herein by reference); and WHEREAS, the City Council previously approved a General Plan/Eastern Dublin Specific Plan Amendment for Dublin Ranch West by Resolution 42-05 and certified a related Supplemental EIR on March 15,2005 (both incorporated herein by reference); and WHEREAS, the City Council previously adopted Ordinance 22-98 on December 15, 1998 approving a Stage 1 and Stage 2 Development Plan for the Koll Dublin Corporate Center and finding the project within the scope of the Eastern Dublin EIR (incorporated herein by reference); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the Project and a determination has been made that the proposed Project will not have a significant effect on the environment. The Project has been found to be within the scope of the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH No. 91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND") (SCH No. 96082092); and, the cumulative traffic analysis of the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR") (SCH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita Property MND, and the cumulative traffic analysis of the Dublin Ranch West EIR, adequately describe the total Project for the purpose of CEQA. In accordance with CEQA Guidelines Sections 15162 and 15164, an Addendum has been prepared to reflect project changes from the prior CEQA analyses. The Addendum and related Initial Study dated January 2007 are attached as Exhibit A and incorporated herein by reference; and 20f4 ;;"61-.4 WHEREAS, the Planning Commission did hold properly noticed public hearings on the Project on April 24, 2007 and May 8,2007 and adopted Resolution 07-23 recommending approval of the CEQA Addendum; and WHEREAS, the Eastern Dublin EIR and Dublin Ranch West EIR identified significant unavoidable impacts from development of the Eastern Dublin area, some of which would apply to the Project; and WHEREAS, pursuant to CEQA Guidelines Section 15093 and the California Court of Appeals decision Communities for a Better Environment v. California Resources Agency (2002) 103 Cal. App. 4th 98, 125, approval of the Project must be supported by a new Statement of Overriding Considerations; and WHEREAS, the City Council held a properly noticed public hearing on May 15, 2007, at which time interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated May 15, 2007 was submitted to the City Council analyzing the Project and recommending approval of the CEQA Addendum and the project applications; and WHEREAS, the City Council considered the Addendum with the previously certified Eastern Dublin Environmental Impact Report, the Santa Rita Property Mitigated Negative Declaration and the cumulative build-out traffic portion of the Dublin Ranch West Environmental Impact Report before making a decision on the Project; and WHEREAS, the City Council did use its independent judgment and considered all reports, recommendations and testimony before taking action on the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make the following findings and determinations regarding said proposed Addendum: 1. The Dublin City Council reviewed and considered the Addendum prior to approving the Project. 2. The Initial Study/Addendum determined that the Project will not have a significant.effect on the environment. There is no substantial evidence in light of the whole record before the City that the project will have a significant effect upon the environment. 3. The Addendum has been completed in compliance with CEQA, CEQA Guidelines and the City of Dublin Environmental Guidelines. 4. The Addendum is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the proposed Project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby adopt a CEQA Addendum, attached as Exhibit A, pursuant to CEQA Guidelines Sections 15162 and 15164 for the Dublin Gateway Medical Center Building 3 Hospital and Garage project. BE IT FURTHER RESOLVED that the City Council adopts the Statement of Overriding Considerations attached as Exhibit B. 30f4 4eo f~t PASSED, APPROVED AND ADOPTED this 15th day of May 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2006\06-026 Dublin Gateway Bldg 3 Mod\Public Hearing Documents\Enviro\Final Documents\CC Reso Addendum_done.doc 40f4 is 1J l$~ ADDENDUM TO THE EASTERN DUBLIN EIR AND THE DUBLIN RANCH WEST EIR FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4100 AND 4084 DUBLIN BOULEVARD P A 06-026 JANUARY 2007 On May 10, 1993, the Dublin City Council adopted Resolution 51-93 certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan ("Eastern Dublin EIR" SCH No. 91103064). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes (Parts I and II) as well as an Addendum dated May 4, 1993 assessing a reduced development area project alternative. The City Council adopted Resolution 53-93 approving a General Plan Amendment and Specific Plan for the reduced alternative on May 10, 1993. On August 22, 1994, the City Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. The Eastern Dublin EIR evaluated the potential environmental effects of development over a 20 to 30 year period. This Addendum to the Eastern Dublin EIR has been prepared pursuant to CEQA Guidelines Section 15164 for the Dublin Gateway Medical Center Building 3 Hospital and Garage project (the "Project"). On March 15, 2005 the Dublin City Council adopted Resolution 42-05 certifying an Environmental Impact Report for the Dublin Ranch West project (the "Dublin Ranch West EIR" SCH No. 2004112094). The certified EIR consisted of a Draft EIR and Responses to Comments bound volumes. The City Council adopted Resolution 43-05 approving amendments to the General Plan and Eastern Dublin Specific Plan for the Dublin Ranch West project. The Dublin Ranch West EIR evaluated the cumulative traffic impacts at the Dublin/Dougherty intersection and assumed development of the Project site in its cumulative traffic analysis. This Addendum to the Dublin Ranch West EIR has been prepared pursuant to CEQA guidelines Section 15164 for the Dublin Gateway Medical Center Building 3 Hospital and Garage project (the "Project"). PROJECT DESCRIPTION AND PRIOR APPROVALS The Dublin Gateway Medical Center Building 3 Hospital and Garage project (the "Project") consists of 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage, with one level below ground and four levels above ground, on 3.13 acres of the 7.14 acre Dublin Gateway Medical Center site which is located at the southwest comer of Dublin Boulevard and Tassajara Road. Consistent with the General Plan and Eastern Dublin Specific Plan land uses and densities, the site was previously zoned PD, Planned Development (PA 98-047), including a Stage 1 and 2 Development Plan on December 15, 1998. In 2005, the Dublin Planning Commission approved the Dublin Gateway Medical Center for the development of three, 3-story medical office buildings and a 4-level parking garage in two phases (Phase One and Phase Two). The developer is now requesting an alternative development option for Phase Two of the original project. The Project requires approval of, 1) a Planned Development Rezone and Stage 1 and 2 Development Plan; 2) a Conditional Use Permit, 3) Site Development Review; and 4) a Development Agreement. Addendum to Eastern Dublin EIR and Dublin Ranch West EIR Dublin Gateway Medical Center Building 3 Hospital and Garage, P A 06-026 10f4 Exhibit A lo1J \f)~ PRIOR CEQA ANALYSES AND DETERMINATIONS The Project is within the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin GPAlSP") planning area which was the subject of the Eastern Dublin EIR, certified in 1993. The EIR analyzed the potential effects of future urban development planned for a largely undeveloped area east of the then-existing City. Numerous environmental impacts were identified and numerous mitigation measures adopted upon approval of the Eastern Dublin GPAlSP. For identified impacts that could not be mitigated to a less than significant level, the Dublin City Council adopted a Statement of Overriding Considerations. All previously adopted mitigation measures continue to apply to any future development as applicable, including the Dublin Gateway Medical Center Building 3 Hospital and Garage proj ect. While the Eastern Dublin EIR evaluated traffic impacts throughout the plan area, it concluded that cumulative traffic impacts at the Dublin/Dougherty intersection could be mitigated to a less than significant level. Later environmental reviews, including the Dublin Ranch West EIR, certified by City Council Resolution 42-05, identified cumulative traffic impacts at the Dublin/Dougherty intersection as being significant and unavoidable. The Dublin City Council adopted a Statement of Overriding Considerations for this impact on March 15,2005. In 2005, the Dublin Planning Commission determined that the Dublin Gateway Medical Center project was within the scope of the Eastern Dublin EIR and the Santa Rita Property Mitigated Negative Declaration and therefore no additional environmental review was necessary. CURRENT CEQA ANALYSIS AND DETERMINATION THAT AN ADDENDUM IS APPROPRIATE FOR THE PROJECT Initial Study. The City has determined that an Addendum to the Eastern Dublin EIR and the Dublin Ranch West EIR is the appropriate CEQA review for the Project. Prior to making this determination, the City reviewed the Eastern Dublin EIR and the Dublin Ranch West EIR to determine if further environmental review was required for the current Planned Development Rezone, Conditional Use Permit and Site Development Review applications. The City also reviewed the results of a December 2006 traffic analysis (Traffic Analysis conducted by TJKM Transportation Consultants dated December 11, 2006) and the results of a visual analysis (Dublin Gateway Medical Center Visual Analysis contained within the Project Plans prepared by Ware Malcomb dated received February 26,2007 by the Planning Division). The traffic analysis noted a negligible increase in A.M. peak hour trips and a reduction in P.M peak hour trips. The results of the visual analysis showed no significant impact of a 6- story building within the project setting. The City prepared an Initial Study dated January 2007, incorporated herein by reference, which reflects the traffic and visual analyses. No Subsequent Review is required per CEQA Guidelines Section 15162. CEQA Guidelines Section 15162 identifies the conditions requiring subsequent environmental review. After review of these conditions, and the January 2007 Initial Study, the City has determined that no subsequent EIR or Negative Declaration is required for the Project. Addendum to Eastern Dublin EIR and Dublin Ranch West EIR Dublin Gateway Medical Center Building 3 Hospital and Garage, PA 06-026 20f4 '1U/) \f>~ a) Are there substantial changes proposed to the project which will require major revisions to a previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects? There are no substantial changes from the project analyzed in the Eastern Dublin EIR. The Project is consistent with the Campus Office land use and density in the General Plan and the Eastern Dublin EIR. The Project is also consistent with the purpose and intent of the Planned Development Zoning District adopted in 1998. The Project proposes amendments to the Stage 1 and 2 Development Plan to reflect a shift in the location of the 6-story building and an increase in overall square footage. The 2006 Traffic Analysis concluded that the traffic generation from the Project would not change substantially from previous analyses. None of these changes involves new or more severe significant impacts beyond those previously identified in the Eastern Dublin EIR and no new mitigation measures are required for the Project. b) Are there substantial changes which will occur with respect to the circumstances under which the Project is undertaken which will require major revisions to a previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects? There are no substantial changes in the conditions assumed in the Eastern Dublin EIR with the exception of cumulative traffic impacts which were fully analyzed in a subsequent EIR for the Dublin Ranch West project. As noted above, the traffic analysis conducted for the Project noted a negligible increase in AM peak hour trips and a reduction in P.M peak hour trips and therefore is not a substantial change under CEQA All applicable Mitigation Measures contained in the Eastern Dublin EIR are included as part of this Project. (The City notes that no additional mitigation measures were identified in the Dublin Ranch West EIR for cumulative traffic impacts at the Dublin BoulevardIDougherty Road intersection.) c) Is there new information of substantial importance, which was not known and could not have been known at the time a previous EIR(s) was certified or Negative Declaration was adopted which shows the Project will have one or more significant effects not discussed in the previous EIR(s) or Negative Declaration; or, significant effects previously examined will be substantially more severe than shown in the previous EIR; or, mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project but the project proponents decline to adopt the mitigation measures or alternative; or, mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment but the project proponents decline to adopt the mitigation measures or alternative? There is no new information showing a new or more severe significant effect that has not already been identified and analyzed as part of the Eastern Dublin EIR and cumulative buildout traffic analysis in the Dublin Ranch West EIR. Applicable mitigation measures contained within the Eastern Dublin EIR have been incorporated into the Project and agreed to by the project proponent. (The City notes that no additional mitigation measures were identified in the Dublin Ranch West EIR for cumulative traffic impacts at the Dublin BoulevardIDougherty Road intersection.) Addendum to Eastern Dublin EIR and Dublin Ranch West EIR Dublin Gateway Medical Center Building 3 Hospital and Garage, PA 06-026 30f4 <6tJb \ 1/$ d) If no subsequent EIR-level review lS required, should a subsequent Negative Declaration be prepared? No subsequent Negative Declaration or Mitigated Negative Declaration is required because there are no impacts, significant or otherwise, of the Project beyond those identified in the Eastern Dublin EIR and cumulative build-out traffic analysis in the Dublin Ranch West EIR. Conclusion. This Addendum to the Eastern Dublin EIR and Dublin Ranch West EIR is adopted pursuant to CEQA Guidelines 15164. The Addendum updates the traffic analysis for the Project; however, as discussed above, the update does not require further environmental review. The City prepared an Initial Study in connection with the determination to adopt an Addendum. As provided in Section 15164, the Addendum need not be circulated for public review but shall be considered with the prior EIR(s) before making a decision on the Project. The Initial Study, Eastern Dublin EIR and Dublin Ranch West EIR are available to the public for review during normal business hours at the City of Dublin Community Development Department, Planning Division located at 100 Civic Plaza, Dublin, CA 94568. Addendum to Eastern Dublin EIR and Dublin Ranch West EIR Dublin Gateway Medical Center Building 3 Hospital and Garage, P A 06-026 40f4 Lead Agency: Final INITIAL STUDY DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PA 06-026 TRIAD DUBLIN GATEWAY, LP JANUARY 2007 City of Dublin 100 Civic Plaza Dublin, CA 94568 quc>\~ JOl1b\~~' TABLE OF CONTENTS INTRODUCTION .............................................................................................................................. ..4 Prior Applicable Environmental Reviews Eastern Dublin Specific Plan Environmental Impact Report Santa Rita Mitigated Negative Declaration Dublin Corporate Center Master Plan Initial Study Dublin Gateway Medical Center Exemption Dublin Gateway Medical Center Building 3 Hospital and Garage (2006) PROJECT D ESCRlPTI ON................................................................................................................ .12 Background Historical Use ofthe Property Dublin Corporate Center Bank of America Ulferts Center Dublin Gateway Medical Center Dublin Gateway Medical Center Building 3 Hospital and Garage PROJECT LOCATION................................................................................................................... .. .16 PROJECT Ap PLICA TI 0 NS ...............................................................................................................1 7 Planned Development Rezone ConduwnalUsePermu Site Development Review Development Agreement LIS T OF FIGURES .......................................................................................................................... .19 Figure 1: Eastern Dublin Specific Plan Area and Project Site Figure 2: Dublin Corporate Center Master Plan Figure 3: Dublin Gateway Medical Center Site Plan Figure 4: Dublin Gateway Medical Center Building 3 Modification Site Plan Figure 5: Dublin Corporate Center, Bank of America, Ulferts Center and Dublin Gateway Medical Center Projects INITIAL STUDY Environmental Factors Potentially Affected ................................................................... 21 En viro n mental D eterm in atio n ......................................................................................... 22 En viro nm ental Checklist.................................................................................................. 23 Sources Used to Determine Potential Environmental Impacts....................................... 33 Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 2 of 62 Ilt1fJ l~1i TABLE OF CONTENTS (CONT.) EVALUATION OF ENVIRONMENTAL IMPACTS L A esth etics ...................................................................................................................... 35 IL Agricultu ral Res 0 UTees ................................................................................................ 37 IlL A ir Quality.................................................................................................................. 38 IV. Biological Res 0 u rees................................................................................................... 40 V. Cultu ral Res 0 UTees ...................................................................................................... 42 VI. Geology an d Soils........................................................................................................ 43 VIL Hazards and Hazardous Materials ........................................................................... 44 VIIL Hydrology and Water Quality .................................................................................46 IX. Land Use and Planning ..............................................................................................49 X Mineral R eso urces....................................................................................................... 50 XL No is e ............................................................................................................................ 50 XIL Population and Housing .................................... ....................................................... 53 XIIL Public Services......................................................................................................... 54 XIV. Recreation................................................................................................................. 55 Xv. Transpo rtatio niT raffic............................................................................................... 56 XVI. Utilities and Service System .......... ...........................................................................59 XVIL Mandatory Findings of Significance ...................................... ............................... 61 APPENDIX Traffic Analysis, TJKM Transportation Consultants dated December 11,2006 Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 3 of 62 12~'$( INTRODUCTION This Initial Study has been prepared by the City of Dublin to assess the potential site-specific environmental effects of the proposed "DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE" project (the "Project"). The Project includes a Planned Development (PD) Rezone with a related Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review, and Development Agreement. The analysis is intended to satisfy the requirements of the California Environmental Quality Act (CEQA) and provide the City with adequate information for project review. Sources cited throughout this Initial Study are hereby incorporate by reference and are available to the public for review during normal business hours at the City of Dublin Community Development Department, Planning Division located at 100 Civic Plaza, Dublin, CA 94568. A comprehensive list of cited Sources can be found on pages 32 and 33 ofthis Initial Study. The Project is an alternative development project to the previously approved Dublin Gateway Medical Center (P A 04-046) which was the last in a series of reviews and approvals for the development of the Koll Dublin Corporate Center, a 37:t acre site designated Campus Office in the Dublin General Plan (Source 6) and Eastern Dublin Specific Plan (Source 7). The Project is 3.13 acres of the larger 7.14 acre Dublin Gateway Medical Center which is a portion of the 37 acre Koll Dublin Corporate Center. The 3.13 acre site is currently developed with surface parking and landscaping as part of Phase One of the Dublin Gateway Medical Center. As mentioned above and as further discussed below, development on this site was previously approved (in 2005) and the current Project proposes an alternative development project to that approval. As also discussed below, development of the site was assumed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (the "Eastern Dublin EIR") (Source 12) and this analysis relies on the previous EIR analysis. A portion of the cumulative buildout traffic analysis with respect to the Dublin/Dougherty intersection also relies on the recently certified Dublin Ranch West Supplemental Environmental Impact Report (Source 17). Prior Applicable Environmental Reviews Eastern Dublin Environmental Impact Report (the "Eastern Dublin EIR") The Project site is located within the Eastern Dublin Specific Plan (EDSP) area (Figure 1). An Environmental Impact Report (EIR) was prepared for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (Source 12) which consisted of the following: 1) Draft EIR (Part I) dated August 28, 1992; 2) Final EIR (Responses to Comments, Part II) dated December 21, 1992; 3) An Addendum dated May 4, 1993; and, 4) A DKS Associates Traffic Study dated December 15, 1992. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 4 of 62 ,;;;~. f$~ The Eastern Dublin EIR is a Program EIR which analyzed the broad environmental effects of implementing the Eastern Dublin Specific Plan (EDSP) (Source 7) and anticipated that additional site-specific environmental reviews may be necessary for subsequent development activities. The Eastern Dublin EIR (SCH No. 91103064) was certified by Dublin City Council Resolution 51-93 on May 10, 1993 (Source 22). For identified environmental impacts that could not be mitigated to a less than significant level, the Dublin City Council adopted Resolution 53-93, a Statement of Overriding Considerations (Source 23); a Mitigation Monitoring Program was also adopted as part of Resolution 53-93 for impacts which could be mitigated to a less than significant level. Implementing developments, such as the Project, are subject to the Eastern Dublin EIR mitigation measures, as applicable. In addition to the aforementioned addendum dated May 4, 1993, a second Addendum was adopted by the Dublin City Council on August 22, 1994 updating wastewater disposal plans for development in eastern Dublin (Source 24). Santa Rita Property Mitigated Negative Declaration The Project site was also included in a Mitigated Negative Declaration (SCH 96082092) adopted by City Council Resolution 123-96 in 1996 for the Santa Rita Property project (Source 25). This project included a General Plan Amendment and Eastern Dublin Specific Plan Amendment for approximately 954 acres of which 705 are within the EDSP area; the amendments, among other things, contemplated a change in the land use for the Project site from Campus Office to a combined land use of General Commercial/Campus Office however, ultimately the land use was not changed. The Mitigated Negative DeclarationlInitial Study prepared for the project concluded that while the proposed amendments rearranged some land uses in the EDSP area, the overall balance of land uses as set forth in the EDSP were not significantly altered. A Mitigation Monitoring Program was adopted for the Santa Rita Property project and included the mitigation measures adopted as part of the Eastern Dublin EIR. Dublin Corporate Center (formerly Koll Dublin Corporate Center) In 1998, the City Council adopted Ordinance 22-98 (Source 26) approving the Dublin Corporate Center (Figure 2) which included the following: . three, 4-story office buildings totaling 417,855 square feet; . one, 6-story office building totaling 178,849 square feet; . one, 6-story 85,000 square foot hotel; and, · I-story retail building totaling 14,000 square feet. The November 10, 1998 Planning Commission staff report (Source 27) for the "Koll Dublin Corporate Center Development P A 98-047" project advised that supplemental site specific studies had been prepared for the project and concluded that the project would not have any significant environmental impacts that were not evaluated in the Eastern Dublin EIR. The staff Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 5 of 62 \ t-fObl$lt report advised that the project was within the scope of the prior EIR. The City Council adopted this finding in Ordinance 22-98 approving the Planned Development Zoning District and Stage 1 and 2 Development Plan for the project. Dublin Gatewav Medical Center In 2004, Triad Partners, LLC submitted an application for a Conditional Use Permit, Site Development Review and Vesting Tentative Parcel Map to construct the following: . A 3-story, 62,000 square foot Lifestyle/W ellness Center; . A 3-story, 57,700 square foot medical office building; . A 4-level above ground parking garage; and . A 3-story, 58,000 square foot medical office building. The project was approved to be developed in two phases with the 62,000 square foot Lifestyle/Wellness Center and 57,700 square foot medical office building as Phase One and the parking garage and 58,000 square foot medical office building as Phase Two (Figure 3). The January 25, 2005 Planning Commission staff report (Source 28) for the "Dublin Gateway Medical Center Conditional Use Permit and Site Development Review" advised that the project was within the scope of the Eastern Dublin EIR and Santa Rita Property Mitigated Negative Declaration. The Planning Commission adopted this finding in Resolution 05-06 (Source 29) approving the Conditional Use Permit and Site Development Review. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 6 of 62 Figure 1. Eastern Dublin Specific Plan Area and Project Site. iJl91~ibitt/SfWz..2Lo.::alConl:a><t.I*d Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 7 of 62 15-'6 1~<6 Figure 2.2 Local Context Legend E:::::3 County Boundar,. ~ SrJftcific Plan Ar<:lia Rfvl$lori$: October 2005 ExpancM<l Spedftc. Plan bourKl8ry \0 ll'\Clude Croak, Fi1lloo En+.el'pfise$, BradPPCk & L.ogan properties of FallOn Village and Transit Cetlter. Updated aeriaL Aerial flown: March 2003 EASTERN DUBLIN Specific Plan Revised October 2005 ~ H...J-i City of Dublin January 2007 Figure 2. Dublin Corporate Center Master Plan. DUBLIN BOULEY ARD L , ! I ; ~_..J i , ....~'---.=,'y.....:.:.::. ::.':.:: ==":--L / / ,-t--__""...,_::._~~ ----L ,_.......... .t-.~....~.__,~... "<<<< /' L_~ ATT^~I Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 8 of 62 1(P~ {~ ~ ~ ~ l-' City of Dublin January 2007 Figure 3. Dublin Gateway Medical Center Site Plan. i i ,. f,~:!~"~!!~~II.IIII!~!J.IJJ'111111111111 iilc.:::;;~r' ;o.'''W:!W''''''''~'''''''='''N ...,...~~ \~ Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 9 of 62 17 ao 1$4 Phase One Phase Two City of Dublin January 2007 I $ rfb l'i~ Dublin Gateway Medical Center Building 3 Hospital and Garage (2006) The Dublin Gateway Medical Center Building 3 Hospital and Garage project (the "Project") is a request for an alternative development project for Phase Two of the Dublin Gateway Medical Center (Figure 4). The Project proposes the following: . A 5-level parking garage with one level below ground; and, . A 6-story, 168,000 square foot, 100-bed hospital. Although the Dublin Corporate Center and the Dublin Gateway Medical Center were both previously analyzed for environmental impacts in 1998 and 2005 respectively, and determined to have no additional significant impacts beyond what was identified in the aforementioned Eastern Dublin EIR and Santa Rita Property Mitigated Negative Declaration, the Project now proposes development beyond what was previously analyzed. As a result, an Initial Study has been prepared. The purpose for preparing the Initial Study is to determine whether there will be any potentially significant site-specific environmental impacts resulting from the Project which were not examined in previous environmental reviews and if so, whether those impacts can be reduced to a less-than significant level through mitigation measures. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 10 of 62 l~~ Figure 4. Dublin Gateway Medical Center Building 3 Hospital and Garage Project Site Plan. rr:::l OUBtlN Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 11 of 62 ~Cb PROJECT DESCRIPTION Background Historical Use of the Property The Project site was formerly part of Camp Shoemaker, a United States military facility which contained a hospital, barracks, storage areas and other support facilities. The military buildings were reportedly constructed in the 1930's and early 1940's and were shut down after World War II. The base was reopened during the Korean War and then shut down permanently after the Korean War. After the base closed, Alameda County leased and then purchased the property using existing buildings west of Tassajara Creek as a jaiL In 1989, Alameda County completed construction of a new jail on Broder Boulevard and demolished the old jail buildings. The County used other buildings from the military base as warehouses and an animal shelter and some of the area was used for agriculture related to the jaiL Dublin Corporate Center (formerly the Koll Dublin Corporate Center) In 1998, the City Council adopted Ordinance 22-98 (Source 26) rezoning approximately 37 acres ofland west of Tassajara Road, south of Dublin Boulevard, east of John Monego Court and north of Interstate 580 to a PD, Planned Development Zoning District and adopting a related Stage 1 and 2 Development Plan ("Development Plan") for the Dublin Corporate Center. As noted above, the Development Plan included: . three, 4-story office buildings totaling 417,855 square feet; · one, 6-story office building totaling 178,849 square feet; · one, 6-story 85,000 square foot hotel; and, · I-story retail buildings totaling 14,000 square feet. Also in 1998, the Planning Commission adopted Resolution 98-51 (Source 33) approving Vesting Tentative Map 7064 to subdivide the 37 acres into 8 lots and Site Development Review for the development of three, 4-story office buildings (Lots 4, 5 and 6). Since 1998, implementing projects including a Bank of America, the Ulferts Center and Phase One of the previously mentioned Dublin Gateway Medical Center have been approved and constructed within the project area (Figure 5). Bank of America (Lot 2 of Tract 7064) In July 2003, the Planning Commission adopted Resolution 03-36 (Source 34) approving a Conditional Use Permit and Site Development Review for the development of a 6,100 square foot Bank of America building and associated drive-thru Automated Teller Machine (ATM) located at 4250 Dublin Boulevard (southwest comer of Dublin Boulevard and Glynnis Rose Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 12 of 62 ~ t~ ti1 Drive). The project was exempted from environmental reVIew as an in-fill development. Construction of the bank was completed in 2004. Ulferts Center (Lots 1 and 3) In August 2004, the Planning Commission adopted Resolution 04-55 (Source 35) approving a minor amendment to the Planned Development Zoning for the Dublin Corporate Center, a Conditional Use Permit and Site Development Review for the development of a two-story, 50,530 square foot commercial center known as the Ulferts Center, located at 4288 Dublin Boulevard (southeast comer of Dublin Boulevard and John Monego Court). The minor amendment to the Planned Development Zoning removed the hotel designation from the Stage 1 and 2 Development Plan and the Conditional Use Permit allowed for outdoor seating areas. The project was exempted from environmental review as an in-fill development. Construction of the Ulferts Center is nearing completion. Dublin Gateway Medical Center (Lot 7) In January 2005, the Planning Commission adopted Resolution 05-06 (Source 29) approving a Conditional Use Permit and Site Development Review for a 178,000 square foot medical office complex for the Dublin Gateway Medical Center on 7.14 acres located at 4000,4050,4084 and 4100 Dublin Boulevard (southwest comer of Dublin Boulevard and Tassajara Road) (Figure 4). The Conditional Use Permit allowed for the following: an indoor recreational facility (the Wellness Center), a reduction in parking, outdoor seating, a massage establishment in conjunction with a gymnasium/health club, and a minor amendment to the Planned Development Zoning to allow massage therapy conducted by a physical therapist to be a permitted (rather than conditional) use. In February 2005, the Community Development Director adopted Resolution 05-01 (Source 36) approving Vesting Tentative Parcel Map 8524 to subdivide Lot 7 of Tract 7064 (Dublin Gateway Medical Center) into 4 parcels. As noted in the Introduction, the Dublin Gateway Medical Center was approved to be developed in two phases as follows: Phase One (4.01 acres): . A 3-story, 62,000 square foot Wellness Center; . A 3-story, 57,700 square foot medical office building; Phase Two (3.13 acres): . A 4-level above ground parking garage; and . A 3-story, 58,000 square foot medical office building. Construction of Phase One was completed in January 2007. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 13 of 62 ;;. ?-1; 1~'6 Figure 5. Dublin Corporate Center, Bank of America, Ulferts Center and Dublin Gateway Medical Center Projects. i i Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 14 of 62 ;} ? 1:; 1'6$ Dublin Gatewav Medical Center Building 3 Hospital and Garage The Dublin Gateway Medical Center Building 3 Hospital and Garage project, the "Project", is a request for an alternative development project for Phase Two of the Dublin Gateway Medical Center project. The proposed alternative development would include replacing the 3-story, 58,000 square foot medical office building with a 6-story, 168,000 square foot, 100-bed hospital (Parcel 3) and replacing the 4-level parking garage with a 5-level parking garage with one level of parking below ground and four levels of parking above ground (Parcel 4) (See Table 1 below). The request for an alternative development project for Phase Two also includes a request that the original approvals for Phase Two remain valid allowing for the development of either Phase Two project depending upon market conditions. Table 1. Phase Two Develo ment Alternatives 4P Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 15 of 62 :< 41;1'" PROJECT LOCATION The Project is located at 4100 and 4084 Dublin Boulevard (Parcels 3 and 4 respectively - See Exhibit 5) within the Eastern Dublin Specific Plan (EDSP) area. The properties have a General Plan and EDSP land use designation of Campus Office and are zoned Planned Development (P A 98-047/04-046). The Project site is 3.13 acres of the larger 7.14 acres which comprises the Dublin Gateway Medical Center. The proposed hospital building would be located on Parcel 3, 1.545 acres at the northwesterly portion of the site (southeast comer of Dublin Boulevard and Glynnis Rose Drive); the 5-level parking garage would be located on Parcel 4, 1.585 acres at the southwesterly portion of the site (northeast comer of Koll Center Drive and Glynnis Rose Drive). These areas are generally flat and currently developed with surface parking and landscaping. Surrounding uses include, North: South: East: West: Dublin Blvd, The Shops at Waterford (commercial shopping center), & Residential Koll Center Drive and Dublin Corporate Center (professional office buildings) Dublin Gateway Medical Center (Phase I medical office buildings) Glynnis Rose Drive, Bank of America & Ulferts Center (commercial buildings) Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 16 of 62 2- 5'0 (~$ PROJECT ApPLICATIONS As stated above, the Project is a request for an alternative development project for Phase Two of the Dublin Gateway Medical Center project to allow for a 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage with one level below ground and four levels above ground. The Project application is P A 06-026, Dublin Gateway Medical Center Building 3 Hospital and Garage project (Source 4). The request includes an option that would allow either the development of a 3-story, 58,000 square foot medical office building and 4-level parking garage per the existing approvals or a 6-story, 168,000 square foot, tOO-bed hospital and 5-level parking garage depending upon market conditions. The required approvals for the Project include a Planned Development (PD) Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review and Development Agreement. Planned Development (PD) Rezone A PD Rezone is required to amend the Stage 1 and 2 Development Plan for the Koll Dublin Corporate Center to allow for the additional square footage proposed for the 168,000 square foot hospital building. The original Development Plan approved a total of 178,000 square feet for the entire Dublin Gateway Medical Center project area; the request is to develop a total 292,000 square feet, an additional 114,000 square feet. The Development Plan would also be amended to reflect the alternative development request. Conditional Use Permit In accordance with the Development Plan for the Koll Dublin Corporate Center, a Conditional Use Permit is required for the hospital use. Site Development Review One of the implementing measures of the Eastern Dublin Specific Plan (EDSP) is the requirement that individual development plans obtain Site Development Review (SDR) approval. The SDR approval is based on design standards, guidelines and mitigations contained in the EDSP and Eastern Dublin EIR and may be augmented by design guidelines which the City has established for the entire Dublin community. The approvals for the Koll Dublin Corporate Center included a conceptual design for the Dublin Gateway Medical Center site which was subsequently superseded by a project specific SDR approval for the Dublin Gateway Medical Center in 2005. Additional SDR approval is necessary for the proposed Project because it modifies the original Dublin Gateway Medical Center SDR approval. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 17 of 62 lht; I~Z Development Agreement Another implementing measure of the Eastern Dublin Specific Plan is the requirement that applicants for development projects enter into Development Agreements with the City. The Development Agreement sets forth the roles that will govern the development project including assurances from the City that it will not change its planning or zoning laws applicable to the development project for a specified period of time. In return, applicants may agree to construct specific improvements, provide public facilities and services, or make other commitments which the City might otherwise have no authority to compel the applicants to perform (EDSP Section 11.3.1). The Development Agreement is a legal document which would, augment the City's standard development regulations; spell out the financial responsibilities of the applicant; ensure the timely provision of public facilities; streamline the development approval process; and, provide terms for reimbursements of funds when an applicant advances funding for specific facilities of community wide or area benefit. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 18 of 62 2c't I~Z LIST OF FIGURES Figure 1 Eastern Dublin Specific Plan Area and Project Site .................................................. Figure 2 Dublin Corporate Center Master Plan......................................... .............. ................. Figure 3 Dublin Gateway Medical Center Site Plan ................................................................ Figure 4 Dublin Gateway Medical Center Building 3 Modification Project Site Plan ............ Figure 5 Dublin Corporate Center, Bank of America, Ulferts Center and Dublin Gateway Medical Center Proj ects ............................................................................................. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 19 of 62 2~"b l~~ INITIAL STUDY This Initial Study has been prepared in accordance with the prOVISIOns of the California Environmental Quality Act (CEQA), the State CEQA Guidelines and the CEQA Guidelines adopted by the City of Dublin. The Initial Study assesses the potential environmental impacts of implementing the Dublin Gateway Medical Center Building 3 Modification project. The Initial Study contains a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. 1. Project title: Dublin Gateway Medical Center, Building 3 Hospital and Garage 2. Lead agency name and address: City of Dublin, 100 Civic Plaza, Dublin, CA 94588 3. Contact person and phone number: Mamie R. Nuccio, Associate Planner, City of Dublin Planning Division (925) 833-6610 4. Project location: 4100 & 4084 Dublin Boulevard, Dublin, CA 94568 5. Assessors Parcel Number(s): 986-0016-021,986-0016-22 6. Project sponsor's name and address: Joseph D. Carroll, Triad Dublin Gateway L.P 8001 Irvine Center Drive, Suite 1000, Irvine, CA 92618 7. General Plan Designation: Campus Office 8. Zoning: PD, Planned Development District (P A 98-047) 9. Specific Plan Designation: Campus Office (Eastern Dublin Specific Plan) 10. Description of project: The Dublin Gateway Medical Center Building 3 Hospital and Garage project is a request to develop a 6-story, 100-bed hospital building and a 5-level parking garage with one level below ground on Parcels 3 and 4, respectively, of Parcel Map 8524. The project area is 3.13 acres in size and is located generally between Dublin Boulevard and Koll Center Drive just east of Glynnis Rose Drive in Dublin, CA. Parcels 3 and 4 are currently developed with surface parking and landscaping but have been previously approved for Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 20 of 62 ZQ15fJ l~ t the construction of a 3-story medical office building and a 4-level on-grade parking garage. The Building 3 Hospital and Garage Project would not supercede the previous approvals but would instead allow for the development of the site with either project depending upon market conditions. 11. Surrounding land uses: The proposed 6-story, 100-bed hospital building would be located on Parcel 3 at the southeast comer of Dublin Boulevard and Glynnis Rose Drive; the proposed 5-level parking garage would be located on Parcel 4 at the northeast comer of Koll Center Drive and Glynnis Rose Drive. Surrounding uses include Dublin Boulevard, The Shops at Waterford (commercial shopping center) and residential to the north; Koll Center Drive and the Dublin Corporate Center (professional offices) to the south; Dublin Gateway Medical Center (Phase I medical office buildings) to the east; and, Glynnis Rose Drive, Bank of America and Ulferts Center (commercial shopping center) to the west. 12. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement.) a) State of California Office of Statewide Health Planning and Development (Building Permits for the Hospital) b) City of Dublin (Grading Permits) c) Dublin San Ramon Services District (Sewer and Water Connections) d) Dublin Police Services (Security Plan) Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages. o Aesthetics o Agriculture Resources o Air Quality o Biological Resources o Cultural Resources o Geology IS oils o Hazards/Hazardous Materials 0 Hydrology/Water Quality o Land Use 1 Planning o Mineral Resources o Noise o Population 1 Housing o Public Services o Recreation o Transportation/Traffic o Utilities 1 Service Systems o Mandatory Findings of Significance Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 21 of 62 30t'ii Environmental Determination On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed proj ect could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed proj ect MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENT AL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Printed name For Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 22 of 62 3t~ t'Z~ Environmental Checklist The source of determination is listed in parenthesis. each potential impact at the end of the checklist. following the checklist. See listing of sources used to determine A full discussion of each item is found I. AESTHETICS - Would the project: a) Have a substantial adverse effect on a scenic vista? (Source: 1,2,3,4,5,6, 7, 13) x b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Source: 1,2,3,6, 7, 13) x c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Source: 1,2,3,4,5,6,7) x d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (Source: 1,2, 3, 4) x II. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Far:mland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (Source: 1, 6, 7, 12) x b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Source: 2, 6, 7, 12) x c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Source: 1,6, 7, 12) x Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 23 of 62 III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Source: 6, 7, 14) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source: 4, 6, 7,14) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Source:4,6, 7,14) d) Expose sensitive receptors to substantial pollutant concentrations? (Source: 1,6, 7, 14) e) Create objectionable odors affecting a substantial number of people? (Source: 4, 6, 7) IV. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Source: 1, 12,21) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Source: 1, 12) c) Have a substantial adverse effect on federally protected wetlands as defmed by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Source: 1, 12) Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 24 of 62 ~2ao \'6~ x x x x x x x x City of Dublin January 2007 d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source: 1, 12) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Source: 1, 2) t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? (Source: 1,2,6, 7) V. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defmed in ~15064.5? (Source: 1, 6, 7, 12) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ~ l5064.5? (Source: 1,6, 7, 8, 12) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Source: 1,6, 7, 12) d) Disturb any human remains, including those interred outside offormal cemeteries? (Source: 1, 12) VI. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Source: 1,6, 7, 10, 12) ii) Strong seismic ground shaking? (Source: 1, 6, 7, 10, 12) Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 25 of 62 ~3~1~'6 x x x x x x x x City of Dublin January 2007 iii) Seismic-related ground failure, including liquefaction? (Source: 1,6, 7, 10, 12) iv) Landslides? (Source: 1,6, 7, 10, 12) b) Result in substantial soil erosion or the loss of topsoil? (Source: 1,6, 7, 10, 12) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (Source: 1,6, 7, 10, 12) d) Be located on expansive soil, as defmed in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Source: 1,6, 7, 10, 12) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (Source: 4) VII. HAZARDS AND HAZARDOUS MATERIALS - Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Source: 2, 6, 7, 8) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Source: 2, 6, 7, 8) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Source: 1,2,6,7,8) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Source: 1,2,6, 7, 15, 16) Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 26 of 62 ~ 4~ \ti x x x x x x x x x x City of Dublin January 2007 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Source: 1, 6, 7) t) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Source: 1,6, 7) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Source: 6, 7) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source: 1,6, 7) VIII. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? (Source: 2) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Source: 2,4) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? (Source: 2, 4, 6, 7) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (Source: 2, 4) Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 27 of 62 ~~.~ l~~ x x x x x x x x City of Dublin January 2007 e) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? (Source: 2, 4) t) Otherwise substantially degrade water quality? (Source: 2, 4) g) Place housing within a lOO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Source: 2,4) h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Source: 2, 4) i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure ofa levee or dam? (Source: 2,4) j) Expose people or structures to a significant risk of loss, injury or death involving inundation by seiche, tsunami, or mudflow? (Source: 2,4) IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? (Source: 1, 6, 7) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1,4,6, 7) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Source: 1,6, 7) X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Source: 1,6, 7) Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 28 of 62 3l.tJ ~ lti t x x x x x x x x x City of Dublin January 2007 b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Source: 1, 6, 7) XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Source: 1,6,7,8,20) b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? (Source: 1,6, 7, 8) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Source: 1, 6, 7, 8) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Source: 1,6, 7, 8,20) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (Source: 1, 6, 7) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Source: 1, 6, 7) XII. POPULATION AND HOUSING- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Source: 1, 2, 6, 7) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Source: 1,4, 6, 7) Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 29 of 62 3711fJ ,t4 x x x x x x x x x City of Dublin January 2007 c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Source: 1,4,6, 7) XIll. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire Protection? (Source: 2) Police Protection? (Source: 2) Schools? (Source: 2) Parks? (Source: 2) Other Public Facilities? (Source: 2) XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Source: 1,4) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source: 1,4) XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Source: 1,4,9, 17, 18, 19) Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 30 of 62 3'6flb I~i x x x x x x x x x City of Dublin January 2007 b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Source:!, 4, 9,17,18,19) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location, which results in substantial safety risks? (Source: 1, 6, 7) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Source: 1,2,4) e) Result in inadequate emergency access? (Source: 1,2,4) f) Result in inadequate parking capacity? (Source: 1,2,4) g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Source: 1,4,6, 7, 8) XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Source: 2) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Source: 2) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Source: 2) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Source: 2) Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 31 of 62 ?/1 ~ tftl x x x x x x x x x x City of Dublin January 2007 e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Source: 2) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Source: 2) g) Comply with federal, state, and local statutes and regulations related to solid waste? (Source: 2) XVII. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that .are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage 32 of 62 4D~ l '$i x x x x x x City of Dublin January 2007 4l~lf' Sources Used to Determine Potential Environmental Impacts Source No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Description Location ofproject. Staff review. Field review. Dublin Gateway Medical Center Project Plans for PA 06-026 prepared by Ware Malcomb, dated received February 26, 2007 by the Planning Division. Dublin Gateway Medical Center Visual Analysis contained within the Project Plans (Source 4) prepared by Ware Malcomb, dated received February 26, 2007 by the Planning Division. City of Dublin General Plan adopted February 11, 1985 and updated September 14,2006. City of Dublin Eastern Dublin Specific Plan (EDSP) adopted January 7, 1994 and updated September 14, 2006. City of Dublin Zoning Ordinance adopted September 2, 1997 and updated November 21,2006. Traffic Analysis conducted by TJKM Transportation Consultants dated December 11, 2006, attached as Appendix 1. Geotechnical Study for the Dublin Gateway Medical Center prepared by URS Corporation dated April 14, 2005. Phase I Environmental Site Assessment for Dublin Boulevard and Tassajara Road prepared by URS Corporation dated November 1, 2004. Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (Eastern Dublin EIR) (SCH No. 91103064). Eastern Dublin Scenic Corridor Policies and Standards, prepared by David L. Gates & Associates dated April 1996. Bay Area Air Quality Management District's, Bay Area 2005 Ozone Strategy dated January 4,2006. http://www.dtsc.ca.gov/ State of California Department of Toxic Substances Control. http://www.swrcb.ca.gov/ State of California Water Resources Control Board. Dublin Ranch West Environmental Impact Report (EIR) (SCH No. 2004112094). Traffic Analysis conducted by TJKM Transportation Consultants dated July 28, 1998. Traffic Analysis conducted by TJKM Transportation Consultants dated November 22, 2004. California Highway Patrol Ambulance Driver's Handbook, revised May 2000. Dublin Gateway Medical Center Pre-Construction Survey prepared by Live Oak Associates, dated July 27,2005. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 33 of 62 Source No. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Y-2~ lti Description Dublin City Council Resolution 51-93 certifying the addendum and the final EIR for the Eastern Dublin General Plan Amendment and Specific Plan, dated May 10, 1993. Dublin City Council Resolution 53-93 adopting the Eastern Dublin General Plan Amendment and Specific Plan, the Statement of Overriding Considerations and the Mitigation Monitoring Program, dated May 10, 1993. August 22, 1994 Addendum to the Eastern Dublin EIR updating plans to provide sewer servIce. Dublin City Council Resolution 123-96 adopting a Mitigated Negative Declaration and Mitigation Monitoring Program for the Santa Rita Property P A 96-020, dated October 15, 1996. Dublin City Council Ordinance 22-98 adopting a Planned Development Zoning District and Stage 1 and 2 Development Plan for the Koll Dublin Corporate Center P A 98-047, dated December 15, 1998. November 10, 1998 Planning Commission Staff Report for the Koll Dublin Corporate Center Development PA 98-047, without attachments. January 25, 2005 Planning Commission Staff Report for the Dublin Gateway Medical Center P A 04-046, without attachments. Dublin Planning Commission Resolution 05-06 approving a Conditional Use Permit and Site Development Review for the Dublin Gateway Medical Center P A 04-046. Not used. Start at the Source Publication Best Management Practices Dublin Planning Commission Resolution 98-51 approving Vesting Tentative Tract Map 7064 and Site Development Review for the Koll Dublin Corporate Center PA 98-047. Dublin Planning Commission Resolution 03-36 approving a Conditional Use Permit and Site Development Review for Bank of America. Dublin Planning Commission Resolution 04-55 approving a Conditional Use Permit and Site Development Review for the Ulferts Center. Dublin Community Development Director Resolution 05-01 approving Vesting Tentative Parcel Map 8524 for the Dublin Gateway Medical Center P A 04-046. Documents, technical studies and plans cited above are hereby incorporated by reference and are available to the public for review during normal business hours at the City of Dublin Community Development Department, Planning Division located at 100 Civic Plaza, Dublin, CA 94568. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 34 of 62 4~ao l~~ EVALUATION OF ENVIRONMENTAL IMPACTS Legend PSI: LS/M: LSI: NI: Potentially Significant Impact Less than Significant with Mitigation Less than Significant Impact No Impact L Aesthetics Phase One of the Dublin Gateway Medical Center project has been recently constructed and includes two, 3-story medical office buildings totaling approximately 120,000 square feet, surface parking, trash enclosures and landscaping. Phase Two of the Dublin Gateway Medical Center (the "Project") would include a 6-story, 100-bed hospital building (rather than the previously approved 3-story medical office building) and a 5-level parking garage (rather than the previously approved 4-level parking garage). The additional level on the parking garage would be provided underground and therefore the overall height and visual massing of the parking garage would not change from what was previously approved. Effects on Visual Resources from urbanization of eastern Dublin were fully analyzed in Section 3.8 as part of the Eastern Dublin General Plan Amendment and Specific Plan EIR ("Eastern Dublin EIR"); mitigation measures were adopted and are applicable to the proposed Project. Proiect Impacts a) Would the project have a substantial adverse effect on a scenic vista? Nl The Project is located at the southeast comer of Dublin Boulevard and Glynnis Rose Drive, approximately 400 feet west of Tassajara Road and approximately 900 feet north of Interstate 580. Tassajara Road, a major, north-south arterial road, and Interstate 580 are designated scenic routes in the Eastern Dublin Scenic Corridor Policies and Standards (Source 13). While Interstate 580 is recognized locally as a scenic route, the California Department of Transportation has not officially designated those portions which pass through Dublin as a State scenic highway. In accordance with Eastern Dublin EIR Mitigation Measure 3.8/1.0, the Proj ect has been reviewed for potential impacts on scenic corridors and a visual analysis has been prepared (Source 5). Based on the results of the visual analysis, the Project would blend well with its surroundings because the area is largely built out. Also, it would not visually impede scenic resources which have been identified in the Eastern Dublin Scenic Corridor Policies and Standards document because the Project is not located within a designated view cone. Therefore, the Project would not have any adverse effects on a scenic vista. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 35 of 62 4L.t~ li;;ct b) Would the project substantially damage scenic resources, including but not limited to, trees, rock outcrop pings, and historic buildings within a state scenic highway? Nl The Project site is currently developed with surface parking and landscaping in conjunction with Phase One of the Dublin Gateway Medical Center and no scenic resources are currently located on the site. Additionally, the Project site is not located within a defined view cone per the Eastern Dublin Scenic Corridor Policies and Standards document (Source 13) and would therefore not obstruct identified scenic resources. Furthermore, as noted above, Interstate 580 has not been designated by the California Department of Transportation as a State scenic highway. As a result, the Project would not substantially damage scenic resources within a state scenic highway. c) Substantially degrade the existing visual character or quality of the site and its surroundings? LSl As mentioned previously, the Project site is currently developed with surface parking and landscaping and is part of Phase One of the Dublin Gateway Medical Center. While the Project would change the existing visual character of the site by replacing existing surface parking and landscaping with a 6-story hospital building and a 5-level parking garage, it would not substantially degrade the visual character or quality of the site but rather be an aesthetic enhancement to the overall surroundings. The change in the visual character of the site would be the construction of three additional stories for a hospital building where previously a 3-story medical office building had been approved; there would be no visual change in the parking garage because the additional level of parking would be constructed below ground. The Project has been designed to be architecturally compatible in colors and materials to the adjacent medical office buildings which were constructed as part of Phase One of the Dublin Gateway Medical Center project. The visual massing of the building has been addressed by, a) introducing 1- and 3-story architectural elements, 2) by articulating the building, and 3) by introducing new landscaping of varying heights along the perimeter of the buildings (Source 4). Additionally, the Project would be located adjacent to existing 3-story buildings which due to their close proximity provide a visual stepping down of the height of the Project. Although the Project would include the tallest building in the immediate vicinity, it would blend well into its surroundings because, a) a 6-story building was originally anticipated and approved as part of the Koll Dublin Corporate Center and was determined to be within the scope of the Eastern Dublin EIR in 1998; b) the proposed hospital building is only 3-stories taller than the previously approved 3-story medical office building; and, c) the Project would be located adjacent to existing 3-story buildings. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 36 of 62 '+S ~ l.z-t d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? LSI. The Project would be located in a developed area where there are existing light sources including street lights, parking lot lights and building lights. Both the hospital building and the parking garage would replace existing parking lot lighting on the Project site and would introduce new sources of lighting both internally and externally. Because the proposed hospital would be operational 24 hours a day, internal light sources during nighttime hours could be highly visible. It is anticipated that internal lighting from most of the patient rooms, labs and offices would be turned off during the late nighttime hours or that blinds would be drawn diffusing the light source so that the entire building would not be fully lit from dusk to dawn. The Office of Statewide Health Planning and Development (OSHPD) is responsible for the review and issuance of building permits for the hospital and would ensure that adequate measures are taken for patient privacy which would further diffuse internal light sources. The parking garage would also be operational 24 hours a day and internal light sources would need to be at a high level to provide for safety and security. Dense landscaping proposed around the perimeter of the parking garage is anticipated to adequately diffuse the light sources from spillover onto adjacent properties. The parking garage would be located internal to the site and would be surrounded by office uses and surface parking which serves these uses. Proposed external lighting for both the hospital building and the parking garage includes low level landscape lighting and wall mounted building lights. All light sources are proposed to be angled downward or adequately shielded so as not to create glare or cause spillover onto adjacent properties. External lighting is not anticipated to be significantly brighter than existing light sources. The exterior of the proposed hospital building is comprised largely of colored glass with pre- caste concrete accents. The glass is proposed to be non-reflective to reduce the possibility of additional glare on surrounding areas. Overall, no significant impacts to Aesthetics are expected to occur as a result ofthis Project. IL Agricultural Resources The Project site is currently developed with surface parking and landscaping as part of Phase One of the Dublin Gateway Medical Center. Prior to the construction of Phase One, the site was vacant. Converting Agricultural Resources to urban development was fully analyzed as part of the Eastern Dublin EIR in Section 3.1 (Source 12). Upon approval of the Eastern Dublin General Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 37 of 62 t-flP fTb It;t Plan Amendment and Specific Plan, the City adopted a statement of overriding considerations for loss of agriculture and open space lands. As noted below, the Project area was not identified as agricultural lands in the Eastern Dublin EIR. Proi ect Impacts a) Would the Project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland) as shown on maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency to non-agricultural use? NI As discussed in the Introduction, the Project site was previously utilized for a federal military base, a hospital and a county jail. The Eastern Dublin EIR (Source 12) shows the Project site as Approximate Urbanized Area on Figure 3.1-B, Agricultural Suitability and as Public/Semi-Public Facility on Figure 3.1-A, Existing Land Use. The Project site was not considered to be locally important farmland and was not part of Williamson Act Agreements. Currently, the Project site is developed with surface parking and landscaping; therefore, the Project would not result in the conversion of farmland to a non-agricultural use as it has not historically been used as farmland. b) Would the Project conflict with existing zoning for agricultural use or a Williamson Act contract? NI The Project is located in a Planned Development Zoning District which allows for C-O, Commercial Office and C-2, General Commercial land uses. As noted above, the Project site is not under a Williamson Act contract. c) Would the Project involve other changes in the existing environment which due to their location or nature could result in conversion of Farmland to non-agricultural use? NI The Project site is located in an urbanized area and does not have the potential to affect conversion of Farmland to non-agricultural uses. Overall, no significant impacts to Agricultural Resources are expected to occur as a result of this Project. IlL Air Quality The City of Dublin is located in the San Francisco Bay Area Air Basin and is currently classified as a non-attainment area under the State standards for PM 10 (fine particulate matter). Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 38 of 62 Lfl~ l~i Proiect Impacts a) Would the Project conflict with or obstruct implementation of the applicable air quality plan? NI The Project would not conflict with or obstruct implementation of the 2005 Bay Area Ozone Strategy adopted by the Bay Area Air Quality Management District (BAAQMD) (Source 14) because the Strategy is based on development under the existing Dublin General Plan and the Project is consistent with the General Plan. b) Would the Project violate any air quality standard or contribute substantially to an existing or projected air quality violation? LSI Construction of the Project could result in exceeding air quality standards due to dust and equipment emissions. Eastern Dublin EIR mitigation measure 3.11/1.0 and the City's standard conditions of project approval require compliance with the City's Construction Impact Reduction Plan. The Plan includes requirements for regular watering during grading activities, no idling of construction equipment not in use, controlling fugitive dust, air quality monitoring as required by the City Engineer and emissions control of on-site equipment. Implementation of this standard condition will ensure that short-term air quality impacts remain less than significant. Based on the traffic analysis conducted by TJKM Transportation Consultants (Source 9), the Proj ect would result in an increase in the number of peak AM vehicle trips over the previously analyzed and approved project; however, the increase is negligible (less than 100 trips) and would not substantially increase operational air emissions. c) Would the Project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? LSI As discussed above, construction activities which could result in impacts to air quality are regulated by standard conditions of project approval and vehicle trips generated from build- out of the Project are considered to be negligible. d) Would the Project expose sensitive receptors to substantial pollutant concentrations? NI The proposed hospital would include sensitive receptors however these sensitive receptors would not be present at the Project site during construction activities; after build-out of the Project, sensitive receptors would not be exposed to substantial pollutant concentrations (i.e. vehicle emissions) as the number of trips generated by the Project would be negligible. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 39 of 62 l{ ~'b [C_ e) Would the Project create objectionable odors affecting a substantial number of people? NI The Project is not expected to create objectionable odors. Overall, no significant impacts to Air Quality are expected to occur as a result of this Project. IV. Biological Resources The Project site is located within an area historically identified as urbanized by the Eastern Dublin EIR (Source 12). Dry farming rotational cropland was identified in the EIR as being in the vicinity of the Project area and was previously used in conjunction with the County jail. Riparian woodlands were also identified in the EIR west of the Project site. No sensitive species were identified on or near the Project site in the EIR however Burrowing Owls were identified as a California Specie of Special Concern and Mitigation Measures were adopted to protect nesting sites during the breeding season to avoid direct loss of individuals. In 2005, prior to commencement of construction for Phase One of the Dublin Gateway Medical Center, the developer purchased burrowing owl conservation credits as mitigation for impacts to burrowing owl habitat. Proiect Impacts a) Would the Project have a substantial adverse effect either directly or through habitat modifications on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department of Fish and Game or Us. Fish and Wildlife Service? NI The Eastern Dublin EIR (Source 12) identified the burrowing owl as California Specie of Special Concern and adopted Mitigation Measures 3.7/20.0 and 3.7/27.0 to reduce impacts to burrowing owls. A pre-construction survey (Source 21) was completed prior to the commencement of construction for Phase One of the Dublin Gateway Medical Center. A pair of non-breeding, burrowing owls was observed on the project site in March 2005 as well as on an adjacent site located northeast of Dublin Boulevard and Tassajara Road. After regular monitoring of the project site over the course of 4 months, no burrowing owls were observed utilizing the burrows on the project site or foraging over the site. To mitigate for the loss of the burrowing owl habitat, the developer purchased burrowing owl conservation credits as authorized by the California Department of Fish and Game. The Project site is currently developed with surface parking and landscaping and no habitats or species currently exist on the site. b) Would the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies and regulations Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 40 of 62 4tt~ If;$ or by the California Department of Fish and Game or U S. Fish and Wildlife Service? Nl The Eastern Dublin EIR (Source 12) did not identify any riparian habitats or other sensitive natural communities on the Project site. The Project site is currently developed with surface parking and landscaping. c) Would the Project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruptions or other means? Nl The Eastern Dublin EIR (Source 12) did not identify any federally protected wetlands on the Project site. The Project site is currently developed with surface parking and landscaping. d) Would the Project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? Nl The Project site is located within an urbanized area and there are no wildlife corridors or nursery sites located on the Project site. As noted above, the Project site is currently developed with surface parking and landscaping. e) Would the Project conflict with any local policies or ordinances protecting biological resources such as a tree preservation policy or ordinance? Nl All trees currently located on the Project site were planted in conjunction with Phase One of the Dublin Gateway Medical Center and are not part of a tree preservation policy nor do they meet the criteria of Heritage Trees as defined in Dublin Municipal Code Chapter 5.60. f) Would the Project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? Nl The Project site is not located within the boundaries of a Habitat Conservation Plan, a Natural Community Conservation Plan or any other habitat conservation plan. Overall, no significant impacts to Biological Resources are expected to occur as a result of this Project. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 41 of 62 SDD:Q r~t Jt: Cultural Resources Section 3.9 of the Eastern Dublin EIR (Source 12) analyzed cultural resources and identified through records research and field surveys prehistoric sites, prehistoric isolate locations, and historic sites; none of the sites identified included the Project site. Mitigation Measures were included in the EIR to address the discovery of unidentified resources; the Project will be required to comply with such Mitigation Measures as well as Chapter 8.48, Archaeological Resources of the Dublin Zoning Ordinance. Proiect Impacts a) Would the Project cause a substantial adverse change in the significance of a historical resource as defined in 915064.5? NI While there are currently no historical resources located on the Project site, the Project is required to comply with Mitigation Measures 3.9/5.0 which requires that all construction activities cease if historic or pre-historic remains are discovered during grading and construction until the significance and extent of those remains can be ascertained be a certified archaeologist. This mitigation measure will be reflected in project conditions of approval. b) Would the Project cause a substantial adverse change in the significance of an archaeological resource pursuant to 915064.5? NI The Project site was recently graded in conjunction with Phase One of the Dublin Gateway Medical Center and is currently developed with surface parking and landscaping; no archaeological resources were discovered during the grading and construction of Phase One. The Project proposes the construction of a 5-level parking garage including one level of underground parking resulting in below grade disturbances. While the Eastern Dublin EIR (Source 12) did not identity any archaeological resources on the Project site, the Project is required to comply with Mitigation Measure 3.9/5.0. c) Would the Project indirectly destroy a unique paleontological resource or site or unique geologic feature? NI Based on the analysis undertaken as part of the Eastern Dublin EIR (Source 12), no unique paleontological resources or geologic features are located on the Project site however the Project is required to comply with Mitigation Measure 3.9/5.0 should any be discovered during grading and construction ofthe Project. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 42 of 62 5l~ 11~ d) Would the Project disturb any human remains, including those interred outside offormal cemeteries? NI Based on the analysis undertaken as part of the Eastern Dublin Specific Plan EIR (Source 12), there is no reasonable expectation that any human remains would be located on the Project site however the Project is required to comply with Mitigation Measure 3.9/5.0 should any be discovered during grading and construction ofthe Project.. Overall, no significant impacts to Cultural Resources are expected to occur as a result of this Project. VI. Geology and Soils The Project site is located in a seismically active region of Northern California. The significant earthquakes that occur in Northern California, specifically within the San Francisco Bay Area, are generally associated with the crustal movement along the well-defined, active fault zones of the San Andreas Fault system which regionally trends in a northwesterly direction. Other fault zones in the vicinity include the Calaveras and Greenville fault zones which are also part of the San Andreas Fault system. Inferred fault traces have also been identified approximately 1.2 miles west of the Project site. The Eastern Dublin EIR (Source 12) analyzed soils, geology and seismicity in Section 3.6 and adopted mitigation measures to address potentially significant impacts. The Project is required to comply with all applicable Mitigation Measures. Development of the Project site was also reviewed in a geotechnical study (Source 10) and is further noted below. Proiect Impacts a) Would the Project expose people or structures to potential substantial adverse effects, including the risk of loss, injury or death related to: 1. Rupture of a known earthquake fault as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologistfor the area or based on other substantial evidence of a known fault? LSI 11. Strong seismic ground shaking? LSI 111. Seismic related ground failure including liquefaction? LSI IV. Landslides? NI The Eastern Dublin EIR (Source 12) analyzed impacts and adopted Mitigation Measures to address impacts related to seismicity (Section 3.6). The Project is required to comply with Mitigation Measures (MM) 3.6/1.0, 3.6/2.0, 3.6/4.0, 3.6/5.0, 3.6/6.0, 3.6/7.0. Accordingly, the project will comply with all applicable building codes, and a geotechnical study was prepared in connection with the 2005 approval of the Dublin Gateway Medical Center. The primary effects of ground shaking could not be mitigated to a less than significant level Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 43 of 62 '52'0 I cg~ therefore a statement of overriding considerations (Source 23) was adopted with the 1993 Eastern Dublin General Plan Amendment and Specific Plan approvals. b) Would the Project result in substantial soil erosion or the loss of topsoil? NI The Project site is flat and is currently developed; the Project will not result in the loss of topsoil or result in erosion. c) Would the Project be located on a geologic unit or soil that is unstable or that would become unstable as a result of the Project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? LSI The Geotechnical Study for the Dublin Gateway Medical Center prepared by URS Corporation (Source 10) evaluated soil conditions and identified a moderate potential for liquefaction during a seismic event; the Study also determined that the potential for lateral spreading was remote. The recommendations set forth in the Geotechnical Study to address liquefaction were included in the 2005 approvals for the Dublin Gateway Medical Center. d) Would the Project be located on expansive soil as defined in Table 18-1-B of the Uniform Building Code (1994) creating substantial risks of life or property? LSI The above noted Geotechnical Study (Source 10) identified expansive soil conditions on the Project site and included recommendations for footing and slab-on-grade construction. These recommendations were included in the 2005 approval for the Dublin Gateway Medical Center. e) Would the Project have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? NI The Project will be connected to a sanitary sewer system provided by the Dublin San Ramon Services District (DSRSD) and therefore septic tanks will not be used. Overall, no significant impacts to Geology and Soils are expected to occur as a result of this Project. Previously identified significant impacts related to seismicity were addressed in a statement of overriding considerations and will be readopted in conjunction with this Negative Declaration. VIL Hazards and Hazardous Materials The Project site has been recently developed with surface parking and landscaping in conjunction with Phase One ofthe Dublin Gateway Medical Center. The Eastern Dublin EIR (Source 12) did not analyze hazards and hazardous materials. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 44 of 62 S ?i't t-$$ Proiect Impacts a) Would the Project create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials? LSl The Project will necessitate the routine transport, use and disposal of hazardous materials. A number of pharmaceuticals and chemicals used by the hospital may be classified as hazardous by state and federal agencies. The hospital may also utilize x-ray and radiation equipment that generates hazardous byproducts. Also, waste generated by medical procedures such as gloves, bandages, needles, etc can be classified as bio-hazardous waste which requires special handling and disposal. The hospital will be licensed by the State of California and must comply with strict regulations for the handling, storage and disposal of hazardous materials. b) Would the Project create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? LSl The potential for the release of hazardous materials into the environment would be minimal because the hospital is required to comply with all State and Federal regulations for the handling of hazardous materials. c) Would the Project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one quarter mile of an existing or proposed school? Nl The Project site is not located within 14 mile of an existing or proposed school. d) Would the Project be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and as a result would it create a significant hazard to the public or the environment? Nl Pursuant to Government Code Section 65962.5, the Project site is not located on a hazardous waste and substance site. According to the State of California Department of Toxic Substances Control EnviroStor database (Source 15) the Project site is not a designated clean- up site and according to the State of California Water Resources Control Board GeoTracker database (Source 16) no leaking underground fuel tanks (LUFT) or underground storage tanks (UST) are located on the Project site. e) For a project located within a airport land use plan or where such a plan has not been adopted within two miles of a public airport or public use airport, would the Project result in a safety hazardfor people residing or working in the Project area? Nl Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 45 of 62 => !fan I ,;' The Project site is not located within an airport land use plan and is not within 2 miles of a public airport or public use airport. f) For a project within the vicinity of a private airstrip, would the Project result in a safety hazardfor people residing or working in the Project area? NI The Project site is not located within the vicinity of a private airstrip. g) Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? NI Adequate emergency access will be provided throughout the Project site; emergency access to the Project site can currently be obtained through existing streets. h) Would the Project expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? NI The Project site is located in an urbanized area which is currently served by existing fire stations. Overall, no significant impacts to Hazards and Hazardous Materials are expected to occur as a result of this Project. VIIL Hydrology and Water Quality The Project site is relatively flat. The Federal Emergency Management Agency (FEMA) has determined that the property is located outside of a special flood hazard area (Map revision date November 1, 2002). The Eastern Dublin EIR (Source 12) fully analyzed water and storm drainage impacts in Section 3.5 and the May 3, 1993 addendum and included Mitigation Measures for each category. The Project is required to comply with all applicable Mitigation Measures. Proiect Impacts a) Would the Project violate any water quality standards or waste discharge requirements? NI The Dublin San Ramon Services District (DSRSD) is the water and wastewater treatment provider for the Project site. The Project is required to comply with all Dublin San Ramon Services District (DSRSD) procedures, plans, policies and standards for all water and wastewater facilities. Additionally, a wastewater discharge permit is required to be obtained from DSRSD prior to the issuance of any construction related permits for the Project. The Initial Study . Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 46 of 62 5~i~ purpose of the permit is to ensure that the Project complies with all wastewater standards and discharge requirements. b) Would the Project substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level? NI The water supply for the Project site will be provided by the Dublin San Ramon Services District (DSRSD); the Project site is currently connected to DSRSD's water distribution system therefore the drilling of wells to obtain water supplies will not be necessary. As a result, the Project is not expected to deplete groundwater supplies. Because the Project site is currently developed with surface parking and landscaping (an impervious surface), construction of the Project would not create any additional impacts to groundwater recharge. c) Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in substantial erosion or siltation on- or off-site? NI The Project site is currently developed with surface parking and landscaping. Minor alterations to the existing drainage patterns would be necessary to accommodate the new structures proposed; however, new storm drain lines and inlets would be constructed to facilitate the collection of water resulting from the altered drainage patterns consistent with the City's adopted master drainage plan. These modifications are not expected to result in substantial erosion or siltation on- or off-site. d) Would the Project substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? NI As noted above, the Project site is currently developed with surface parking and landscaping and while the Proj ect would require minor alterations to existing drainage patterns and facilities, it would not result in flooding on- or off-site. The grading of the site and the construction of storm drain inlets and lines consistent with the City's drainage master plan and improvement standards will adequately direct and collect surface runoff. e) Would the Project create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff! NI The Project is located within the Alameda Creek watershed which drains to the San Francisco Bay. The Project is also located within the jurisdiction of the Alameda County Flood Control Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 47 of 62 5l.a ~ [~'l and Water Conservation District, Zone 7. Zone 7 is responsible for channel and culvert storm drainage and the City of Dublin is responsible for local storm drains that drain to Zone 7 channels and culverts. The Project will not significantly increase runoff water as the site is already developed with surface parking and landscaping. Existing storm water drainage systems are adequate to accommodate the levels of runoff water from the Project. The Project is required to comply with the terms and conditions of the Alameda Countywide National Pollution Discharges Elimination Permit (NDPES) including designing and operating the site in a manner consistent with the Start at the Source publication (Source 31) and according to Best Management Practices (Source 32) to minimize storm water pollution. All trash dumpsters and/or compactors are required to have roofs to prevent contaminants from washing into the storm drain system. Additionally, the developer of the Project will be required to enter into an agreement with the City of Dublin to guarantee the perpetual maintenance obligation of all storm water treatment measures installed as part of the Project. Furthermore, the Project is required to have all roof drains drain across bioswales or into bio- filters prior to entering the storm drainage system. f) Would the Project otherwise substantially degrade water quality? NI The Project is not expected to substantially degrade water quality. g) Would the Project place housing within a 1 OO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? NI The Project site is not located within a 100-year flood hazard area and does not include housing. h) Would the Project place within a 100-year flood hazard area structures which would impede or redirect flood flows? NI As noted above, the Project site is not located within a tOO-year flood hazard area. i) Would the Project expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? NI The Project site is not located near an existing levee or dam. j) Would the Project expose people or structures to a significant risk of loss, injury or death involving inundation by seiche, tsunami, or mudflow? NI Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 48 of 62 5ian Itr1 A seiche is the tide-like rise and drop of water in a closed body of water caused by earthquake-induced seismic shaking or strong winds. A tsunami is a series of large waves generated by a strong offshore earthquake or volcanic eruption. There are no large bodies of water on or within the vicinity of the Project site therefore there are no seiche hazards. Given the distance of the Project site from the San Francisco Bay and the Pacific Ocean, tsunami waves would not be a threat to the site either. The Project site is flat and does not have any steep slopes or hillsides that would be susceptible to mudflows or landslides. IX Land Use and Planning The Project site is located in a rapidly urbanizing area. According to the Eastern Dublin EIR (Source 12), the Project site was considered urbanized due to the former use as a military base and county jail. All off-site infrastructure improvements to serve the site are currently in place. The Project will intensify the existing property in that it includes the construction of a 6-story hospital building on existing surface parking and landscaping; however, the site is currently entitled for the construction of a 3-story medical office building. The Project complies with the goals, policies and standards adopted in the Dublin General Plan (Source 6) and Eastern Dublin Specific Plan (Source 7). Project Impacts a) Would the Project physically divide an established community? NI The Project site is developed with surface parking and landscaping, is located on an existing parcel, and is accessed by existing roads (Dublin Boulevard, Tassajara Road, Koll Center Drive and Glynnis Rose Drive). b) Would the Project conflict with any applicable land use plan, policy or regulation of an agency with jurisdiction over the Project adopted for the purpose of avoiding or mitigating an environmental effect? NI The Project site has a General Plan and Specific Plan land use designation of Campus Office. The site is located in a PD, Planned Development Zoning District with underlying C-O, Commercial Office and C-2, General Commercial land uses and development regulations adopted through the Stage 1 and 2 Development Plan for the Koll Dublin Corporate Center. The proposed hospital is a conditionally permitted use and the proposed parking garage is a permitted use. c) Would the Project conflict with any applicable habitat conservation plan or natural community conservation plan? NI A habitat or natural community conservation plan has not been adopted for this area and therefore development on the Project site would not impact an established plan. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 49 of 62 61:>lJ.b l~t Overall, no significant impacts to Land Use and Planning are expected to occur as a result of this Project. X Mineral Resources The Project site contains no known mineral resources and there is no evidence that mining activities occurred in the past. Proi ect Impacts a) Would the Project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? NI There are no known mineral resources located on the Proj ect site. b) Would the Project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? NI Neither the Dublin General Plan (Source 6) nor the Eastern Dublin Specific Plan (Source 7) identifies any known mineral resources on the Project site. Overall, no significant impacts to Mineral Resources are expected to occur as a result of this Project. XI. Noise Noise generating sources which could impact the Project site or are generated by the Project include, construction noise; noise generated by vehicles on Dublin Boulevard, Tassajara Road and Interstate 580; and, ambulance sirens en route to and arriving at the proposed emergency room. Proiect Impacts a) Would the Project result in the exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? LSI The City of Dublin General Plan (Source 6) identifies traffic noise and potential light rail noise as the only major noise sources in Dublin's planning area; the General Plan further states that for noise issues within the Eastern Extended Planning Area, of which the Project is Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 50 of 62 5'1~ l~t> a part, the specific plan for the area should be consulted. The Eastern Dublin Specific Plan (Source 7) identifies Interstate 580 as the major noise source in eastern Dublin and requires compliance with the City's Noise Element and Title 24 ofthe California Administrative Code (now the California Code of Regulations). Chapter 9.0 of the Dublin General Plan is the City's Noise Element. Table 9.1 of the Dublin General Plan sets forth the acceptable noise levels for a variety of land uses including residential, offices and retail commercial. Although hospitals are not included in this list, they are considered sensitive receptors to noise similar to residential, schools, churches and nursing homes; the City's Noise Element has established a normally acceptable noise exposure range of 60-70db for such sensitive receptors. This is consistent with guidelines previously published by the State of California Governor's Office of Planning and Research (OPR) which indicated that noise levels up to 70db are normally acceptable for hospitals. The four sources of noise that are expected to be generated by the Project are as follows: . Construction Noise: Construction activities would cause intermittent and short term increases in noise levels which could impact existing residences located approximately 200-feet north of the Project site. Eastern Dublin EIR Mitigation Measure 3.10/4.0 requires the submission of a Construction Noise Management Program to minimize construction noise impacts. The City's standard conditions of project approval require that specific measures be taken to reduce construction impacts. As a result, construction noise would be a less than significant impact. . Traffic Noise: Traffic noise has been identified as having no significant additional impact because the Project would not generate more trips than the previously approved and analyzed medical office building. Although existing residences are located approximately 200-feet north of the Project site, a noise barrier already separates the residences from Dublin Boulevard as required by Eastern Dublin EIR Mitigation Measure 3.10/2.0. Furthermore, in compliance with Eastern Dublin EIR Mitigation Measure 3.1017.0, the Project will be assessed a noise mitigation fee to pay for on- and off-site noise mitigations. . Ambulance Sirens: The Project will result in adding a new source of on- and off-site noise with the introduction of ambulance sirens en route to and arriving at the proposed emergency room. While ambulance sirens currently exist throughout the community, the Project would create a new destination for emergency services. Some ambulance trips previously routed to Valley Memorial Hospital in Livermore and San Ramon Regional Medical Center in San Ramon would be diverted to the Project site. The main routes of travel for an ambulance arriving at the Project site expected to be Dublin Boulevard, Tassajara Road and Interstate 580 however many factors such as road conditions, traffic congestion, and time of day also playa role in determining the travel routes. Ambulances and their operations (i.e. use of sirens, travel routes) are regulated by the California Highway Patrol; according to the Ambulance Driver Handbook published by the Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 51 of 62 ~O'1J Department of Motor Vehicles (Source 20), Code 3 operations, which is a term used to describe the use of red warning lamps and siren in response to an emergency call, are only to be used when initially responding to an emergency call or when speed in obtaining emergency medical care appears essential to save a life, prevent undue suffering, or to reduce or prevent disability. The handbook further states that the use of sirens shall be restricted to situations where they are most effective. Dublin Boulevard, Tassajara Road and Interstate 580 are all existing noise sources; with the existing noise levels and the Code 3 limitations on sire use, no significant noise impact from ambulance sirens is expected. b) Would the Project result in the exposure of persons to or generation of excessive groundbourne vibration or groundbourne noise levels? NI No impacts are anticipated for groundboume vibration or noise, since no sources of vibration currently exist within or adjacent to the Project, such as heavy industrial facilities or railroads. The project uses would not generate groundborne vibration c) Would the Project result in a substantial permanent increase in ambient noise levels in the Project vicinity above levels existing without the Project? NI The Project is not expected to generate substantial, permanent increases in surrounding noise levels. Surrounding noise levels are high as the Project is in a developed area near existing high volume roadways and a freeway. Construction noise would be temporary and ambulance sirens would be periodic, not permanent. d) Would the Project result in a substantial temporary or periodic increase in ambient noise levels in the Project vicinity above levels existing without the Project? LSI As noted above, construction activities would result in temporary increases in noise levels in the immediate Project vicinity but would be managed through a Construction Noise Management Program consistent with Eastern Dublin EIR Mitigation Measure 3.10/4.0 and the City's standard conditions of project approval. After construction of the Project, the introduction of ambulance sirens en route to and arriving at the Project site would result in periodic increases in noise levels; ambulance operations are regulated by the California Highway Patrol and are not expected to be a significant noise source. e) For a project located within an airport land use plan or where such plan has not been adopted within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels? NI The Project is not located within an airport land use plan or within two miles of a public airport or public use airport. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 52 of 62 It,\t (<6~ f) For a project within the vicinity of a private airstrip, would the Project expose people residing or working in the Project area to excessive noise levels? NI The Project is not located within the vicinity of a private airstrip. Overall, no significant impacts to Noise are expected to occur as a result ofthis Project. XIL Population and Housing The City's total population as of January 1, 2006 was estimated by the State of California Department of Finance to be 41,907. Proiect Impacts a) Would the Project induce substantial population growth in an area, either directly (for example by proposing new homes and businesses) or indirectly (for example through extension of roads or other infrastructure)? NI The increase in square footage for the Project above what was previously approved for a medical office building is consistent with the Floor Area Ratio established by the Dublin General Plan and the Eastern Dublin Specific Plan and assumed in the Eastern Dublin EIR. Additionally, the Project is a hospital use and therefore would not significantly increase the population in the area. b) Would the Project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? NI The Project site is currently developed with surface parking and landscaping and no housing units are present on the site. c) Would the Project displace substantial numbers of people necessitating the construction of replacement housing elsewhere? NI The Project site is currently developed with surface parking and landscaping and no housing units are present on the site. Overall, no significant impacts to Population and Housing are expected to occur as a result of this Project. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 53 of 62 to~~llji XIlL Public Services Fire Protection: The City of Dublin contracts with the Alameda County Fire Department to provide fire protection services including fire suppression, fire prevention, education, inspection services and hazardous material control to the community. Police Protection: The City of Dublin contracts with the Alameda County Sheriffs Department to provide 24-hour security patrols throughout the community in addition to crime prevention, crime suppression and traffic safety. Schools: The Dublin Unified School District (DUSD) provides educational services to residents in the City of Dublin. Parks: The City of Dublin Parks and Community Services Department develops and implements quality programs that strengthen the community's image, provide recreational experiences, encourage healthy lifestyles and preserve the City's heritage. Other Public Facilities: Maintenance - Maintenance of public streets, roads and other governmental facilities are the responsibility ofthe City of Dublin Public Works Department. Solid Waste Services - Solid waste services are provided by Amador Valley Industries. Proiect Impacts a) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? LSI The Alameda County Fire Department/Dublin Fire Prevention would provide fire services to the Project site. Fire Station 17 is located approximately 1.6 miles north of the Project site on Madigan Road and Fire Station 18 is located approximately 1.7 miles northeast of the Project site on Fallon Road. These existing fire stations are adequate to provide fire services to the Project site. Police protection? LSI The Alameda County Sheriffs Department/Dublin Police Services would provide law enforcement services to the Project site. The Project site is located on the southeast edge of Beat 73 which is an established service area. The Project could generate an increase in calls for service but would not reduce existing service levels. Additionally, the Project is required to comply with the City's Non- Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 54 of 62 f.r;31J I Residential Security Ordinance to ensure that any impacts are less than significant. Schools? NI The Project would not significantly increase the demand for schools in the area. Parks? NI The Project would not contribute to the demand on existing parks nor require the dedication of additional parkland as no new residential units are proposed. The project is required to pay Public Facilities Fees upon issuance of a building permit, which addresses park demand, among other things. Other Public Facilities - Maintenance? LSI The Project would increase the long- term maintenance demand for roads. However, the additional demands will be offset through the collection of City impact fees and property tax revenues. Other Public Facilities - Solid Waste Services? LSI The Project would increase generation of solid waste during construction and during the life of the building. A condition of project approval requires that a Waste Management Plan be submitted to the City throughout the construction phase of the Project to ensure appropriate measures are taken to recycle construction materials. Additionally, the Projectwill be required to provide adequate garbage and recycling facilities on-site. Overall, no significant impacts to Public Services are expected to occur as a result of this Project. XlV. Recreation Nearby community and recreational facilities include, Emerald Glen Park and Bray Commons Park. Proiect Impacts a) Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? NI The Project does not include the construction of residential units; therefore, no impacts to neighborhood or regional parks or recreational facilities are expected. The Project is required to pay Public Facilities Fees upon issuance of a building permit, which addresses park demand, among other things. b) Does the Project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? NI Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 55 of 62 b4-'b l-e~ The Project does not include any recreational facilities and would not require the construction or expansion of existing recreational facilities. Overall, no significant impacts to Recreation are expected to occur as a result of this Project. XV:: Transportation/Traffic The Eastern Dublin EIR (Source 12) Section 3.3 analyzed trip generation rates which included development of the Project site with office uses. The Eastern Dublin EIR identified unavoidable significant impacts to the Interstate 580 and Interstate 680 freeways, the Santa Rita/I-580 ramps and intersections along Dublin Boulevard. The City adopted in a Statement of Overriding Considerations with the 1993 Eastern Dublin approvals. The Eastern Dublin EIR identified impacts at the Dublin/Dougherty intersection but also identified mitigation measures to reduce them to less than significant. Since certification of the Eastern Dublin EIR, traffic studies and certified EIR's have determined that even with mitigation, this intersection will not operate at acceptable levels under cumulative buildout scenarios. Most recently, the 2005 certified Dublin Ranch West EIR (Source 17) identified cumulative traffic impacts at this intersection as significant and unavoidable. The cumulative analysis in the 2005 Dublin Ranch West EIR included the built portion of the Dublin Gateway Medical Center project and buildout ofthe current Project site. A traffic analysis prepared by TJKM Transportation Consultants dated July 28, 1998 for the Koll Dublin Corporate Center (Source 18) analyzed trip generation for 590,000 square feet of office of which 178,000 square feet is the Dublin Gateway Medical Center site. The City's Traffic Engineer reviewed a Traffic Analysis prepared by TJKM Transportation Consultants dated November 22, 2004 (Source 19) which evaluated trip generation rates for a change in land use on the Dublin Gateway Medical Center site from 178,000 square feet of office to 115,700 square feet of medical office and 62,300 square feet for a wellness center/indoor recreational facility. A second Traffic Analysis prepared by TJKM Transportation Consultants dated December 11, 2006 (Source 9) was reviewed by the City's Traffic Engineer to evaluate a change in land use from 58,000 square feet of medical office to a 100 bed hospital. The analysis showed the hospital would have a negligible increase in trips compared to the approved medical offices. Existing Transportation Network The Project site is served by two regional freeways and a number oflocal roadways including: Interstate 580 - An eight lane east-west freeway that connects Dublin with the San Joaquin Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 56 of 62 ta5'b t ~~ Valley to the east and the San Francisco Bay Area to the west. Interstate 580 is located south ofthe Project site. Interstate 680 - An eight lane north-south freeway that connects Dublin with central Contra Costa County and Sacramento to the north and Pleasanton, Fremont and Santa Clara County to the south. Dublin Boulevard - A six lane, east-west Arterial Street that extends from the City Limits in the west and currently terminates at Lockhart Street in the east. In the future, Dublin Boulevard will be extended farther east ultimately connecting with Fallon Road. Dublin Boulevard is located north ofthe Project site. Dougherty Road - A two to four lane, north-south Arterial Street that extends from Interstate 580 north to the Alameda/Contra Costa County line. Hacienda Drive - A four to six lane, north-south Arterial Street that extends from Interstate 580 north and terminates at Gleason Drive. Tassajara Road - A six lane, north-south Arterial Street that extends from the southern City limits at Interstate 580 to the northern City limits and Alameda/Contra Costa County line. Tassajara Road is located east of the Project site. Glynnis Rose Drive - A two lane, north south Class II Collector Street that primarily serves the Project site as well as adjacent professional office and retail buildings. Glynnis Rose Drive is located west ofthe Project site. Koll Center Drive - A two lane, east-west Class II Collector Street that primarily serves the adjacent medical and professional offices. Koll Center Drive is located directly south of the Project site. Proiect Impacts a) Would the Project cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system? LSI The City's Traffic Engineer has reviewed the Traffic Analysis prepared by TJKM Transportation Consultants (Source 9) which determined that the Project would generate 22 more AM. peak hour trips and 21 less P.M. peak hour trips than the previously approved 58,000 square foot medical office building. According to Institute of Traffic Engineers and San Diego Association of Governments, the estimated weekday trip generation rate for a hospital is 12 trips per bed and the estimated weekday trip generation rate for medical office is 34 trips per 1,000 square feet. Because the expected trip generation is negligible and would not generate more than 100 additional trips during the AM. or P.M. peak hours, the Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 57 of 62 (p~~ It'l increase in traffic during the AM. peak hours would have a less than significant impact. b) Would the Project exceed, either individually or cumulatively, a level of service (LOS) standard established by the county congestion management agency (CMA) for designated roads or highways? LSl Although the Project would generate less than 100 additional trips during the AM or PM peak hours and would not substantially impact the adjacent roadway systems, it would contribute to cumulative buildout impacts from development in eastern Dublin on Interstate 580, Santa Rita Road/Interstate 580 ramps, and the Dublin Boulevard/Dougherty Road intersection. Impacts on the freeway and the Santa Rita ramps were identified as significant and unavoidable in the Eastern Dublin EIR. The Dublin Ranch West EIR identified cumulative impacts at the Dublin/Dougherty intersection as significant and unavoidable. Both the Eastern Dublin EIR and Dublin Ranch West EIR assumed development of the Project site in their cumulative buildout analyses. There are no significant impacts beyond those identified in the previous EIR's. c) Would the Project result in a change in air traffic patterns, including an increase in traffic levels or a change in location, which results in substantial safety risks? Nl The Project would have no impact on air traffic patterns. Although some hospitals include on-site helicopter pads, the Project does not propose to have a helicopter pad nor does it propose to utilize any helicopter operations. d) Would the Project substantially increase hazards due to a design feature or incompatible uses? Nl The Project is compatible with adjacent medical and professional office uses and has been designed to provide safe and integrated internal circulations systems for both pedestrians and motorists. Existing access roads leading to the project would not be altered and currently provide for safe ingress and egress to the Project site. e) Would the Project result in inadequate emergency access? Nl The Project has been reviewed for emergency access by the City's Fire Prevention Bureau and Dublin Police Services. The provisions for emergency access are reflected in the conditions of project approval to ensure that adequate emergency vehicle access is maintained during construction and that Emergency Vehicle Access Easements (EV AE) are recorded to ensure adequate emergency vehicle access throughout the life of the Project. The parking garage is not proposed to be gated and therefore allows for adequate emergency access. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 58 of 62 &; 1'1J r~i j) Would the Project result in inadequate parking capacity? NI According to Chapter 8.76 ofthe Dublin Zoning Ordinance, hospitals are required to provide one parking space for every 3 beds, 1 parking space for every doctor and 1 parking space for every 3 employees on the largest shift. The Project has been reviewed for compliance with the Dublin Zoning Ordinance and adequate parking will be provided. g) Would the Project conflict with adopted policies, plans or programs supporting alternative transportation? NI The Proj ect has been designed to accommodate both pedestrians and bicyclists. Overall, no significant impacts to Transportation/Traffic are expected to occur as a result of this Project. XVI. Utilities and Service Systems The Project is consistent with the General Plan, Eastern Dublin Specific Plan and Planned Development Zoning designations for land use and density regulations. The Project site is served by the following service providers: Water and Wastewater Services: Dublin San Ramon Services District (DSRSD), Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7), and Livermore- Amador Valley Water Management Agency (LA VWMA). Regional water supply and distribution: Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7). Storm Drainage: City of Dublin/Alameda County Flood Control and Water Conservation District, Zone 7 (Zone 7). Solid Waste Disposal: Amador Valley Industries (A VI). Proiect Impacts a) Would the Project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board (RWQCB)? NI The Project is part of the water and wastewater service area served by the Dublin San Ramon Services District (DSRSD). The current design capacity for treated wastewater handled by DSRSD is 41.2 (mgd). Wastewater generated by the Project would be treated at the wastewater treatment plant in Pleasanton and conveyed via a 16 mile pipeline from Pleasanton to San Leandro, entering the East Bay Dischargers Authority (EBDA) system for Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 59 of 62 ~'jd:f> '~1 dechlorination and discharge through a deepwater outfall to the San Francisco Bay. The increased flow from the Project was anticipated in the DSRSD master plan, is expected to be minor and would not exceed wastewater treatment requirements of the San Francisco Bay Regional Water Quality Control Board. b) Would the Project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities the construction of which could cause significant environmental effects? Nl The Project is located in an urbanized area that contains existing water and wastewater infrastructure. Wastewater generated by the Project would be treated at an existing DSRSD wastewater treatment plant in the City of Pleasanton. The Project would not require the construction of new water or wastewater treatment facilities or the expansion of existing facilities because there is adequate capacity to serve the Project. c) Would the Project require or result in the construction of new storm water drainage facilities or expansion of existing facilities the construction of which would cause significant environmental effects? Nl The Project would be served by existing storm water drainage facilities which currently have the capacity to accommodate the Project. Therefore, the Project would not require the construction of new facilities or the expansion of existing facilities. d) Would the Project have sufficient water supplies available to serve the Project from existing entitlements and resources or are new or expanded entitlements needed? Nl The Project will be served by existing water supplies for domestic and irrigation purposes and can be accommodated by DSRSD and Zone 7. Development of the Project site is assumed in DSRSD and Zone 7 water supply plans. Therefore, no new or expanded entitlements are expected as a result of the Project. e) Would the Project result in a determination by the wastewater treatment provider which serves or may serve the Project that it has adequate capacity to serve the Project's projected demand in addition to the provider's existing commitments? Nl The Project has been reviewed by DSRSD, the wastewater treatment provider, and there is adequate capacity to serve the Project's demands in addition to existing commitments. f) Would the Project be served by a landfill with sufficient permitted capacity to accommodate the Project's solid waste disposal needs? Nl The City Dublin is a member agency of the Alameda County Waste Management Authority who is responsible for developing the Alameda County Integrated Waste Management Plan Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 60 of 62 eocz?; 1~f1 for the development of solid waste facilities. Solid waste management and disposal within the City of Dublin is provided by Amador Valley Industries (A VI). Solid waste is transported directly to the Altamont Landfill which is a Class II facility that is permitted to accept lip to 11,150 tons of solid waste per day. The Altamont Landfill has a remaining capacity of approximately 7 million tons. While the Project would generate an increase in the amount of solid waste, the Altamont Landfill has sufficient capacity to accommodate the Project's solid waste disposal needs. Additionally, a condition of project approval requires that a Waste Management Plan be submitted to the City throughout the construction phase of the Project to ensure appropriate measures are taken to recycle construction materials. g) Would the Project comply with federal, state and local statutes and regulations related to solid waste? NI The City of Dublin and the City's solid waste provider, Amador Valley Industries, would ensure that the Project adheres to all federal, state and local solid waste regulations during construction and throughout the life of the Project. Some of the waste generated by the Proj ect would be medical waste that cannot be disposed of in a conventional solid waste facility. This material must be collected, stored, transported and disposed of separately and taken to a disposal facility licensed to handle this class of waste. The State of California Office of Statewide Health Planning and Development and the Alameda County Environmental Health Department will oversee the disposal of medical waste. Overall, no significant impacts to Utilities and Service Systems are expected to occur as a result of this Project. XVIL Mandatory Findings of Significance a) Does the Project have the potential to degrade the quality of the environment, substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare of endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? NI. The analysis contained within this Initial Study indicates that the Project will not have a significant adverse impact on the environment, including biological, cultural and historical resources. Adherence to all appropriate Mitigation Measures adopted as part of the Eastern Dublin Specific Plan EIR are adequate to reduce any potentially significant environmental effects to a less than significant level. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 61 of 62 lD"6 J b) Does the Project have impacts that are individually limited, but cumulatively considerable? NI Although the Project would not significantly increase traffic generation, cumulatively it would contribute to previously identified traffic impacts which were deemed significant and unavoidable in the Eastern Dublin Specific Plan EIR and the Dublin Ranch West EIR. No new significant cumulative environmental impacts are expected to occur as a result of this Project. c) Does the Project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? NI As discussed throughout the Initial Study, no significant impacts on human beings are expected to occur as a result of the Project. Initial Study Dublin Gateway Medical Center, Building 3 Hospital and Garage City of Dublin January 2007 62 of 62 71~ ,~~. EXHIBIT B STATEMENT OF OVERRIDING CONSIDERATIONS 1. GENERAL. The Project is within the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin GPAlSP") planning area which was the subject of the Eastern Dublin EIR, certified by Resolution 53-93 on May 10, 1993. The EIR analyzed the potential effects of future urban development planned for a largely undeveloped area east of the then-existing City. Numerous environmental impacts were identified and numerous mitigation measures adopted upon approval of the Eastern Dublin GP AlSP. The City Council carefully considered each impact in its decision to approve urbanization of Eastern Dublin through approval of the Eastern Dublin GPAlSP project. For identified impacts that could not be mitigated to a less than significant level, the Dublin City Council adopted a Statement of Overriding Considerations. The Dublin City Council later approved land use applications for the Koll Dublin Corporate Center which includes the Dublin Gateway Medical Center site. The City Council is currently considering the Dublin Gateway Medical Center Building 3 Hospital and Garage project which is Phase Two of the Dublin Gateway Medical Center. The project includes the development of a 100-bed hospital and 5-level parking garage and is generally consistent with prior approvals. The project area consists of approximately 3.13 acres of the larger 7.14 acre Dublin Gateway Medical Center site. The proposed project includes an amendment to the Stage 1 and 2 Development Plan for Planned Development Zoning District, P A 98-047 to increase the development potential on the 7.14 acre site from 178,000 square feet to 292,000 square feet. All previously adopted mitigation measures as part of the Eastern Dublin GP AlSP continue to apply to any future development as applicable, including the Dublin Gateway Medical Center Building 3 Hospital and Garage project. While the Eastern Dublin EIR evaluated traffic impacts throughout the plan area, it concluded that cumulative traffic impacts at the Dublin/Dougherty intersection could be mitigated to a less than significant level. Later environmental reviews, including the Dublin Ranch West EIR, certified by City Council Resolution 42-05 on March 15, 2005, identified cumulative traffic impacts at the Dublin/Dougherty intersection as being significant and unavoidable. The Dublin City Council adopted a Statement of Overriding Considerations for this impact. Pursuant to a 2002 California Court of Appeals decision, the City Council hereby adopts specific overriding considerations for the Dublin Gateway Medical Center Building 3 Hospital and Garage project.1 The City Council believes that many of the unavoidable environmental effects identified in the Eastern Dublin EIR and Dublin Ranch West EIR that are applicable to the project site will be substantially lessened by mitigation measures adopted with the original approval and the related Conditions of Approval to be implemented with the development of the project. Even with mitigation, the City Council recognizes that the implementation of the project carries with it unavoidable adverse environmental effects as identified in the Eastern Dublin EIR and Dublin Ranch West EIR. The City Council specifically finds that to the extent that the identified adverse or potentially adverse impacts for the project have not been mitigated to acceptable levels, there are 1 "... public officials must still go on the record and explain specifically why they are approving the later project despite its significant unavoidable impacts." (emphasis original.) Communities for a Better Environment v. California Resources Agency_(2002)103 Cal.App. 4th 98, 125. 10f3 Exhibit B 7~1~.e specific economic, social, environmental, land use, and other considerations that support approval of the project. 2. UNAVOIDABLE SIGNIFICANT ADVERSE IMPACTS. The following unavoidable, significant environmental impact(s) identified in the Eastern Dublin EIR and Dublin Ranch West EIR for future development of Eastern Dublin apply to the Dublin Gateway Medical Center Building 3 Hospital and Garage project. The impact(s) cannot be fully mitigated by changes or alterations to the proj ect. Traffic and Circulation Impacts 3.3/B, 3.3/E. 1-580 Freeway, Cumulative Freeway Impacts: While city street and interchange impacts can be mitigated through planned improvements, transportation demand management, the 1-580 Smart Corridor program and other similar measures, mainline freeway impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin EIR. Future development on the Dublin Gateway Medical Center site will generate less traffic than anticipated in the Eastern Dublin EIR, but will still incrementally contribute to the unavoidable freeway impacts. Traffic and Circulation Impacts 3.3/L 3.3/M Santa Rita Road/I-580 Ramps, Cumulative Dublin Boulevard Impacts: The Dublin Gateway Medical Center Building 3 Hospital and Garage project will be required to implement all applicable adopted traffic mitigation measures, including contributions to the City's TIF program; however even with mitigation these impacts continue to be identified as unavoidable, as anticipated in the Eastern Dublin EIR. Community Services and Facilities Impact 3.4/S. Consumption of Non-Renewable Natural Resources and Sewer, Water; and Storm Drainage Impact 3.5/F, H, U Increases in Energy Usage through Increased Water Treatment, Disposal and Operation of Water Distribution System: Future development of the Dublin Gateway Medical Center Building 3 Hospital and Garage project will contribute to increased energy consumption. Soils, Geology, and Seismicity Impact 3.6/B. Earthquake Ground Shaking, Primary Effects: Even with seismic design, future development of the Dublin Gateway Medical Center Building 3 Hospital and Garage project could be subject to damage from large earthquakes, much like the rest of the Eastern Dublin planning area. Air Quality Impacts 3.ll/A, B, C, and E. Future development of the Dublin Gateway Medical Center Building 3 Hospital and Garage project will contribute to cumulative dust deposition, construction equipment emissions, and mobile and stationary source emissions. Supplemental Impacts AQ-2, AQ-3. Project emission increase that would exceed the BAAQMD significance thresholds for ozone precursors on project and cumulative levels: Even with implementation of the previously adopted mitigation measures and the additional mitigation measures in the Supplemental EIR, project and cumulative precursor emissions will exceed BAAQMD thresholds. Supplemental Impact TRA-2. Impacts to study intersections under Buildout conditions (Dublin Boulevard/Dougherty Road): Even with implementation of the previously adopted mitigation measures, including contribution to intersection improvements through the TIF program, the Dublin Gateway Medical Center Building 3 Hospital and Garage project will contribute to significant and unavoidable impacts at this intersection under buildout conditions. 20f3 1~t1f> I~' 3. OVERRIDING CONSIDERATIONS. The City Council previously balanced the benefits of the Eastern Dublin project approvals against the significant and potentially significant adverse impacts identified in the Eastern Dublin EIR and Dublin Ranch West EIR. The City Council now balances those unavoidable impacts that apply to development of the Dublin Gateway Medical Center Building 3 Hospital and Garage project against the benefits of the project as set forth below. The City Council, acting pursuant to CEQA Guidelines Section 15093, hereby determines that unavoidable impacts of the project are outweighed by the substantial benefits of developing a hospital and associated parking garage. The project will further the urbanization of Eastern Dublin as planned through the comprehensive framework established in the original Eastern Dublin approvals. Development of the project will provide a 100-bed hospital which is located in close proximity to existing and future dwelling units and will provide health care services to all residents of Dublin and the Tri-Valley region. The project is also located in close proximity to the 1-580 freeway, which will promote regional and community access to the hospital. In addition, the project will result in the following economic benefits: 1) a significant number of new jobs, including part-time and full-time employment for local residents; 2) access to health care and related services; and 3) an increase in revenues from either property taxes or a community benefit payment. Finally, the project serves as a continuation of the architectural and landscape themes, materials, forms and elements as established by surrounding development, thereby promoting the aesthetic development of the area. The design theme of the Dublin Gateway Medical Center will serve as a gateway to the community. 30f3 lL.f~ I~.g ORDINANCE NO. XX - 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A PLANNED DEVELOPMENT REZONE AND STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. By Ordinance No. 22-98 the City Council rezoned the approximately 35-acre area known as Koll Dublin Corporate Center to a Planned Development Zoning District and adopted a Stage 1 and 2 Development Plan for the entire project area. B. This Ordinance adopts an amendment to the Stage 1 and 2 Development Plan approved for the Koll Dublin Corporate Center by the City Council on December 15, 1998. Section 2. FINDINGS AND DETERMINATIONS A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The Planned Development Rezone and amended Stage 1 and 2 Development Plan for the Dublin Gateway Medical Center Building 3 Hospital and Garage project (the "Project"), meets the purpose and intent of Chapter 8.32 in that it provides maximum flexibility and diversification in the development of the property by allowing the development of either a 58,000 square foot medical office building or a 168,000 square foot, 100-bed hospital building depending upon market conditions and creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design, which is in close proximity to Dublin Boulevard, Tassajara Road and the 1-580 freeway. 2. The Planned Development Rezone and amended Stage 1 and 2 Development Plan for the Project will be harmonious and compatible with existing and future development in the surrounding area because: 1) the uses proposed as part of the Project are consistent with the 1998 Development Plan approved for the Koll Dublin Corporate Center; and 2) the Project is consistent with campus office development as envisioned in the Eastern Dublin Specific Plan. B. Pursuant to Section 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The Planned Development Rezone and amended Stage 1 and 2 Development Plan for the Project will be harmonious and compatible with existing and potential development in the surrounding area in that: 1) the land uses and site plan establish a comprehensive medical office complex; 2) the Project is consistent with the Eastern Dublin Specific Plan and the Stage 1 and 2 Development Plan, as amended; 3) the Project site has been designed to be compatible with adjacent professional and medical office uses and commercial uses; and 4) the Project site includes attractive landscaping and site elements including a location for public art, light Page 1 of3 Attachment 2 '5fb \'5'8 fixtures, benches, plazas and pedestrian paths to create an attractive landscape palette and material palette for the hospital and adjacent medical office buildings. 2. The Project site is physically suitable for the type and intensity of the zoning district being proposed in that: 1) the Project, in combination with the larger Koll Dublin Corporate Center, will not exceed the maximum Floor Area Ratio (FAR) of .80 which was established in the Eastern Dublin Specific Plan for Campus Office land uses; 2) the Project will include a hospital use which is consistent with the land use designations of General Commercial and Campus Office; 3) as amended, the Stage 1 and 2 Development Plan will permit a maximum of 168,000 square feet of gross floor area for a hospital; and 4) the Stage 1 and 2 Development Plan for the Project has been designed to accommodate the topography of the Project site which is currently developed with surface parking and landscaping and is suitable for the development of a hospital and therefore physically suitable for the type and intensity of the proposed Planned Development Zoning district. 3. The Planned Development Rezone and amended Stage I and 2 Development Plan for the Project will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare because the Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The Planned Development Rezone and amended Stage 1 and 2 Development Plan for the Project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and the Planned Development Zoning, as amended, in that: 1) the Project is consistent with the permitted, conditional and temporary use lists adopted by the City Council as part of the 1998 Stage 1 and 2 Development Plan for the Koll Dublin Corporate Center; 2) the proposed amendments to the Stage 1 and 2 Development Plan with respect to density provides for flexibility in development depending upon market conditions by allowing for either a 58,000 square foot medical office building or a 168,000 square foot hospital building on Lot 3 of Map 8524; and 3) the Project is consistent with the purpose and intent of the Eastern Dublin Specific Plan for the Tassajara Gateway subarea which encourages the development of land uses that will benefit from their location at the intersection of Dublin Boulevard and Tassajara Road and their close proximity to the 1-580 freeway. C. Pursuant to the California Environmental Quality Act, the City Council finds as follows: 1. Pursuant to the California Environmental Quality Act (CEQA), Sections 15162 and 15164 provide that an addendum to a previously certified Environmental Impact Report (EIR) may be prepared when a project requires a minor technical change to an EIR and there are no new significant environmental effects and no substantial increase in the severity of previously identified significant effects. Section 3. MAP OF THE PROPERTY. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code, the Stage 1 and 2 Development Plan applies to the following property ("the Property"): Lot 3 and 4 of Vesting Tentative Parcel Map 8524, 1.545 acres and 1.585 acres respectively (also a portion of Lot 7 of Tract 7064) for PA 06-026 (APN 986-0016-021 & 986-0016-022) at the southwest comer of Dublin Boulevard and Glynnis Rose Drive and bordered by Dublin Boulevard to the north, Glynnis Rose Drive to the west and Koll Center Drive to the south. Page 2 of3 1~J6 l~~ A vicinity map showing the area for a Stage 1 and 2 Development Plan is shown below: Section 4. APPROVAL The regulations for the use, development, improvement, and maintenance of the Property are set forth in the amended Stage 1 and 2 Development Plan as attached in Exhibit A which is hereby approved. Any amendments to the Stage 1 and 2 Planned Development Zoning Development Plan shall be in accordance with Section 8.32.080 and/or Chapter 8.120 ofthe Dublin Municipal Code or its successors. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 5th day of June 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Janet Lockhart, Mayor ATTEST: City Clerk G:\PA#\2006\06-026 Dublin Gateway Bldg 3 Mod\Public Hearing Documents\CC\CC Ord PD Rezone_done.doc Page 3 of3 Amended by Resolution 04-55 by the Planning Commission on August 24, 2004 (P A ~l'llr \ ~ S Amended by Resolution 05-06 by the Planning Commission on January 25, 2005 (P A 04-046) Amended by Ordinance _-_ by the City Council on _, 2007 (P A 06-026) EXHIBIT A DEVELOPMENT PLAN General Provisions This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the Koll Corporate Center project, located on the south side of Dublin Boulevard, east of Tassajara Creek, West of Tassajara Road, and north of Interstate 580 (APN 986-0001-001- 10, portion). This Development Plan meets all of the requirements for Stage 1 and Stage 2 review of the project. This Development Plan was subsequently amended by Planning Commission Resolution 04-55 for the Ulferts Center project on August 24, 2004. The amendments included the removal of the hotel designation on Lots 1 and 2 and allowed for the development of retail commercial uses on the entire property. This Development Plan was subsequently amended for the Dublin Gateway Medical Center project on January 25, 2005. The amendment allowed for massage establishments in conjunction with physical therapy to be a permitted use, rather than conditional use, consistent with the regulations set forth in the Dublin Zoning Ordinance. This Development Plan was subsequently amended for the Dublin Gateway Medical Center Building 3 Hospital and Garage project on _, 2007. The amendments allowed for am alternative development project on a portion of Lot 7 of Map 7064 otherwise known as Lots 3 & 4 of Map 8524; an increase in square footage on Lot 7 of Map 7064; revisions to the site plan and landscape plan; and, revisions to the development regulations. This Development Plan is also represented by the following: . Tentative Map 7064 and Site Development Review plans, Landscape plans, and other plans, exhibits, and written statements contained in the document dated received October 30, 1998, labeled Exhibit A-I to the Ordinance approving this Development Plan (City Council Ordinance No. 22-98), on file in the Planning Division. . Site Development Review plans, Landscape plans, and other plans, exhibits and written statements relating to the project approved as part of Planning Commission Resolution 04-55 for the Ulferts Center (P A 03-064), on file in the Planning Division. . Tentative Map 8524 and Site Development Review plans, Landscape plans, and other plans, exhibits and written statements relating to the project approved as part of Planning Commission Resolution 05-06 for the Dublin Gateway Medical Center (P A 04-046), on file in the Planning Division. . Site Development Review plans, Landscape plans, and other plans, exhibits and written statements relating to the project approved as part of Ordinance _ for the Dublin Gateway Medical Center Building 3 Hospital and Garage (P A 06-026), on file in the Planning Division. 10f6 EXHIBIT A Amended by Resolution 04-55 by the Planning Commission on August 24, 2004 (P A o:1~fD \ $- Amended by Resolution 05-06 by the Planning Commission on January 25, 2005 (P A 04-046) Amended by Ordinance _-_ by the City Council on _, 2007 (P A 06-026) This Planned Development Zoning District, as amended, allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. 1. Permitted Uses. The following uses are permitted for this "PD / C-2 / C-O" (Planned Development/General Commercial/Campus Office) Zoning District. * a) Banks & Financial Services; b) Contractor's Office; c) Copying & Blueprinting; d) Eating & Drinking Establishments; e) Health Services/Clinics; f) Laboratory; g) Professional/Administrative Offices; h) Parking Lot/Garage - Commercial; i) Retail - General; j) Retail- Neighborhood; k) Retail- Service; 1) Day Care of 14 or fewer children; m) School- trade school, college, university; n) Similar and related uses as determined by the Director of Community Development; and, 0) Massage Establishments, in conjunction with physical therapy. Amended by PC Reso. 05-06 (01/25/05) *See "**NOTE" on Page 5 regarding uses on Lot 3 of Map 8524. 2. Conditional Uses.* a) AutomobileN ehicle Brokerage, Rental; b) Building Materials Sales; c) Mini-Storage; d) Storage of petroleum products for on-site use; e) Warehousing and distribution; f) Community Facility; g) Massage Establishments, in conjunction with a gymnasium/health club; Amended by PC Reso. 05-06 (01/25/05) h) Day Care Center - 15+ children; i) Outdoor Mobile Vendor; j) Outdoor Seating; k) Temporary Outdoor Sale not related to on-site established business (sidewalk sale); I) Caretaker Residence; m) Hospital/Medical Center; 20f6 Amended by Resolution 04-55 by Ibe Planning Conuuission on Angust 24, 2004 (P A oJ:J)~ \-r,i Amended by Resolution 05-06 by the Planning Commission on January 25, 2005 (P A 04-046) Amended by Ordinance _-_by the City Council on _' 2007 (P A 06-026) n) Animal Sales and Services; 0) Auction Yard; p) AutomobileN ehicle Sales and Service; q) Bed and Breakfast inn; r) Car Wash/Detailing; s) Community Care Facility - Large; t) Dance Floor; u) Drive-in/Drive-through business; v) Hotel/Motel; w) Plant Nursery; x) Recreational Facility/Indoor; y) Recreational Facility/Outdoor; z) Retail - outdoor storage; aa) Service Station; bb) Shopping Center; and, cc) Similar and related uses as determined by the Director of Community Development. *See "**NOTE" on Page 5 regarding uses on Lot 3 of Map 8524. 3. Dublin Zoning Ordinance, Applicable Requirements. Except as specifically modified by the provisions of this PD District Rezone/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 4. Site Plan & Architecture. This Development Plan applies to the approximately 37-acre site generally located south of Dublin Boulevard, north of Interstate 580, west of Tassajara Road and east of John Monego Court. Any modifications to the project, or development on the future hotel/retail site (Phase 3), shall be substantially consistent with these plans and of equal or superior materials and design quality. Development on the future hotel/retail site (Phase 3) requires approval of Site Development Review by the City of Dublin. The development of the future hoteVretail site (Phase 3) was modified by Planning Commission Resolution 04-55 for the Ulferts Center. The following site plans and elevations are hereby incorporated by reference: Amended by Ord. _ -_ (Date) . Ordinance 22-98 for the Koll Dublin Corporate Center, Exhibit A-I (PA 98-047). . Planning Commission Resolution 04-55 for the Ulferts Center (P A 03-064). . Planning Commission Resolution 05-06 for the Dublin Gateway Medical Center (P A 04-046). . Ordinance _-_ and Planning Commission Resolution _-_ for the Dublin Gateway Medical Center Building 3 Hospital and Garage (P A 06-026). 30f6 Amended by Resolution 04-55 by the Planning Commission on August 24, 2004 (P A ~:Q L ~ -t Amended by Resolution 05-06 by the Planning Commission on January 25, 2005 (P A 04-046) Amended by Ordinance _-_by the City Council on _, 2007 (P A 06-026) 5. Density. The maximum square footage of the proposed development for the parcels covered under this Development Plan (as shown on the applicable site plans) is as follows: Lot 1 & 3, Tract 7064 (Retail site): 1.6 acres & 2.6 acres, respectively 50,530 square feet building area* Amended by PC Reso. 04-55 (August 24, 2004) Lot 2, Tract 7064 (Retail site): 1. 6 acres 7,000 square feet building area* Lot 4, Tract 7064 (4-story office building): 5.53 acres 139,285 square feet building area Lot 5, Tract 7064 (4-story office building): 6.67 acres 139,285 square feet building area Lot 6, Tract 7064 (4-story office building): 6.42 acres 139,285 square feet building area Lot 7, Tract 7064: 7.11 acres Lot 7 of Tract 7064 has been further divided as follows: Amended by CDD Reso. 05-01 (February 28, 2005) Amended by PC Reso. 05-06 (January 25, 2005) Amended by Ord. - (Date) Lot 1, Map 8524 (3-story office building) 3.000 acres 62,300 square feet building area Lot 2, Map 8524 (3-story office building) 1.009 acres 57,700 square feet building area Lot 3, Map 8524 (3-story office building) 1.545 acres 58,000 square feet building area OR 168,000 square feet building area** Lot 4, Map 8524 1.585 acres 4-level parking garage OR 5-level parking garage** Total Building Area: 178,000 square feet OR 292,000 square feet** Lot 8, (Park & Ride facility): 1. 74 acres No building area (parking only) *NOTE: Densities for Lots 1, 2, and 3 may be combined and re-allocated among these three lots in any manner within this portion of the project site, but must be used for General Commercial/Retail uses and a hotel, unless an amendment to this Planned 40f6 Amend,d by Rosolution 04-55 by the Planning Conunission on August 24, 2004 (P A o~oL~ l'ti Amended by Resolution 05-06 by the Planning Commission on January 25,2005 (PA 04-046) Amended by Ordinance _-_ by the City Council on _, 2007 (P A 06-026) Development is approved. An amendment to the Planned Development was approved by Planning Commission Resolution 04-55 on August 24, 2004. This amendment removed the hotel designation from Lots 1 and 3 and allowed for the development of retail commercial uses instead. **NOTE: This Development Plan allows for the development of either: 1) a 3-story, 58,000 square foot medical office building on Lot 3 of Map 8524 and 4-level above ground parking garage on Lot 4 of Map 8524 OR 2) a 6-story, 168,000 square foot, 100- bed hospital on Lot 3 of Map 8524 and 5-level parking garage on Lot 4 of Map 8524 with one level below ground and 4-levels above ground. At no time shall the 6-story hospital building on Lot 3 of Map 8524 be utilized for any other use than a hospital without an amendment to this Development Plan. 6. Phasing Plan. The Corporate Center will be developed in three phases. The First phase will include the three, four-story office buildings, Park & Ride lot, perimeter landscaping, on-site entrance roads, and associated site work. The Second phase will be the signature, six-story office building at the comer of Dublin Boulevard and Tassajara Road (Amended by Planning Commission Resolution 05-06 on January 25,2005). The Third phase will include the Hotel/Retail parcel, which will likely be sold to a separate hotel developer (Amended by Planning Commission Resolution 04-55 on August 24, 2004). Third phase uses could be constructed after the first phase when a critical mass of on-site customer support is created. Any hotel/retail uses proposed for the vacant parcel (Lots 1, 2, and 3) must be consistent with the standards established by this Development Plan, and will require approval of a Site Development Review by the City of Dublin Planning Commission (Amended by Planning Commission Resolution 04-55 on August 24, 2004). 7. Landscaping Plan. The following landscaping plans are hereby incorporated by reference: . Ordinance 22-98 for the Koll Dublin Corporate Center, Exhibit A-I (PA 98-047). . Pinewave Design and Engineering, 3 sheets, dated received by the Planning Division on August 17,2004 for the Ulferts Center (PA 03-064). Amended by PC Reso. 04-55 (August 24, 2004) . Ware Malcomb, 3 sheets, dated received by the Planning Division on January 11, 2005 for the Dublin Gateway Medical Center (P A 04-046). Amended by PC Reso. 05-06 (01/25/05) . Ware Malcomb and Ridge Landscape Architects, dated received by the Planning Division on February 26, 2007 for the Dublin Gateway Medical Center Building 3 Hospital and Garage (P A 06-026). Amended by Ord. _ -_ (Date) 8. Development Standards. The development regulations for the project are hereby incorporated by reference: . Ordinance 22-98 for the Koll Dublin Corporate Center, Exhibit A-I (PA 98-047). 50f6 Amended by Resolution 04-55 by the Planning Commission on August 24, 2004 (P A 03-~~av \ *8.~ Amended by Resolution 05-06 by the Planning Commission on January 25, 2005 (P A 04-046) Amended by Ordinance _ -_ by the City Council on _, 2007 (P A 06-026) . Pinewave Design and Engineering dated received by the Planning Division on August 17, 2004 for the Ulferts Center (P A 03-064). Amended by PC Reso. 04- 55 (August 24, 2004) . Ware Malcomb, dated received by the Planning Division on January 11, 2005 for the Dublin Gateway Medical Center (P A 04-046). Amended by PC Reso. 05-06 (01/25/05) . Ware Malcomb, dated received by the Planning Division on February 26, 2007 for the Dublin Gateway Medical Center Building 3 Hospital and Garage(P A 06- 026). Amended by Ord. _ -_ (Date) The development of Lots 3 and 4 of Parcel Map 8524 (formerly a portion of Lot 7 of Tract Map 7064) shall be permitted to have: . A 3-story, 58,000 square foot medical office building (Lot 3) and 4-level above ground parking garage (Lot 4) approved as part of Planning Commission Resolution 05-06, OR . A 6-story, 168,000 square foot, 100-bed hospital building (Lot 3) and 5-level parking garage (Lot 4) with one level below ground and 4 levels above ground approved as part of Ordinance _ and Planning Commission Resolution_. The 5-level parking garage approved in conjunction with the 6-story hospital building may also be constructed with the 3-story medical office building so long as one level of parking remains underground and only 4-levels of parking above ground. NOTE: Any increase in the maximum square footage on Lot 3 of Map 8524, including the addition of a basement for equipment or any other use, shall require an amendment to this Development Plan and shall be subj ect to review by the Planning Commission with a recommendation to City Council. 9. General Provisions. A) The project applicant/developer shall enter into a Development Agreement with the City of Dublin prior to Final Map approval, which shall contain, but not be limited to, provisions for financing and timing of on and off-site infrastructure, payment of traffic, noise and public facilities impact fees, ownership and maintenance of creek and open space areas, and other provisions deemed necessary by the City to find the project consistent with the Eastern Dublin Specific Plan. B) The project applicant/developer shall be required to pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 32-96, adopted by the City Council on March 26, 1996, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. 60f6 <6 3ff.b lit' RESOLUTION NO. XX - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage (the "Project") on 3.132: acres ofland, located at 4084 and 4100 Dublin Boulevard, a portion of the Dublin Gateway Medical Center and the Dublin Corporate Center (formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned Development Zoning District (P A 98-047); and WHEREAS, Phase Two of the Dublin Gateway Medical Center was approved by Planning Commission Resolution 05-06 for construction of a 3-story, 58,000 square foot medical office building and a 4-level parking garage on 3.132: acres of land, located at 4084 and 4100 Dublin Boulevard (the "Original Approval"); and WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center (formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned Development Zoning District (P A 98-047); and WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage (the "Project") on the same 3.132: acres ofland, located at 4084 and 4100 Dublin Boulevard; and WHEREAS, the Project would provide the Applicant with the option of constructing the Original Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original Approval and the Project entitlements; and WHEREAS, the Project requires approval of a Planned Development Rezone and Stage 1 and 2 Development Plan to allow for the following: 1) an increase in square footage on Lot 7 of Tract 7064 for the Dublin Corporate Center (PA 98-047); 2) revisions to the site plan approved under PA 98-047; 3) revisions to the landscape plan approved under P A 98-047; and, 4) revisions to the development regulations approved under P A 98-047; and WHEREAS, in accordance with the original Development Plan for Planned Development Zoning District, PA 98-047 (Exhibits A-I and A-2 of Ordinance 22-98), the Project requires approval of a Conditional Use Permit for the establishment and operation of a Hospital/Medical Center; and WHEREAS, Section 8.100.160.G of the Dublin Municipal Code requires a finding that the Project is consistent with applicable specific plans for approval of a Conditional Use Permit; and ATTACHMENT 3 ~'4J \ ~~ WHEREAS, one goal of the Eastern Dublin Specific Plan (the "Specific Plan") is that new development pays for needed services [See Specific Plan, section 10.4; Policy 10-1.]. The Specific Plan anticipates that revenues to pay for public services will come from property taxes, among other revenues (section 10.2), and the Specific Plan indicates that the monies from the Specific Plan area are anticipated to be enough by 2014. A fiscal study was done for the Specific Plan that shows revenues and expenses, based on the assumption that property tax revenues are received from all properties; and WHEREAS, property tax revenues were a significant component of the anticipated revenues needed to pay for public services when the City adopted the Eastern Dublin Specific Plan (Eastern Dublin EIR, Chapter 3.12 [concluding that property tax revenue was the primary form of new revenues]) and Impact 3.12/A found that project-generated revenues would be sufficient to cover project-generated costs after shortfalls in the early years assuming at least 25 percent share of property taxes. No mitigation was therefore required; and WHEREAS, in order to find the Project consistent with the Eastern Dublin Specific Plan, the Conditional Use Permit is conditioned on the payment of funds to mitigate the loss of property tax revenues if the hospital is owned and operated as a non-profit hospital and receives an exemption from property tax pursuant to state law; and WHEREAS, the Project requires approval of Site Development Review for the development of the 6-story hospital building and 5-level parking garage; and WHEREAS, on May 8,2007 the Planning Commission adopted Resolution 07-25 referring their decision making authority on the Conditional Use Permit and Site Development Review to the City Council with a recommendation of approval; and WHEREAS, approval of the Conditional Use Permit and Site Development Review is contingent upon City Council approval of the Planned Development Rezone and Stage 1 and 2 Development Plan; and WHEREAS, on April 24, 2007 and May 8, 2007 the Planning Commission did consider the Planned Development Rezone and Stage 1 and 2 Development Plan and adopted Resolution 07-24 recommending City Council approval of the Planned Development Rezone and Stage 1 and 2 Development Plan; and WHEREAS, a complete application has been submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans and exterior elevations dated received May 3,2007, for the required approvals; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the Project and a determination has been made that the proposed Project will not have a significant effect on the environment. The project has been found to be within the scope of the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH No. 91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND") (SCH No. 96082092); and, the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR") (SCH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita Property MND, and the Dublin Ranch West EIR, adequately describe the total Project for the purpose of CEQA. In accordance with CEQA Guidelines Sections 15162 and 15164 an Addendum has been prepared; and 2 of 44 86Ub l ~~ WHEREAS, the City Council did hold a public hearing on said application on May 15, 2007, for the Project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the request for a Conditional Use Permit and Site Development Review; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make the following findings and determinations regarding said proposed Conditional Use Permit. Conditional Use Permit Findines A. The proposed hospital use, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity. The Project includes a proposed hospital use within a 6- story building and is part of the Dublin Gateway Medical Center; the Dublin Gateway Medical Center currently includes two existing 3-story medical office buildings totaling approximately 120,000 square feet and associated surface parking. The proposed hospital use, as conditioned, is compatible with other land uses, transportation and service facilities in the vicinity in that, 1) the proposed hospital use is part of a Planned Development Zoning District which conditionally permits the establishment of a hospital use. The Project is surrounded by other permitted uses such as medical offices, professional offices and retail commercial. The Project would be compatible with adjacent land uses in that it would not generate excessive noise, illumination, unsightliness, odor, smoke or other objectionable influences; and 2) The Project would be served by existing roads including Dublin Boulevard, Tassajara Road, Glynnis Rose Drive and Koll Center Drive all of which have adequate capacity to serve the Project. B. The Project, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare. The proposed hospital use, as conditioned, will not have an adverse effect on persons or the public in that, 1) the proposed hospital use would not generate excessive noise, illumination, unsightliness, odor, smoke or other objectionable influences; and 2) conditions of approval have been applied to the Project tf? ensure compliance with all Federal, State and Local regulations governing a hospital use. C. The Project, as conditioned, will not be injurious to property or improvements in the neighborhood. The proposed hospital use would provide a service which does not currently exist within the community and would allow for greater access to health care. The Project would further enhance the already developed site with improvements that are consistent with the adjacent medical and professional office buildings. D. There are adequate provisions for public access, water, sanitation and public utilities and services to ensure that the Project, as conditioned, would not be detrimental to the public health, safety and welfare. The Project site is currently developed and provisions for public access, water, sanitation and public utilities are currently in place and will be modified as necessary to accommodate the proposed hospital use. Existing vehicular and pedestrian access would be maintained or enhanced as a result of the Project. 3 of 44 8~aolSt E. The Project site, as conditioned, is physically suitable for the type, density and intensity of the use and related structures. The Project site is currently developed with surface parking and landscaping and is generally flat in topography. The site is suitable for the proposed Project and the Project is within the allowable floor area ratio for the Dublin Corporate Center. F. The Project, as conditioned, will not be contrary to the specific intent clauses, development regulations or performance standards for the Planned Development Zoning District in which it is located. The Project is located within a Planned Development Zoning District which conditionally permits the establishment of a hospital use. The specific intent clauses, development regulations and performance standards for the Planned Development Zoning District are contained in the Development Plan (P A 98-047) and the City of Dublin Zoning Ordinance. The Project, as conditioned, would not be contrary to these clauses, regulations and standards in that, 1) the zoning district is intended to provide for new development of commercial office and general commercial use types along major transportation corridors and intersections; the Project is located at the intersection of Dublin Boulevard and Tassajara Road which is a major arterial intersection within the City and also provides access to Interstate 580. 2) The proposed hospital use will not be contrary to the performance standards outlined in Section 8.28.030 of the Dublin Zoning Ordinance. 3) The proposed hospital use will comply with development regulations, as amended for the Project, for the Planned Development Zoning District in which it is located. G. The Project, as conditioned, is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. The Project is located within a Campus Office land use designation which also allows for General Commercial uses per the Planned Development Zoning process. The Development Plan adopted for the Planned Development Zoning District (PA 98-047) allows for the establishment of a hospital use with approval of a conditional use permit. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review: Site Development Review Findines A. Approval of this application is consistent with the purpose and intent of Chapter 8.104, Site Development Review of the Dublin Zoning Ordinance. The Project, as conditioned, is consistent with Chapter 8.104 in that, 1) development of the site pursuant to the Project approval will result in an orderly, attractive and harmonious development project that is compatible with surrounding properties by creating logical vehicular and pedestrian linkages to adjacent properties and by using building colors and materials which are consistent with surrounding buildings creating a cohesive, unified development within the Dublin Corporate Center; 2) the Project is consistent with the development regulations adopted for the Dublin Corporate Center, as amended by the Project; and, 3) the Project will promote the general welfare by providing a service which does not currently exist in the community (a hospital) thereby creating greater access to health care. B. Any approval complies with the policies of the General Plan, with any applicable Specific Plans, with the development regulations or performance standards established for the zoning district in which it is located and with all other requirements of the Zoning Ordinance. The Project, as conditioned, complies with the policies of the General Plan, the Eastern Dublin Specific Plan and Planned Development Zoning District regulations (P A 98- 047) for the Project site in that, 1) the Project will provide for the establishment of a hospital within the Dublin community where no such use currently exists and will provide another 4 of 44 ~lCLb I ~r health care option to the surrounding Tri Valley area; 2) the Project is a regionally oriented use and as such has been located south of Dublin Boulevard and near the Interstate 580/Tassajara Road interchange to provide convenient vehicular access and limit traffic impacts to the eastern Dublin area; 3) the Project is consistent with the development regulations adopted for the Dublin Corporate Center, as amended by the Project; and, 4) the Project will not be contrary to the performance standards outlined in Section 8.28.030 of the Dublin Zoning Ordinance. C. The approval 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 Project, as conditioned, will not have an adverse effect on persons or the public in that, 1) the Project would not generate excessive noise, illumination, unsightliness, odor, smoke or other objectionable influences; and, 2) conditions of approval have been applied to the Project to ensure compliance with all Federal, State and Local regulations governing the Project. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the development. The Project has been designed to, 1) compliment existing medical office buildings adjacent to the Project site by creating an integrated campus-like setting for health care, 2) provide logical vehicular and pedestrian linkages within the Project site and between the Project site and adjacent properties, and, 3) utilize colors and materials which are compatible with surrounding medical and professional office buildings within the Dublin Corporate Center. E. The subject site is physically suitable for the type and intensity of the approved development. The Project site is currently developed with surface parking and landscaping and is generally flat in topography. The site is suitable for the proposed Project and the Project is within the allowable floor area ratio for the Dublin Corporate Center. F. Impacts to views are addressed. The Project, as conditioned, will not impact views. A visual analysis was performed for the Project and determined that the Project was in keeping with the character and scale of surrounding properties in that, 1) the Project is a 6-story building located adjacent to existing 3- and 4-story buildings and has been designed to blend with its surroundings through articulation and stepping of the building elevations and other vertical and horizontal architectural elements which visually break up the massing of the building. G. Impacts to existing slopes and topographic features are addressed. The Project will not have any impacts to slopes or topographic features because the property is currently developed and is flat with no significant topographic features. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, 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 and the character of adjacent buildings, neighborhoods and uses. The Project, as conditioned, will be compatible with the design concept and character of adjacent buildings in that, 1) the design of the Project is consistent with the design of the existing medical office buildings adjacent to the Project site; 2) the colors and materials used for the Project are the same colors and materials used for the medical office building creating a cohesive campus-like setting for the medical office complex; and, 3) all mechanical equipment related to the Project 5 of 44 ~.~ "b l ~.~. will be adequately screened with landscaping and/or other materials which are architecturally compatible with the building. I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment for the public. The Project, as conditioned, will include landscaping that will provide visual relief and an attractive environment for the public in that, 1) the Project includes perimeter landscaping which will provide an attractive buffer which will soften the appearance of the building as viewed from the public right-of-way and adjacent properties; and, 2) the type and size of landscaping is appropriate for the locations in which it has been proposed. J. The approval of the Site Development Review is consistent with the Dublin General Plan and with any applicable Specific Plans. The Project is located within the Eastern Dublin Specific Plan area and has a General Plan and Specific Plan land use designation of Campus Office; this land use designation also allows for the establishment of General Commercial uses per the Planned Development Zoning process. The Campus Office land use designation provides for attractive, campus-like settings for office and other non-retail commercial uses that do not generate nuisances related to emissions, noise, odors, or outdoor storage and operations. The Project is a campus-like setting for a health care facility which includes existing medical office uses and the proposed hospital building and will not generate nuisances related to emissions, noise, odors, or outdoor storage and operations. K. Approval of this application complies with Chapter 8.58 relating to Public Art Program Contribution. The Project is not required to comply with Chapter 8.58 because the Vesting Tentative Parcel Map which was approved for the Project in 2005 preceded the adoption of the Public Art Ordinance. Although not required, the Applicant has agreed to provide public art and the Project has been conditioned accordingly (see Condition of Approval No. 13). NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve a Conditional Use Permit and Site Development Review for the development of a 6-story, 168,000 square foot, 100-bed hospital and 5-level parking garage, as shown on the plans prepared by Ware Malcomb dated received April 30, 2007 on file in the Community Development Department, subject to the conditions included below. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to approval of the final map, unless noted otherwise. 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] City of Dublin 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 VT A] Livermore Amador Valley Transit Authority, and [CHS] California Department of Health Services. 6 of 44 <6'1'b 1 tZ 1. 2. Approval. The following Conditions of Approval Various apply to P A 06-026, a Conditional Use Permit and Site Development Review for the Dublin Gateway Medical Center Building Hospital and Garage (the" Project" or "Hospital Alternative"). The Hospital Alternative is a request for an alternative approval for Phase Two of the Dublin Gateway Medical Center project, P A 04-046. The alternative to Phase Two includes the construction of a 5-level parking garage with one level below grade (Phase Two (a)), the construction of a 6-story, 100-bed hospital building (Phase Two (b)) and associated site improvements including surface parking and landscaping. Phase Two (a) shall be constructed in its entirety prior to the start of construction for Phase Two (b) (See Condition of Approval No. 24 below). Various This approval does not supersede the approvals granted for Phase Two of the Dublin Gateway Medical Center under Planning Commission Resolution 05-06 for P A 04-046 (the "Original Approval"). This approval allows for an alternative development project, namely, the Hospital Alternative, to be constructed for Phase Two at the option of the Applicant/Developer. The Conditions of Approval contained below apply solely to the Hospital Alternative. Should the Applicant/Developer decide to construct the original Phase Two project under P A 04-046 (a 4-level, above ground parking garage, Phase Two (a), and 3- story medical office building, Phase Two (b)) all Conditions of Approval contained III Planning Commission Resolution 05-06 shall apply. In the event of a conflict between any of the provisions of these Conditions of Approval and the provisions of the Project's Development Agreement, the prOVISIOns of the Project's Development A eement shall overn. Permit Expiration. Construction or use shall commence within one (1) year of the Conditional Use Permit/Site Development Review approval or the permit( s) shall lapse and become null and void. Commencement of construction or use means the 7 of 44 One year from Permit Approval DMC 8.96.020.D PL 40 I1fJ 1~3 3. actual construction or use pursuant to the permit approval or demonstrating substantial progress toward commencin such construction or use. Time Extension. The original approving decision- maker may grant a time extension of permit approval for a period not to exceed six (6) months provided that, 1) the Applicant submits a written request for an extension prior to expiration of the permit approval and 2) a determination can be made that all Conditions of Approval remain adequate to assure that the applicable findings of approval will continue to be met. All time extension requests shall be noticed and a public hearing or public meeting shall be held as re uired b the articular ermit. Revocation. The Conditional Use Permit/Site Development Review approval shall be revocable for cause in accordance with Section 8.96.020.1, Revocation of the Dublin Zoning Ordinance. Any violation of the terms and conditions of this approval ma be sub' ect to the issuance of a citation. Requirements and Standard Conditions. Except to the extent superseded by the California Office of Statewide Health Planning and Development ("OSHPD") regulations or any other state or federal law with respect to construction of the hospital building, the Applicant/Developer shall comply with all 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 Health Department, Alameda County Environmental Health Department, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Applicant/Developer shall supply written statements from each such applicable agency or department to the Planning Division, indicating that all applicable conditions required have been or will be met. Fees. The Applicant/Developer shall: 1) pay all applicable fees for the parking garage in effect at the time of issuance of building permits for the parking ara e, and 2) a all a Ii cable fees for the hos ital 8 of 44 4. 5. 6. PL PL Various Various One year from Permit Approval On-going Building Permit Issuance and GradinglSite- work Permit Issuance Building . Permit Issuance and GradinglSite- DMC 8.96.020.E DMC 8.96.020.1 Various Various 7. building III effect at the time of issuance of grading/site-work permits for the hospital building, 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, Dublin Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as set forth in the Development Agreement. Applicant/Developer may use fee credits as payment for such fees in accordance with the a licable fee Resolution. Property Maintenance. The Applicant/Developer and property owner shall be responsible for maintaining the site III a clean and litter free condition during construction and through completion. The property owner and/or future tenants shall be responsible for maintaining the site in a clean and litter free condition at all times followin com letion of construction. Controlling Activities. The Applicant/Developer and property owner shall control all activities on the project site so as not to create a nuisance to existing or surrounding businesses and residences during construction and through completion. The property owner and/or future tenants shall control all activities on the project site so as not to create a nuisance to existing or surrounding businesses and residences at all times following completion of construction. Mitigation Monitoring Program. The Applicant/ Developer shall comply with the Eastern Dublin General Plan Amendment and Specific Plan (EDSP) Environmental Impact Report (EIR) Mitigation Monitoring Program including all mitigation measures, action programs, and implementation measures on file with the Community Development De artment. Accessory/Temporary Structures and Uses. A Temporary Use Permit IS required for all construction trailers, security trailers and storage containers used durin construction. Master Sign Program. A Master Sign Program shall be a lied for and a roved for all ro' ect 9 of 44 8. 9. 10. 11. ~H~IS$ PL PL PL PL PL,B work Permit Issuance During Construction, Through Completion and On-going During Construction, Through Completion and On-going On-going Placement On-site Issuance of Building Planning Planning EDSP EIR Mitigation Monitoring Program Planning Planning, Building ~.~ \1$ related signage. 12. Temporary Sign age. All temporary signage shall PL be subject to the regulations of Chapter 8.84, Sign Regulations of the Dublin Zoning Ordinance. Temporary signage may be incorporated into a Master Si Pro am ursuant to Section 8.84.100. 13. Public Art Contribution. Applicant/Developer PL, PCS shall be subject to the City's reasonable public art requirements and shall install public art to the reasonable satisfaction of the City's public art coordinator, who shall implement the guidelines set forth in the City's Public Art Master Plan, where possible. A possible location for public art is at the center of the vehicular roundabout off of Glynnis Rose Drive. ii'~INN'N~:i:6 14. Approval. This approval is for the establishment PL and operation of a 100-bed Hospital/Medical Center (Parcel 3 of Parcel Map 8524) as a facility operating 24 hours per day, seven days per week. This approval shall generally conform to the project plans submitted by Ware Malcomb dated received Mav 3. 2007, on file in the Community Development Department, and other plans, text, and diagrams relating to the Conditional Use Permit, unless modified by the Conditions of Approval contained herein. 15. Annual Review. On an annual basis, this PL Conditional Use Permit approval may be subject to review by the Community Development Director to determine compliance with the Conditions of A roval. 16. Modifications to the Conditional Use Permit. PL Notwithstanding the fact that the Planning Commission has referred their decision making authority to the City Council on this Conditional Use Permit, any modifications to the use or conditions of this Conditional Use Permit approval shall first be subject to review by the Planning Commission with a recommendation to the City Council. Minor amendments may be considered by the Community Development Director in accordance with the Dublin Zoning Ordinance. p Permits for the Parking Gara e On-going Occupancy of the Hospital Building 10 of 44 On-going On-going On-going DMC 8.84 Planning Planning Planning Planning q'~Dbl'$~ 17. Community Benefit Payment. To ensure compliance with Section 1004 and Policy 10-1 of the Eastern Dublin Specific Plan, Applicant/Developer shall pay to City a community benefit payment in the amount of two million ninety-three thousand eight- hundred and seventy-two dollars ($2,093,872.00) (the "Community Benefit Payment"). Developer acknowledges that failure to pay the Community Benefit Payment shall constitute grounds for revocation of the Conditional Use Permit. Applicant/Developer shall not be required to make the Community Benefit Payment required by this Condition 17 prior to the issuance of the grading permit to facilitate the construction of the Hospital if it provides evidence satisfactory to the City Manager that the owner of the hospital property, at the time the Hospital commences operation, will not be eligible for a welfare exemption under Revenue and Taxation Code section 214. However, if during the Term of this Agreement the Property becomes exempt from taxation under Revenue and Taxation Code section 214, then Applicant/Developer shall be obli ated to make the Communit Benefit Pa ent. 18. Loading Dock Activities. Upon request by the Community Development Director, the Applicant/Deve10per, and all future tenants of the property, shall furnish a delivery schedule and loading dock operations plan (the "Plan") for review and approval. The Plan shall be reviewed as an annual review of the Conditional Use Permit per Condition of A roval No. 15 above. PLANNING DIVISION.~SITE DEVELOPMENT 19. Approval. This Site Development Review approval for the Dublin Gateway Medical Center (Triad Dublin Gateway LLC), P A 06-046 establishes the detailed design concepts and regulations for the construction of a 6-story, 100-bed hospital building and a 5-level parking garage, with one level below ground and 4 levels above ground, on Parcels 3 and 4, respectively, of Parcel Map 8524. Development pursuant to this Site Development Review approval shall generally conform to the project plans submitted by Ware Malcomb dated Mav 3. 2007, on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Develo ment Review, unless modified b the 11 of 44 PL, ADM, PW PL Issuance of Grading/Site- work Permit for Hospital On-going City Attorney Planning PL On-going Planning '1.~ ltJ 20. Conditions of A roval contained herein. Permit Validity. This Site Development Review PL 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 a roval. Phase Two Modifications. Modifications or PL 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. Notwithstanding the fact that the Planning Commission has referred their decision making authority to the City Council on this Site Development Review, any material modifications to the site layout or approved structures which do not meet the criteria of Section 8.104.100 shall first be subject to review by the Planning Commission with a recommendation to the Cit Council. Construction Plans for Hospital Building. PL, B, PW Notwithstanding the fact that the hospital building will be permitted and inspected by the State of California Office of Statewide Health Planning and Development (OSHPD), Applicant/Developer acknowledges that the development of the hospital building is subject to the requirements of the City of Dublin Zoning Ordinance and this approval, and that the construction of the hospital must be completed in compliance with those requirements. To allow the City to comment on the construction plans' compliance with the City's Zoning Ordinance and this approval, Applicant! Developer shall submit three (3) sets of construction plans for the hospital building to the Planning Division concurrently with the Applicant/Developer's submission of such plans to OSHPD. Applicant/ Developer shall pay the City's fees to review the construction plans to determine conformance with the City of Dublin Zoning Ordinance and this approval. Applicant/Developer shall reasonably respond to any comments made by the City relative to compliance with the City of Dublin Zoning Ordinance and this approval. If, during the course of OSHPD review of the construction plans, changes to the Project are necessary to comply with State regulations, the A licant/Develo er shall noti the Cit and 12 of 44 21. 22. On-going On-going Issuance of Grading/Site- work Permit and Through Completion DMC 8.96.020.F Planning Planning, Building and Public Works q~Dbl~~ resubmit plans to the Planning Division for review. Additionally, if modifications necessitate review by the Planning Commission and/or City Council, the Applicant shall be responsible for the submittal of project applications and materials for review by the City. 22a. Issuance of a Grading/Site- work Permit and/or Building Permit for the Parking Garage Staffing Level Plan. Prior to the issuance of a PL, B, PW building permit for the parking garage, the Applicant/Developer shall provide the City with a written statement identifying the hospital tenant and the specific staffing levels with respect to the number of doctors and employees on the largest shift. If the number of doctors or employees on the largest shift increases, a parking analysis shall be conducted to ensure that adequate parking will be provided in accordance with Chapter 8.76 of the Dublin Zoning Ordinance. If additional parking is needed, the Applicant/Developer shall apply for an amendment to the Conditional Use Permit and Site Development Review; such application shall be reviewed and approved prior to the issuance of a grading permit and/or building permit for the arkin ara e. Equipment Screening. To the extent allowable PL under State and local building and fire codes, all electrical, mechanical, and plumbing equipment, and/or tanks, shall be located underground or within the building. 23. Through Completion and On-going To the extent allowable under State and local building and fire codes, any electrical, mechanical, and plumbing equipment, and/or tanks, which cannot be located underground or within the building due to State and local building and fire codes, shall be located on the roof of the building and shall be completely screened from public view with materials architecturally compatible with the building and to the satisfaction of the Community Development Director. Any electrical, mechanical and plumbing equipment, and/or tanks, which cannot be located on the roof of the building due to State and local building and fire codes, shall be subject to Site Development Review a roval. The Communit Develo ment Director 13 of 44 Planning, Building and Public Works Planning c;'W1b't~ 24. shall determine whether to process the reVIew administratively or refer it to the Planning Commission. Phasing. The Applicant/Developer shall construct the 5-level parking garage (Phase Two (a)) in its entirety and obtain occupancy prior to commencing construction of the hospital building (Phase Two (b)). All site improvements related to the parking garage including vehicular and pedestrian access and landscaping shall be in place prior to occupancy of the garage. During construction of the parking garage (Phase Two (a)), all existing surface parking stalls constructed as part of Phase One which can safely remain open and available, shall remain open and available for users of Phase One. During construction of the parking garage the vehicular access points at Koll Center Drive and Glynnis Rose Drive shall remain open and available for users of Phase One. During construction of the hospital building the vehicular access points at Koll Center Drive and Glynnis Rose Drive and the parking garage shall remain open and available for users of Phase One. 25. In order to complete construction of the Phase Two site improvements, one vehicular access point may be closed for a limited period of time but at no time shall both vehicular access oints be inaccessible. Non-Reflective Windows. All east facing windows shall be non-reflective. 26. Trash Enclosure. The design, colors and materials of the trash enclosure for Phase Two shall be consistent with the trash enclosures in Phase One. The Applicant/Developer, and all future tenants of the property, shall arrange for and maintain, frequent trash pick-up to ensure the timely removal of waste. 26a. The Applicant/Developer shall provide a copy of the approved conditions of approval to all future tenants. 14 of 44 PL PL PL PL Construction Planning of Phased Improvements Through Completion and On- oin Occupancy On-going Planning Planning Planning Landscape and irrigation plans shall also provide for a rec cled water s stem. Removal and Replacement of Existing PL Landscaping. The Community Development Director reserves the right to require the removal and replacement of existing landscaping which IS damaged during construction or otherwise not exhibitin health owth and vitalit . Details. Landscape plans shall include full details PL regarding: 1) pavIllg materials and textures of walkways and paved pedestrian areas; 2) lighting of walkways and pedestrian areas with low intensity non-glare type fixtures; and, 3) landscaping of site and open areas. As part of the landscape plans the Applicant/Developer shall submit: a) An automatic, underground irrigation plan. b) A lighting plan for the illumination of the building, pedestrian and parking areas. Lighting fixture type, height, wattage and direcrion shall be clearly indicated. c) Construction details of fountains, raised planters, walkways, paths, benches, walls, fences, trellises, and other architectural features as a ro riate to the ro . ect. Special Concern Areas. Enlarged design PL, PW develo ment lans 1 "= 1 0' mInImum shall be 15 of 44 27. Final Landscape and Irrigation Plans. Final Landscape and Irrigation Plans, prepared and stamped by a State licensed landscape architect or registered engineer, generally consistent with the preliminary landscape plan prepared by Ridge Landscape Architects, dated May 3. 2007 unless modified by Conditions of Approval contained herein, along with a cost estimate of the work and materials proposed, shall be submitted for review and shall be approved by the Community Development Director. Landscape and Irrigation Plans shall be submitted at a minimum scale of 1 "=20'. All text shall be minimum 1/8" font in size for readability. Signature blocks for the Community Development Director and the Public Works Director shall be included on the plans. 28. 29. 30. PL,B Issuance of Building Permits for the Parking Garage Occupancy Approval of Final Landscape Plans Approval of Final ~.1Ib t'Z-i Planning, Building Planning Planning Planning and Public q~"bl$~ 31. 32. 33. 34. 35. 36. 37. submitted for special concern areas for review and approval by the Community Development Director and the City Engineer. Enlarged plans shall address paving layout and finish, grading, site furniture, planting, required pedestrian ramps, lighting, signage and striping. Special concern areas include: a) Main Entry for the hospital building and the Fountain Feature Area. b) Picnic/Outdoor Area c) Delivery area along Glynnis Rose Drive. d) Bicycle parking areas e Bioswales Special Paving. A color board of proposed paving colors and finishes shall be submitted for review and approval by the Community Development Director. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Planning Division the Standard Plant Material, Irri ation and Maintenance A eement. Water Efficient Landscaping Ordinance. The Applicant/Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. Phase Two Improvements. The design of Phase Two improvements shall be consistent with the design and quality of the Phase One improvements. Salt Sensitive Plant Species. The final landscape plans shall include plant species that are not salt sensitive; the project site will eventually be irrigated with recycled water. Landscape Screening of Parking. Landscaping shall screen parking with an immediate 2'-6" vegetative screen along the Koll Center Drive frontage. Landscaping at Street and Drive Aisle Intersections. Landscaping shall not obstruct the si ht distance of motorists, edestrians or bic clists. 16 of 44 PL PL PL,PW PL PL PL PL Landscape Plans Approval of Final Landscape Plans Approval of Final Landscape Plans Approval of Final Landscape Plans Approval of Final Landscape Plans and On- OIll Approval of Final Landscape Plans and On- OIll Approval of Final Landscape Plans and On- OIllg Approval of Final Landscape Works Planning Planning Planning and Public Works Planning Planning Planning Planning q'1D()l~' 38. Except for trees, landscaping 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 eneral ublic surveillance ca abilities of the area. Landscape and Utilities. All utilities shall be shown on the landscape plans and coordinated with proposed landscaping. The location of utilities shall be studied carefully to minimize their visual impact and to provide adequate planting space for trees and for screenin shrubs. Landscaping of Walls (if any) and Trash Enclosures. The Applicant/Developer shall screen all walls, fencing and the sides of walls surrounding trash enclosures and/or generator enclosures. The use of shrubs and vines is encouraged. All fencing shall be in accordance with the Zoning Ordinance re uirements and re lations. Lighting. The location of trees and light fixtures shall be coordinated to the satisfaction of the City Engineer, Community Development Director and Dublin Police Services. Lighting used after daylight hours shall be adequate to provide for security needs and shall comply with the Non-Residential Security Ordinance Requirements and to the satisfaction of Dublin Police Services. Landscape Borders. A concrete curb that is at least 6 inches high and 6 inches wide shall border all landscaped areas. Any curbs adj acent 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 maintain a minimum 5-foot radius, or be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. Landscape planters in the front of parking spaces shall provide a minimum three-foot clear to an tree. Bioswales. Bioswales and adjacent curb areas shall be designed to the current approved standard at the time of construction and shall be designed and installed to the satisfaction of the Public Works Director. The bioswales shall be shown on the landsca e lans and on the civilians desi and 17 of 44 39. 40. 41. 42. PL PL PL,PW, PD PL,PW PL,PW Plans and On- gOIllg Approval of Final Landscape Plans Approval of Final Landscape Plans and On- gOIllg Approval of Final Landscape Plans and On- gOIllg Approval of Final Landscape Plans Approval of Final Landscape Plans and Through Construction Planning Planning Planning, Public Works and Police Planning and Public Works Planning and Public Works Lee '1J I ~t> NO; 43. details . Plant standards. All trees shall be 24" box PL minimum except for Coast Redwood trees which shall be 60" box minimum to facilitate screening of the parking garage. All shrubs shall be 5-gallon mInImum. Ground cover plants shall be 1 gallon minimum. All plants shall be listed by full botanical name and common name. Installation of Landscaping and Parking Lot PL Improvements. All landscaping and parking lot improvements shall be installed prior to occupancy of the buildin s. Light Fixtures. All lighting associated with the PL project area shall be subject to staff review and approval. 44. 45. 46. Planter Pots. Planter pots shall be provided with PL irrigation and be designed to drain to the storm drain. 47. Planting Spacing. Adequate space to plant trees PL adjacent to buildings or other built features must be provided in the following minimum ways: a) Small trees (to 15 feet tall) no closer than 6 feet from building or 2 feet from paving, curbs, or walls with a minimum planting area 5 feet wide. b) Medium trees (to 30 feet tall) no closer than 10 feet from building or 3 feet from paving, curbs, or walls with a minimum planting area 6 feet wide. c) Large trees (above 30 feet tall) no closer than 15 feet from building or 3 feet from paving, curbs, or walls with a minimum planting area 6 feet wide, referabl 8 feet wide. Planting and Utility Conflicts. All planting areas PL, PW containing trees shall be free of all utility structures (including light standards) and other built features consistent with the spacIllg requirements noted above. Conflicts between landscaping and utilities shall be resolved to the satisfaction of the Communit Develo ment Director. Slopes. The landscape plan shall address slopes PL within the property, including drainage, erosion, maintenance and irrigation issues. 48. 49. 18 of 44 Approval of Final Landscape Plans Occupancy Approval of Final Landscape Plans Approval of Final Landscape Plans Approval of Final Landscape Plans and Through Completion Approval of Final Landscape Plans Approval of Final Landscape Plans Planning Planning Planning Planning Planning Planning and Public Works Planning 50. Landscaping. The Applicant/Developer shall PL, PW construct all landscaping within the site and along the project frontage from the face of curb to the site right-of-way to the design and specifications of the City of Dublin Streetscape compatible Master Plans and City of Dublin specifications, and to the satisfaction of the Director of Public Works. The Applicant/Developer shall remove, replace and/or add additional street trees along Dublin Boulevard, Glynnis Rose Drive and Koll Center Drive as directed by, and to the satisfaction of, the Director of Public Works. Street tree varieties of a minimum 24" box from the approved street list and/or Koll Dublin Corporate Center master landscape plan shall be planted along all street frontages and shall be shown on the final landscaping plans. Exact tree locations and varieties shall be reviewed and a roved b the Director of Public Works. Plant standards. All trees shall be 24" box PL minimum; all shrubs shall be 5-gallon minimum. Ground cover plants may be 1 gallon. All plants shall be listed by full botanical name and common name. 51. 52. Maintenance of Landscaping. All landscaping PL, PW materials within the public right-of-way shall be maintained for 90 days from the date of final occupancy and on-site landscaping shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System and Maintenance Agreement" by the Developer after City-approved installation. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. A separate irrigation system and water meter, to the extent it does not exist, shall be installed to serve these landscaped areas and connected to City's existing irrigation system. to: Approval of Final Landscape Plans and Through Completion Approval of Final Landscape Plans and Through Com letion On-going \Ol Db \6~ Planning and Public Works Planning Planning and Public Works \02. OC> it. NO. maintained by the Santa Rita Landscape Assessment District 97-1. 53. Landscaping and Surveillance. Landscaping shall be kept at a minimal height and fullness so that patrol officers and the general public have the ability to surve the area and identi risks. 54. Landscaping and Nuisances. Landscaping features and outdoor amenities shall be designed to reduce their attractiveness to skateboarders and vandals. PUBLIC W 55. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these Conditions of Approval, the Directors of Community Development and Public Works have the authority to 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 miti ations resultin from im acts of this ro' ect. 56. Standard Public Works Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Public Works Standard Conditions of Approval. In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall rev ail. 57. Hold Harmless/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 to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law ("Legal Action"); provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be sub'ect to the Cit 's rom tl noti 'n The 20 of 44 PO, PL PO,PL On-going On-going PW PW Various Approval of Improvement Plans Acceptance of Improvements by City Council Through Completion of Improvements and Occupancy of the Buildings Planning and Police Planning and Police Public Works Public Works Public Works l 0 ~ 'b 1"8'& 58. Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. Developer and the City's defense of such Legal Action shall be in accordance with Section 16 of the Project's Development A eement. 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 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 (not more than 6 months old as of date of submittal) together with copIes of all recorded deeds, easements and other encumbrances and copies of Final Maps for adjoining properties and off-site easements shall be submitted for reference as deemed necessary by the City Engineer/Director of Public Works. 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 im rovements. Improvement Security. Pursuant to ~7.16.620 of the Municipal Code, the Applicant shall obtain a Grading/Sitework Permit from the Public Works Department that governs the installation of required site improvements. As a condition of issuance of said permit, Improvement Security shall be posted to guarantee the faithful performance of the permitted work. Such security shall be in the form of cash, a certified or cashier's check, a letter of credit, or a permit bond executed by the applicant and a . corporate surety authorized to do business III California. The amount of the security will be based on the estimated cost of the site work (excludin the 21 of 44 59. 60. 61. PW PW PW PW With Submittal of Improvement Plans Approval of Improvement Plans Approval of Improvement Plans Issuance of Grading/Site- work Permit Public Works Public Works Public Works Public Works (DLf 'b ~.~ 62. 63. building). The applicant shall provide an estimate of these costs for City review with the first plan submittal. Release of Security. When all improvements governed by the Improvement Security are complete to the satisfaction of the City Engineer, the City will consider accepting the improvements and releasing the Security. Prior to the City's acceptance, the Applicant/Developer shall furnish the following to the City: a. A Maintenance Bond or other replacement security in an amount equal to 25% of the estimated cost of the work to guarantee against defects for a one-year period. b. As-Built or Record Drawings printed on mylar 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 En ineer. Improvement and Grading Plans. All improvement, drainage, utility and grading plans submitted to the Public Works Department for review/approval shall be prepared in accordance with the approved SDR, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). All printing and lettering shall be 1/8" minimum height and such shape and weight as to be readily legible on prints and microfilm reproductions. When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that lans are submitted in 22 of 44 PW Acceptance of Improvements by the City Public Works PW Issuance of Grading/Site- work Permit Public Works l t6 "b \" 64. 65. accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-112" x 11" pages). All of these 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 SDR, 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. 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. Detailed Engineer's Estimate of improvement costs shall be submitted with the im rovement lans. Phased Improvement Plans. The Applicant/ Developer shall submit separate grading and drainage, erosion control, utility plans, and improvement plans for each phase (Phase Two (a) and Phase Two (b)) of the development for review and approval by the City Engineer/Public Works Director. Any phasing 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. Easements. Applicant/Developer shall prepare legal descriptions and plat maps for any modifications required for Phase Two (a) and Phase Two (b) as follows: a) Emergency Vehicle Access Easement (EV AE): Submit 3 copies including closure calculations to the Public Works De artment 23 of 44 PW Issuance of Grading/Site- work Permit Public Works PW Concurrent with Improvement Plans Public Works lO~l1b 1~3 66. for review. After approval, the documents shall be recorded with the Alameda County Recorder's office at the Applicant/Developer's cost. A copy of the recorded documents shall be provided to the City. b) Water Line and Sanitary Sewer Easements: As required by DSRSD. c) Any other easement as required by the City En ineer. Submittal Requirements. A complete submittal of improvement plans to Public Works Department includes copies of the following: a. 6 complete sets of Improvement Plans at 1 "=40' scale (including grading, erosion/sediment control, joint trench, utility, signing, striping, lighting, photometric, landscape/irrigation, demolition, and traffic control or detour plan that addresses vehicle traffic, pedestrian and bicycles during construction of Phase Two (a) and Phase Two (b) prepared under the direction of a Registered Civil Engineer b. 1 complete set of Phase One as-built plans (improvements, including grading, utility, erosion/sediment control, joint trench, signing, striping, lighting, photometric, and landscape/irrigation) c. 2 Hydrology maps d. 2 Hydraulic and hydrology calculations justifying the proposed drainage system (stamped and signed by a Registered Civil Engineer) e. 2 preliminary bond cost estimate (separate estimates for on-site and off-site portions) f. 1 completed improvement plan review checklist signed by the engineer g. 1 completed on-site checklist signed by the engIlleer h. 1 Soils report 1. 1 copy of Final Map 8524 J. 1 Title Report with all reference data and exceptions k. 1 annotated copy of final Conditions of Approval I. 2 sets of SWPPP 24 of 44 PW During Plan Review Public Works lOlOb )1><J 67. 68. 69. 70. 71. is 5 acres or more Grading/Site-work Permit. All improvement work must be performed per a Grading/Site-work 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 8-112" 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. Applicant! Developer shall include an Erosion and Sediment Control Plan with the Grading and Improvement plans for reVIew and approval by the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1 st and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed b the Ci En ineer/Public Works Director. Storm Drainage Study. Applicant/Developer shall prepare a Hydraulic and Hydrology Study for the property to be developed, and the Study must demonstrate that design flows do not adversely impact existing hydraulics downstream of the proj ect. All storm drain improvements and mitigation measures identified in the Study and/or specified . by the City Engineer shall become re uirements ofthis ro' ect. Storm Drain Improvements. Applicant/Developer shall construct all required storm drain improvements in accordance with a site-specific hydrology/hydraulic analysis and/or as specified by the Public Works Director. Plans submitted for the storm drain improvements shall include full drainage attern for the entire site. Zone 7 Drainage Fee. The Applicant/Developer will be required to pay Zone 7's SDA 7-1 Impervious Surface Area fees for all new hardscape areas. 25 of 44 PW PW PW PW PW Issuance of Grading/Site- work Permit Issuance of Grading/Site- work Permit and During Construction Issuance of Grading/Site- work Permit Issuance of Grading/Site- work Permit Issuance of Building Permit(s) Public Works Public Works Public Works Public Works Public Works 10<'6 "b \i~ 72. Water Quality/Best Management Practices. Pursuant to the Alameda Countywide National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water 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. All trash dumpsters and compactors which are not sealed shall have roofs to prevent contaminants from washing into the storm drain system. All storm drain inlets serving vehicle parking areas shall have drain markers "No Dumping --, Drains to Creek" USIllg an approved marker available from the Alameda Countywide Clean Water Program. 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 re-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 ro erl 0 erated and maintained. 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 ublic sidewalks. Geotechnical Report and Recommendations. The Applicant/Developer shall incorporate the recommendations of the Geotechnical report prepared for the project, and additional mitigation measures re uired b the Cit En ineer, into the 26 of 44 73. 74. 75. PW PW PW PW Issuance of Grading/Site- work Permit Acceptance of Improvements by City Council Acceptance of Improvements by City Council Issuance of Grading/Site- work Permit and During Construction Public Works Public Works Public Works lO"l "b \~ 76. project design. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/ Site-work Permit. All report recommendations shall be followed during the course of grading and construction. Disabled Parking. All disabled parking stalls shall meet State Title 24 requirements, including providing curb ramps at each loading zone. Curb ramps cannot encroach within the loading/unloading areas. 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 re uirements. Disabled. Access Ramps. The Applicant/Developer shall install a new disabled access ramp at the northeast corner of Glynnis Rose Drive/Koll Center Drive, and replace all existing handicapped ramps if re uired to meet current State Title 24 re uirements. Vehicle Parking. All parking spaces, including parking spaces within the parking garage, shall be double striped USIllg 4" white lines set approximately 2 feet apart according to Figure 76-3 and 98.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landsca ed area or lanter. Bicycle Racks. Bicycle racks shall be installed near the entrances to the office and retail buildings at a ratio of 1 rack per 40 vehicle parking spaces. Bicycle racks shall be designed to accommodate a minimum of four bicycles per rack, and so that each bicycle can be secured to the rack. The location of the bicycle racks shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surve ed b the buildin occu ants. Southeast Corner at Glynnis Rose Drive/Koll Center Drive. The Applicant/Developer shall widen the existing curb radius at the southeast corner of at "Glynnis Rose Drive" and "Koll Center Drive" to accommodate de live truck turns from "Koll Center 27 of 44 77. 78. 79. 80. PW PW PW PW PW Issuance of Occupancy Permit(s) Issuance of Occupancy Permit( s) Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Public Works Public Works Public Works Public Works Public Works NO. CON 81. Drive" onto "Glynnis Rose Drive", and relocate the existin crosswalk and ram as re uired. . Driveway on Glynnis Rose Drive. The proposed driveway cut on Glynnis Rose Drive shall not exceed 75-feet in width. A depressed sidewalk shall be installed across this driveway and a delivery only truck si installed at the drivewa . Parking Lot Lights. The Applicant/Developer shall provide a lighting plan and photometric calculation for the parking lot lights and around the building that demonstrates a minimum foot-candle lighting level of not less than 1.0 at the ground surface for the adjacent parking area; if this cannot be verified provide additional lighting where necessary. Lighting plan and photometric calculations which demonstrates compliance with this condition shall be submitted and shall be subject to reVIew and approval by the City Engineer. All decorative or non-decorative on-site streetlights within the project site shall be maintained ursuant to ro'ect CC&R's. Parking Requirements. The Applicant/Developer shall provide a minimum of 1 parking space for every 3 hospital beds, 1 parking space for each doctor on the largest shift, and 1 parking space for every 3 employees on the largest shift (excluding doctors). The project proposes the following: a) 100 hospital beds = 33 spaces b) 25 doctors on the largest shift = 25 spaces c) 150 . employees on the largest shift (excluding doctors) = 50 spaces The total amount of parking required for Phase Two is 108 spaces. 82. 83. The Applicant/Developer shall also provide a mIllImum of 492 spaces to meet the parking demands for 122,995 square feet of medical office uses in Phase One. 84. The total amount of parking required for Phase One and Phase Two shall be a minimum of 600 s aces. Traffic Impact Fees. The square footage for Medical Building One (formally approved by the City as Lifestyle Rx Wellness Center in Phase One) has increased from 62,300 S. F. to 65,295 S. F. To the extent not already paid, the Applicant/ Developer shall a the difference in fees at Phase Two for the 28 of 44 PW PW PW, PL PW Issuance of Grading/Site- work Permit Issuance of Grading/Site- work Permit Issuance of Occupancy Permit(s) Building Permit Issuance and Grading/Site- work Permit Issuance l 'OJb~S Public Works Public Works Public Works and Planning Public Works III "b \ca~ 85. additional 2,995 S. F. The Applicant/Developer shall also pay fees for the 168,000 S. F. Hospital (formally Medical Building Two in Phase One) as proposed in Phase Two (b). The Applicant/Developer shall also be responsible for meeting the following requirements: a. Payment of the Developer's fair share of Eastern Dublin Traffic Impact Fee, Pleasanton Interchange Fee, and Tri-Valley Transportation Development Fee, as determined by the City. b. Advancing to the City applicable monies for acquisition of right-of-way and construction of planned improvements at the Dublin Boulevard/Dougherty Road intersection. The amount of money advanced to the City will 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 acquiring the right-of-way and constructing the improvements. The City will provide credit for Category 2 fees to the developer for any advance of monies for the improvements planned for the Dublin Boulevard/Dou e Road intersection. Stop Controls. In addition to the locations shown on the exhibits, stop control devices for vehicles, including Caltrans R1 STOP sign, STOP pavement legend, 12" -wide white stop bar stripe, and appropriate delineation, shall be provided as follows: a. On westbound exit driveway onto "Glynnis Rose Drive". b. On southbound exit driveway onto "Koll Center Drive". c. On westbound Koll Center Drive at the southbound driveway exit, and revise the striping on Koll Center Drive if necessary and as directed b the Traffic En ineer. Pedestrian Crossing Signs and Striping. The Applicant/Developer shall install crosswalks, pedestrian crossing warning signs, and pedestrian crossing pavement legends per Caltrans and City standards at the ro osed crosswalk locations. Temporary Parking on City's Park and Ride Lot for Phase Two. It will be the A licant/Develo er's 29 of 44 86. 87. PW Issuance of Grading/Site- work Permit PW Issuance of Occupancy Permit(s) PW Issuance of Grading/Site- Public Works Public Works Public Works 88. responsibility to first: a. Obtain an Encroachment Permit from the Public Works Department that states the specific nature of the encroachment, the reasons why the encroachment is necessary, and the timeframe that the encroachment is expected to occur. b. Submit a traffic control or detour plan that addresses vehicle traffic, pedestrian and bicycles. c. Submit an appropriate insurance certificate that lists City as additionally insured. d. Submit appropriate bonds or security to guarantee the repair of any damage to the driveway, sidewalks, parking lot, or other roadway improvements that occur as a result of the encroachment. Streetlights. All decorative or non-decorative on- site streetlights within the project site shall be maintained pursuant to project CC&R's. A street lighting plan and photometric calculations which demonstrates compliance with this condition shall be submitted and shall be subject to reVIew and a roval b the Cit En ineer. Landscaping 1-580 Freeway Right-of-Way. The Applicant/Developer shall participate and maintain landscaping within 1-580 freeway right-of-way as per the "Agreement between the City of Dublin and Koll Development Company, LLC for Maintenance of Landscaping along 1-580" executed on November 6, 2001 via Cit Council Resolution No. 188-01. Relocation of Existing ImprovementslUtilities. Any necessary relocation of existing improvements or utilities shall be accomplished at no expense to the Cit . Joint Utility TrencheslUndergrounding/Utility Plans. Applicant/Developer shall construct all joint utility trenches (including electric, telecommunications, cable TV, and gas) III accordance with standards enforced by the 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 laced in landsca e areas and screened from ublic 30 of 44 89. 90. 91. PW PW PW PW work Permit Acceptance of Improvements by City Council Acceptance of Improvements by City Council Acceptance of Improvements by City Council Acceptance of Improvements by City Council Public Works Public Works Public Works Public Works 92. VIew, unless 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/Public Works Director and Community Development Director prior to construction. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be 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. Construction Hours. Construction and grading operations shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 6:00 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 a I for all Saturda and/or holida work. Construction Noise Management 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 Tassajara Road. 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 seeds exceed 15 miles er hour. 31 of 44 93. 94. PW During Construction and Prior to Issuance of Occupancy Permit PW Acceptance of Improvements by City Council PW During Construction and Prior to Acceptance of Improvements by City Council Public Works Public Works Public Works tl'1-~ lt$ 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 the following methods: 1. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. All portions of the site shall be sufficiently watered to prevent dust. 3. On-site vehicle speed shall be limited to 15 mph. 4. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City Engineer. 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- ro' ect traffic shall be minimized b : 32 of 44 95. 96. 97. 98. 1. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non-project traffic movement. 4. Limiting lane closures and detours to off-peak travel periods. 5. Providing ride-share incentives for contractor and subcontractor personnel. k. Emissions control of on-site equipment shall be minimized through a routine mandatory ro am of low-emissions tune-u s. Damage/Repairs. 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 develo ment of the ro' ect. 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 ACPD in accordance with current standards. Raised blue reflectorized traffic markers shall be epoxied to the center of the street 0 osite each h drant. 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 lass shall be used whenever ossible. Covenants, Conditions and Restrictions (CC&Rs). A declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of common areas and facilities shall be recorded. Said declaration shall set forth the name of the declarant, 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 any rules and regulations of the project. Prior to recordation, said CC&R document shall be reviewed by the City for compliance with this Condition. The CC&Rs shall address the following: 1. The CC&Rs shall ensure that there IS ade uate rovision for the maintenance, III 33 of 44 PW Acceptance of Improvements by City Council Public Works PW Issuance of Building Permits Public Works PW,PO, On-going Public PL Works, Police and Planning PW Occupancy of Public the Parking Works Garage NO. C 99. good repair and on a regular basis, of all commonly used facilities. In the event that any area falls into a state of disrepair or fails to meet the performance standards established by the CC&Rs, the City will have the right but not the obligation to take corrective measures and bill the owners 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 materially amended without the consent of the City. 2. Parcel 4 shall be for a parking garage construction for the benefit of Parcels 1, 2 and 3. 3. Private parking lots shall be posted in accordance with California Vehicle Code Section 22658, Sections 1 and 2. The above requirements shall be included in the ro'ect CC&Rs. Occupancy Permit Requirements. Prior to issuance 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: 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. e. All construction equipment, materials, or on- oin work shall be se arated from the ublic 34 of 44 PW Issuance of Occupancy Permit Public Works 100. 101. 102. 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, SI a e) shall be installed and full 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 prior 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 pertrucible solid waste as well as source-separated recyclable materials enerated b this ro' ect. Required Permits. An encroachment permit from 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 ermits to the Public Works De artment. 35 of 44 PW Issuance of Building Permits PW Issuance of Building Permits PW Various Times and Prior to Issuance of Building Permits Public Works Public Works Public Works 103. During Construction PW Archaeological Site. 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 (SOP A) has had an opportunity to evaluate the significance ofthe find and su est a ro riate miti ation measures. Geographic Information System. The 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 III, and U.S. foot. Said submittal shall be acce table to the Ci 's GIS Coordinator. Public Improvements. All public improvements 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 III writing. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and followin ISI Building Codes and Ordinances. Construction of the parking garage shall conform to all building codes and ordinances in effect at the time of building ermit. Building Permits for the Parking Garage. To apply for building permits, the Applicant/Developer shall submit eight (8) sets of construction plans for the parking garage to the Building Division for plan check. Each set of plans shall have attached an annotated copy of the signed Resolution which includes these Conditions of Approval. The annotations shall clearly indicate how all Conditions of A roval will or have been com lied with. 36 of 44 104. PW Acceptance of Improvements by City Council 105. PW Acceptance of Improvements by City Council Public Works Public Works Public Works B Building Through Completion B Issuance of Building Permits 107. Building 108. 109. 110. Construction plans will not be accepted without the annotated Resolution attached to each set of plans. The Applicant/Developer shall be responsible for obtaining the approvals of all participating non-City a encies rior to the issuance of build in ermits. Construction Drawings for the Parking Garage. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all exiting 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. All addressing shall be reviewed and approved through a Master Sign Program. Addresses 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, 5 inches in hei ht minimum. 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 Community Development Department. The Phased Occupancy Plan shall be submitted to the Director's of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Community Development Director, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landsca in and associated 37 of 44 B Issuance of Building Permits Building B,PL Occupancy Building B, PL, PW Occupancy of any Affected Building Building 111. 112. 113. 114. im rovements. Temporary Fencing. Temporary Construction B fencing shall be installed along perimeter of all work under construction. Green Building Guidelines. To the extent B, PW practical, the Applicant/Developer shall incorporate Green Building Measures. A Green Building Plan shall be submitted to the Building Official for reVIew. Waste Management Plan. The B, PW Applicant/Developer shall comply with the City of Dublin Waste Management Plan Ordinance, Chapter 7.30 of the Dublin Munici al Code. Electronic File. The Applicant/Developer shall B submit all construction 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 final occu anc . Through Completion Issuance of Grading/Site- work Permit and Through Completion Issuance of Grading/Site- work Permit Issuance of Building Permits and Issuance of Final Occupancy Building Building DMC 7.30 Building 115. Fire 116. 117. Emergency Vehicle Access Easement Required. F An emergency vehicle access easement is required throu the site. Automatic Sprinklers Required. Automatic F sprinklers shall be provided throughout the building as required by the Dublin Fire Code. If the building has over 100 sprinklers, the system shall be monitored b UL listed central station. Emergency Vehicle Access During Construction. F Emergency Vehicle Access lanes for the existing building and the buildings under construction shall be maintained at all times. All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to vertical construction or combustible storage on site. Fire apparatus roadways shall have a minimum unobstructed width of 20 feet 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 ainted with labels on both sides of the street as 38 of 44 Occupancy Occupancy Combustible Construction or Combustible Storage On- site Fire Fire 118. follows: "NO STOPPING FIRE LANE - CVC 22500.1". Addressing Required. All addressing shall be reviewed and approved through a Master Sign Program. Approved numbers or addresses shall be placed on the building. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their back ound. Knox Key Box Required. Knox key boxes are required at the main entrance to the building and at the exterior entry to stairs (first floor stair doors) 4 or more stories. The Knox box shall contain a key that provides access to the building. Gates or barriers shall meet the re uirements ofthe ACFD. Uniform Building and Fire Code Compliance. The garage shall comply with Uniform Building and Fire Codes as ado ted b the City of Dublin. IT Emergency Vehicle Access During Construction. Emergency Vehicle Access lanes for the existing building and the buildings under construction shall be maintained at all times. All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to vertical construction or combustible storage on site. Fire apparatus roadways shall have a minimum unobstructed width of 20 feet 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". Knox Key Box Required. Knox key boxes are required at the main entrance to the building and at the exterior entry to stairs 4 or more stories. The Knox box shall contain a key that provides access to the building. Gates or barriers shall meet the re uirements ofthe ACFD. Addressing Required. All addressing shall be reviewed and approved through a Master Sign Program. Approved numbers or addresses shall be laced on the buildin. The address shall be 39 of 44 119. 120. 121. 122. 123. F, PL F F F F F,PL Occupancy of any Affected Building Occupancy of any Affected Building Through Completion Combustible Construction or Combustible Storage On- site Occupancy of any Affected Building Occupancy of any Affected Building Fire Fire Fire Fire Fire Fire positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their back ound. 124. Uniform Building and Fire Code Compliance. The hospital shall comply with the Uniform Fire Code as adopted by the City of Dublin for emergency vehicle access, Knox boxes, fire flow and h drant locations. DUBLIN PO 125. Non-Residential Security Ordinance. The Applicant! Developer shall comply with all applicable City of Dublin Non-Residential Security Ordinance requirements. F Through Completion Fire 126. Emergency Telephones. Emergency telephones shall be placed within the parking garage III accordance with DMC 97.32.230(h)(3). The locations of emergency telephones shall be noted on the lans. 127. Parking Garage Compliance. The parking garage shall meet all requirements set forth in DMC 97.32.230(h)(1). 128. Parking Garage Lighting. A photometric plan shall be submitted demonstrating that the lighting levels in the parking garage meet the requirements of DMC 97.32.230(c 10. 129. Parking Garage Ceilings. The parking garage ceilings shall be painted white to reflect light. A notation shall be included on the plans to this effect. 130. Closed Circuit Television (CCTV). On-site CCTV surveillance cameras shall be installed in the parking garage. Monitoring of video-taping shall be the responsibility of the property manager. The locations of cameras shall be noted on the lans. 131. Security Gates. Any security gates installed within the parking garage shall allow for emergency access by police, fire and ambulances using a keypad that can be accessed from the driver's window of the emer enc vehicle. 132. Lighting Requirements. Lighting is required over exterior entrances/doors including the service area. Exterior Ii tin used after da Ii t hours shall be 40 of 44 PO,B, PW PO,B PO,B PO,B PO,B PO,B PO,B PO,B, PW Issuance of Building Permits, Grading and Site-work Permit and On- oin Issuance of Building Permits and Occupancy Issuance of Building Permits and Occu anc Issuance of Building Permits Issuance of Building Permits and Occu anc Issuance of Building Permits and Occupancy Issuance of Building Permits and Occupancy Issuance of Building Permits, DMC 7.32.230 DMC 7.32.230 DMC 7.32.230 DMC 7.32.230 Police Police Police Police 133. adequate to provide for security needs. A lighting plan shall be submitted for review approval. The lighting plan shall provide a photometric readout with foot-candles lotted on the site. Vandal Resistant Lighting. Vandal resistant covers shall be utilized to protect all exterior lighting devices. 134. Addressing. All addressing shall be reviewed and approved through a Master Sign Program. Addressing, including suite designation and building numbers shall be visible from the approaches to the buildin . Employee Exit Doors. Employee exit doors and doors to the rear of tenant spaces shall be equipped with 180-degree viewers if there is not a burglary resistant window panel in the door from which to scan the exterior. Parking Entrances. All entrances to the parking areas shall be posted with appropriate signs per Sec. 22658(A) of the California Vehicle Code and City of Dublin Ordinance 55-87, Sec.20 and listing the Dublin Police Dept. Dispatch phone number 925 462-1212, to assist in removing vehicles at the ro ert owner's/ mana er's re uest. Theft Prevention and Security. The Applicant shall work with the Dublin Police on an ongoing basis to establish an effective theft prevention and secun ro am. Diagrammatic Map. A Diagrammatic Map shall be installed at the complex entrances. The Map shall be submitted for review and approval in conjunction with a Master Si Pro am. Security During Construction. The construction site shall be fenced and locked at all times when workers are not present. A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the Dublin Blvd. and Tassajara Rd. perimeter. The Applicant/Developer shall file a Dublin Police Emergency Contact Business Card prior to any phase of construction that will provide 24 hour hone contact numbers of ersons 41 of 44 135. 136. 137. 138. 139. PO,B, PW PO, B, PL PO,B PO,B PO PO, B, PL PO Grading and Site-work Permit and Occu anc Issuance of Building Permits, Grading and Site-work Permit and Occu anc Issuance of Building Permits and Occupancy Issuance of Building Permits and Occupancy Issuance of Building Permits and Occupancy On-going Issuance of Building Permits and Occu ancy Through Completion Police Police Police Police Police Police Police responsible for the construction site. Good security practices shall be followed with respect to storage of building materials and storage of tools at the construction site. ISTRICI S Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD olicies. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD uti lit master lannin . Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound en Illeenn ractice. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements 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 replacement. 140. 141. 142. 143. 144. 42 of 44 DSR Issuance of any building permit DSR Issuance of any building permit DSR Issuance of any building permit DSR Issuance of any building permit DSR Issuance of any building permit DSRSD DSRSD DSRSD DSRSD 145. 146. 147. 148. 149. 150. 151. Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or b offer of dedication on the Final Ma . Deleted. 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. 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 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 for SI ature b the District En ineer. 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. 148 have been satisfied. The Applicant/Developer shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the ro ' ect. 43 of 44 DSR DSR DSR DSR DSR DSR Issuance of a grading permit Issuance of any building ermit Issuance of any building permit by the City or construction permit by DSRSD Issuance of any building permit by the City or construction permit by DSRSD Issuance of construction permit On-going DSRSD DSRSD DSRSD DSRSD DSRSD DSRSD 'i~ 152. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the re uirements therein. DSR Final DSRSD Landscape Plan Approval PASSED, APPROVED AND ADOPTED this 15th day of May 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2006\06-026 Dublin Gateway Bldg 3 Mod\Public Hearing Documents\CC\CC Reso CUP SDR_done,doc 44 of 44 ....J ~ - (L en o I f'.....<'i ~ ,~ ~ r- \" c c:::> l{\~ ~ [i~ o <:> W a: ~ ~ -.J ~ 0... (f) o I w (f) <( I a... n:: w ~ z w o -.J <( o o w ~ ~ S w ~ (9 Z -.J a:l :J o " z: Z Z <i: -J Q. Z :J Q] :;) '-1 ~ ~~ ~- ~ l~ ............ ,- ...... I~ ...... ~. :-9 ~ ....c:: ~- ><: :-- ~ t: ....I ~ - c.. en o ::t: I - - w en <( ::t: c.. 0:: w ~ z w U ....I <( U - C W ~ ~ ~ w ~ C) z - ....I m ::) c ~ <( W l- I- o W ..., o ~ a.. ~ <c c I- o W ..., o ~ a. a. <( :E >- I- - Z - o - > o o o .~ ::J (/) L.. Q) a. .Q Q) > Q) o ...: o Q) ...... eo c...- ~ Q)CDO Q) ONO C=Q)O'>O "tOCco"'i co ::: '2: 0 0'> n..CO_ f'-. "0 0 ...- ai C9 co Q) 0 .S 0'> -~~g~d'; (J) Q) U <( V ...- t::.. 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M) l~odOO DHt J..l..ad~ JH1 1I~ ~UV:ll"OJ,d QI'N ~.,..a ISlItl. z ~~)t'~ i l 0 ~. F= IHI'I u :::J hl~11 5i a: ~a h ~a ~ ~ ~ ~I )tl~ (f) z h~iil & 0 ~ I ~ a~ I'!i u I ~I~h~ ;11 I a:: mUiil 0 h' 5 LL 'ill · l'i r- :!i 0 illllill S II ! z 5 ~i Ii ;1 !Sl;il ~l nn ~ Z --:I O't/OCi 't/Ci't/f't/SS't/ 1 .. II .' I l~p I.. 'i I~ t..lil U!:~ ~:Ii~ !~S~i ~~'ti ~ ~Iih .. ~ I Ii ~ ~ I ~ ~ i I ii IIILI ; lilfj !~ ~~ Ii iI ~fij ~i a l "i ! ~~ I I~ i~ ~t ~~ ~~ I~ !; !!!i !I~: I' I! Ii! Ii II ~m ~I ~h ~i ~I ..: f'oj '"1 '<I lI'I c L z h I! ,I 11 ;~ I: ,; U it J I. '" ." .. . . -. \"l1"b1$~ ORDINANCE NO. XX - 07 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A DEVELOPMENT AGREEMENT FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: Section 1. RECITALS A. The Dublin Gateway Medical Center Building 3 Hospital and Garage project (the "Project") is located within the boundaries of the Eastern Dublin Specific Plan ("Specific Plan") in an area designated Campus Office on the General Plan Land Use Element Map and Eastern Dublin Specific Plan Land Use Map with an allowance for General Commercial land uses pursuant to Planned Development Zoning. ' B. Pursuant to the California Environmental Quality Act (CEQA), Sections 15162 and 15164 provide that an addendum to a previously certified Environmental Impact Report (EIR) may be prepared when a project requires a minor technical change to an EIR and there are no new significant environmental effects and no substantial increase in the severity of previously identified significant effects. - C. A public hearing on the proposed Development Agreement was held before the Planning Commission on April 24, 2007 and May 8, 2007, for which public notice was given as provided by law. D. The Planning Commission has made its recommendation to the City Council for approval of the Development Agreement. F. A public hearing on the proposed Development Agreement was held before the City Council on May 15,2007 and June 5, 2007 for which public notice was given as provided by law. G. The City Council has considered the recommendation of the Planning Commission who considered the item at the April 24, 2007 and May 8, 2007 meetings, including the Planning Commission's reasons for its recommendation, the Agenda Statement, all comments received in writing and all testimony received at the public hearing. Section 2. FINDINGS AND DETERMINATIONS Therefore, on the basis of (a) the foregoing Recitals which are incorporated herein, (b) the City of Dublin's General Plan, (c) the Eastern Dublin Specific Plan, (e) the Eastern Dublin EIR, (d) the 1996 Mitigated Negative Declaration for the Santa Rita Property, (e) the CEQA Addendum (f) the Agenda Statement, and on the basis of the specific conclusions set forth below, the City Council finds and determines that: Page 1 of3 Attachment 4 l2"6 ~ lSt 1. The Project is consistent with the objectives, policies, general land uses and programs specified and contained in the City's General Plan and in the Eastern Dublin Specific Plan in that: (a) the General Plan and Specific Plan land use designations for the Project site are Campus Office with an allowance for General Commercial land uses pursuant to Planned Development Zoning and the proposed Project is a project consistent with those land uses; (b) the Project, as conditioned, is consistent with the fiscal policies of the General Plan and Specific Plan with respect to provision of infrastructure and public services; (c) the Project is consistent with the Stage 1 and 2 Planned Development Zoning Development Plan adopted for the Koll Dublin Corporate Center in 1998 by the City Council, as amended for the Project and approved by the City Council; and (d) the Triad Dublin Gateway L.P. Development Agreement includes provisions relating to vesting of development rights, and similar provisions set forth in the Specific Plan. 2. The Triad Dublin Gateway L.P. Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the real property is located in that the Project approvals include Planned Development Rezone and amended Stage 1 and 2 Development Plan, Conditional Use Permit and Site Development Review. 3. The Triad Dublin Gateway L.P. Development Agreement is in conformity with public convenience, general welfare and good land use policies in that the Project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and the General Plan which have planned for campus office and general commercial uses at this location. 4. The Triad Dublin Gateway L.P. Development Agreement will not be detrimental to the health, safety and general welfare in that the Project will proceed in accordance with all the programs and policies of the Eastern Dublin Specific Plan. 5. The Triad Dublin Gateway L.P. Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that the Project will be consistent with the General Plan and with the Eastern Dublin Specific Plan. Section 3. APPROVAL The City Council hereby approves the Development Agreement attached hereto as Exhibit A and authorizes the Mayor to execute it. Section 4. RECORDATION Within ten (10) days after the Development Agreement is fully executed by all parties, the City Clerk shall submit the Agreement to the County Recorder for recordation. Section 5. EFFECTIVE DATE AND POSTING OF ORDINANCE This Ordinance shall take effect and be in force thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause the Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. Page 2 of3 12- ~dQ (fog PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 5th day of June 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2006\06-026 Dublin Gateway Bldg 3 Mod\Public Hearing Documents\CC\CC Ord DA_done.doc Page 3 of3 RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee waived per GC 27383 l~Dool~j Space above this line for Recorder's use DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBLI N AND TRiAD DUBLIN GATEWAY, L.P. FOR THE DUBLIN GATEWAY MEDICAL CENTER PROJECT (HOSPITAL ALTERNATIVE) Exhibit A \olDbl~~ THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered in the City of Dublin on this 15th day of May, 2007, by and between the City of Dublin, a Municipal Corporation (hereafter "City"), and Triad Dublin Gateway, L.P., a California limited partnership (hereafter "Developer"), pursuant to the authority of SS 65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. RECITALS A. California Government Code SS 65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the City to enter into an agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and B. Developer owns fee title to four separate legal parcels of real property consisting of approximately 7.139 acres located in the City of Dublin, County of Alameda, State of California. These four parcels are sometimes referred to individually herein as Parcel 1, Parcel 2, Parcel 3 and Parcel 4, respectively. The property subject to this Agreement consists of Parcel 3 and Parcel 4, the size of which is 3.13 total acres and which is legally described in Exhibit A attached hereto (the "Property"). Parcel 1, Parcel 2, Parcel 3 and Parcel 4 are sometimes each individually referred to herein as a "Parcel" and collectively as the "Parcels"; and C. On February 28,2005, the City granted a Vesting Tentative Parcel Map for Tract 8524 for Dublin Gateway Medical Center (Community Development Director Resolution No. 05-01) and on January 25, 2005, the City granted a Conditional Use Permit (Planning Commission Resolution No.05-06) and Site Development Review (Planning Commission Resolution No.05-06) for the development of the Parcels (these approvals are hereinafter collectively referred to as the "Original Approvals"). Under these Original Approvals, the original plan was to develop the Parcels in two phases, with Phase I consisting of two medical/professional office buildings totaling approximately 120,000 square feet, and Phase II consisting of a third approximately 58,000 square-foot medical/professional office building of three stories and a 427-space, 4-level parking structure. Building 1 on Parcel 1 is approximately 65,295 square feet, Building 2 on Parcel 2 is approximately 57,786 square feet and Building 3 on Parcel 3 is approximately 58,000 square feet. Phase I and Phase II of the project, as configured under the Original Approvals, are depicted on the Site Plan attached hereto as Exhibit C. The plan proposed by the Original Approvals is commonly referred to as the "Dublin Gateway Medical Center"; and D. Developer has completed construction of Phase I contemplated under the Original Approvals. Developer now desires to provide for an alternate Dublin/Triad Dublin Gateway, L.P. Development Agreement Page 2 of 16 for the Dublin Gateway Medical Center Project June 5, 2007 CLEAN_DA Dublin Gateway Medical Center_041007.DOC \3l~ I$Z Phase II development plan, which will provide the Developer with the flexibility to develop either the original Phase II plan, as described in Recital C (the "Original Plan") or the alternate Phase II development plan (the "Alternate Plan"). The Alternate Plan consists of a six-story, approximately 168,000 square-foot, 100- bed hospital building and a five-level parking structure, of which one level will be located below-ground. The Site Plan for the Alternate Plan, which also depicts Phase I of the Project, is attached hereto as Exhibit D. Developer has applied for, and City has approved or is processing various land use approvals in connection with the Alternate Plan, including a Conditional Use Permit (City Council Resolution No. _), a Site Development Review (City Council Resolution No._), and an amended Stage 1 and Stage 2 Development Plan (Planning Commission Resolution No._), (collectively, together with any approvals or permits now or hereafter issued with respect to the Project, the "Alternate Approvals"). Any reference in the remainder of this Agreement to the "Project" or to the "Hospital" shall mean the development contemplated in the Alternate Plan that was approved by the Alternate Approvals. In addition, any reference in this Agreement to the Project shall mean and include the Property, and any reference in this Agreement to the Property shall mean and include the Project; and E. City desires the timely, efficient, orderly and proper development of the Project; and F. The Property is located within the Eastern Dublin Specific Plan and General Plan Amendment area. The Eastern Dublin Specific Plan requires Developer to enter into this development agreement for the development of the Project contemplated in the Alternate Approvals, and City has agreed to extend the term of the Agreement beyond the standard five-year term that the City offers for development agreements required by the Eastern Dublin Specific Plan in exchange for the Developer's making a community benefit payment to the City, as set forth in Exhibit B. A previous development agreement satisfies the Eastern Dublin Specific Plan's development agreement requirement as to the Original Approvals. The City Council has found that, among other things, this Agreement, which applies to the Alternate Approvals, is consistent with the General Plan and the Eastern Dublin Specific Plan, and has been reviewed and evaluated in accordance with Chapter 8.56; and G. The Project is located in the Dublin General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, for which a Program EIR was certified pursuant to the California Environmental Quality Act (CEQA) (SCH No. 91-103064, Resolution 53-93); the City also approved a Mitigated Negative Declaration (SCH No. 1996082092) for the Santa Rita Specific Plan Amendment, of which the Project is a part (collectively, "CEQA Compliance Documentation"). The City prepared an Initial Study for the Project to determine Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 2 of 16 June 5, 2007 J~~~ {~S whether supplemental environmental impacts would occur as a result of the project beyond or different from those already addressed in the CEQA Compliance Documentation, and concluded that it did not. Thus, an Addendum has been prepared in accordance with CEQA Guidelines Sections 15162 and 15164 (City Council Resolution No._). H. City and Developer have reached agreement, and desire to express herein a development agreement that will facilitate development of the Alternate Plan subject to conditions set forth herein; and I. On ,2007, the City Council of the City of Dublin adopted Ordinance No. _ -_approving this Agreement. The Ordinance took effect on , 2007 ("the Approval Date"). NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants contained herein, City and Developer agree as follows: AGREEMENT 1. Description of Property. The Property that is the subject of this Agreement is described in Exhibit A attached hereto. 2. Interest of Developer. The Developer has a legal or equitable interest in the Property in that it owns or holds a right to purchase the Property. 3. Relationship of City and Developer. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by City and Developer, and that the Developer is not an agent of City. The City and Developer hereby renounce the existence of any form of joint venture or partnership between them. Nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Developer joint venturers or partners. 4. Effective Date and Term. 4.1. Effective Date. The effective date of this Agreement shall be the date ("the Effective Date") upon which this Agreement is signed by the City. Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 3 of 16 June 5, 2007 l~Ll~lS~ 4.2. Term. The "Term" of this Agreement shall commence on the Effective Date and extend ten (10) years thereafter, unless said Term is otherwise terminated or modified by circumstances set forth in this Agreement. 5. Use of the Property. 5.1. Rioht to Develop. Developer shall have the vested right to develop and use the Project on the Property in accordance with the terms and conditions of this Agreement, the Alternate Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant to this Agreement. 5.2. Permitted Uses. The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location and maintenance of on-site and off-site improvements, location of public utilities (operated by City) and other terms and conditions of development applicable to the Property, shall be those set forth in this Agreement, the Alternate Approvals and any amendments to this Agreement or the Alternate Approvals. 5.3. Additional Conditions. Provisions for the following ("Additional Conditions") are set forth in Exhibit B attached hereto and incorporated herein by reference. 5.3.1. Subsequent Discretionary Approvals. Conditions, terms, restrictions, and requirements for subsequent discretionary actions. (These conditions do not affect Developer's responsibility to obtain all other land use approvals required by the ordinances of the City of Dublin to be obtained from other regulatory agencies.) Currently, no future discretionary approvals (beyond the Alternate Approvals) are needed from City to develop the Project. None 5.3.2. Mitioation Conditions. Additional or modified conditions agreed upon by the parties in order to eliminate or mitigate adverse environmental impacts of the Project or otherwise relating to development of the Project. See Exhibit B 5.3.3. Phasino, Timino. Provisions that the Project be constructed in specified phases, that construction shall commence within a specified time, and that the Project or any phase thereof be completed within a specified time. Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 4 of 16 June 5, 2007 '~6 'b \"& See Exhibit B 5.3.4. FinancinQ Plan. Financial plans which identify necessary capital improvements such as streets and utilities and sources of funding. See Exhibit B 5.3.5. Fees. Dedications. Terms relating to payment of fees or dedication of property. See Exhibit B 5.3.6. Reimbursement. Terms relating to subsequent reimbursement over time for financing of necessary public facilities. See Exh i bit B 5.3.7. Miscellaneous. Miscellaneous terms. See Exhibit B 6. Applicable Rules. Requlations and Official Policies. 6.1. Rules re Permitted Uses. For the Term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the effective date of this Agreement. 6.2. Rules re Desiqn and Construction. Unless otherwise expressly provided in paragraph 5 of this Agreement, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to the Project shall be those in force and effect at the time of the applicable discretionary approval, whether the date of that approval is prior to or after the effective date of this Agreement. Currently, no future discretionary approvals (beyond the Alternate Approvals) are needed from City to develop the Project. Ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable discretionary approval, whether that date of approval is prior to or after the date of this Agreement. 6.3. Uniform Codes Applicable. Unless expressly provided in paragraph 5 of this Agreement, the Project shall be constructed in accordance Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 5 of 16 June 5, 2007 \~~OOl~& with the provisions of the Uniform Building, Mechanical, Plumbing, Electrical and Fire Codes and Title 24 of the California Code of Regulations, relating to Building Standards, in effect at the time of approval of the appropriate building, grading, or other construction permits for the Project. 7. Subsequently Enacted Rules and ReQulations. 7.1. New Rules and ReQulations. During the Term of this Agreement, the City may apply new or modified ordinances, resolutions, rules, regulations and official policies of the City to the Property which were not in force and effect on the effective date of this Agreement and which are not in conflict with those applicable to the Property as set forth in this Agreement if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent, impose a substantial financial burden on, or materially delay development of the Property as contemplated by this Agreement and the Alternate Approvals, and (b) if such ordinances, resolutions, rules, regulations or official policies have general applicability. 7.2. Approval of Application. Nothing in this Agreement shall prevent the City from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies except that such subsequent actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein. 7.3. Moratorium Not Aoolicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by action of City, by initiative, referendum, or otherwise, that imposes a building moratorium, a limit on the rate of development or a voter- approval requirement which affects the Project on all or any part of the Property, such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Alternate Approvals, unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Government Code S 8558. 8. Subsequently Enacted or Revised Fees, Assessments and Taxes. 8.1. Fees, Exactions. Dedications. City and Developer agree that the fees payable and exactions required in connection with the development of the Project for purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project and complying with the Eastern Dublin Specific Plan shall be those set forth in the Alternate Approvals and in this Agreement (including Exhibit B). The City shall not impose or require payment of any other fees, dedications of land, or construction of any public improvement or Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 6 of 16 June 5, 2007 l~lDb li'~ facilities, shall not increase or accelerate existing fees, dedications of land or construction of public improvements, or impose other exactions in connection with the Alternate Approvals or any subsequent discretionary approval for the Property, except as set forth in the Alternate Approvals and this Agreement (including Exhibit B, subparagraph 5.3.5). 8.2. Revised Application Fees. Any existing application, processing and inspection fees that are revised during the Term of this Agreement shall apply to the Project provided that (1) such fees have general applicability; (2) the application of such fees to the Property is prospective only; and (3) the application of such fees would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. Developer has no vested right against such revised application, processing and inspection fees, but Developer does not waive its right to challenge the legality of any such application, processing and/or inspection fees under the controlling law then in place. 8.3. New Taxes. Any subsequently enacted city-wide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent, impose a substantial financial burden on, or materially delay development in accordance with this Agreement. Developer has no vested right against such new taxes, but Developer does not waive its right to challenge the legality of any such taxes under the controlling law then in place. 8.4. Assessments. Nothing herein shall be construed to relieve the Property from assessments levied against it by City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 8.5. Vote on Future Assessments and Fees. In the event that any assessment, fee or charge which is applicable to the Property is subject to Article XIIID of the Constitution and Developer does not return its ballot, City may, only after providing reasonable notice to Developer (30 days minimum) of the assessment, fee or charge, count Developer's ballot as affirmatively voting in favor of such assessment, fee or charge. 9. Amendment or Cancellation. 9.1. Modification Because of Conflict with State or Federal Laws. In the event that state or federal laws or regulations enacted after the effective date of this Agreement prevent or preclude compliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 7 of 16 June 5, 2007 t~~Ub l ~g modify this Agreement to comply with such federal or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 8.56. 9.2. Amendment by Mutual Consent. This Agreement may be amended in writing from time to time by mutual consent of the parties hereto and in accordance with the procedures of state law and Chapter 8.56. 9.3. Insubstantial Amendments. Notwithstanding the provisions of the preceding subparagraph 9.2, any amendments to this Agreement which do not relate to (a) the Term of the Agreement as provided in subparagraph 4.2; (b) the permitted uses of the Property as provided in subparagraph 5.2; (c) provisions for "significant" reservation or dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (f) the maximum height or size of proposed buildings; or (g) monetary contributions by Developer as provided in this Agreement, shall not, except to the extent otherwise required by law, require notice or public hearing before either the Planning Commission or the City Council before the parties may execute an amendment hereto. City's Public Works Director shall determine whether a reservation or dedication is "significant" . 9.4. Cancellation by Mutual Consent. Except as otherwise permitted herein, this Agreement may be canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.56. Any fees paid pursuant to subparagraph 5.3 and Exhibit B of this Agreement prior to the date of cancellation shall be retained by City. 10. Term of Alternate Approvals. . Notwithstanding Dublin Municipal Code section 8.96.020.D, the term of all of the Alternate Approvals shall be extended to and until the end of the Term of this Agreement. 11. Annual Review. 11.1. Review Date. The annual review date for this Agreement shall be between July 15 and August 15, 2008 and each July 15 to August 15 thereafter. 11.2. Initiation of Review. The City's Community Development Director shall initiate the annual review, as required under Section 8.56.140 of Chapter 8.56, by giving to Developer thirty (30) days' written notice that the City intends to Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 8 of 16 June 5, 2007 1 :I1't t ~ ~ undertake such review. Developer shall provide evidence to the Community Development Director prior to the hearing on the annual review, as and when reasonably determined necessary by the Community Development Director, to demonstrate good faith compliance with the provisions of the Agreement. The burden of proof by substantial evidence of compliance is upon the Developer. 11.3. Staff Reports. To the extent practical, City shall deposit in the mail and fax to Developer a copy of all staff reports, and related exhibits concerning contract performance at least five (5) days prior to any annual review. 11.4. Costs. Costs reasonably incurred by City in connection with the annual review shall be paid by Developer in accordance with the City's schedule of fees in effect at the time of review. 12. Default. 12.1. Other Remedies Available. Upon the occurrence of an event of default, the parties may pursue all other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. 12.2. Notice and Cure. Upon the occurrence of an event of default by either party, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of such notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within such thirty (30) day period and diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3. No Damaqes Aqainst City. In no event shall damages be awarded against City upon an event of default or upon termination of this Agreement. 13. Estoppel Certificate. Either party may, at any time, and from time to time, request written notice from the other party requesting such party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the parties, (b) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (c) to the knowledge of the certifying party the requesting party is not in default in the performance of its Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 9 of 16 June 5, 2007 I LfD Db r~3 obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. City Manager of City shall be authorized to execute any certificate requested by Developer. Should the party receiving the request not execute and return such certificate within the applicable period, this shall not be deemed to be a default, provided that such party shall be deemed to have certified that the statements in clauses (a) through (c) of this paragraph are true, and any party may rely on such deemed certification. 14. Mortqaqee Protection: Certain Riqhts of Cure. 14.1. Mortqaqee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. 14.2. Mortqaqee Not Obliqated. Notwithstanding the provisions of subparagraph 14.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or complete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Alternate Approvals or by this Agreement. 14.3. Notice of Default to Mortqaqee and Extension of Riqht to Cure. If City receives notice from a Mortgagee requesting a copy of any notice of default given Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed an event of default. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the City's notice. City, through its City Manager, may extend the thirty-day cure period Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 10 of 16 June 5, 2007 ltfl~ (~! provided in subparagraph 12.2 for not more than an additional sixty (60) days upon request of Developer or a Mortgagee. 15. Severability. The unenforceability, invalidity or illegality of any provisions, covenant, condition or Term of this Agreement shall not render the other provisions unenforceable, invalid or illegal. 16. Attorneys' Fees and Costs. If City or Developer initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the Alternate Approvals, the parties shall cooperate in defending such action. Developer shall bear its own costs of defense as a real party in interest in any such action, and shall reimburse City for all reasonable court costs and attorneys' fees expended by City in defense of any such action or other proceeding. 17. Transfers and Assiqnments. 17.1 Developer's Riqht to Assiqn. All of Developer's rights, interests and obligations hereunder may be transferred, sold or assigned in conjunction with the transfer, sale, or assignment of the Property subject hereto, or any portion thereof, at any time during the Term of this Agreement, provided that no transfer, sale or assignment of Developer's rights, interests and obligations hereunder shall occur without the prior written notice to City and approval by the City Manager of City, which approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within ten (10) working days after Developer's notice is given to City and receipt by City Manager of all necessary documents, certifications and other information required by City Manager to decide the matter. In considering the request, the City Manager shall base the decision upon the proposed assignee's reputation, experience, financial resources and access to credit and capability to successfully carry out the development of the Property to completion. The City Manager's approval shall be for the purposes of: (a) providing notice to City; (b) assuring that all obligations of Developer are fully allocated as between Developer and the proposed purchaser, transferee or assignee; and (c) assuring City that the proposed purchaser, transferee or assignee is capable of performing Developer's obligations hereunder not withheld by Developer pursuant to Paragraph 17.3. Notwithstanding the foregoing, provided notice is given as Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 11 of 16 June 5, 2007 l L.f- 2. Db l~~ specified in Paragraph 23, no City approval shall be required for any transfer, sale, or assignment of this Agreement to: (1) any entity which either (i) is an affiliate or subsidiary of Developer or (ii) results from the merger of Developer or its parent or is the purchaser of all, or substantially all, of the assets of Developer or its parent; (2) any Mortgagee; or (3) any transferee of a Mortgagee. 17.2 Release Upon Transfer. Upon the transfer, sale, or assignment of all of Developer's rights, interests and obligations hereunder pursuant to Paragraph 17.1 of this Agreement, Developer shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assignment; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of Developer under this Agreement, Developer shall be released with respect to all such rights, interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject to all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 17.3 Developer's Riqht to Retain Specified Riqhts or Obliqations. Notwithstanding Paragraphs 17.1 and 17.2 and Paragraph 18, Developer may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which Developer shall retain, provided that Developer specifies such rights, interests and/or obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. Developer's purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to Developer with respect to such retained rights, interests and/or obligations. 18. Aqreement Runs with the Land. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Agreement shall be enforceable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit of such properties and is Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 12 of 16 June 5, 2007 \ 4?>db l1~ a burden upon such properties, (b) runs with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon each party and its property hereunder and each other person succeeding to an interest in such properties. Developer may assign its benefits and burdens under this Agreement, subject to the provisions set forth above in paragraph 16 of this Agreement. 19. Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy. 20. Indemnification. Developer agrees to indemnify, defend and hold harmless City, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and costs) and liability for any personal injury or property damage which may arise directly or indirectly as a result of any actions or inactions by the Developer, or any actions or inactions of Developer's contractors, subcontractors, agents, or employees in connection with the construction, improvement, operation, or maintenance of the Project, provided that Developer shall have no indemnification obligation with respect to negligence or wrongful conduct of City, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the City or another public entity (except as provided in an improvement agreement or maintenance bond). If City is named as a party to any legal action, City shall cooperate with Developer, shall appear in such action and shall not unreasonably withhold approval of a settlement otherwise acceptable to Developer. 21. Insurance. 21.1. Public Liability and Property DamaQe Insurance. During construction of the Project, Developer shall maintain in effect a policy of comprehensive general liability insurance with a per-occurrence combined single limit of not less than One Million Dollars ($1,000,000.00). The policy so maintained by Developer shall name the City as an additional insured and shall include either a severability of interest clause or cross-liability endorsement. 21.2. Workers Compensation Insurance. During construction, Developer shall maintain Worker's Compensation insurance for all persons employed by Developer for work at the Project site. Developer shall require each contractor Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 13 of 16 June 5, 2007 I '11..( "b l ~ Z and subcontractor similarly to provide Worker's Compensation insurance for its respective employees. Developer shall indemnify the City for any damage resulting from Developer's failure to maintain any such insurance. 21.3. Evidence of Insurance. Prior to City Council approval of this Agreement, Developer shall furnish City satisfactory evidence of the insurance required in subparagraphs 20.1 and 20.2 and evidence that the carrier is required to give the City at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the City, its elective and appointive boards, commissions, officers, agents, employees and representatives and to Developer performing work on the Project. 22. Sewer and Water. Developer acknowledges that it must obtain water and sewer permits from the Dublin San Ramon Services District ("DSRSD") which is another public agency not within the control of City. 23. Notices. 23.1. All notices required or provided for under this Agreement shall be in writing. Notices required to be given to City shall be addressed as follows: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 FAX No. (925) 833-6651 Notices required to be given to Developer shall be addressed as follows: Joseph D. Carroll Triad Partners, Inc. 8001 Irvine Center Drive, Suite 1000 Irvine, CA 92618 FAX No. (949) 679-4242 A party may change address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 48 hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 14 of 16 June 5, 2007 146 ~\t. following day or by facsimile transmission which shall be deemed given upon verification of receipt. 24. Recitals. The foregoing Recitals are true and correct and are made a part hereof. 25. Aqreement is Entire Understandinq. This Agreement constitutes the entire understanding and agreement of the parties. 26. Exhibits. The following documents are referred to in this Agreement and are attached hereto and incorporated herein as though set forth in full: Exhibit A Legal Description of Property Exhibit B Additional Conditions Exhibit C Site Plan of Phase I and II Under the Original Approvals Exhibit D Site Plan of Phase I and II Under the Alternate Approvals 27. Counterparts. This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. 28. Recordation. City shall record a copy of this Agreement within ten days following execution by all parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. CITY OF DUBLIN: By: Date: Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC Page 15 of 16 June 5, 2007 Janet Lockhart, Mayor ATTEST: By: Date: Fawn Holman, City Clerk APPROVED AS TO FORM: Elizabeth H. Silver, City Attorney TRIAD DUBLIN GATEWAY, L.P., a California limited partnership By: Triad Partners, Inc., a California corporation, General Partner By: Joseph D. Carroll, President By: Richard T. Needham, Senior Vice President (NOTARIZATION ATTACHED) Dublin/Triad Dublin Gateway, L.P. Development Agreement for the Dublin Gateway Medical Center Project CLEAN_DA Dublin Gateway Medical Center_041007.DOC \4~ "biit Page 16 of 16 June 5, 2007 Exhibit A Legal Description of the Property Parcels 3 and 4, as shown on Parcel Map 8524, filed November 23, 2005, in book 286 of Parcel Maps, pages 38-41 in the Office of the Recorder of Alameda County. Assessor Parcel Numbers 986-0016-021 and 986-0016-022, respectively. Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT A I '-l1 tfbl t, 14~"bl~( EXHIBIT B Additional Conditions The following Additional Conditions are hereby imposed pursuant to paragraph 5.3 of this Agreement. Subparaaraph 5.3.1 -- SubseQuent Discretionary Approvals None. Subparaaraph 5.3.2 -- Mitiaation Conditions Subsection a. Infrastructure SeQuencina Proaram The Infrastructure Sequencing Program for the Project is set forth below. (i) Roads: The project-specific roadway improvements (and offers of dedication) identified in Resolution No. 07-_ of the City Council of the City of Dublin approving Site Development Review (hereafter "SDR Resolution") shall be completed by Developer to the satisfaction of the Public Works Director at the times and in the manner specified in the SDR Resolution unless otherwise provided below. All such roadway improvements shall be constructed to the satisfaction and requirements of City's Public Works Director. (ii) Sewer. All sanitary sewer improvements to serve the project site (or any recorded phase of the Project) shall be completed in accordance with DSRSD requirements. (iii) Water. An all weather roadway and an approved hydrant and water supply system shall be available and in service at the site in accordance with the tentative map conditions of approval to the satisfaction and requirements of the City's fire department. All potable water system components to serve the project site shall be completed in accordance with the DSRSD requirements. Recycled water lines shall be installed in accordance with the SDR Resolution. (iv) Storm Drainaae. Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B ) '-tq Db \t ~ (A) The storm drainage systems off-site, as well as on- site drainage systems for the areas to be occupied, shall be improved consistent with the Drainage Plan and conditions of approval and to the satisfaction and requirements of the Dublin Public Works Department applying City's and Zone 7 (Alameda County Flood Control and Water Conservation District, Zone 7) standards and policies which are in force and effect at the time of issuance of the permit for the proposed improvements. Pursuant to Alameda County's National Pollution Discharge Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board, 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. (v) Other Utilities (e.a. aas. electricity, cable televisions. telephone) Construction shall be completed by phase prior to issuance of the first Certificate of Occupancy for any building within that specific phase of occupancy. Subsection b. Miscellaneous (i) Completion May Be Deferred. Notwithstanding the foregoing, City's Public Works Director may, in his or her sole discretion and upon receipt of documentation in a form satisfactory to the Public Works Director that assures completion, allow Developer to defer completion of discrete portions of any public improvements for the Project if the Public Works Director determines that to do so would not jeopardize the public health, safety or welfare. Subparaaraph 5.3.3 -- Phasina. Timina This Agreement contains no requirements that Developer must initiate or complete development of the Project within any period of time set by City. It is the intention of this provision that Developer be able to develop the Property in accordance with its own time schedules and the Alternate Approvals. Subparaaraph 5.3.4 -- Financina Plan Developer will install all improvements necessary for the Project at its own cost (subject to credits for any improvements which qualify for credits as provided in subparagraph 5.3.6 below). Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B \57) Db It-t Other infrastructure necessary to provide sewer, potable water, and recycled water services to the Project will be made available by the Dublin San Ramon Services District. Developer will enter into an "Area Wide Facilities Agreement" with the Dublin San Ramon Services District to pay for the cost of extending such services to the Project. Such services shall be provided as set forth in subparagraph 5.3.2(a)(ii) and (iii) above. Subparaaraph 5.3.5 -- Fees, Dedications Subsection a. Traffic Impact Fees. Developer shall pay the Eastern Dublin Traffic Impact Fee ("TIF") established by Resolution No. 111-04, including any future amendments to such fee. Developer will pay such fees, in cash or credits: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the impact fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the impact fee in effect at time of building permit issuance for the parking structure. Developer further agrees that it will pay eleven percent (11 %) of the "Section 1/Category 1" portion of the TI F in cash. Developer also agrees that it will pay twenty-five percent (25%) of the "Section 2/Category 2" portion of the TIF in cash. If City amends its TIF fee and as a result the City's outstanding balance due on loans is less than 25% of total Section 2/Category 2 improvements, the Developer shall pay such reduced percentage of the "Section 2/Category 2" portion of the TIF in cash. Subsection b. Traffic Impact Fee to Reimburse Pleasanton for Freewav Interchanaes. Developer shall pay the Eastern Dublin 1-580 Interchange Fee established by City of Dublin Resolution No. 11-96 as amended by Resolution No. 155-98 and by any subsequent resolution which revises such Fee. Developer will pay such fee: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the impact fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the impact fee in effect at time of building permit issuance for the parking structure. Subsection c. Public Facilities Fees. Developer shall pay a Public Facilities Fee established by City of Dublin Resolution No. 214-02, including any future amendments to such fee. Developer will pay such fees: 1) no later than the time of issuance of grading/sitework Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B 151~ l$~ permits for the hospital building and in the amount of the fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the fee in effect at time of building permit issuance for the parking structure. Subsection d. Noise Mitiaation Fee. Developer shall pay a Noise Mitigation Fee established by City of Dublin Resolution No. 33-96, including any future amendments to such fee. Developer will pay such fees: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the fee in effect at time of building permit issuance for the parking structure. Subsection e. School Impact Fees. School impact fees shall be paid by Developer in accordance with Government Code section 53080 and the agreement between Developer's predecessor in interest and the Dublin Unified School District regarding payment of mitigation fees. Subsection f. Fire Impact Fees. Developer shall pay a fire facilities fee established by City of Dublin Resolution No. 12-03 including any future amendments to such fee. Developer will pay such fees: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the impact fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the impact fee in effect at time of building permit issuance for the parking structure. Subsection g. Tri-Valley Transportation Development Fee. Developer shall pay the Tri-Valley Transportation Development Fee in the amount and at the times set forth in City of Dublin Resolution No. 89-98 or any subsequent resolution which revises such fee. Developer will pay such fees: 1) no later than the time of issuance of grading/sitework permits for the hospital building and in the amount of the fee in effect at time of grading/sitework permit for the hospital building; and 2) no later than the time of issuance of building permits for the parking structure and in the amount of the fee in effect at time of building permit issuance for the parking structure. Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B ISl'b l~t Subparaaraph 5.3.6 -- Credit Subsection a. Traffic Impact Fee Improvements -- Credit City shall provide a credit to Developer for those improvements described in the resolution establishing the Eastern Dublin Traffic Impact Fee if such improvements are constructed by the Developer in their ultimate location. All aspects of the credit shall be covered by City's Administrative Guidelines for Eastern Dublin Traffic Impact Fees (Resolution No. 23-99 ("TIF Guidelines")). Subsection b. Traffic Impact Fee Riaht-of-Way Dedications -- Credit City shall provide a credit to Developer for any TIF area right-of-way to be dedicated by Developer to City which is required for improvements which are described in the resolution establishing the Eastern Dublin Traffic Impact Fee. All aspects of the credits shall be governed by the TIF Guidelines. Subparaaraph 5.3.7 - Miscellaneous Subsection a. Community Benefit Payment. Developer, as a means of ensuring compliance with Section 10.4 and Policy 10-1 of the Eastern Dublin Specific Plan, has offered to pay to City a community benefit payment in the amount of two million ninety-three thousand eight-hundred and seventy-two dollars ($2,093,872.00) (the "Community Benefit Payment"). The EIR prepared for the Eastern Dublin EIR assumed that project- generated revenues, including property tax revenues, would be sufficient to pay for city services necessary to serve new development and determined that no mitigations were necessary. The Community Benefit Payment is designed to mitigate the potential impact of the loss of property tax that may result if the owner or operator of the Hospital were to apply for a property tax exemption and the Hospital were to be taken off the property tax rolls. Therefore, in addition to any other fees and payments due and payable, Developer hereby agrees to, at the time of the issuance of a grading permit to facilitate the construction of the Hospital under the Alternate Plan, make the Community Benefit Payment, which shall be non-refundable. If Developer fails to make the Community Benefit Payment as set forth in this subsection, then Developer agrees that the City may withhold the issuance of such grading permit. Notwithstanding the foregoing, Developer shall not be required to make the Community Benefit Payment at the time of the issuance of a grading permit to facilitate the construction of the Hospital under the Alternate Plan, if Developer provides evidence satisfactory to the City Manager that the owner of the Property, when the Hospital commences operation, will not be eligible for a welfare exemption under Revenue and Taxation Code section 214. However, if during the Term of this Agreement the Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B \?~ 'b lf1i Property becomes exempt from taxation under Revenue and Taxation Code section 214, then Developer shall be obligated to make the Community Benefit Payment. Developer, on behalf of itself and its approved successors and assigns, acknowledges that failure to pay the Community Benefit Payment as required by this subsection shall constitute grounds for revocation of the Hospital Conditional Use Permit referenced in Recital D. Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT B ...... . .._-....._-*~ \' \i t ]' "\ t '" ";,, ~" . ' t , V < ..<< 1[', 1 llj I r~." .",."'.,'.".,."'."t",::-,.m,.._........,....',.""'"".",............... JJ['~ i.. .1 I ., . T" ',',' "; 111111111111111 r'llrrr'rrrlll , / JJ EXHIBIT C Site Plan of Phase I and II Under the Original Approvals 'i<' ,f""" mill ',~, ,'" "'m~ ,',""",,, =','.' =~=v~, m. ............ .W,o. ~, . .-...- ..... ="...."....~. .- I DUBUN GATEWAY MEDiCAl CENTER ~__1II1l1 Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT C )$ *"b 11 t: :'Nj ',' ',:," ~~~: j r q; I~ .... EXHIBIT D Site Plan of Phase I and Phase II Under the Alternate Approvals DUBLIN BOULEVARD .. .... ~... ... ') Dublin/Triad Dublin Gateway, L.P. Development Agreement For the Dublin Gateway Medical Center Project-EXHIBIT D t 5S'a:o t ~~ t:::l C3 Q:: ~ ~ t;!i tI) ~ \5lP ~ \~- Amended by Resolution 04-55 by the Planning Commission on August 24. 2004 (P A 03-064) Amended by Resolution 05-06 by the Planning Commission on January 25. 2005 (P A 04-046) Amended by Ordinance by the City Council on . 2007 (P A 06-026) EXHIBIT A DEVELOPMENT PLAN General Provisions This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for the Koll Corporate Center project, located on the south side of Dublin Boulevard, east of Tassajara Creek, West of Tassajara Road, and north of Interstate 580 (APN 986-0001-001- 10, portion). This Development Plan meets all of the requirements for Stage 1 and Stage 2 review of the project. This Development Plan is also represented by the Tentative Map and Site Development Review plans, the Landscape Plans, other plans, exhibits, and vmtten statements contained in the document dated recei'/ed October 30, 1998, labeled Exhibit fo. 1 to the Resolution approving this Deyelopment Plan (City Council Rcsotution .\'0. 98 ), and on file in the Planning Department. The Planned De'/elopment District allows the flexibility needed to encourage innovative de'/elopment v/hile ensuring that the goals, policies and action programs of the General Plan, Eastern Doolin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinanee are satisfied. This Development Plan was subsequently amended by Plannim! Commission Resolution 04-55 for the Ulferts Center project on Aug:ust 24. 2004. The amendments included the removal of the hotel desig:nation on Lots 1 and 2 and allowed for the development of retail commercial uses on the entire property. This Development Plan was subsequently amended for the Dublin Gateway Medical Center project on January 25. 2005. The amendment allowed for massag:e establishments in conjunction with physical therapy to be a permitted use. rather than conditional use. consistent with the reg:ulations set forth in the Dublin Zoning: Ordinance. This Development Plan was subsequently amended for the Dublin Gateway Medical Center Building: 3 Hospital and Garag:e project on rINSERT DATE1. 2007. The amendments allowed for am alternative development project on a portion of Lot 7 of Map 7064 otherwise known as Lots 3 & 4 of Map 8524: an increase in square footag:e on Lot 7 of Map 7064: revisions to the site plan and landscape plan: and. revisions to the development reg:ulations. This Development Plan is also represented by the following: . Tentative Map 7064 and Site Development Review plans, Landscape plans, and other plans, exhibits, and written statements contained in the document dated received October 30, 1998, labeled Exhibit A-I to the Ordinance approving this Development Plan (City lof8 Attachment 5 '51Jb'~~ Amended by Resolution 04-55 by the Planning Commission on August 24. 2004 (P A 03-064) Amended by Resolution 05-06 by the Planning Commission on January 25. 2005 (P A 04-046) Amended by Ordinance by the City Council on . 2007 (P A 06-026) Council Ordinance No. 22-98), on file in the Planning Division. . Site Development Review plans, Landscape plans, and other plans, exhibits and written statements relating to the proiect approved as part of Planning Commission Resolution 04-55 for the Ulferts Center (P A 03-064), on file in the Planning Division. . Tentative Map 8524 and Site Development Review plans, Landscape plans, and other plans, exhibits and written statements relating to the proiect approved as part of Planning Commission Resolution 05-06 for the Dublin Gateway Medical Center (P A 04-046), on file in the Planning Division. . Site Development Review plans, Landscape plans, and other plans, exhibits and written statements relating to the proiect approved as part of Ordinance rINSERT ORDINANCE NO.1 for the Dublin Gateway Medical Center Building 3 Hospital and Garage (PA 06- 026), on file in the Planning Division. This Planned Development Zoning District, as amended, allows the flexibility needed to encourage innovative development while ensuring that the goals, volicies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. 1. Permitted Uses. The following uses are permitted for this "PD / C-2 / C-O" (planned Development/General Commercial/Campus Office) Zoning District site.': a) Banks & Financial Services; b) Contractor's Office; c) Copying & Blueprinting; d) Eating & Drinking Establishments; e) Health Services/Clinics; f) Laboratory; g) Professional! Administrative Offices; h) Parking Lot/Garage - Commercial; i) Retail- General; j) Retail- Neighborhood; k) Retail- Service; I) Day Care of 14 or fewer children; m) School- trade school, college, university; n) Similar and related uses as determined by the Director of Community Development; and, 0) Massage Establishments, in coni unction with physical therapy. Amended bv PC Reso. 05-06 (01/25/05) *See "**NOTE" on PaJ!e 5 reJ!ardinJ! uses on Lot 3 of Map 8524. 2of8 liS 2. Conditional Uses.~ a) AutomobileN ehicle Brokerage, Rental; b) Building Materials Sales; c) Mini-Storage; d) Storage of petroleum products for on-site use; e) Warehousing and distribution; f) Community Facility; g) Massage Establishments, in conjunction with a gymnasiumlhealth club, physical therapy; Amended bv PC Reso. 05-06 (01/25/05) h) Day Care Center - 15+ children; i) Outdoor Mobile Vendor; j) Outdoor Seating; k) Temporary Outdoor Sale not related to on-site established business (sidewalk sale); I) Caretaker Residence; m) HospitallMedical Center; n) Animal Sales and Services; 0) Auction Yard; p) AutomobileN ehicle Sales and Service; q) Bed and Breakfast inn; r) Car Wash/Detailing; s) Community Care Facility - Large; t) Dance Floor; u) Drive-in/Drive-through business; v) HotellMotel; w) Plant Nursery; x) Recreational Facility/Indoor; y) Recreational Facility/Outdoor; z) Retail- outdoor storage; aa) Service Station; bb) Shopping Center; and, cc) Similar and related uses as determined by the Director of Community Development. *See "**NOTE" on PaJ!e 5 reJ!ardinJ! uses on Lot 3 of MaD 8524. 3. Dublin Zoning Ordinance, Applicable Requirements. Except as specifically modified by the provisions of this PD District Rezone/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land 3of8 ~~t uses designated in this PD District Rezone. 4. Site Plan & Architecture. See attached site and eleyation plans contained in Exhibit }.. 1, Deyelopment Plan. This Deyelopment Plan applies to the approximately 37 aer6 site sho':m on this plan on the south side of Dublin Boulevard, west side of Tassajara Road. This Development Plan applies to the approximately 37-acre site generally located south of Dublin Boulevard. north of Interstate 580. west of Tassaiara Road and east of John Monego Court. Any modifications to the project, or development on the future hotel/retail site (Phase 3), shall be substantially consistent with these plans and of equal or superior materials and design quality. Development on the future hotel/retail site (Phase 3) requires approval of Site Development Review by the City of Dublin. The development of the future hotel/retail site (Phase 3) was modified bv PlanninJ! Commission Resolution 04-55 for the Ulferts Center. The following site plans and elevations are hereby incorporated by reference: Amended bv Ord. {INSERT ORDINANCE NO.1 (INSERT DATE) . Ordinance 22-98 for the Koll Dublin Corporate Center. Exhibit A-I (PA 98-047). . Planning Commission Resolution 04-55 for the Ulferts Center (P A 03-064). . Planning Commission Resolution 05-06 for the Dublin Gateway Medical Center (PA 04-046). . Ordinance rINSERT ORDINANCE NO.1 and Planning Commission Resolution [INSERT RESOLUTION NO.] for the Dublin Gateway Medical Center Building 3 Hospital and Garage (P A 06-026). 5. Density. The maximum square footage of the proposed development for the parcels covered under this Development Plan (as shown on the applicable site plan~) is as follows: Lot 1, Traet 7064 (Future retail site): 1.6 acres 7,000 square feet building area* Lot 1 & 3. Tract 7064 (Retail site): 1.6 acres & 2.6 acres. respectively 50530 square feet building area* Amended bv PC Reso. 04-55 (AuJ!ust 24.2004) Lot 2, Tract 7064 (Future Retail site): 1.6 acres 7,000 square feet building area* Lot 3, Tract 7064 (Future hotel site): 2.6 acres 85,000 square feet building area* Lot 4, Tract 7064 (4-story office building): 5.53 acres 139,285 square feet building area 40f8 {(oOOb lt~ Amended by Resolution 04-55 by the Planning Commission on August 24, 2004 (P A 03-064) Amended by Resolution 05-06 by the Planning Commission on January 25, 2005 (P A 04-046) Amended by Ordinance by the City Council on , 2007 (P A 06-026) Lot 5, Tract 7064 (4-story office building): 6.67 acres 139,285 square feet building area Lot 6, Tract 7064 (4-story office building): 6.42 acres 139,285 square feet building area Lot 7, Tract 7064, (6 story office building): 7.11 acres 178,849 square feet building area Lot 7 of Tract 7064 has been further divided as follows: Amended hv CDD Reso. 05-01 (Fehruarv 28. 2005) Amended hv PC Reso. 05-06 (Januarv 25. 2005) Amended hv Ord. [lNSERT ORD. NO. AND DATEl Lot 1. Map 8524 (3-story office building) 3.000 acres 62.300 square feet building area Lot 2. Map 8524 C3-story office building) 1. 009 acres 57.700 square feet building area Lot 3. Map 8524 (3-story office building) 1.545 acres 58.000 square feet building area OR 168.000 square feet building area** Lot 4. Map 8524 1.585 acres 4-level parking garage OR 5-level parking garage** Total Building Area: 178.000 square feet OR 292.000 square feet** Lot 8, (Park & Ride facility): 1. 74 acres No building area (parking only) *NOTE: Densities for Lots 1, 2, and 3 may be combined and re-allocated among these three lots in any manner within this portion of the project site, but must be used for General Commercial/Retail uses and a hotel, unless an amendment to this Planned Development is approved. An amendment to the Planned Development was approved hv Planninf! Commission Resolution 04-55 on AUf!ust 24. 2004. This amendment removed the hotel desif!nation from Lots 1 and 3 and allowed for the development of retail commercial uses instead. **NOTE: This Development Plan allows for the development of either: 1) a 3-story. 58.000 square foot medical office building on Lot 3 of Map 8524 and 4-level above ground parking garage on Lot 4 of Map 8524 OR 2) a 6-story. 168.000 square foot. 100- bed hospital on Lot 3 of Map 8524 and 5-level parking garage on Lot 4 of Map 8524 with 50f8 \~l~ li'i Amended by Resolution 04-55 by the Planning Commission on August 24,2004 (PA 03-064) Amended by Resolution 05-06 by the Planning Commission on January 25,2005 (PA 04-046) Amended by Ordinance by the City Council on , 2007 (P A 06-026) one level below ground and 4-levels above ground. At no time shall the 6-story hospital building on Lot 3 of Map 8524 be utilized for any other use than a hospital without an amendment to this Development Plan. 6. Phasing Plan. The Corporate Center will be developed in three phases. The First phase will include the three, four-story office buildings, Park & Ride lot, perimeter landscaping, on-site entrance roads, and associated site work. The Second phase will be the signature, six-story office building at the corner of Dublin Boulevard and Tassajara Road (Amended bv Planninl! Commission Resolution 05-06 on Januarv 25. 2005). The Third phase will include the Hotel/Retail parcel, which will likely be sold to a separate hotel developer (Amended bv Planninl! Commission Resolution 04-55 on AU1!Ust 24. 2004). Third phase uses could be constructed after the first phase when a critical mass of on-site customer support is created. Any hotel/retail uses proposed for the vacant parcel (Lots 1, 2, and 3) must be consistent with the standards established by this Development Plan, and will require approval of a Site Development Review by the City of Dublin Planning Commission (Amended bv Planninl! Commission Resolution 04-55 on AUl!ust 24. 2004). 7. Landscaping Plan. De'/elopment Plan. reference: Refer to attached landscaping plans included in Exhibit .Ai.. 1, The' following landscaping plans are hereby incorporated by . Ordinance 22-98 for the Koll Dublin Corporate Center. Exhibit A-I (P A 98-047). . Pinewave Design and Engineering. 3 sheets. dated received by the Planning Division on August 17. 2004 for the Ulferts Center CPA 03-064). Amended bv PC Reso. 04-55 (Aul!ust 24.2004) . Ware Malcomb. 3 sheets. dated received by the Planning Division on January 11. 2005 for the Dublin Gateway Medical Center CPA 04-046). Amended bv PC Reso. 05-06 (01/25/05) . Ware Malcomb and Ridge Landscape Architects. dated received by the Planning Division on February 26. 2007 for the Dublin Gateway Medical Center Building 3 Hospital and Garage CPA 06-026). Amended bv Ord. (Date) 8. Development Standards. Refer to attached Dovelopment Rogulations included in Exhibit A 1, De'lelopment Plan. The development regulations for the prolect are hereby incorporated by reference: . Ordinance 22-98 for the Koll Dublin Corporate Center. Exhibit A-I CPA 98-047). 60f8 l to 2.ot> \~ tg Amended by Resolution 04-55 by the Planning Commission on August 24.2004 (PA 03-064) Amended by Resolution 05-06 by the Planning Commission on January 25. 2005 (P A 04-046) Amended by Ordinance by the City Council on . 2007 (P A 06-026) . Pinewave Design and Engineering dated received by the Planning Division on August 17, 2004 for the Ulferts Center (P A 03-064). Amended hv PC Reso. 04- 55 (Auf!ust 24, 2004) . Ware Malcomb, dated received by the Planning Division on January 1 L 2005 for the Dublin Gateway Medical Center (P A 04-046). Amended hv PC Reso. 05-06 (01/25/05) . Ware Malcomb, dated received by the Planning Division on February 26, 2007 for the Dublin Gateway Medical Center Building 3 Hospital and Garage (P A 06- 026). Amended hv Ord. - (Date) The development of Lots 3 and 4 of Parcel Map 8524 (formerly a portion of Lot 7 of Tract Map 7064) shall be permitted to have: . A 3-story, 58,000 square foot medical office building (Lot 3) and 4-level above ground parking garage (Lot 4) approved as part of Planning Commission Resolution 05-06. OR . A 6-storv. 168,000 square foot. 100-bed hospital building (Lot 3) and 5-level parking garage (Lot 4) with one level below ground and 4 levels above ground approved as part of Ordinance - and Planning Commission Resolution - . The 5-level parking garage approved in coni unction with the 6-story hospital building may also be constructed with the 3-story medical office building so long as one level of parking remains underground and only 4-levels of parking above ground. NOTE: Any increase in the maximum square footage on Lot 3 of Map 8524. including the addition of a basement for equipment or any other use, shall require an amendment to this Development Plan and shall be subiect to review by the Planning Commission with a recommendation to City Council. 9. General Provisions. A) The project applicant/developer shall enter into a Development Agreement with the City of Dublin prior to Final Map approval, which shall contain, but not be limited to, provisions for financing and timing of on and off-site infrastructure, payment of traffic, noise and public facilities impact fees, ownership and maintenance of creek and open space areas, and other provisions deemed necessary by the City to find the project consistent with the Eastern Dublin Specific Plan. B) The project applicant/developer shall be required to pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 32-96, adopted 70f8 Amended bv Resolution 04-55 by tire Planning Connnission on August 24. 2004 (P 1 ~~ ~ IS 'i> Amended by Resolution 05-06 by the Planning Commission on January 25. 2005 (P A 04-046) Amended by Ordinance by the City Council on . 2007 (P A 06-026) by the City Council on March 26, 1996, or in the amounts and at the times set forth in any resolution revising the amount ofthe Public Facilities Fee. 8of8 P A 06-013 \ <o<<4Df) l~t RESOLUTION NO. 07 - 22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE ALCOST A SHELL SERVICE STATION RECONSTRUCTIONjEXP ANSION AT 8999 SAN RAMON ROAD (APN 941-0164-001-07 and 941-0164-003-02941-0164-003-02, 01) P A 06-013 8.2 PUBLIC HEARING: P A 06-026 - Dublin Gateway Medical Center Building 3 Hospital and Garage - Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review, and Development Agreement (Legislative and Adjudicatory Actions). . Chair Schaub asked for the Staff Report. Ms. Marnie Nuccio, Associate Planner, discussed the specifics of the project as outlined in the Staff Report. Chair Schaub asked for the definition of GFRC. Ms. Nuccio stated that GFRC is the acronym for Glass Fiber Reinforced Concrete. Chair Schaub asked about the height of the parking garage. Ms. Nuccio explained that there would be 4 levels above ground and 1 level below ground and would be similar in height to the existing medical office building. Chair Schaub asked if the noise study completed for the project only covers the current project plans and project description and does not incorporate future equipment that may be installed at the site, and Ms. Nuccio said yes. Cm. Biddle asked about the ambulance access route, and Ms. Nuccio pointed it out on the diagram. Vice Chair Wehrenberg asked if significant changes to the project would come before the Planning Commission after the project is approved by the City Council. Ms. Nuccio explained that the City Council would review and be the final decision making body for significant changes to the project. Chair Schaub and Vice Chair Wehrenberg expressed concerns about making a decision on the project when the project is not at build-out and significant changes to the project could occur in the future. Ms. Mary Jo Wilson, Planning Manager, stated that ('lom1tris..~"if.w", 42 ZOD? Attachment 6 significant changes to the project could be brought before the Planning corrum1s~~ 'h l1>i recommendation to the City Council. Chair Schaub opened the public hearing. Mr. Rick Needham, with Triad Partners, spoke in favor of the project on behalf of the Applicant. Chair Schaub asked if it is possible to decrease the height of the office building by one story by adding an underground floor. Mr. Needham explained that there is currently a sub grade level that houses equipment. Mr. Jim Terry, with Ware Malcolmb, spoke in favor of the project on behalf of the Applicant. He stated that the 7th story is used to cover the mechanical equipment. Cm. Biddle stated that because this is a hospital, he does not have a problem with the height of the building. Vice Chair Wehrenberg stated that she does not have a problem with the height of the building, but is concerned about the potential future height of the building based on future tenants and uses of the building. She stated that she would like the project to be brought before the Planning Commission if the height of the building increases. Cm. Tomlinson stated that the design of the building gives the perception of a 6-story building. He stated that he is happy with the building architecture. Cm. Biddle stated that he likes the idea of adding an underground level to the building. Ms. Nuccio explained that adding an underground level would increase the square footage and require further review and analysis of the project, as a basement is not a part of the current proposal by the Applicant. Cm. Tomlinson discussed architectural options to soften the corner element of the building. The Planning Commission agreed that the corner element of the building should be softened. The Planning Commissioners agreed that the architecture of the parking garage should be consistent with the architecture of the existing medical office buildings. They discussed various features that could be added to the parking garage that would make it more consistent with the architecture of the existing medical office buildings. Mr. Needham stated that the development team would certainly discuss any modifications with Staff. Cm. Biddle and Vice Chair Wehrenberg expressed concerns about the parking capacity. Cm. Biddle stated that he would like Staff to verify the adequacy of the parking capacity. Chair Schaub stated that he would like the parking structure to be re-addressed and brought back to the Planning Commission. Chair Schaub and Cm. Tomlinson expressed concerns about the functionality of the loading dock and truck circulation on the site. They expressed concerns about safety and traffic ('omnn:m(l1l 43 20i)7 congestion in the area. Ms. Nuccio stated that the Public Works Department rev~~~d ~~ ~6 project plans and did not have any concerns with the loading dock or truck circulation. Vice Chair Wehrenberg expressed concern about the trash bins located along Dublin Boulevard near the emergency parking area. Chair Schaub and Cm. Tomlinson suggested that the trash bins be moved to an internal location on the site and away from the emergency parking area. Mr. Needham stated that he would consider another location for the trash bins. Vice Chair Wehrenberg asked about the potential use of helicopters on the site. Mr., Needham stated that helicopter pads were not included in the project description. Vice Chair Wehrenberg stated that she is concerned about the potential occurrence of ambulances, generators, and oxygen tanks. Ms. Wilson stated that the CEQA (California Environmental Quality Act) analysis reviewed the potential noise and activity of the project and found that it would not be a significant effect to the environment. Vice Chair Wehrenberg stated that mechanical equipment on the site could be a visual and audible distraction to the site. She asked if sound control elements could be incorporated around noisy equipment. Ms. Nuccio stated that the Conditions of Approval discuss equipment screening on the site and that Staff would look into requesting sound control elements to attenuate noisy equipment on the site. Ms. Nuccio pointed out that there is a sound wall that separates the nearest residential homes from Dublin Boulevard. Cm. Tomlinson commented that the shape of the building may serve as a noise barrier to residents and direct noise to 1-580. Cm. Biddle asked about the public notification process for the project, and Ms. Nuccio explained the process. Cm. King expressed concerns about the truck circulation and loading dock area on the site. The Planning Commission and the Applicants discussed options for making the area more functional. Staff stated that they would work with the Applicant on the various options. Ms. Jennifer Kim, resident, had several concerns about the project regarding noise, traffic, and parking. The Planning Commission and Staff addressed each of Ms. Kim's concerns. Hearing no further comments, Chair Schaub closed the public hearing. Chair Schaub recapped the items the Planning Commission would like the Applicant to address: . Soften the corner element on the Dublin Boulevard/ Glynnis Rose corner of the medical office building. . Make the loading dock more functional for trucks to maneuver. . Move the trash bins to a more internal area of the site. . Make the architecture of the parking garage consistent with the architecture of the existing medical office buildings. . Review landscaping adjacent to the parking garage 44 24, 200? 1~1~ l~~ The Planning Commissioners stated that they still have concerns regarding parking capad1y and would like a parking analysis to be completed. The Planning Commissioners stated that they would like significant changes to the project to be brought before the Planning Commission. They further stated that they would like potential generator locations to be internalized within the site and away from the street. Ms. Wilson stated that Staff's recommendation to the Planning Commission, based on the number of significant concerns raised by the Planning Commission, is to have the Staff address the concerns with the Applicant and continue the application to a future Planning Commission meeting. Mr. Needham asked the Planning Commission if he could speak. The Planning Commission voted to re-open the public hearing. Mr. Needham reviewed the Planning Commission's concerns and requested that the Planning Commission approve the project and allow the Applicant to work with Staff on the necessary modifications. Hearing no further comments, Chair Schaub closed the public hearing. On a Motion by Cm. Biddle, seconded by Cm. King, and by a vote of 5-0-0, the Planning Commission unanimously decided to continue the item to the May 8, 2007 Planning Commission meeting. NEW OR UNFINISHED BUSINESS - NONE OTHER BUSINESS 10.1 Brief INFORMATION ONL Y reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). Ms. Mary Jo Wilson, Planning Manager, reminded the Planning Commission about the upcoming Geological Hazard Assessment District (GHAD) seminar. Cm. Tomlinson informed the Planning Commission that he plans to inquire about getting a sound wall installed along the sport's field near City Hall due to the noise from the freeway. Chair Schaub asked about the status of the blacked-out windows of the video store on Dublin Boulevards. Ms. Wilson stated that Staff continues to work with owner. ADJOURNMENT - The meeting was adjourned at 9:30 p.m. Respectfully submitted, /4~~ Planning Commission Chair ATTEST: ( '01f111f?};.',"l1{1r, 45 2{JO~ \ toi"b lt~ AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: May 8, 2007 SUBJECT: ATTACHMENTS: CONTINUATION OF PUBLIC HEARING: P A 06-026 Dublin Gateway Medical Center Building 3 Hospital and Garage - Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review and Development Agreement (Adjudicatory and Legislative Actions) Report Prepared by Mamie R. Nuccio, Associate Planer I) Resolution recommending City Council adoption of a CEQA Addendum for an amendment to the Stage I and 2 Development Plan for Planned Development Zoning District (PA 98-047) and for a Conditional Use Permit and Site Development Review for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project, with draft City Council Resolution and draft Addendum attached as Exhibit A. 2) Resolution recommending City Council adoption of a Planned Development Rezone and Stage I and 2 Development Plan for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project, with draft City Council Ordinance and draft Stage I and 2 Development Plan attached as Exhibit A. 3) Resolution referring decision making authority and recommending City Council approval of a Conditional Use Permit and Site Development Review for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project, with draft City Council Resolution and proposed Project Plans attached as Exhibit A. 4) Resolution recommending City Council adoption of a Development Agreement for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project, with draft City Council Ordinance and draft Development Agreement attached as Exhibit A. 5) Proposed amended Stage I and 2 Development Plan in draft form with amended text shown in strike-through and underline. 6) Draft April 24, 2007 Planning Commission Meeting Minutes. 7) April 24, 2007 Planning Commission Agenda Statement, without attachments. COPIES TO: Applicant/Property Owner File Mahendar Chima, Public Works Department Jim Tong Marty Iterbitzen Dave Chadbourne ITEM NO. Page I of8 G:\P A#\2006\06-026 Dublin Gateway Bldg 3 Mod\Public Hearing Documents\PC\PCSR 05-08-07.doc Attachment 7 l toptao I~~ RECOMMENDATION: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; 5) Adopt Resolution (Attachment 1) recommending City Council approval of a CEQA Addendum; 6) Adopt Resolution (Attachment 2) recommending City Council adoption of a Planned Development Rezone and Stage 1 and 2 Development Plan; 7) Adopt Resolution (Attachment 3) referring decision making authority and recommending City Council approval of a Conditional Use Permit and Site DevelopmeiIt Review; and 8) Adopt Resolution (Attachment 4) recommending City Council adoption of a Development Agreement. PROJECT DESCRIPTION: The Dublin Gateway Medical Center is an existing 120,000 square foot medical office complex located on approximately 7.14 acres of land at the southwest comer of Dublin Boulevard and Tassajara Road. The medical office complex was approved by the Planning Commission in 2005 for approximately 178,000 square feet of medical offices and related uses as follows: · 62,300 square foot LifestylelWellness Center . 57,700 square foot medical office building . 58,000 square foot medical office building . 4-level parking garage The medical office complex was approved to be constructed in two Phases as follows: . Phase One: o 62,300 square foot LifestylelWellness Center o 57,700 square foot medical office building . Phase Two: o Phase Two(a): 4-level parking garage o Phase Two(b): 58,000 square foot medical office building Construction of Phase One was completed in January 2007; an alternative development project for Phase Two is the subject ofthis staff report. Phase Two Alternative Development Project Phase Two of the Dublin Gateway Medical Center project was approved in 2005 by the Planning Commission (Resolution 05-06) for the construction of a 3-story, 58,000 square foot medical office building and a 4-level parking garage on 3.13.:!: acres of land (the "Original Approval"). In 2006, the Applicant/Developer, Triad Dublin Gateway, L.P., submitted a request for an alternative development project; the alternative project proposes the development of a 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage with 1 level below ground and 4 levels above ground on the same 3.13.:!: acres ofland. Approval of the alternative project (the "Project") would not supersede the Original 20f8 \"lO"b l~$ Approval but would give the Developer the option to construct either project depending upon market conditions. A detailed description and full analysis of the Project, including environmental review, is included in Attachment 7 (the April 24, 2007 Planning Commission Agenda Statement). The focus of this report is the analysis related to the issues identified by the Planning Commission at the April 24, 2007 hearing. April 24, 2007 Planning Commission Meeting At the April 24, 2007 Planning Commission meeting, Staff presented the alternative Project known as the Dublin Gateway Medical Center Building 3 Hospital and Garage. The Planning Commission expressed concerns regarding the Project and directed Staff to work with the Applicant to address the following items (see Attachment 6): . Reduce the massing of the building at Dublin Boulevard and Glynnis Rose Drive by notching the comer of the building. . Revise the loading dock area to facilitate truck turning movements which would not interfere with vehicular traffic on Glynnis Rose Drive. . Relocate the trash enclosures to an internal location on the site. . Include architectural elements on all four sides of the parking garage and revise the vegetative screen on the south elevation. . Identify operational equipment such as generators and oxygen tanks and how the location and screening of these items will be addressed. . Provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking requirements. ANALYSIS: Reduce the Massing of the Building The Applicant has revised the Project plans to include a "notch" in the building where the north and west elevations meet at the comer of Dublin Boulevard and Glynnis Rose Drive. The "notch" extends from the 5th floor up to the roof line and incorporates aluminum fins and an aluminum clad parapet consistent with the south elevation. The area created above the 4th floor by the incorporation of the "notch" is not proposed to be used as outdoor space due to the location of patient rooms on either side of the "notch" on the 5th and 6th floors. The "notch" is recessed approximately 10-feet, 8-inches on the Dublin Boulevard elevation and 5-feet on the Glynnis Rose Drive elevation (Sheet A2.5, Exhibit A to Attachment 3). Revise the loading dock area The Applicant has revised the loading dock area to allow for delivery trucks traveling northbound on Glynnis Rose Drive to exit the roadway by maneuvering to the right and pulling into the loading dock area in a straight forward movement. Once off of Glynnis Rose Drive, the delivery truck can then back up into the loading bay to make deliveries. The previous turning movement required that delivery trucks, traveling northbound, pass the loading dock driveway and back into the dock at an angle. The new turning movement will enable delivery trucks to pull off of the street before backing up into the dock thus reducing potential conflicts with other vehicles traveling northbound on Glynnis Rose Drive towards Dublin Boulevard. A truck turning template has been incorporated into the Project plans demonstrating the new truck turning movement (Truck Dock Area, Exhibit A to Attachment 3). The Public Works Department has reviewed the new truck turning movements as well as the increased width of the loading dock driveway and finds that the revised circulation pattern and layout of the loading dock area will 30f8 11L~ \~$ facilitate easier truck turning movements for delivery truck operators and a safer environment for vehicular traffic traveling on Glynnis Rose Drive. As discussed at the April 24, 2007 Planning Commission meeting, the Applicant currently does not have a tenant for the Project and therefore has to make certain assumptions based on their research and the professional advice received from their hospital consultant relating to the potential number of deliveries utilizing the loading dock area. The Applicant estimates that there will be approximately 10-12 truck deliveries per week to service the Project. Based on these estimates, the Applicant believes that one loading dock is sufficient to meet the needs for the Project. Additionally, the re-design of the loading dock area allows for a delivery truck to be in the loading bay while a second delivery truck pulls off of Glynnis Rose Drive into the northern portion of the loading dock area; the second delivery truck can wait in this area, without obstructing the first truck from exiting the loading bay, and then safely back into the loading bay once the first truck has exited the loading dock area. While it is not anticipated that multiple deliveries would be occurring at the same time, the new configuration with a "loading dock waiting area" could accommodate two delivery trucks. Additionally, the Project has been conditioned (Condition of Approval No. 18, Exhibit A to Attachment 3) such that if the loading dock activities become a nuisance, a delivery schedule and loading dock operations plan (the "Plan") is required to be submitted to the City for review and approval. The Plan would set forth the delivery schedule for the loading dock operations that the operators of the Project would be required to comply with. Failure to comply with the Plan could result in revocation of the Conditional Use Permit. In an effort to screen the "loading dock waiting area" the Applicant proposes to provide a low 3-foot wall around the north and west sides of the waiting area; the wall would be screened by a landscaped berm (Truck Dock Area, Exhibit A to Attachment 3). Additional tress and shrubs would be provided around the berm consistent with the landscape palette for Dublin Boulevard and Glynnis Rose Drive. Relocate the Trash Enclosures As a part of the construction of Phase One of the Dublin Gateway Medical Center, a trash enclosure was constructed, and currently exists, along Dublin Boulevard; the enclosure holds two waste receptacles. The Project proposes to provide an additional trash enclosure that could accommodate two additional waste receptacles; this trash enclosure was proposed to be constructed directly adjacent to the existing trash enclosure along Dublin Boulevard. The Applicant proposes to relocate both the existing trash enclosure that serves Phase One and the proposed trash enclosure for Phase Two to the northeast side of the parking garage. The trash enclosure would be landscaped on three sides to screen it from an adjacent walkway to the east and parking spaces to the west (Trash Enclosure, Exhibit A to Attachment 3). In response to the Planning Commission's concern that one additional trash enclosure may not be sufficient to serve the Project, Condition of Approval No. 26 (Exhibit A to Attachment 3) has been revised to include language that requires frequent trash pick-ups to ensure the timely removing of waste from the property. Include Architectural Elements and Additional Landscaping for the Parking Garage The elevations of the parking garage have been revised to include the following: 1) Green tinted glass in the stairwells; 2) A cornice feature and aluminum fins on all four elevations; 3) Aluminum clad canopies above the vehicular entrances; and 4) A darker color scheme for the elevator tower. 40f8 lllD{) \f~ Previously the stair towers included a decorative metal screen in the openings of the stairwells; the new stair towers have replaced the metal screen with green tinted glass consistent with the Phase One medical office buildings and the proposed hospital building. The glass element has been incorporated on the north, east and west elevations (Parking Structure Elevations, Exhibit A to Attachment 3). To address the Planning Commissions concerns that the parking garage needed more architectural elements consistent with the proposed hospital building, the Applicant has introduced a cornice feature on all four elevations. This cornice feature is visually supported by aluminum fins which tie into the vertical columns which are placed between decorative metal screens (Parking Structure Elevations, Exhibit A to Attachment 3). By introducing the aluminum fins and reducing the height of the vertical columns, the perceived massing of the parking garage has been reduced. The Applicant has introduced aluminum clad canopies above the two vehicular entrances to the parking garage (Parking Structure Elevations, Exhibit A to Attachment 3). These canopies are consistent with the Phase One medical office buildings which have aluminum clad canopies over two pedestrian entrances to the building; the proposed hospital building would also have an aluminum clad canopy over the main pedestrian entrance. The elevator tower is proposed to have a darker color scheme than the body of the parking garage to differentiate this element from the remainder of the structure. The outer wall of the tower is broken up with a variety of horizontal and vertical score lines. Previously, the north and east elevations of the parking garage were proposed to be screened with Coast Redwood and the south and west elevations with London Plane. London Plane is an approved "street" tree within the Koll Dublin Corporate Center and currently lines both the Koll Center Drive and Glynnis Rose Drive vehicular entrances to the project site. The Applicant has revised the plans to incorporate Coast Redwood on all four elevations while retaining some London Planes along Koll Center Drive and Glynnis Rose Drive to maintain consistency with existing "street" trees (Sheet L1.I, Exhibit A to Attachment 3). Coast Redwood will provide a more attractive and effective landscape screen for the outer walls of the parking garage with their dense columnar shape; London Planes on the other hand have a wider canopy spread making it more practical as a shade tree. Incorporating additional architectural elements into the parking garage has created a unified design with the proposed hospital building and replacing some of the street trees with a dense, evergreen tree will provide a better vegetative screen for the outer walls of the parking garage. It should be noted that, if the Original approval is constructed (the 58,000 square foot medical office building and the 4-level parking garage), the aforementioned architectural elements and landscape revisions would not be incorporated into the parking garage since the design of that garage was previously approved under Planning Commission Resolution 05-06 in January 2005, unless the Applicant agreed to make such revisions. Lastly, the Development Plan gives the Developer the option to construct the 5-level parking garage in conjunction with the development of the 58,000 square foot medical office building should they decide that the additional parking may be beneficial to the project; if the Developer elects to exercise this option, the aforementioned architectural elements and landscape revisions would be incorporated into the parking garage. Identify Operational Equipment As noted above, the Applicant currently does not have a tenant for the Project and therefore has to make certain assumptions based on their research and the professional advice received from their hospital consultant. While the Applicant recognizes the potential need for electrical, mechanical and plumbing 50f8 l1~"b l.g-Z equipment which is not currently shown on the site plan, they are unable to determine, at this time, what the specific needs will be for the Project. Therefore, the Project has been conditioned accordingly (Condition of Approval No. 23, Exhibit A to Attachment 3) which requires proper screening of all electrical, mechanical and plumbing equipment as well as tanks. The condition of approval includes a provision that requires the Applicant to return to the Planning Commission for review and approval of equipment that is not underground, roof mounted and appropriately screened, or located within the building. At the April 24, 2007 Planning Commission meeting, the Applicant noted that future equipment needs may be accommodated by adding a basement to the building. Staff has determined that the addition of a basement would increase the overall square footage of the building, regardless of what the basement is used for, and therefore would require, 1) additional environmental review; 2) an amendment to the Development Plan for the Planned Development Zoning District in which the Project is located; 3) an amendment to the Conditional Use permit for the Hospital; and, 4) an amendment to the Site Development Review for modifications to the site layout. Such amendments would be required to be brought before the Planning Commission for recommendation to the City Council. Provide Additional Information on Staffin~ and Parking The tenant for the Project is currently unknown therefore the Applicant has estimated staffing levels based on comparable hospitals. The Project proposes to have a total of 450 employees and 75 doctors; the Applicant estimates there will be 150 employees and 25 doctors on the largest shift. It is unknown at this time what the actual staffing levels will be or when the shift changes would occur. The Applicant has been working with a hospital consultant to estimate the staffing levels for the proposed 100-bed hospital and feels comfortable that the estimates are an accurate representation of what is likely to occur. The City of Dublin Zoning Ordinance, Chapter 8.76, Off Street Parking and Loading Regulations, sets forth the parking requirements for a hospital use as follows: . 1 space for every 3 beds · 1 space for every 3 employees on the largest shift . 1 space for every doctor As discussed in the April 24, 2007 Planning Commission Agenda Statement (Page 7 of Attachment 7), the Project proposes to provide 100 beds, 150 employees on the largest shift and 25 doctors on the largest shift for a total parking requirement of 108 spaces. Combined with the 492 parking spaces required for the Phase One medical office buildings, a grand total of 600 parking spaces are required for both Phase One and Phase Two; all parking spaces, both surface and structured, would be shared between the two phases. The Project proposes to provide 684 parking spaces (512 spaces in the parking garage and 172 surface spaces), 84 spaces (or 14%) more than what is required. This additional parking is anticipated to reduce any potential peak parking demands that may occur during shift changes. To address the Planning Commission's concerns that there may not be adequate parking for the Project, Staff consulted a variety of sources (surrounding Tri-Valley cities, the American Planning Association's Parking Standards publication and the Institute of Transportation Engineers (ITE) Parking Standards) to obtain parking standards for hospital uses. Based on this research, Staff found that there is not one typical parking standard for a hospital but rather a variety of standards. In particular, Staff contacted the City of Pleasanton and the City of San Ramon since both of these communities currently have hospitals operating within their jurisdiction. San Ramon Regional Medical Center, located in San Ramon, has 187 patient beds and ValleyCare, located in P1easanton, has 137e 60f8 \14-D(j~~ patient beds. Both communities have a lower parking standard than Dublin resulting in fewer required parking spaces. To better understand actual parking operations, Staff conducted a site visit to ValleyCare in Pleasanton and spoke with a representative of Valley Care. The site visit was conducted at 10:00am on a Wednesday morning and revealed that the parking spaces closest to the entrances to the medical office buildings and hospital were largely full while parking further from the entrances was available. In speaking with a representative of ValleyCare, Staff learned that two issues the facility faces with respect to parking are physicians who park in the patient parking areas closer to the entrances to the building and BART patrons who park at the facility and walk to the nearby BART shuttle stop. The perception that ValleyCare does not have sufficient parking may be attributed largely to these two factors. With respect to Dublin Gateway, the vast majority of parking will be contained in the parking garage which means that physicians, employees, patients and visitors will all be walking relatively the same distance to the entrance of the hospital building. Based on the research conducted and the number of parking spaces proposed to be provided, which exceeds the number of spaces required by the Dublin Zoning Ordinance by 14%, it appears that there would be sufficient parking for the Project. CONCLUSION: The Project has been revised to address the concerns expressed by the Planning Commission at the April 24, 2007 public hearing. The Applicant has revised the architecture of the proposed hospital building to include a "notch" in the building at the comer of Dublin Boulevard and Glynnis Rose Drive. The loading dock area has also been revised to allow delivery trucks to access the site in a forward moving direction thus reducing potential conflicts between delivery trucks and other vehicular traffic along Glynnis Rose Drive. The elevations of the parking garage have also been revised to include the following architectural elements: a cornice, aluminum fins, aluminum clad canopies and colored glass. The exterior of the parking garage is also proposed to be better screened by introducing Coast Redwood trees along the south and west elevations. The trash enclosures which were previously located adjacent to Dublin Boulevard have been relocated to the north side of the parking garage and will be screened with landscaping on three sides. Lastly, the conditions of approval have been revised to address loading dock activities, waste removal and the placement of electrical, mechanical and plumbing equipment. Furthermore, the Stage 1 and 2 Development Plan has been amended to include language requiring Planning Commission and City Council review if additional square footage is added to the Project (i.e. a basement) and/or equipment or uses are not consistent with this approval. The Project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and the Dublin Zoning Ordinance (see Pages 12-14 of Attachment 7) and represents an appropriate project for the site. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close public hearing and deliberate; 5) Adopt Resolution (Attachment 1) recommending City Council adoption of a CEQA Addendum; 6) Adopt Resolution (Attachment 2) recommending City Council adoption ofa Planned Development Rezone and Stage 1 and 2 Development Plan; 7) Adopt Resolution (Attachment 3) recommending City Council approval of a Conditional Use Permit and Site Development Review; 8) Adopt Resolution (Attachment 4) recommending City Council adoption of a Development Agreement. 70f8 \ 15rtJ If>ct GENERAL INFORMATION: APPLICANT! PROPERTY OWNER: Joseph D. Carroll, Triad Dublin Gateway, L.P., 8001 Irvine Center Drive, Suite 10000, Irvine, CA 92618 LOCATION: 4084 and 4100 Dublin Boulevard ASSESSOR PARCEL NUMBER(S): 986-0016-021 and 986-0016-022 GENERAL PLAN LAND USE DESIGNATION: Campus Office SPECIFIC PLAN! LAND USE DESIGNATION: Eastern Dublin Specific Plan, Campus Office ZONING: PD, Planned Development (PA 98-047) SURROUNDING USES: Location Zoning General Plan Land Use Current Use of Property Site PD Campus Office Medical Office Planned Development North PD General Commercial Retail Commercial Planned Development South PD Campus Office Professional Office Planned Development East PD General Commercial Vacant Planned Development West PD Campus Office Retail Commercial Planned Development 80f8 DRAFT DRAFT C01 ~ * on CALL TO ORDERlROLL CALL A regular meeting of the City of Dublin Planning Commission was held on Tuesday, May 8, 2007, in the Council Chambers located at 100 Civic Plaza. Chair Schaub called the meeting to order at 7:02 p.m. Present: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, and Tomlinson; Mary Jo Wilson, Planning Manager; Marnie Nuccio, Associate Planer; and Rhonda Franklin, Recording Secretary. Absent: None ADDITIONS OR REVISIONS TO THE AGENDA - NONE MINUTES OF PREVIOUS MEETINGS The April 24, 2007 minutes were approved as submitted. ORAL COMMUNICATIONS - NONE CONSENT CALENDAR - NONE WRITTEN COMMUNICATIONS - NONE PUBLIC HEARINGS 8.1 Continuation of P A 06-026 Dublin Gateway Medical Center Building 3 Hospital and Garage - Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review and Development Agreement (Adjudicatory and Legislative Actions). Chair Schaub stated that the Planning Commission is being asked to approve an application for a hospital, but is being provided project plans that title the project as a Medical Office Building. Chair Schaub asked for the Staff Report. Ms. Marnie Nuccio, Associate Planner, presented the specifics of the project as outlined in the Staff Report. Chair Schaub asked if any parking spaces were removed as a result of the relocation of the trash enclosures, and Ms. Nuccio stated that no parking spaces were removed. Chair Schaub pointed out that the excess of 84 parking stalls includes 17 motorcycle stalls. ('omrmssi"n 47 8, 2001' ?l~ murt-8 DRAFT DRAFT Chair Schaub sought clarification on the two construction options that would be granted to the Applicant should the project be approved. Ms. Nuccio explained that the Applicant could either construct a 3-story, 58,000 square foot medical office building with a 4-level parking garage; or a 6-story, 100-bed hospital building with a 5-level parking garage. Chair Schaub sought clarification that a project approval would only allow a 6-story hospital building to be built, and not a 6-story medical office building, even though the plans indicate that the 6-story building is a medical office building. Ms. Nuccio explained that although the project plans label the building as a medical office building, all of the approval documentation, including the Development Plan, specifies that if the 6-story building is constructed, it can only be used as a hospital building. If the Developer decides to not use the 6-story building as a hospital building, the Developer would have to apply for a Planned Development Rezone and amend the Development Plan accordingly. Chair Schaub sought clarification that if the hospital building is constructed, would the project return to the Planning Commission with applications for the necessary amenities required for a hospital. He pointed out that the Planning Commission would have the authority to approve or deny the application at that time. Ms. Mary Jo Wilson, Planning Manager, explained that if the Applicant could install the amenities within the existing design of the building, the application may not need to return to the Planning Commission for review. Vice Chair Wehrenberg asked if the requirement of a Central Utility Plan would require the project to return to the Planning Commission for review. Ms. Wilson explained that the construction of a Central Utility Plan in a separate building is not a part of the Applicant's Planned Development Plan before the City at this time; therefore, an amended project could be subject to additional City review. Cm. Biddle asked about the review process of the State of California Office of Statewide Health Planning and Development (OSHPD). He expressed concern that the 100-bed configuration of the building could change based on OSHPD's review process. Ms. Nuccio explained that if the number of beds increases, the project would have to return to the City for review because all of the analysis on the project was based on a maximum of 100 beds. Chair Schaub stated that if there were less beds and more office use, there would be parking issues. Ms. Nuccio explained that the entire building must be used for hospital functions. She further stated that if portions of the hospital were converted for other uses, the project would have to return to the City for reVIew. Cm. Tomlinson asked about the anticipated size of trucks that would be trafficking the loading zone. Ms. Nuccio explained that the Applicant anticipates that the vast majority of deliveries would be made by bobtail trucks, with occasional semi trucks. She further explained that the loading zone was designed to accommodate semi trucks. Vice Chair Wehrenberg stated that she would like to add to the Initial Study that if generators or other noise generating sources are used, the project be brought back to the City for additional review. Ms. Nuccio explained that because generators are not part of the current application, the potential noise impact of generators was not analyzed as part of the Environmental Review. p[annmg Commissirm 48 8, 200? DRAFT DRAFT She further explained that if the Applicant identifies the need for generators on the site plan, Staff would conduct a noise analysis and, if necessary, require the Applicant to attenuate impacts accordingly. If the Applicant can not attenuate impacts accordingly, then Staff would conduct additional environmental review and the project would return to the Planning Commission. Vice Chair Wehrenberg added that she would like to add the potential use of helicopters to the Initial Study as well. Cm. King expressed concern about whether the correct direction for trucks entering the loading zone would be obvious. Ms. Nuccio stated that signage can be installed at the entrance of the loading zone to guide the drivers. Cm. Tomlinson pointed out that most deliveries would probably be from the same companies, thus the drivers would gain familiarity with the navigation of the loading zone. Chair Schaub pointed out that the entrance to the loading zone is in the area of the egress for the Ulferts Shopping Center. He stated that to reduce the load on Glynnis Rose Drive, signage could easily be added to the Ulferts parking lot to direct consumers to exit in a different direction. Chair Schaub opened the public hearing. Mr. Rick Needham, with Triad Partners, spoke if favor of the project on behalf of the Applicant. Chair Schaub asked for Planning Commission feedback on the architectural changes to the building. The Planning Commissioners stated that they are pleased with the improvements. Chair asked for Planning Commission feedback on the changes to the loading zone. Cm. Biddle asked for clarification on truck routes into the loading zone. Staff explained that from Dublin Boulevard, trucks should take Tassajara Road, to Koll Center Drive, to Glynnis Rose Drive to the loading zone. From the 1-580 Tassajara ramps, trucks should take Koll Center Drive to Glynnis Rose Drive to the loading zone. Vice Chair Wehrenberg asked if signage for truck traffic would be addressed. Ms. Wilson explained that signage for truck traffic would be addressed as part of the Master Sign Program. Cm. King expressed concern about whether there would be enough space for forward movement in order for trucks to back out appropriately. Mr. Jim Terry, with Ware Malcolmb Architects, stated that the turning radius for the loading zone was designed for larger trucks; however, smaller trucks would most often frequent the loading zone. Mr. Needham stated that the larger trucks would typically arrive at the loading zone in the early morning. . Chair Schaub asked about the quantity of truck deliveries per week. Ms. Cynthia Lee, Health Care Consultant, spoke in favor of the project on behalf of the Applicant. She stated that she contacted several comparable institutions to get an estimate of the number of deliveries per week. She stated that it is anticipated that 10-12 deliveries would be made per week. Vice Chair Wehrenberg asked if this number included food deliveries, and Ms. Lee said yes. Chair Schaub stated that without a cafeteria in the building, finished foods would also need to be delivered. Ms. Lee clarified that it is anticipated that the building would have a cafeteria, and thus would not need finished food deliveries. 49 ~1,rfay 8, 20tJ/ DRAFT DRAFT Vice Chair Wehrenberg pointed out that the project plans for the hospital are missing key elements such as an operating room, cafeteria, and pharmacy. She asked if the project plans would change based on the needs of the tenant. Mr. Joseph Carroll, Applicant, spoke in favor of the project. He explained that the Development Team, knowing that the tenants would come at a later date, created project plans that depicted the most important factors of the project such as the bed count, circulation, the emergency department, and the loading zone. He stated that the Development Team did not want to propose project plans to the Planning Commission that would ultimately change based on the specific needs of a tenant. Mr. Carroll reiterated that the loading zone was sized for an 18-wheel semi truck; although bobtail trucks would frequent the loading zone 90% of the time. Cm. Biddle pointed out that a positive feature of the loading zone is that the area is large enough to accommodate two trucks. Cm. King asked about the view of the loading zone from Glynnis Rose Drive, and Mr. Carroll stated that it would look like the sides of building. Ms. Nuccio added that the loading zone was designed to accommodate two trucks. She also stated that the Conditions of Approval (COAs) were revised to include that should any activities related to the loading zone become a problem, the Applicant would be required to provide a plan that outlines loading zone activities subject to approval by the City. Chair Schaub stated that this loading zone is significant because it is located near a busy street; whereas most loading zones are not. Vice Chair Wehrenberg confirmed that the Applicant would locate a tenant before going too far with the project, and Mr. Carroll said yes. Vice Chair Wehrenberg pointed out that the loading zone would generate a lot of trash and that medical waste would need to be addressed as well. Chair Schaub asked for Planning Commission feedback on the changes to the trash enclosures. The Planning Commissioners stated that it is a big improvement. Cm. Biddle pointed out that, if necessary, it would be easy to enlarge the trash enclosures in this location. Cm. Biddle asked how hazardous waste would be handled. Ms. Lee stated that hazardous waste is typically disposed of in locked containers near the loading zone and is handled separately from regular trash. Chair Schaub asked for Planning Commission feedback on the changes to the parking structure. The Planning Commissioners stated that they are happy with the changes. Cm. Biddle expressed concern with the disparity of parking spaces allotted to the medical offices as opposed to the hospital. Mr. Carroll explained that the shared parking arrangement would provide for adequate parking. Vice Chair Wehrenberg pointed out that afternoon shift changes could potentially strain parking availability. Mr. Carroll stated that the demand for parking generally tails off in the afternoon. Vice Chair Wehrenberg asked about the potential to modify the parking based on the needs of future tenants. Mr. Carroll stated that it is anticipated that the current parking q>[anni7liJ ('ommFswn <R.qfu&l1' 50 8, 200? DRAFT DRAFT would handle the needs of future tenants. Vice Chair Wehrenberg stated that in regard to the motorcycle spaces, there would probably be little demand for motorcycle parking at a hospital. Vice Chair Wehrenberg asked if they have had to display signage to distinguish employee parking from patient parking. Mr. Carroll stated that they designate parking spaces for employees and patients. Vice Chair Wehrenberg expressed concerned about parking overflowing into the Ulferts Shopping Center. Cm. Tomlinson stated that he is comfortable with the number of parking spaces at the project. He stated that his concern is that patrons from the shopping center might overflow into the project's parking areas. Vice Chair Wehrenberg asked if the Applicant would be allowed to add another level to the parking garage if parking spaces were eliminated due to the placement of mechanical equipment. Ms. Nuccio stated that in such a case, the Applicant would need to apply for an amendment to the Site Development Review. Cm. Biddle asked if the parking structure would be built before the hospital. Mr. Carroll stated that it is required that the parking structure be built before the hospital. Cm. King stated that he is concerned about the idea that the form of the building is following the function, instead of function following form. He asked if it is typical for a building shell to be constructed before tenants are identified. He further stated that he is concerned the future tenants might want to change the building to suit their needs. Mr. Carroll explained that the room plan was the critical factor in ensuring that the building would be compatible with the needs of potential tenants. Chair Schaub asked Mr. Carroll if he has built a hospital before, and Mr. Carroll said no. Vice Chair Wehrenberg expressed concerns that the OSHPD review process may require architectural changes to the building. Mr. Carroll stated that he does not think this will be the case; however, if changes are necessary, they would revisit the plans. Cm. Biddle expressed concern that double-occupancy rooms would be more desirable to future tenants instead of single occupancy rooms. Mr. Carroll stated that he believes that single occupancy rooms are more desirable. Vice Chair Wehrenberg added that patient satisfaction is higher in single occupancy rooms. Cm. Biddle expressed concern with whether various medical specialties would be able to function in the 100-bed configuration of the building. He questioned whether the facility could accommodate amenities such as food service operations, pharmacy, operating room, morgue, etc. Mr. Needham explained that the Development Team modeled and tested three specific design plans for the building and all of the design plans were functional. Mr. Carroll explained that the Development Team has worked with consultants in the hospital field that have advised them that the current design is functional and would work with various tenants. Cm. Biddle asked about the process of finding a tenant. Mr. Carroll stated the he is currently talking with potential tenants. Cm. Biddle asked about the timeframe for completing the building, and Mr. Carroll stated that it could take 3-5 years. 51 Ii, ?OtJI' DRAFT DRAFT Vice Chair Wehrenberg suggested that the Applicant submit plans to the City before submitting them to OSHPD to help alleviate potential issues. Mr. Carroll stated that he would work with the City during the design development. Chair Schaub asked about the Conditions, Covenants, and Restrictions (CCRs). Ms. Nuccio explained that the CCRs are in place to govern the relationship between the 4 parcels on the site. Mr. Gary Sloan, San Ramon Medical Center Chief Executive Officer, expressed concern about the impacts a new hospital could have on existing hospitals, as well as police and fire protection services, within the Tri-Valley. Mr. Sloan stated that the Planning Commission did not have enough information regarding the project to make an informed decision. He stated that the Planning Commission should know who the tenant will be before making a decision on the project. Cm. Biddle asked about the differences in hospital types and the associated impacts on parking, traffic, etc. Mr. Sloan gave several examples of various hospitals and their associated impacts. Chair Schaub closed the public hearing. Cm. Tomlinson stated that the project is worthy of support. He stated that the Applicant was responsive to the Planning Commission's concerns and recommendations. He further stated that he is satisfied with the amount of parking at the project, as well as Staff's research on parking at comparable facilities. He stated that the neighboring buildings are adequately parked per the Dublin Zoning Ordinance. He stated that the Conditions of Approval are appropriate and sufficient for the project and that it is the responsibility of the Applicant to find a tenant that can function within the approved project. Vice Chair Wehrenberg stated that the project is lacking the infrastructure needed to support a potential tenant. She asked if the project would return to the Planning Commission if the parking was impacted by future changes. Ms. Wilson explained that the Site Development Review (SDR) Findings are based on the current design of the site, including surface parking and access; therefore, if the site design changes, amended plans would have to be resubmitted and reviewed by the City. Vice Chair Wehrenberg stated that COA No. 18 should also require that loading dock activities be reviewed when a tenant is identified and prior to any plan submittals. Ms. Wilson suggested that the additional language be included as a part of COA No. 22. Vice Chair Wehrenberg expressed concern about screening oxygen tanks and stated that the potential use of oxygen tanks should be identified as early as possible. Chair Schaub added that the potential use of generators should also be identified as early as possible. Ms. Wilson suggested that those concerns be addressed in COA No. 22. She further stated that the addition of an oxygen tank and/ or generator to the plans could trigger additional review from the City. Vice Chair Wehrenberg suggested that the Fire Department COAs include a review of the hazardous materials plans. She pointed out that the City will own the building once OSHPD 52 'May fi ::UO/ DRAFT DRAFT finals the building. Ms. Wilson suggested that the additional language be included as a part of COA No. 22. Vice Chair Wehrenberg suggested that the tenant be required to provide a staffing plan to confirm that the parking is adequate. Ms. Wilson stated that the condition can be added to the COAs. Chair Schaub reiterated that this project has a lot of open-ended issues. Vice Chair Wehrenberg stated that she does not feel that 3 acres is conducive for a hospitals site, including the parking garage. Vice Chair Wehrenberg suggested that a condition be added that requires any plans for helicopters and associated facilities be submitted to the City. Ms. Wilson stated that under CEQA, plans for a helicopter and associated facilities would have to be reviewed and analyzed. She stated that the application for the project indicates that there will not be a helicopter or associated facilities for the project. Cm. Biddle asked if the tenant would have to submit plans to the City each time plans are submitted to OSHPD. Ms. Nuccio explained that the requirement is currently in the COAs. Cm. Biddle stated that in general, he likes the concept of having a hospital in the City and he likes the architecture of the building. He stated he feels a little more comfortable with the project. Vice Chair Wehrenberg asked if the COAs could be attached to the tenant's lease agreement. Ms. Wilson stated that such a request could be asked of the Applicant. Ms. Wilson pointed out that there are multiple points in the process where Staff would notify the tenant of the COAs for the project. Cm. Tomlinson also pointed out that COA No. 15 seems to be a broad lever in which to ensure the project remains consistent with the COAs. Mr. Carroll stated that he would comply with the Planning Commission's request to attach the COAs to future tenants' lease agreement. Cm. King stated that he likes the design of the project. Chair Schaub stated that he likes the project. He stated that it is important to get the project finished they way the project is approved. He pointed out that COA No. 15 establishes that the project is subject to annual review. He stated that he does not want the project to be put in jeopardy because of significant infrastructure problems. The Planning Commission complemented Staff on the work done on this project. The Planning Commission also thanked the Development Team members for their work on the project. Vice Chair Wehrenberg stated that the project plans should be labeled Hospital and not Medical Office Building. Commission 53 8, 200? DRAFT DRAFT Ms. Wilson confirmed that the Applicant, Mr. Carroll, concurs with the amendments to the COAs. On a motion by Cm. Biddle, seconded by Cm. Tomlinson, with a suggestion to amend the Resolution of the City Council Approving a Conditional Use Permit and Site Development Review to amend Condition of Approval No. 22 to include: "The Applicant shall also submit a hazardous materials plan and a typical schedule of loading dock activities including types of deliveries, number of deliveries, and types of vehicles."; and with a suggestion to add Condition of Approval No. 22A to read: "Prior to the issuance of a building permit for the parking garage, the Applicant shall provide the City with a written statement identifying the hospital tenant and the specific staffing levels with respect to the number of doctors and employees on the largest shift. If the numbers of doctors or employees on the largest shift increases, a parking analysis shall be conducted to ensure that adequate parking will be provided in accordance with the Zoning Ordinance. If additional parking is needed, the Applicant shall apply for an amendment to the Conditional Use Permit and Site Development Review and such application shall be reviewed and approved prior to the issuance of a grading or building permit for the parking garage."; and with a suggestion to add Condition of Approval No. 26A to read: "The Developer shall provide a copy of the approved Conditions of Approval to all future tenants.", and by a vote of 5-0-0, the Planning Commission unanimously adopted: RESOLUTION NO. 07 - 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR AN AMENDMENT TO THE STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT (PA 98-047) AND FORA CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4100 AND 4084 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 RESOLUTION NO. 07 - 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A PLANNED DEVELOPMENT REZONE AND STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 Commission 54 8,2007 DRAFT DRAFT RESOLUTION NO. 07 - 25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY COUNCIL APPROV AL OF A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPTIAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 RESOLUTION NO. 07 - 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROV AL OF A DEVELOPMENT AGREEMENT FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 NEW OR UNFINISHED BUSINESS - NONE OTHER BUSINESS Cm. Tomlinson informed the Planning Commission and Staff that he would be on vacation during the August 14,2007 Planning Commission meeting. Cm. King stated that if the Planning Commission is going to discuss projects that impact Dublin Boulevard, he would like to know the City's position with regard to regional transportation planning. Ms. Wilson stated that she would research the issue. 10.1 Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). The Planning Commission did not have any items to report. 55 8, 2007 DRAFT ADJOURNMENT - The meeting was adjourned at 9:00 p.m. Respectfully submitted, Planning Commission Chair ATTEST: Planning Manager Comrmssion 56 DRAFT 8, ZOO? \f1"b'ii RESOLUTION NO. 07 - 23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A CEQA ADDENDUM FOR AN AMENDMENT TO THE STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT (P A 98-047) AND FOR A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4100 AND 4084 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 WHEREAS, Phase Two of the Dublin Gateway Medical Center was approved by Planning Commission Resolution 05-06 for construction of a 3-story, 58,000 square foot medical office building and a 4-level parking garage on 3.13:!: acres of land, located at 4100 and 4084 Dublin Boulevard (the "Original Approval"); and WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center (formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned Development Zoning District (P A 98-047); and WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage (the "Project") on the same 3.13:!: acres ofland, located at 4100 and 4084 Dublin Boulevard; and WHEREAS, the Project would provide the Applicant with the option of constructing the Original Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original Approval and the Project entitlements; and WHEREAS, the Project requires approval of a Planned Development Rezone and Stage 1 and 2 Development Plan to allow for the following: 1) an increase in square footage on Lot 7 of Tract 7064 for the Dublin Corporate Center (PA 98-047); 2) revisions to the site plan approved under PA 98-047; 3) revisions to the landscape plan approved under PA 98-047; and, 4) revisions to the development regulations approved under PA 98-047; and WHEREAS, in accordance with the original Development Plan for Planned Development Zoning District, PA 98-047 (Exhibits A-I and A-2 of Ordinance 22-98 incorporate herein by reference), the Project requires approval of a Conditional Use Permit for the establishment and operation of a Hospital/Medical Center; and WHEREAS, the Project requires approval of Site Development Review for the development of the 6-story hospital building and 5-level parking garage; and WHEREAS, any approval of the Conditional Use Permit and Site Development Review is contingent upon City Council approval of the Planned Development Rezone and Stage 1 and 2 Development Plan; and Attachment 9 '1'8 ff{) (~$ WHEREAS, on May 8, 2007 the Planning Commission will consider the Planned Development Rezone and Stage 1 and 2 Development Plan, the Conditional Use Permit and the Site Development Review; and WHEREAS, a complete application has been submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans and exterior elevations dated received May 3, 2007, for the required approvals; and WHEREAS, the Project is within the General Plan Eastern Extended Planning Area and within the Eastern Dublin Specific Plan area for which a Program Environmental Impact Report (EIR) was certified for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") pursuant to the California Environmental Quality Act (CEQA) by City Council Resolution 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (SCH No. 91103064). The certified EIR, resolution and addenda are incorporated herein by reference. The Eastern Dublin EIR identified significant unavoidable impacts from development of the eastern Dublin area some of which would apply to the Project; and WHEREAS, the Project area is located within a portion of the Santa Rita Property for which the City Council previously approved a Mitigated Negative Declaration by Resolution 123-96 on October 15, 1996 (both incorporated herein by reference); and WHEREAS, the City Council previously approved a General Plan/Eastern Dublin Specific Plan Amendment for Dublin Ranch West by Resolution 42-05 and certified a related Supplemental EIR on March 15,2005 (both incorporated herein by reference); and WHEREAS, the City Council previously adopted Ordinance 22-98 on December 15, 1998 approving a Stage 1 and Stage 2 Development Plan for the Koll Dublin Corporate Center and finding the project within the scope of the Eastern Dublin EIR (incorporated herein by reference); and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the Project and a determination has been made that the proposed Project will not have a significant effect on the environment. The Project has been found to be within the scope ofthe Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH No. 91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND") (SCH No. 96082092); and, the cumulative traffic analysis of the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR") (~CH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita Property MND, and the cumulative traffic analysis of the Dublin Ranch West EIR, adequately describe the total Project for the purpose ofCEQA. In accordance with CEQA Guidelines Sections 15162 and 15164, an Addendum has been prepared to reflect project changes from the prior CEQA analyses. The Addendum and related Initial Study dated January 2007 are attached as Exhibit A and incorporated herein by reference; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 24, 2007 and on May 8,2007; and WHERAS, on April 24, 2007 the Planning Commission considered the Addendum, Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review and Development Agreement and voted to continue the public hearing to May 8, 2007, directing Staff and the Applicant to address the following: 1) reduce the massing of the building at Dublin Boulevard and Glynnis Rose Drive by notching the corner of the building; 2) revise the loading dock area to facilitate truck turning movements which would not interfere with vehicular traffic on Glynnis Rose Drive; 3) relocate 20f3 \ 1~ t1b t8~ the trash enclosures to an internal location on the site; 4) include architectural elements on all four sides of the parking garage and revise the vegetative screen on the south elevation; 5) identify operational equipment such as generators and oxygen tanks and how the location and screening of these items will be addressed; and, 6) provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking requirell1ents; and WHEREAS, proper notice of said public hearings were given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council adoption of a CEQA Addendum; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Addendum: 1. The Dublin Planning Commission reviewed and considered the Addendum prior to considering the Proj ect. 2. The Initial Study/Addendum determined that the Project will not have a significant effect on the environment beyond those identified in prior CEQA reviews. There is no substantial evidence in light of the whole record before the City that the project will have a significant effect upon the environment beyond those identified in prior CEQA reviews. 3. The Addendum has been completed in compliance with CEQA, CEQA Guidelines and the City of Dublin Environmental Guidelines. 4. The Addendum is complete and adequate and reflects the City's independent judgment and analysis as to the environmental effects of the proposed Project. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby recommend that the City Council adopt a CEQA Addendum, attached as Exhibit A, pursuant to CEQA Guidelines Sections 15162 and 15164 for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project. PASSED, APPROVED AND ADOPTED this 8th day of May 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\PA#\2006\06-026 Dublin Gateway B1dg 3 Mod\Public Hearing Documents\Enviro\Final Documents\PC Reso Addendum_done.doc 30f3 \ '6D "b \fS't RESOLUTION NO. 07 - 24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A PLANNED DEVELOPMENT REZONE AND STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 WHEREAS, Phase Two of the Dublin Gateway Medical Center was approved by Planning Commission Resolution 05-06 for construction of a 3-story, 58,000 square foot medical office building and a 4-level parking garage on 3.13=!:: acres of land, located at 4084 and 4100 Dublin Boulevard (the "Original Approval"); and WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center (formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned Development Zoning District (P A 98-047); and WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage (the "Project") on the same 3.13=!:: acres ofland, located at 4084 and 4100 Dublin Boulevard; and WHEREAS, the Project would provide the Applicant with the option of constructing the Original Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original Approval and the Proj ect entitlements; and WHEREAS, the Project requires approval of a Planned Development Rezone and Stage 1 and 2 Development Plan to allow for the following: 1) an increase in square footage on Lot 7 of Tract 7064 for the Dublin Corporate Center (P A 98-047); 2) revisions to the site plan approved under P A 98-047; 3) revisions to the landscape plan approved under P A 98-047; and, 4) revisions to the development regulations approved under PA 98-047; and WHEREAS, in accordance with the original Development Plan for Planned Development Zoning District, PA 98-047 (Exhibits A-I and A-2 of Ordinance 22-98 incorporated herein by reference), the Project requires approval of a Conditional Use Permit for the establishment and operation of a Hospital/Medical Center; and WHEREAS, the Project requires approval of Site Development Review for the development of the 6-story hospital building and 5-level parking garage; and WHEREAS, any approval of the Conditional Use Permit and Site Development Review is contingent upon City Council approval of the Planned Development Rezone; and WHEREAS, a complete application has been submitted and is available and on file in the Community Development Department; and Attachment 10 \<6l'b t~' WHEREAS, the Applicant has submitted project plans and exterior elevations dated received May 3, 2007, for the required approvals; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the Project and a determination has been made that the proposed Project will not have a significant effect on the environment. The project has been found to be within the scope of the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH No. 91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND") (SCH No. 96082092); and, the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR") (SCH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita Property MND, and the Dublin Ranch West EIR, adequately describe the total Project for the purpose ofCEQA. In accordance with CEQA Guidelines Section 15162 and 15164 an Addendum has been prepared; and WHEREAS, the Planning Commission did hold public hearings on said application on April 24, 2007 and May 8, 2007; and WHERAS, on April 24, 2007 the Planning Commission considered the Addendum, Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review and Development Agreement and voted to continue the public hearing to May 8, 2007, directing Staff and the Applicant to address the following: 1) reduce the massing of the building at Dublin Boulevard and Glynnis Rose Drive by notching the corner of the building; 2) revise the loading dock area to facilitate truck turning movements which would not interfere with vehicular traffic on Glynnis Rose Drive; 3) relocate the trash enclosures to an internal location on the site; 4) include architectural elements on all four sides of the parking garage and revise the vegetative screen on the south elevation; 5) identify operational equipment such as generators and oxygen tanks and how the location and screening of these items will be addressed; and, 6) provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking requirements; and WHEREAS, proper notice of said public hearings were given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of a Planned Development Rezone and Stage 1 and 2 Development Plan; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Planned Development Rezone and Stage 1 and 2 Development Plan. Pursuant to Section 8.12.050 ofthe Dublin Municipal Code, the Planning Commission finds: 1. The proposed amendment would be harmonious and compatible with existing and potential development in surrounding areas. The Project, as conditioned, includes amendments to the Stage 1 and 2 Development Plan for Planned Development Zoning District (P A 98-047) to allow for the development of a 6-story hospital building and 5-level parking garage; the proposed amendments are harmonious and compatible with surrounding properties in that, 1) development of the site pursuant to the Project approval will result in an orderly, attractive and harmonious development project that is compatible with surrounding properties by creating logical vehicular and pedestrian linkages to adjacent properties and by using building colors and materials which are consistent with surrounding buildings creating a cohesive, unified development within the Dublin Corporate Center. 2of3 l~2~\~g 2. The subject site is physically suitable for the type, intensity of the zoning district being proposed. The Project site is currently developed with surface parking and landscaping and is generally flat in topography. The site is suitable for the proposed Project and the Project is within the allowable floor area ratio for the Dublin Corporate Center. 3. The proposed amendment will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare. The Project, as conditioned, will not have an adverse effect on persons or the public in that, 1) the Project would not generate excessive noise, illumination, unsightliness, odor, smoke or other objectionable influences; and, 2) conditions of approval have been applied to the Project to ensure compliance with all Federal, State and Local regulations governing the Project. 4. The proposed amendment is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. The Project is located within the Eastern Dublin Specific Plan area and has a General Plan and Specific Plan land use designation of Campus Office; this land use designation also allows for the establishment of General Commercial uses per the Planned Development Zoning process. The Campus Office land use designation provides for attractive, campus-like settings for office and other non-retail commercial uses that do not generate nuisances related to emissions, noise, odors, or outdoor storage and operations. The Project is a campus-like setting for a health care facility which includes existing medical office uses; the proposed hospital building will not generate nuisances related to emissions, noise, odors, or outdoor storage and operations. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby recommend that the City Council adopt an Ordinance approving a Planned Development Rezone and Stage 1 and 2 Development Plan, attached as Exhibit A, for the Dublin Gateway Medical Center Building 3 Hospital and Garage project. PASSED, APPROVED AND ADOPTED this 8th day of May 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\PA#\2006\06-026 Dublin Gateway B1dg 3 Mod\Public Hearing Documents\PC\PC Reso PD Rezone_done.doc 30f3 \~~"b I~~ RESOLUTION NO. 07 - 25 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REFERRING DECISION MAKING AUTHORITY AND RECOMMENDING CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPTIAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 WHEREAS, Phase Two of the Dublin Gateway Medical Center was approved by Planning Commission Resolution 05-06 for construction of a 3-story, 58,000 square foot medical office building and a 4-level parking garage on 3.13! acres of land, located at 4084 and 4100 Dublin Boulevard (the "Original Approval"); and WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center (formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned Development Zoning District (P A 98-047); and WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage (the "Project") on the same 3.13! acres ofland, located at 4084 and 4100 Dublin Boulevard; and WHEREAS, the Project would provide the Applicant with the option of constructing the Original Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original Approval and the Proj ect entitlements; and WHEREAS, the Project requires approval of a Planned Development Rezone and Stage 1 and 2 Development Plan to allow for the following: 1) an increase in square footage on Lot 7 of Tract 7064 for the Dublin Corporate Center (P A 98-047); 2) revisions to the site plan approved under P A 98-047; 3) revisions to the landscape plan approved under P A 98-047; and, 4) revisions to the development regulations approved under PA 98-047; and WHEREAS, in accordance with the original Development Plan for Planned Development Zoning District, PA 98-047 (Exhibits A-I and A-2 of Ordinance 22-98 incorporated herein by reference), the Project requires approval of a Conditional Use Permit for the establishment and operation of a Hospital/Medical Center; and WHEREAS, Section 8.100.160.G of the Dublin Municipal Code requires a finding that the Project is consistent with applicable specific plans for approval of a Conditional Use Permit; and WHEREAS, one goal of the Eastern Dublin Specific Plan (the "Specific Plan") is that new development pays for needed services [See Specific Plan, section 10.4; Policy 10-1.]. The Specific Plan anticipates that revenues to pay for public services will come from property taxes, among other revenues (section 10.2), and the Specific Plan indicates that the monies from the Specific Plan area are anticipated Attachment 11 \-8'i'b \tg to be enough by 2014. A fiscal study was done for the Specific Plan that shows revenues and expenses, based on the assumption that property tax revenues are received from all properties; and WHEREAS, property tax revenues were a significant component of the anticipated revenues needed to pay for public services when the City adopted the Eastern Dublin Specific Plan (Eastern Dublin EIR, Chapter 3.12 [concluding that property tax revenue was the primary form of new revenues]) and Impact 3.12/A found that project-generated revenues would be sufficient to cover project-generated costs after shortfalls in the early years assuming at least 25 percent share of property taxes. No mitigation was therefore required; and WHEREAS, in order to find the Project consistent with the Eastern Dublin Specific Plan, the Conditional Use Permit is conditioned on the payment of funds to mitigate the loss of property tax revenues if the hospital is owned and operated as a non-profit hospital and receives an exemption from property tax pursuant to state law; and WHEREAS, the Project requires approval of Site Development Review for the development of the 6-story hospital building and 5-level parking garage; and WHEREAS, any approval of the Conditional Use Permit and Site Development Review is contingent upon City Council approval of the Planned Development Rezone; and WHEREAS, pursuant to Section 8.96.020.C.3 of the Dublin Municipal Code, the Planning Commission may transfer original hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances ofthe magnitude of the Project; and WHEREAS, a complete application has been submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans and exterior elevations dated received May 3,2007, for the required approvals; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the Project and a determination has been made that the proposed Project will not have a significant effect on the environment. The Project has been found to be within the scope of the Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH No. 91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND") (SCH No. 96082092); and, the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR") (SCH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita Property MND, and the Dublin Ranch West EIR, adequately describe the total Project for the purpose of CEQA. In accordance with CEQA Guidelines Sections 15162 and 15164 an Addendum has been prepared; and WHEREAS, the Planning Commission did hold public hearings on said application on April 24, 2007 and May 8, 2007; and WHERAS, on April 24, 2007 the Planning Commission considered the Addendum, Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review and Development Agreement and voted to continue the public hearing to May 8, 2007, directing Staff and the Applicant to address the following: 1) reduce the massing of the building at Dublin Boulevard and Glynnis Rose Drive by notching the corner of the building; 2) revise the loading dock area to facilitate truck turning movements which would not interfere with vehicular traffic on Glynnis Rose Drive; 3) relocate the trash enclosures to an internal location on the site; 4) include architectural elements 20f3 \~6Ub 1~6 on all four sides of the parking garage and revise the vegetative screen on the south elevation; 5) identify operational equipment such as generators and oxygen tanks and how the location and screening of these items will be addressed; and, 6) provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking requirements; and WHEREAS, proper notice of said public hearings were given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission refer their decision making authority to the City Council; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does refer their decision making authority for the Dublin Gateway Medical Center Building 3 Hospital and Garage Project Conditional Use Permit and Site Development Review to the City Council pursuant to Chapter 8.96.020.C.3 ofthe Zoning Ordinance and also recommends City Council approval of said Project. PASSED, APPROVED AND ADOPTED this 8th day of May 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\PA#\2006\06-026 Dublin Gateway B1dg 3 Mod\Public Hearing Documents\PC\PCReso Refer CUP SDR_done.doc 30f3 l~{.,~1S RESOLUTION NO. 07 - 26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF A DEVELOPMENT AGREEMENT FOR THE DUBLIN GATEWAY MEDICAL CENTER BUILDING 3 HOSPITAL AND GARAGE PROJECT LOCATED AT 4084 AND 4100 DUBLIN BOULEVARD APN 986-0016-021 & 986-0016-022 P A 06-026 WHEREAS, Phase Two of the Dublin Gateway Medical Center was approved by Planning Commission Resolution 05-06 for construction of a 3-story, 58,000 square foot medical office building and a 4-level parking garage on 3.13::t acres of land, located at 4084 and 4100 Dublin Boulevard (the "Original Approval"); and WHEREAS, the Dublin Gateway Medical Center is also a portion of the Dublin Corporate Center (formerly the Koll Dublin Corporate Center), within the Eastern Dublin Specific Plan Area and Planned Development Zoning District (P A 98-047); and WHEREAS, the Applicant, Joseph D. Carroll on behalf of Triad Dublin Gateway, L.P., has requested approval of a Planned Development Rezone, Conditional Use Permit, Site Development Review and Development Agreement to construct a 6-story, 168,000 square foot, 100-bed hospital and a 5-level parking garage (the "Project") on the same 3.13::t acres ofland, located at 4084 and 4100 Dublin Boulevard; and WHEREAS, the Project would provide the Applicant with the option of constructing the Original Approval or the Project as Phase Two of the Dublin Gateway Medical Center for the life of the Original Approval and the Project entitlements; and WHEREAS, in accordance with the implementing measures of the Eastern Dublin Specific Plan, the Project requires approval of a Development Agreement; and WHEREAS, on April 24, 2007 and May 8, 2007 the Planning Commission did consider the Development Agreement; and WHEREAS, a complete application has been submitted and IS available and on file III the Community Development Department; and WHEREAS, the Applicant has submitted project plans and exterior elevations dated received May 3, 2007, for the required approvals; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study has been prepared for the Project and a determination has been made that the proposed Project will not have a significant effect on the environment. The Project has been found to be within the scope ofthe Program EIR for the Eastern Dublin General Plan Amendment and Specific Plan (the "Eastern Dublin EIR") (SCH No. 91103064); the Santa Rita Property Mitigated Negative Declaration (the "Santa Rita Property MND") (SCH No. 96082092); and, the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR") i ATTACHMENT l~ , 1~1Ob It( (SCH No. 2004112094). Together, the Eastern Dublin EIR, Santa Rita Property MND, and the Dublin Ranch West EIR, adequately describe the total Project for the purpose of CEQA. In accordance with CEQA Guidelines Sections 15162 and 15164 an Addendum has been prepared; and WHEREAS, the Planning Commission did hold public hearings on said application on April 24, 2007 and May 8,2007; and WHERAS, on April 24, 2007 the Planning Commission considered the Addendum, Planned Development Rezone and Stage 1 and 2 Development Plan, Conditional Use Permit, Site Development Review and Development Agreement and voted to continue the public hearing to May 8, 2007, directing Staff and the Applicant to address the following: 1) reduce the massing of the building at Dublin Boulevard and Glynnis Rose Drive by notching the corner of the building; 2) revise the loading dock area to facilitate truck turning movements which would not interfere with vehicular traffic on Glynnis Rose Drive; 3) relocate the trash enclosures to an internal location on the site; 4) include architectural elements on all four sides of the parking garage and revise the vegetative screen on the south elevation; 5) identify operational equipment such as generators and oxygen tanks and how the location and screening of these items will be addressed; and, 6) provide additional information on staffing levels (i.e. shift changes, staffing plan) and parking requirements; and WHEREAS, proper notice of said public hearings were given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend City Council approval of the Development Agreement; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Development Agreement: 1. Approval of the Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and Eastern Dublin Specific Plan in that, 1) the General Plan and Eastern Dublin Specific Plan land use designations for the Project site is Campus Office with a provision for General Commercial uses through the Planned Development Zoning process and that the Dublin Gateway Medical Center Building 3 Hospital and Garage project is consistent with these designations; 2) the Project, as conditioned, is consistent with the fiscal policies of the Eastern Dublin Specific Plan in relation to the provision of infrastructure and public services; 3) the Development Agreement sets forth the rules the Developer and the City will be governed by during the development process which is required by the Eastern Dublin Specific Plan and the Mitigation Monitoring Program for the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (EIR) 2. Approval of the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that, 1) as noted above, the Project is consistent with the General Plan and Eastern Dublin Specific Plan land use designations of Campus Office; and 2) the Project is consistent with the Development Plan for the Planned Development Zoning district in which it is located which 2of3 ~, \ 'b~Ob lt~ allows for the establishment of a hospital as a conditional use and the establishment of a parking garage as a permitted use. 3. Approval of the Development Agreement is in conformity with the public convenience, general welfare and good land use practice in that, the Project will implement the land use guidelines set forth in the General Plan and Eastern Dublin Specific Plan as proposed. 4. Approval of the Development Agreement will not be detrimental to the health, safety and general welfare in that, the Project will proceed in accordance with the Development Agreement and all conditions of approval for the Project. 5. Approval of the Development Agreement will not adversely affect the orderly development of property or the preservation of property values in that, the Project will be consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby recommend that the City Council adopt an Ordinance approving a Development Agreement, attached as Exhibit A, for the Dublin Gateway Medical Center Building 3 Hospital and Garage project. PASSED, APPROVED AND ADOPTED this 8th day of May 2007 by the following vote: AYES: Chair Schaub, Vice Chair Wehrenberg, Commissioners Biddle, King, Tomlinson NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\PA#\2006\06-026 Dublin Gateway B1dg 3 Mod\Public Hearing Documents\PC\PC Reso DA_done.doc 3of3