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HomeMy WebLinkAboutPC Reso07-25 DublnGatewyMedCtr CUP&SDR PA06-026 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 3013:!: 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 Do Carroll on behalf of Triad Dublin Gateway, L.Po, 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 30l3:!: 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 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 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 8010001600G 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 1O.4; Policy 1O-1.]0 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 3012 [concluding that property tax revenue was the primary form of new revenues]) and Impact 3012/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 809600200C03 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 of the 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 Noo 96082092); and, the Dublin Ranch West Environmental Impact Report (the "Dublin Ranch West EIR") (SCH No. 2004112094)0 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 comer 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 200 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 (ioeo 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 fortho 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 809600200C.3 of the 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 ATTEST: Plmm~L0~ G:IPA#\2006106-026 Dublin Gateway Bldg 3 ModlPublic Hearing DocumentslPCIPCReso Refer CUP SDR_done.doc 30f3 RESOLUTION NO. 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, 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.l3i: 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 (PA 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.l3:!: 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 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, P A 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 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 Exhibit A 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 did refer 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 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 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") (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 Sections 15162 and 15164 an Addendum has been prepared; and 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. 2 of 42 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 Findine:s 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 J 20,000 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, J) 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, J) 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 to 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. 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 (PA 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, J) the zoning district is intended to provide for new development of commercial office and general commercial use 3 of 42 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 (P A 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 Findine:s 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 (PA 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 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. 4 of 42 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. Arcbitectural 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 tbe development's design concept and tbe 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 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 5 of 42 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.1 3). 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. WHEN .. NO. CONDITION TEXT RESPON. REQ'D SOURCE AGENCY Prior to: PLANNING DIVISION - GENERAL 1. Approval. The following Conditions of Approval Various 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 10 its entirety prior to the start of construction for Phase Two (b) (See Condition of 6 of 42 NO. CONDITION TEXT Approval No. 24 below). 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 PA 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 m Planning Commission Resolution 05-06 shall apply. 2. 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 Agreement shall govern. 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 actual construction or use pursuant to the permit approval or demonstrating substantial progress toward commencing 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 remam 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 required by the particular permit. Revocation. The Conditional Use Permit/Site Development Review approval shall be revocable for cause m accordance with Section 8.96.020.1, Revocation of the Dublin Zoning Ordinance. Any 3. 4. 7 of 42 RESPON. AGENCY PL PL PL WHEN .. REQ'D I SOURCE Prior to: One year from Permit Approval One year from Permit Approval On-going DMC 8.96.020.D DMC 8.96.020.E DMC 8.96.020.1 NO. CONDITION TEXT RESPON. AGENCY violation of the terms and conditions of this approval mav be subiect to the issuance of a citation. 5. Requirements and Standard Conditions. Except to Various 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. 6. Fees. The Applicant/Developer shall: 1) pay all Various applicable fees for the parking garage in effect at the time of issuance of building permits for the parking garage, and 2) pay all applicable fees for the hospital 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 applicable fee Resolution. 7. Property Maintenance. The Applicant/Developer PL and property owner shall be responsible for maintaining the site in 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 8 of 42 WHEN REQ'D Prior to: SOURCE . Building Various Permit Issuance and Grading/Site- work Permit Issuance Building Various Permit Issuance and GradinglSite- work Permit Issuance During Planning Construction, Through Completion and On-going RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: free condition at all times following completion of construction. 8. Controlling Activities. The Applicant/Developer and PL During Planning property owner shall control all activities on the Construction, project site so as not to create a nuisance to existing or Through surrounding businesses and residences during Completion construction and through completion. The property and On-going 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. 9. Mitigation Monitoring Program. The Applicant! PL On-going EDSP EIR Developer shall comply with the Eastern Dublin Mitigation General Plan Amendment and Specific Plan (EDSP) Monitoring Environmental hnpact Report (EIR ) Mitigation Program Monitoring Program including all mitigation measures, action programs, and implementation measures on file with the Community Development Department. 10. AccessoryfTemporary Structures and Uses. A PL Placement Planning Temporary Use Permit is required for all construction On-site trailers, security trailers and storage containers used during construction. 11. Master Sign Program. A Master Sign Program shall PL,B Issuance of Planning, be applied for and approved for all project related Building Building slgnage. Permits for the Parking Garage 12. Temporary Signage. All temporary signage shall be PL On-going DMC subject to the regulations of Chapter 8.84, Sign 8.84 Regulations of the Dublin Zoning Ordinance. Temporary signage may be incorporated into a Master Sign Program pursuant to Section 8.84.100. 13. Public Art Contribution. Applicant/Developer shall PL,PCS Occupancy of Planning be subject to the City's reasonable public art the Hospital requirements and shall install public art to the Building 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. PLANNING DIVISION - CONDITIONAL USE PERMIT 14. Approval. This approval is for the establishment and PL On-going Planning 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 proiect plans submitted 9 of 42 NO. CONDITION TEXT . 15. 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. Annual Review. On an annual basis, this Conditional Use Permit approval may be subject to review by the Community Development Director to determine compliance with the Conditions of Approval. Modifications to the Conditional Use Permit. 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. Community Benefit Payment. To ensure compliance with Section 10.4 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 ofthis Agreement the Property becomes exempt from taxation under Revenue and Taxation Code section 214, then Applicant/Developer shall be obligated to make the Communitv Benefit Payment. Loading Dock Activities. Upon request by the Community Development Director, the Applicant/Developer, and all future tenants of the property, shall furnish a delivery schedule and loadin~ 10 of 42 16. 17. 18. RESPON. AGENCY PL PL PL, ADM, PW PL WHEN REQ'D Prior to: On-going On-going Issuance of GradinglSite- work Permit for Hospital On-going SOURCE Planning Planning City Attorney Planning NO. CONDITION TEXT RESPON. AGENCY 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 Aooroval No. 15 above. PLANNING DIVISION - SITE DEVELOPMENT REVIEW 19. Approval. This Site Development Review approval PL 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 Development Review, unless modified by the Conditions of Approval contained herein. 20. 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 aooroval. 21. Phase Two Modifications. Modifications or changes PL 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 City Council. 22. 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 11 of 42 WHEN REQ'D Prior to: On-going On-going On-going Issuance of Grading/Site- work Permit and Through Completion SOURCE Planning I DMC 8.96.020.F Planning Planning, Building and Public Works NO. CONDITION TEXT 23. 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 Applicant/Developer shall notify the City and resubmit plans to the Planning Division for review. Additionally, if modifications necessitate review by the Planning Cominission and/or City Council, the Applicant shall be responsible for the submittal of project applications and materials for review by the City. 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. 12 of 42 . RESPON. AGENCY PL WHEN REQ'D Prior to: Through Completion and On-going SOURCE Planning . NO. CONDITION TEXT 24. Phasing. The Applicant/Developer shall construct the 5-level parking garage (Phase Two (a)) in its entirety and obtain occupancy pnor to commencmg 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. 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 points be inaccessible. 25. 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 m 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. PLANNING DIVISION - LANDSCAPING . 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 Mav 3. 2007 unless modified by Conditions of Auuroval contained herein, along with a 13 of 42 RESPON. AGENCY PL PL PL PL,B WHEN REQ'D Prior to: Construction of Phased Improvements Through Completion and On-going Occupancy Issuance of Building Permits for the Parking Garage SOURCE Planning Planning Planning Planning, Building NO. CONDITION TEXT RESPON. AGENCY 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. Landscape and irrigation plans shall also provide for a recvcled water system. 28. 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 exhibiting healthy growth and vitality. 29. Details. Landscape plans shall include full details PL regarding: 1) pavmg 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 ApplicantlDeveloper 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 direction shall be clearly indicated. c) Construction details of fountains, raised planters, walkways, paths, benches, walls, fences, trellises, and other architectural features as appropriate to the proiect. 30. Special Concern Areas. Enlarged design PL, PW development plans (1"=10' minimum) shall be 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, slgnage 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. 14 of 42 WHEN REQ'D Prior to: Occupancy Approval of Final Landscape Plans Approval of Final Landscape Plans SOURCE Planning Planning Planning and Public Works RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: d) Bicycle parking areas e) Bioswales 31. Special Paving. A color board of proposed paving PL Approval of Planning colors and finishes shall be submitted for review and Final approval by the Community Development Director. Landscape Plans 32. Standard Plant Material, Irrigation and PL Approval of Planning Maintenance Agreement. The Applicant/Developer Final shall complete and submit to the Planning Division the Landscape Standard Plant Material, Irrigation and Maintenance Plans Agreement. 33. Water Efficient Landscaping Ordinance. The PL,PW Approval of Planning Applicant/Developer shall submit written Final and Public documentation to the Public Works Department (in the Landscape Works form of a Landscape Documentation Package and Plans other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. 34. Phase Two Improvements. The design of Phase Two PL Approval of Planning improvements shall be consistent with the design and Final quality of the Phase One improvements. Landscape Plans and On- going 35. Salt Sensitive Plant Species. The final landscape PL Approval of Planning plans shall include plant species that are not salt Final sensitive; the project site will eventually be irrigated Landscape with recycled water. Plans and On- going 36. Landscape Screening of Parking. Landscaping shall PL Approval of Planning screen parking with an immediate 2'-6" vegetative Final screen along the Koll Center Drive frontage. Landscape Plans and On- going 37. Landscaping at Street and Drive Aisle PL Approval of Planning Intersections. Landscaping shall not obstruct the sight Final distance of motorists, pedestrians or bicyclists. Except Landscape for trees, landscaping at drive aisle intersections shall Plans and 00- not be taller than 30 inches above the curb. going Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 38. Landscape and Utilities. All utilities shall be shown PL Approval of Planning on the landscape plans and coordinated with proposed Final landscaping. The location of utilities shall be studied Landscape carefully to minimize their visual impact and to Plans provide adeQuate planting space for trees and for 15 of 42 NO. CONDITION TEXT screening shrubs. 39. 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 requirements and rel!Ulations. 40. 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. 41. Landscape Borders. A concrete curb that is at least 6 inches high and 6 inches wide shall border all landscaped areas. Any curbs adjacent to parking spaces must be 12 inches wide to facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). All landscape planters within the parking area shall 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 any tree. 42. 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 landscape plans and on the civil plans (desilm and details). 43. Plant standards. All trees shall be 24" box 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. 44. Installation of Landscaping and Parking Lot Imorovements. All landscaping and parking lot 16 of 42 RESPON. . AGENCY PL PL,PW, PD PL,PW PL,PW PL PL WHEN REQ'D Prior to: Approval of Final Landscape Plans and On- gomg Approval of Final Landscape Plans and On- gomg Approval of Final Landscape Plans Approval of Final Landscape Plans and Through Construction Approval of Final Landscape Plans Occupancy SOURCE Planning Planning, Public Works and Police Planning and Public Works Planning and Public Works Planning Planning NO. CONDITION TEXT . improvements shall be installed prior to occupancy of the buildings. 45. Light Fixtures. All lighting associated with the project area shall be subject to staff review and approval. 46. Planter Pots. Planter pots shall be provided with irrigation and be designed to drain to the storm drain. 47. Planting Spacing. Adequate space to plant trees 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, preferably 8 feet wide. 48. Planting and Utility Conflicts. All planting areas containing trees shall be free of all utility structures (including light standards) and other built features consistent with the spacing requirements noted above. Conflicts between landscaping and utilities shall be resolved to the satisfaction of the Community Development Director. 49. Slopes. The landscape plan shall address slopes within the property, including drainage, erosion, maintenance and irrigation issues. 50. Landscaping. The Applicant/Developer shall 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 17 of 42 RESPON. AGENCY PL PL PL PL, PW PL PL,PW WHEN REQ'D Prior to: 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 Approval of final Landscape Plans and Through Completion SOURCE Planning Planning Planning Planning and Public Works Planning Planning and Public Works NO. CONDITION TEXT 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 approved bv the Director of Public Works. 51. Plant standards. All trees shall be 24" box 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. 52. Maintenance of Landscaping. All landscaping 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. All landscaping in the public right-of-way shall be 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 survey the area and identify risks. 54. Landscaping and Nuisances. Landscaping features and outdoor amenities shall be designed to reduce their attractiveness to skateboarders and vandals. PUBLIC WORKS 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 Develooment and Public Works have the authoritv to 18 of 42 RESPON. AGENCY PL PL, PW PO,PL PO,PL PW WHEN REQ'D Prior to: Approval of Final Landscape Plans and Through Comoletion On-going On-going On-going Approval of hnprovement Plans SOURCE Planning Planning and Public Works Planning and Police Planning and Police Public Works NO. CONDITION TEXT 56. clarify the intent of these Conditions of Approval to the ApplicantlDeveloper by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts ofthis proiect. Standard Public Works Conditions of Approval. ApplicantlDeveloper 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 prevail. 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 <;>f 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 subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation m 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 Proiect's Development Agreement. 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 Reoort. A current oreliminary title report (not 57. 58. 59. 19 of 42 RESPON. AGENCY PW Various PW PW WHEN REQ'D Prior to: Acceptance of Improvements by City Council Through Completion of Improvements and Occupancy of the Buildings With Submittal of Improvement Plans Approval of SOURCE Public Works Public Works Public Works Public NO. CONDITION TEXT 60. 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 Citv Engineer/Director of Public Works. Improvements within Existing Easements. The ApplicantlDeveloper 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 ApplicantlDeveloper's right to construct. said imnrovements. Improvement Security. Pursuant to 97.16.620 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 in California. The amount of the security will be based on the estimated cost of the site work (excluding the 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 ApplicantlDeveloper 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 61. 62. 20 of 42 RESPON. AGENCY PW PW PW WHEN REQ'D Prior to: Improvement Plans Approval of Improvement Plans Issuance of Grading/Site- work Permit Acceptance of Improvements by the City SOURCE Works Public Works Public Works Public Works NO. CONDITION TEXT . compatible with the City's GIS system. d. A recorded copy of the Covenants, Conditions, and Restrictions that govern the project. e. A Declaration or Report by the project Geotechnical Engineer confirming that all geotechnical and grading work associated with the project has been performed in accordance with the Engineer's recommendations. f. Payment of any outstanding City fees or other debts. g. Any other information deemed necessary by the City Engineer. 63. 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 118" 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 8-112" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in 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- 112" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" 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 21 of 42 RESPON. AGENCY PW WHEN REQ'D Prior to: Issuance of Grading/Site- work Permit SOURCE Public Works NO. CONDITION TEXT 64. 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 improvement plans. 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 Department 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 Engineer. Submittal Requirements. A complete submittal of improvement plans to Public Works Department includes copies ofthe 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 65. 66. 22 of 42 RESPON. AGENCY PW PW PW WHEN REQ'D Prior to: Issuance of Grading/Site- work Permit Concurrent with Improvement Plans During Plan Review SOURCE Public Works Public Works Public Works NO. CONDITION TEXT 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 engineer h. 1 Soils report 1. I copy of Final Map 8524 J. 1 Title Report with all reference data and exceptions k. 1 annotated copy of final Conditions of Approval 1. 2 sets ofSWPPP plans and report ifproject site is 5 acres or more 67. 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 8-1/2" x II" pages) for more information. The Applicant! Developer must fill III 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. 68. 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 1st and April lsth or beyond these dates if dictated by rainy weather, or as otherwise directed by the City 23 of 42 RESPON. AGENCY PW PW WHEN REQ'D Prior to: Issuance of Grading/Site- work Permit Issuance of Grading/Site- work Permit and During Construction SOURCE Public Works Public Works NO. CONDITION TEXT . Engineer/Public Works Director. 69. Storm Drainage Study. ApplicantlDeveloper 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 project. All storm drain improvements and mitigation measures identified in the Study and/or specified by the City Engineer shall become requirements ofthis proiect. 70. Storm Drain Improvements. ApplicantlDeveloper 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 pattern for the entire site. 71. Zone 7 Drainage Fee. The ApplicantlDeveloper will be required to pay Zone Ts SDA 7-1 Impervious Surface Area fees for all new hardscape areas. 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" using 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). 73. Storm Water Treatment Measures Maintenance Agreement. ApplicantlDeveloper 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 municioal storm water oermit. Said permit reauires 24 of 42 RESPON. AGENCY PW PW PW PW PW WHEN REQ'D Prior to: Issuance of Grading/Site- work Permit Issuance of Grading/Site- work Permit Issuance of Building Permit(s) Issuance of Grading/Site- work Permit Acceptance of Improvements by City Council SOURCE Public Works Public Works Public Works Public Works Public Works NO. CONDITION TEXT 74. the City to provide verification and assurance that all treatment devices will be properly operated 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 public sidewalks. Geotechnical Report and Recommendations. The Applicant/Developer shall incorporate the recommendations of the Geotechnical report prepared for the project, and additional mitigation measures required by the City Engineer, into the 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 requirements. 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 required to meet current State Title 24 requirements. Vehicle Parking. All parking spaces, including parking spaces within the parking garage, shall be double striped using 4" white lines set approximately 2 feet apart according to Figure 76-3 and S8.76.070 (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 landscaped area or planter. 75. 76. 77. 78. 25 of 42 RESPON. AGENCY PW PW PW PW PW WHEN REQ'D Prior to: Acceptance of Improvements by City Council Issuance of Grading/Site- work Permit and During Construction Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) SOURCE Public Works Public Works Public Works Public Works Public Works NO. CONDITION TEXT 79. 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 m 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 surveyed by the building occupants. 80. 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 delivery truck turns from "Koll Center Drive" onto "Glynnis Rose Drive", and relocate the existing crosswalk and ramp as required. 81. Driveway on Glynnis Rose Drive. The proposed driveway cut on Glynnis Rose Drive shall not exceed 74-feet in width. A depressed sidewalk shall be installed across this driveway and a delivery only truck sign installed at the driveway. 82. 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 pursuant to proiect CC&R's. 83. 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 emplovees on the largest shift (excluding 26 of 42 RESPON. AGENCY PW PW PW PW PW,PL WHEN.. REQ'D Prior to: Issuance of Occupancy Permit(s) Issuance of Occupancy Permit(s) Issuance of Grading/Site- work Permit Issuance of Grading/Site- work Permit Issuance of Occupancy Permit(s) SOURCE Public Works Public Works Public Works Public Works Public Works and Planning NO. CONDITION TEXT doctors);: 50 spaces The total amount of parking required for Phase Two is 108 spaces. The Applicant/Developer shall also provide a minimum of 492 spaces to meet the parking demands for 122,995 square feet of medical office uses in Phase One. The total amount of parking required for Phase One and Phase Two shall be a minimum of 600 spaces. 84. 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 pay the difference in fees at Phase Two for the 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 ApplicantfDeveloper 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 BoulevardIDougherty 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 BoulevardIDougherty Road intersection. c. 85. Stop Controls. In addition to the locations shown on the exhibits, stop control devices for vehicles, including Caltrans Rl STOP sign, STOP pavement legend, 12"-wide white stop bar stripe, and appropriate 27 of 42 RESPON. AGENCY PW PW WHEN REQ'D Prior to: Building Permit Issuance and Grading/Site- work Permit Issuance Issuance of Grading/Site- work Permit SOURCE Public Works Public Works .. NO. CONDITION TEXT . 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 bv the Traffic Engineer. 86. 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 proposed crosswalk locations. 87. Temporary Parking on City's Park and Ride Lot for Phase Two. It will be the Applicant/Developer's 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. 88. 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 approval by the City Engineer. 89. 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 City Council Resolution No. 188-01. 90. Relocation of Existin2 Improvements/Utilities. Any 28 of 42 RESPON. AGENCY PW PW PW PW PW WHEN REQ'D Prior to: Issuance of Occupancy Permit(s) Issuance of Grading/Site- work Permit Acceptance of hnprovements by City Council Acceptance of hnprovements by City Council Acceptance of SOURCE Public Works Public Works Public Works Public Works Public NO. CONDITION TEXT . 91. necessary relocation of existing improvements or utilities shall be accomplished at no expense to the City. Joint Utility TrencheslUndergroundinglUtility Plans. ApplicantlDeveloper shall construct all joint utility trenches (including electric, telecommunications, cable TV, and gas) in 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 placed in landscape areas and screened from public 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 EngineerlPublic Works Director and Community Develooment 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 Citv EngineerlPublic 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 apply for all Saturday and/or holiday work. 92. 1.93. 94. 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 29 of 42 RESPON. AGENCY PW PW PW PW WHEN REQ'D Prior to: Improvements by City Council Acceptance of Improvements by City Council During Construction and Prior to Issuance of Occupancy Permit Acceptance of Improvements by City Council During Construction and Prior to Acceptance of Improvements SOURCE Works Public Works Public Works Public Works Public Works NO. CONDITION TEXT . 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 speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. f. Excavation haul trucks shall use tarpaulins or other effective covers. g. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using 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. l. The Department of Public Works shall handle all dust complaints. The City Engineer may require the services of an air Qualitv consultant to advise 30 of 42 RESPON. AGENCY WHEN REQ'D Prior to: by City Council SOURCE NO. CONDITION TEXT the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer. J. Construction interference with regional non- project traffic shall be minimized by: 1. Scheduling receipt of construction materials to non-peak travel periods. 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 program of low-emissions tune-ups. 95. 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 development ofthe project. 96. Fire Hydrants. The Applicant/Developer shall construct all new fire hydrants in accordance with the ACFD and City of Dublin requirements. Final location of fire hydrants shall be approved by the ACFD in accordance with current standards. Raised blue reflectorized traffic markers shall be epoxied to the center ofthe street opposite each hydrant. 97. Graffiti. The Applicant/Developer and/or building tenant(s) shall keep the site clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever possible. 98. 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 31 of 42 RESPON. AGENCY PW PW PW,PO, PL PW WHEN REQ'D Prior to: Acceptance of Improvements by City Council Issuance of Building Permits On-going Occupancy of the Parking Garage SOURCE Public Works Public Works Public Works, Police and Planning Public Works NO. CONDITION TEXT 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 adequate provision for the maintenance, in 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 III accordance with California Vehicle Code Section 22658, Sections 1 and 2. The above requirements shall be included in the proiect CC&Rs. 99. 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 32 of 42 RESPON. AGENCY PW WHEN REQ'D Prior to: Issuance of Occupancy Permit . SOURCE Public Works NO. CONDITION TEXT 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- going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer. f. All fire hydrants shall be operable and easily accessible to City and ACPD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, silmage) shall be installed and fullv functional. 100. 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 ofthe trash enclosure. 101. Refuse Collection. The Applicant! Developer shall provide designated refuse collection areas for the project, subject to approved by the appropriate solid waste collection company pnor to approval of improvement plans. All refuse collection areas shall be screened from public view and shall have roofs to protect against rainwater intrusion and floor drains connected to the sanitary sewer system to collect runoff from periodic washdown. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of pertrucible solid waste as well as source-separated recyclable materials generated bv this proiect. 102. Required Permits. An encroachment permit from the 33 of 42 RESPON. AGENCY PW PW PW WHEN REQ'D Prior to: SOURCE Issuance of Building Permits Public Works Issuance of Building Permits Public Works Various Times Public NO. CONDITION TEXT . Public Works Department may be required for any work done within the public right-of-way. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County flood Control and Water Conservation District Zone 7, California Department of fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. 103. 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 of the find and suggest appropriate mitigation measures. 104. 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 acceptable to the City's GIS Coordinator. 105. 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 in writing. Accordingly, Developer, III constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). BUILDING DIVISION 106. Building Codes and Ordinances. Construction of the parking garage shall conform to all building codes and ordinances in effect at the time of building permit. 107. Building Permits for the Parking Garage. To apply for building permits, the Applicant/Developer shall 34 of 42 RESPON. AGENCY PW PW PW B B WHEN REQ'D Prior to: and Prior to Issuance of Building Permits During Construction Acceptance of Improvements by City Council Acceptance of hnprovements by City Council Through Completion Issuance of Building SOURCE Works Public Works Public Works Public Works Building Building NO.. CONDITION TEXT 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 Approval will or have been complied with. 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 agencies prior to the issuance of building permits. 108. 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. 109. 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 height minimum. 11 O. 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 35 of 42 RESPON. AGENCY B B,PL B, PL, PW WHEN REQ'D Prior to: Permits SOURCE Issuance of Building Permits Building Occupancy Building Occupancy of any Affected Building Building RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: 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 landscaping and associated improvements. 111. Temporary Fencing. Temporary Construction B Through Building fencing shall be installed along perimeter of all work Completion under construction. 112. Green Building Guidelines. To the extent practical, B,PW Issuance of Building the App licant/Developer shall incorporate Green Grading/Site- Building Measures. A Green Building Plan shall be work Permit submitted to the Building Official for review. and Through Completion 113. Waste Management Plan. The Applicant/Developer B,PW Issuance of DMC shall comply with the City of Dublin Waste Grading/Site- 7.30 Management Plan Ordinance, Chapter 7.30 of the work Permit Dublin Municipal Code. 114. Electronic File. The ApplicantlDeveloper shall B Issuance of Building submit all construction drawings and specifications for Building this project in an electronic format to the satisfaction Permits and of the Building Official prior to the issuance of Issuance of building permits. Additionally, all revisions made to Final the building plans during the project shall be Occupancy incorporated into an "As Built" electronic file and submitted prior to the issuance of final occupancy. FIRE - PARKING GARAGE 115. Emergency Vehicle Access Easement Required. An F Occupancy Fire emergency vehicle access easement is required through the site. 116. Automatic Sprinklers Required. Automatic sprinklers F Occupancy Fire 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 by UL listed central station. 117. Emergency Vehicle Access During Construction. F Combustible Fire Emergency Vehicle Access lanes for the existing Construction or building and the buildings under construction shall be Combustible maintained at all times. All emergency vehicle access Storage On-site 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 mmlmum unobstructed width of 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadwavs under 36 feet wide shall be posted with 36 of 42 RESPON. WHEN NO. CONDmON TEXT AGENCY REQ'D SOURCE Prior to: 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". 118. Addressing Required. All addressing shall be F,PL Occupancy of Fire reviewed and approved through a Master Sign any Affected Program. Approved numbers or addresses shall be Building 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 background. 119. Knox Key Box Required. Knox key boxes are F Occupancy of Fire required at the main entrance to the building and at the any Affected exterior entry to stairs (first floor stair doors) 4 or more Building stories. The Knox box shall contain a key that provides access to the building. Gates or barriers shall meet the requirements ofthe ACFD. 120. Uniform Building and Fire Code Compliance. The F Through Fire garage shall comply with Uniform Building and Fire Completion Codes as adopted bv the City of Dublin. FIRE - HOSPITAL BUILDING 121. Emergency Vehicle Access During Construction. F Combustible Fire Emergency Vehicle Access lanes for the existing Construction or building and the buildings under construction shall be Combustible maintained at all times. All emergency vehicle access Storage On-site 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". 122. Knox Key Box Required. Knox key boxes are F Occupancy of Fire required at the main entrance to the building and at the any Affected exterior entry to stairs 4 or more stories. The Knox box Building shall contain a key that provides access to the building. Gates or barriers shall meet the requirements of the ACFD. 123. Addressing Required. All addressing shall be F,PL Occupancy of Fire reviewed and approved through a Master Sie:n any Affected 37 of 42 RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: Program. Approved numbers or addresses shall be Building 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 background. 124. Uniform Building and Fire Code Compliance. The F Through Fire hospital shall comply with the Uniform Fire Code as Completion adopted by the City of Dublin for emergency vehicle access, Knox boxes, fire flow and hydrant locations. DUBLIN POLICE 125. Non-Residential Security Ordinance. The Applicant! PO, B, PW Issuance of DMC Developer shall comply with all applicable City of Building 7.32.230 Dublin Non-Residential Security Ordinance Permits, requirements. Grading and Site-work Permit and On- going 126. Emergency Telephones. Emergency telephones shall PO,B Issuance of DMC be placed within the parking garage in accordance with Building 7.32.230 DMC ~7.32.230(h)(3). The locations of emergency Permits and telephones shall be noted on the plans. Occupancy 127. Parking Garage Compliance. The parking garage PO,B Issuance of DMC shall meet all requirements set forth In DMC Building 7.32.230 S7.32.230(h)(l). Permits and Occupancy 128. Parking Garage Lighting. A photometric plan shall PO,B Issuance of DMC be submitted demonstrating that the lighting levels in Building 7.32.230 the parking garage meet the requirements of DMC Permits ~7.32.230(c)(10). 129. Parking Garage Ceilings. The parking garage PO,B Issuance of Police ceilings shall be painted white to reflect light. A Building notation shall be included on the plans to this effect. Permits and Occuoancv 130. Closed Circuit Television (CCTV). On-site CCTV PO,B Issuance of Police surveillance cameras shall be installed in the parking Building garage. Monitoring of video-taping shall be the Permits and responsibility of the property manager. The locations Occupancy of cameras shall be noted on the olans. 131. Security Gates. Any security gates installed within PO,B Issuance of Police the parking garage shall allow for emergency access by Building police, fire and ambulances using a keypad that can be Permits and accessed from the driver's window of the emergency Occupancy vehicle. 132. Lighting Requirements. Lighting is required over PO, B, PW Issuance of Police exterior entrances/doors including the service area. Building Exterior lighting used after daylight hours shall be Permits, 38 of 42 RESPON. WHEN NO. CONJ)ITION TEXT AGENCY REQ'D SOURCE Prior to: adequate to provide for security needs. A lighting plan Grading and shall be submitted for review approval. The lighting Site-work plan shall provide a photometric readout with foot- Permit and candles plotted on the site. Occupancy 133. Vandal Resistant Lighting. Vandal resistant covers PO, B, PW Issuance of Police shall be utilized to protect all exterior lighting devices. Building Permits, Grading and Site-work Permit and Occupancy 134. Addressing. All addressing shall be reviewed and PO, B, PL Issuance of Police approved through a Master Sign Program. Addressing, Building including suite designation and building numbers shall Permits and be visible from the approaches to the building. Occupancy 135. Employee Exit Doors. Employee exit doors and PO,B Issuance of Police doors to the rear of tenant spaces shall be equipped Building with 180-degree viewers if there is not a burglary Permits and resistant window panel in the door from which to scan Occupancy the exterior. 136. Parking Entrances. All entrances to the parking PO,B Issuance of Police areas shall be posted with appropriate signs per Sec. Building 22658(A) of the California Vehicle Code and City of Permits and Dublin Ordinance 55-87, Sec.20 and listing the Dublin Occupancy Police Dept. Dispatch phone number 925462-1212, to assist in removing vehicles at the property owner's/ manager's request. 137. Theft Prevention and Security. The Applicant shall PO On-going Police work with the Dublin Police on an ongoing basis to establish an effective theft prevention and security program. 138. Diagrammatic Map. A Diagrammatic Map shall be PO, B, PL Issuance of Police installed at the complex entrances. The Map shall be Building submitted for review and approval in conjunction with Permits and a Master Sign Program. Occupancy 139. Security During Construction. The construction site PO Through Police shall be fenced and locked at all times when workers Completion 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 phone contact numbers of persons responsible for the construction site. Good security practices shall be followed with 39 of 42 RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE . Prior to: respect to storage of building materials and storage of tools at the construction site. DUBLIN SAN RAMON SERVICES DISTRICT lDSRSDl . 140. Prior to issuance of any building permit, complete DSR Issuance of any I DSRSD improvement plans shall be submitted to DSRSD that building permit conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 141. All mains shall be sized to provide sufficient capacity DSR Issuance of any DSRSD to accommodate future flow demands in addition to building permit each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planninj!;. 142. Sewers shall be designed to operate by gravity flow to DSR Issuance of any DSRSD DSRSD's existing sanitary sewer system. Pumping of building permit 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 pumpinj!; station. 143. Domestic and fire protection waterline systems for DSR Issuance of any DSRSD Tracts or Commercial Developments shall be designed building permit to be looped or interconnected to avoid dead end sections In accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 144. DSRSD policy requires public water and sewer lines to DSR Issuance of any DSRSD be located in public streets rather than in off-street building permit 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. 145. Prior to approval by the City of a grading permit or a DSR Issuance of a DSRSD site development permit, the locations and widths of grading permit all proposed easement dedications for water and sewer 40 of 42 . RESPON. WHEN NO. CONDITION TEXT AGENCY REQ'D SOURCE Prior to: lines shall be submitted to and approved bv DSRSD. - 146. All easement dedications for DSRSD facilities shall be DSR Issuance of any DSRSD by separate instrument irrevocably offered to DSRSD building permit or bv offer of dedication on the Final Map. 147. Deleted. 148. Prior to issuance by the City of any Building Permit or DSR Issuance of any DSRSD Construction Permit by the Dublin San Ramon building permit Services District, whichever comes first, all utility by the City or connection fees including DSRSD and Zone 7 plan construction checking fees, inspection fees, connection fees, and permit by fees associated with a wastewater discharge permit DSRSD shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 149. Prior to issuance by the City of any Building Permit or DSR Issuance of any DSRSD Construction Permit by the Dublin San Ramon building permit Services District, whichever comes first, all by the City or improvement plans for DSRSD facilities shall be construction signed by the District Engineer. Each drawing of permit by improvement plans shall contain a signature block for DSRSD 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 signature bv the District Engineer. 150. No sewer line or waterline construction shall be DSR Issuance of DSRSD permitted unless the proper utility construction permit construction has been issued by DSRSD. A construction permit permit will only be issued after all of the items in Condition No. 148 have been satisfied. 151. The ApplicantlDeveloper shall hold DSRSD, its Board DSR On-going DSRSD 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 project. 152. Improvement plans shall include recycled water DSR Final DSRSD improvements as required by DSRSD. Services for Landscape Plan landscape irrigation shall connect to recycled water Approval mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the reauirements therein. 41 of 42 PASSED, APPROVED AND ADOPTED this 15th day of May 2007. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2006\06-026 Dublin Gateway Bldg 3 Mod\Public Hearing Documenls\CC\CC Reso CUP SDR_done.doc 42 of 42