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HomeMy WebLinkAbout6.1 Windstar Attach 11-14 RESOLUTION NO. 07 - 52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN 2??, on Zt6 'V RECOMMENDING THAT THE CITY COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION FOR THE WINDSTAR PROJECT P A 06-009 WHEREAS, Windstar Communities, Inc. proposes to construct 309 residential units on an approximately 3.66 acre vacant parcel located at 6600 Golden Gate Drive. The Project also proposes to amend the West Dublin BART Specific Plan to increase the total number of units permitted for the Residential.land use designation which will only apply to the Windstar property at this time to adopt a PD, Planned Development District rezoning to amend the adopted Stage 1 Development Plan, adopt a Stage 2 Development Plan and a Site Development Review. These proposed actions are collectively referred to as the "Project"; and WHEREAS, the Project relies on the 1990 BART Dublin/Pleasanton Extension Project Environmental Impact Report (SCH#1989011009), the 2001 Dublin Pleasanton BART Station and Transit Village Project Supplemental Environmental Impact Report (SCH#2000042058), the 2000 West Dublin BART Specific Plan Negative Declaration and the 2004 Addendum to the Specific Plan Negative Declaration and Transit Village SEIR. These documents are incorporated herein by reference and . available for review at the Dublin City Hall; and WHEREAS, the City prepared an-Initial Study for the proposed Project consistent with CEQA Guidelines sections 15162 and 15163 and determined that a Mitigated Negative Declaration was required in order to analyze the potential for new or additional significant environmental impacts of the Project beyond those identified in the prior EIRs, Negative Declaration and Addendum; and WHEREAS, based on the Initial Study, the City prepared a Mitigated Negative Declaration dated July 2007 which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project, and which was circulated for public review from July 20,2001 through August 21, 2007; and WHEREAS, the City received one comment letter on the Mitigated Negative Declaration during the public review period, from the California Department of Transportation; and WHEREAS, the City prepared a response to the California Department of Transportation, providing the City's good faith reasoned analysis as to the environmental issues raised in the comments. The comment letter and responses to the comments are attached as Exhibit A and are incorporated herein by reference; and WHEREAS, a Staff Report, dated October 23, 2007.and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration, comments on the Mitigated Negative Declaration, and the Project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the Staff Report and the Mitigated Negative Declaration, including comments and responses, at a noticed public hearing on October 23,2007 at which time all interested parties had the opportunity to be heard; and 1 Attachment 11 2~4~ 2.~7.-- WHEREAS, the Mitigated Negative Declaration dated July 2007, and incorporated herein by reference, together with the comment letter and responses in Exhibit A, constitute the Mitigated Negative Declaration for the Project and reflect the City's independent judgment and analysis on the potential for environmental impacts from the Project. The Mitigated Negative Declaration and related project and environmental documents, including the prior 1990 Dublin/Pleasanton Extension Project EIR (SCH#1989011009), 2001 Dublin/Pleasanton BART Station and Transit Village SEIR (SCH#2000042058), the 2000 West Dublin BART Specific Plan Negative Declaration and the 2004 Addendum to the Specific Plan Negative Declaration and the Transit Village SEIR. All of the documents incorporated herein by reference, are available for review in the City Planning Division at the Dublin City Hall, file P A 06-009, during normal business hours. The custodian of the documents and other materials which constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin CA 94568, attn: Erica Fraser. NOW, THEREFORE, BE IT RESOLVED THAT the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED THAT the Mitigated Negative Declaration together with the previously certified environmental documents adequately describe the impacts ofthe Project. There is no substantial evidence in light of the whole record before the City that the Windstar Project as mitigated will have a significant effect on the environment. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission has reviewed and considered the Mitigated Negative Declaration and hereby recommends that the City Council adopt the Mitigated Negative Declaration as complete, adequate and in compliance with CEQA, the State CEQA Guidelines, and the City of Dublin's Environmental Guidelines, and make all required CEQA findings. PASSED, APPROVED AND ADOPTED this 23rd day of October, 2007. AYES: Schaub, Wehrenberg, Tomlinson, Biddle and King NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\PA#\2006\06-009 Windstar Condos - TMAP, SDR, PD\PD SDR Nov 2006\PC PH\PC Reccomend MND.DOC 2 RESOLUTION NO. 07- 53 t. ~6on 2.~~ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A WEST DUBLIN BART SPECIFIC PLAN AMENDMENT TO INCREASE THE ALLOWABLE DENSITY FOR THE RESIDENTIAL LAND USE DESIGNATION P A 06-009 WHEREAS, the Applicant, Windstar Communities, Inc., has submitted an application to the City regarding a 3.66 acre parcel ("Windstar") located at 6600 Golden Gate Drive (APN 941-1500-046-01); and WHEREAS, the Windstar property is located within the West Dublin BART Specific Plan area; and WHEREAS, the application for the Windstar Project includes a West Dublin BART Specific Plan amendment to increase the allowable density for the Residential land use designation to permit up to 84 dwelling units per acre; and WHEREAS, the proposed amendment will affect only the Project site at this time because this is the only site with a land use designation of Residential in the West Dublin BART Specific Plan area; and WHEREAS, the Project site is currently vacant; and WHEREAS, the Project would amend the West Dublin BART Specific Plan, as noted below: . On page 11, Objective 7.2, increase the maximum allowable density to 84 units per acre; . On page 33, Table 5, change the Residential category to allow up to 84 units per acre and 309 units on 3.66 acres; and . On page 41, under Section5.2, change the Residential land use category to permit between 30 to 84 dwelling units per acre. WHEREAS, the BART Board of Directors certified the 1990 DublinIPleasanton Extension Proje,ct EIR (SCH#1989011009), 2001 Dublin/Pleasanton BART Station and Transit Village SEIR (SCH#2000042058) and the City Council has adopted the 2000 West Dublin BART Specific Plan Negative Declaration and the 2004 Addendum to the Specific Plan Negative Declaration and the Transit Village SEIR which documents were the bases for past City actions concerning the Project site and which contain mitigation measures which continue to apply to this Project; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City as the Lead Agency prepared a Mitigated Negative Declaration for the project entitled "Mitigated Negative Declaration for the Windstar Development" and circulated it for review; and WHEREAS, at its October 23, 2007 hearing, the Planning Commission adopted Resolution OT..52 incorporated herein by reference, recommending that the City Council adopt a Mitigated Negative Declaration for the Project; and ATTACHMENT 12 . . L "?,fA ~ 1..~~ WHEREAS, a Staff Report, dated October 23,2007 and incorporated herein by reference, described and analyzed the Project, including the proposed amendment to the West Dublin BART Specific Plan and the Mitigated Negative Declaration; and WHEREAS, the Planning Commission did hold a Public Hearing on said Project applications on October 23, 2007; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission recommends that the City Council approve the amendments to the West Dublin BART Specific Plan, noted on Page 1 of this Resolution, based on findings that the amendments are in the public interest and are consistent with the Dublin General Plan. PASSED, APPROVED AND ADOPTED this 23rd day of October 2007 by the following vote: AYES: Schaub, Wehrenberg, Tomlinson, Biddle and King NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\PA#\2006\06-009 Windstar Condos.. TMAP, SDR, PD\PD SDR Nov 2006\PC PH\PC Reso GPA SPA.DOC 2 ::? ~., U() 2.. ~ Z-- RESOLUTION NO. 07- 54 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE APPROVING A PD-PLANNED DEVELOPMENT REZONING TO AMEND THE STAGE 1 DEVELOPMENT PLAN AND APPROVE A STAGE 2 DEVELOPMENT PLAN FOR THE WINDST AR PROJECT (APN 941-1500-046-01) P A 06-009 WHEREAS, the Applicant, Windstar Communities, Inc., submitted applications for a 3.66 acre project area located within the West Dublin BART Specific Plan Area. The applications include approval of a PD rezoning with: a) an amendment to a portion of the approved Stage 1 Development Plan (Ordinance 8-04, PA 03-033); and b) approval of a Stage 2 Development Plan for the project area, 3.66 acres located at 6600 Golden Gate Drive. The project proposes a total of 309 residential units and rela~ed site improvements, collectively the "Project"; and . WHEREAS, the Project area is located at 6600 Golden Gate Drive and the property is currently vacant; and WHEREAS, on March 16, 2004, the City Council approved a PD rezoning and related Stage 1 Development Plan for 6600 Golden Gate Drive (APN 941-1500-046, PA 03-.033), Ordinance 8-04, incorporated herein by reference; and WHEREAS, upon preparation of the application described above, in May of 2007, the Applicant requested that the total number of residential units permitted on the site be increased by 99 units for a total of 309 residential units; and WHEREAS, on June 5, 2007, the City Council authorized the initiation of a West Dublin BART Specific Plan Amendment study request to study an increase in the allowable density for the Project site; and WHEREAS, the Applicant has submitted a complete application which is available and on file in the Planning Division for a Stage 1 Development Plan amendment and a Stage 2 Development Plan for the Proj ect; and WHEREAS, the City has prepared a Mitigated Negative Declaration for the Project; and WHEREAS, on October 23, 2007, the Planning Commission adopted Resolution 07-52 recommending that the City Council adopt a Mitigated Negative Declaration, which Resolution is incorporated herein by reference; and WHEREAS, a Staff Report dated October 23, 2007 and incorporated herein by reference, described and analyzed the Project, including proposed amendments to the West Dublin BART Specific Plan and the PD rezoning with related Stage 1 and Stage 2 Development Plan actions; and WHEREAS, the Planning Commission reviewed the Staff Report and the Mitigated Negative Declaration at a duly noticed Public Hearing held on October 23, 2007 at which time all interested parties had the opportunity to be heard; and Attachment 13 ~3~aoZ~~ WHEREAS, the Planning Commission did use its independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission, based on the findings in the attached draft Ordinance, recommends that the City Council approve the ordinance attached as Exhibit A and incorporated herein by reference, which ordinance approves a PD rezoning including related amendment of the Stage 1 Development Plan and adoption of a Stage 2 Development Plan for the Windstar project (P A 06-009). PASSED, APPROVED, AND ADOPTED this 23rd day of October 2007 by the following vote: AYES: Schaub, Wehrenberg, Tomlinson, Biddle and King NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager 2 2 30( If.b 2. 'i? 1--- RESOLUTION NO. 07 - 55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR THE WINDSTAR PROJECT, A 309-UNIT RESIDENTIAL COMMUNITY LOCATED AT 6600 GOLDEN GATE DRIVE (APN 941-1500-046:'01) P A 06-009 WHEREAS, the Applicant, WindstarCommunities, Inc., has requested approval of a Site Development Review for the construction of a 309-unit residential community located at 6600 Golden Gate Drive; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for the construction ofthe residential Project; and WHEREAS, the Applicant has submitted Project Plans for the requested entitlement prepared by MVE Studio received by the Planning Division on October 10,2007; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the BART Board of Directors has certified the 1990 Dublin/Pleasanton Extension Project EIR (SCH#1989011009), 2001 Dublin/Pleasantbn BART Station and Transit Village SEIR (SCH#2000042058) and the Dublin City Council has approved the 2000 West Dublin BART Specific Plan Negative Declaration and the 2004 Addendum to the Specific Plan Negative Declaration and the Transit Village SEIR which relate to this Project; and WHEREAS, pursuant to the CEQA, a Mitigated Negative Declaration has been prepared to address any environmental impacts related to this Proj ect; and WHEREAS, a Staff Report was submitted to the Planning Commission on October 23, 2007 recommending approval of said application; and WHEREAS, the Planning Commission did hold a Public Hearing on said application; and WHEREAS, a proper notice of said Hearing was given in all respects as required by law. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Project, as conditioned, is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordinance because: 1) the proposed Project will be compatible with the surrounding area because the development is designed with respect to the ATTACHMENT 14 d. Lt D ~ 1 g"J..- adjacent properties which are designated for Residential, Commercial and Office uses as well as the AMB residential project which has been approved for the property located adjacent to the Project site as required by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the proposed Project will conform to the density, design, and allowable uses as stated in the West Dublin BART Specific Plan; 3) the Project will be an attractive addition to the City and therefore will meet the requirements of Sections 8.104.020.D and E; and 4) the overall design of the Project is compatible with the urban design guidelines of the West Dublin BART Specific Plan. B. The proposed Project, as conditioned, will be compatible with the surrounding area and complies with the policies of the General Plan and the West Dublin BART Specific Plan, the zoning requirements of the Stage 1 Development and the Stage 2 Rezone in which the Project is located because: J) the overall design of the Project is consistent with the design requirements discussed in urban design guidelines in the West Dublin BART Specific Plan; 2) the overall Project, will be consistent with the allowable density in the West Dublin BART Specific Plan and total development potential for the site as stated in the amended Stage 1 Development Plan; 3) the proposed development is compatible with the General Plan Land Use designation of High-Density Residential which allows for a 25.1 dwelling units or more per acre; 4) the proposed Project is consistent with the overall design requirements of the West Dublin BART Specific Plan which encourages a dense residential project in this location; and 5) the proposed Project will have a pedestrian friendly design with well-articulated elements an consistent architectural design which the proposed Project will achieve. C. The proposed Project, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, nor be detrimental t6 the public health, safety and welfare because: 1) there will not be any significant environmental impacts associated with the Project and the Project has been conditioned to comply with all mitigation measures adopted as part of the 1990 Dublin/Pleasanton Extension Project Environmental Impact Report and the 2001 DublinIPleasanton BART Station and Transit Village Supplemental Environmental Impact Report; 2) a Mitigated Negative Declaration for the Project has been prepared to mitigate impacts resulting from this Project to a less than significant level; 3) the site layout and design of the proposed development is compatible with the future AMB residential development located adjacent to this property to th.e west; and 4) as conditioned, the buildings will be operated in such a manner as to reduce impacts on the surrounding neighborhood. D. The proposed Project will not be injurious to property or improvements in the neighborhood because: 1) the Project has been conditioned to comply with all Building Division, Fire Department, Public Works Department, Planning Division and Dublin San Ramon Services District requirements; and 2) as conditioned, the site will be operated in such a manner as to reduce impacts on the surrounding neighborhood, streets and pedestrian areas. E. The site development for the proposed Project has been designed to provide a desirable environment for the Project and surrounding areas because: 1) as designed, the architecture of the building including roof forms, colors and materials is compatible with the design of existing and approved projects in the vicinity; 2) new street trees, planters and shrubs will be planted along the streets to enhance the built environment; 3) the overall design of the Project is consistent with the design requirements discussed in the West Dublin BART Specific Plan urban design guidelines; 4) the design of the building includes varying heights and forms to create interest; 5) a variety of 2 24 t 00 2~-z.- building materials and colors will be provided to promote interest on the building; 6) the buildings will have four sided architecture; and 7) a new fountain and attractively landscape area will be located on the corner of Golden Gate Drive and St. Patrick Way to provide a ,unique focal point for this area. F. The subject site is physically suitable for the type, density, and intensity of the proposed Project and related structures because: 1) the West Dublin BART Specific Plan envisioned a dense residential development in this area to take advantage of the new BART station as well as jobs, retail and other transit opportunities in the area; 2) the General Plan land use designation for the site permits a density of 25.1 dwelling units or more per acre; and 3) the proposed density of 84 units per acre is consistent with the amended West Dublin BART Specific Plan which allows up to 84 dwelling units per acre on the Project site. G. There are no impacts to slopes or topographic features because: the existing site is relatively flat. H. The character, scale, quality and design of the Project is compatible with the proposed development, existing and approved projects in the area and with anticipated future development in the area because: 1) the proposed Project includes a residential community which is compatible with the future anticipated development of the West Dublin BART Specific Plan area; 2) the proposed Project has been sited with minimal setbacks to the street to enhance the connection between the Project and the pedestrian activity on the adjacent sidewalks; 3) the perceived massing and overall density. of the site has been reduced by pedestrian elements, attractive landscaping, window forms, varying roof forms and varying building wall set backs; 4) the proposed design of the building includes architectural elements which are consistent with the design of the approved residential project located adjacent to this site; 5) the design of the Project is well designed in and of itself and provides an attractive addition to the vicinity; and 6) the proposed color palette is compatible with colors found in the vicinity. 1. Parking on-site will conform to the requirements of the Dublin Zoning Ordinance, Stage 1 Planned Development Zoning and as amended by the Stage 2 Development Plan because: 1) a total of 566 parking stalls are required to be provided for the Project based on the requirements of the Zoning Ordinance; 2) the Project proposes a total of 479 parking stalls which will result in a deficit of 87 parking stalls over what is required by the Zoning Ordinance; 3) the Project proposing 435 stalls to be dedicated to resident parking and 44 parking stalls dedicated to guest parking; 4) the proposed parking ratio for the Project is 1.55 parking stalls per unit; 5) a Triggering Analysis was prepared for the Project by TJKM which examined the provision of parking for the development; 6) the Triggering Analysis concluded that a parking ratio of 1.55 stalls per unit was warranted based on the fact that the Project is a transit oriented development and is located in close proximity to the new West Dublin BART Station; and 7) the reduced parking ratio has been approved as part of the Stage 2 Planned Development Rezone for the site. J. The landscaping will provide an attractive feature, will be compatible with the surrounding area and will conform to the Stage 1 Planning Development Zoning and Stage 2 Planned Development Rezone because: 1) new street trees, per the City's Streetscape Master Plan, will be planted along the street; 2) landscape planters in addition to the street trees and accent trees, will be located adjacent to the street to promote a pedestrian friendly environment and to offer additional landscape materials in the area 3) a mix of attractive plantings is located throughout the site; and 3 242 OQ 2~-z.-- 4)a fountain with accent landscaping has been provided at the corner of GQlden Gate Drive and St. Patrick Way to provide a unique focal point for the Project as well as the Specific Plan area. K. Approval of this amendment complies with Chapter 8.58 relating to the Public Art Contribution because: 1) the proposed Project has been conditioned to require the Project to comply with Chapter 8.58, Public Art Contribution, of the Dublin Zoning Ordinance and the Applicant will install public art on the site. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve said application, Site Development Review, for Windstar, a 309-unit residential project, as generally depicted in the written statement and Project Plans prepared by MVE Studio and to the Landscape Plans prepared by the Guzzardo Partnership received by the Planning Division on October 10, 2007 labeled Attachment 9 of the October 23, 2007 Planning Commission Agenda Statement, stamped approved, and on file with the Community Development Department, subject to the following conditions: BE IT FURTHER RESOLVED that this approval of the Site Development Review shall not take effect until the Stage 1 Development Plan amendment and Stage 2 Planned Development Rezone and Specific Plan Amendment has been adopted by the City Council. CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and . approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7], Alameda County Flood Control and Water Conservation District, Zone 7, [LA VTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. 1. Approval. This Site Development Review approval for the Windstar residential development, P A 06-009 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform to the project plans submitted by MVE Studio received October lO, 2007 on file III the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. Permit Ex iration. Construction or use shall PL On-going Planning 2. PL One year from DMC 4 24~ot2~v 3. commence within one (1) year of Permit approval or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval or demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings III appropriate circumstances. If a Permit expires, a new application must be made and processed according to the re uirements of this Ordinance. Time Extension. The original approving decision- maker may, upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the articular Permit. Permit Validity. This Site Development Review approval shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the project's conditions of ap roval. Revocation of permit. The Site Development Review approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this ermit shall be subject to citation. Requirements and Standard Conditions. The App Ii c ant/ Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services,.. Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any 5 4. 5. 6. PL PL PL Various permit approval One year from permit approval On-going On-going Building Permit Issuance 8.96.020. D DMC 8.96.020.E DMC 8.96.020.F DMC 8.96.020.1 Standard improvements related to this project, the Developer shall supply written statements from each such agency or .department to the Planning Department, indicating that all applicable conditions required have been or will be met. 7. Required Permits. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the ermits to the Public Works Department. 8. Fees. Applicant/Develop~r shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be ado ted and a licable. 9. Parkland Fee. Parkland shall be dedicated and / or in- lieu fee paid, prior to approval of the Final Map or issuance of building permits, whichever occurs first, in accordance with the City's Subdivision Ordinance. 10. Indemnification. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's tly 6 PW Various Various ADM Building Permit Issuance Building Permit Issuance Approval of Final Map or Issuance of Building Permit (whichever comes first) On-going Standard Various Standard Administr ationlCity Attorney 21f5U02~v notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 11. Clarification of Conditions. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make mInor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from im acts to this roject. 12. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 13. Modifications. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 14. Controlling Activities. The Applicant/Developer shall control all activities on the project site so as not to create a nuisance to the existing or surrounding businesses and residences. 15. Soft Building Materials. Soft Foam or efis type material may be installed no closer then 6 feet from the earth or paved areas. 16. Accessory/Temporary Structures. The use of any accessory or temporary structures, such as storage sheds or trailer/ container units used for storage or for any other purposes, shall be subject to review and a proval by the Community Develo ment Director. PW On-going Public Works Planning DMC 8.104.100 Planning Planning DMC 8.l08 17. Mitigation Monitoring Program. The Applicant/ Developer shall comply with all applicable mitigation measures included in the 1990 Dublin/Pleasanton Extension Project Environmental Impact Report, the 2001 Dublin/Pleasanton BART Station and Transit Village Supplemental Impact Report and the 2007 Windstar Mitigated Negative Declaration. 18. E uipment Screening. All electrical and/or 7 PL On-going PL On-going PL On-going PL Building Permit Issuance/ On-going On-going PL PL On-going PL Building Adopted Environm ental Document s Planning mechanical equipment shall be screened from public VIew. Any roof-mounted equipment shall be completely screened from VIew by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Director of Community Development. 19. Colors. The exterior paint colors of the buildings are PL subject to City review and approval. The Applicant shall paint a portion of the building the proposed colors for review and approval by the Director of Community Development pnor to painting the buildings, whose approval shall not be unreasonably withheld. 20. Trash and Recycling Bins. Trash and recycling bins PL may be temporarily located outside of the parking structure for pick-up only. If the trash and recycling bins are temporary moved outside, the bins must be immediately relocated inside the building after the ick-u has occurred. 21. Awnings. All awnings shall be maintained in a like PL new manner. If the awnings become torn, damaged or faded or if reasonably required by the Community Development Director the awnmgs shall be immediately replaced. 22. Railings. Each balcony railing shall have an opaque PL material behind the railing, or the balcony shall be constructed to be opaque, to block views of the balcony area. 23. Trash and Waste Accumulation. The Applicant or PL any future owner shall provide and conduct regular maintenance of the site at least once daily, in order to eliminate and control the accumulation of trash, excess waste materials and debris. 24. Hydrologic Analysis. The Applicant shall prepare a PL, Zone 7 Hydrologic Analysis to show that runoff from the site will not impact downstream facilities. Zone 7 shall review the analyses for completeness and accuracy and shall approve the analysis prior to issuance of a Building Permit. 25. Sign age. Signage shall be installed on the internal PL driveway system which states that the parking stalls are limited to two hour parking Monday through Friday 8 Permit Issuance Through Completion! On-going Occupancy On-going On-going On-going On-going Issuance of Building Permits Master Sign Program Planning Planning Planning Planning Planning Mitigated Negative Declaratio n Mitigated Negative Declaratio ~ 41 an -Z~v from 7 am to 5 pm. This signage shall be included in the Master Sign Program and shall be installed prior to Occupancy. 26. Master Sign Program. Prior to Occupancy, the Applicant or Developer shall apply for and receive approval of a Master Sign Program for all signage associated with this project. 27. Guest Parking. The Building Permit plans shall show that the parking layout has been modified so that 411 stalls are provided for resident parking and 68 parking stalls are provided for guests (with 44 of the guest stalls located on the internal driveway). 28. Resident Stalls. Prior to Occupancy, the owner/developer shall provide proof that the resident arking stalls are assigned to residents. 29. .Flex Car. The Applicant shall research flex car opportunities for the residents and incorporate a flex car into the roject if feasible. 30. Exterior Colors. The powder sand color shall be used as an accent color only and the locations where shown as a body color on the project plans shall be removed and replaced with a color which is compatible with the building, as approved by the Community Development Director. 31. Elevations. The Applicant shall modify the building and landscaping at the corner of St. Patrick Way and Golden Gate Drive to make a more interesting focal point on this corner, as approved by the Community Develo ment Director. Occupancy PL Occupancy n Planning . Planning Planning Planning Planning Planning 32. Final Landscape and Irrigation Plans. Final Landscape and Irrigation Plans, prepared and stamped by a State licensed landscape architect or registered engineer, shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the landscape plans prepared by The Guzzardo Partnership, Inc., received by the Planning Division on October lO, 2007, except as modified by the Conditions listed below and as required by the Community Development Director. 33. Plant Species. Plant speCIes shall be selected according to use, sun/shade location and space available. The landscape plan should include I ant 9 PL Issuance of Building Permit PL Occupancy PL Occupancy PL Issuance of Building Permit PL Issuance of Building Permit PL Building Permit Issuance PL Building Permit Issuance DMC 8.72.030 Planning species that are not salt sensitive. Street trees shall be high branching and produce minimal litter. 34. Slopes. The landscape plan shall address slopes within PL the property, including erOSIOn, maintenance and irrigation issues. All slopes 'shall have a one-foot level area at top and bottom of the slope for maintenance. 35. Landscaping at Street/Drive Aisle Intersections. PL Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general ublic surveillance ca abilities of the area. 36. Lighting. The Applicant/Developer shall prepare a PL, PW, PO photometric plan to the reasonable satisfaction of the City Engineer, Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. The photometric plan shall show lighting levels which takes into consideration poles, low walls and other obstructions. Exterior lighting shall be provided within the parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The plan shall shows measurements for the parking structure, connecting paths, outdoor parking area and outside of residential areas. Lighting inside of the parking structure shall be of a level which is high .enough to promote safety within the structure, at no point should the lighting level be below 1.5 foot candles. The parking lot lights shall also be designed to eliminate any pockets of high and low illuminated areas. Prior to Occupancy, the Applicant shall request an inspection of the lighting levels in the structure to determine if lighting is sufficient. If additional lights are required to be installed to meet the 1.5 foot-candle requirement, the Applicant shall do so pnor to Occu ancy. 37. Street Lights and Trees. Maintain approximately 15' PL, PO clearance between streetlights and street trees. Where such clearance IS not practical for design considerations, the s acing between the trees shall be 10 Building Permit Issuance Planning Building Permit Issuance Planning Building Permit Issuance Planning Building Permi t Issuance Planning increased and the size of the trees shall be increased to 36" box minimum to reduce the conflict between the lighting and foliage. 38. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irrigation and Maintenance Agreement. 39. Landscape Borders. Where applicable, all landscaped areas shall be bordered bya concrete curb that is at least 6 inches high and 6 inches wide. Any curbs adjacent to parking spaces must be 12 inches wide to facilitate pedestrian access. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). All landscape planters within the parking area shall maintain a minimum 5 foot radius, or be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. Concrete mow strips at least 4 inches deep and 6 inches wide . shall be required to se arate turf areas from shrub areas. 40. Landscaping. Applicant/Developer shall construct all landscaping within the site and along the project frontage. The on site landscaping shall be per the approved plans. The street trees on the frontage landscaping shall be a minimum 24" box, their exact tree locations and varieties shall be approved by the Community Development Director and the City Engineer. 41. Plant Standards. Plant Standards. All trees that are on the exterior building perimeter shall be 24" box minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minimum 42. Maintenance of Landscaping. All landscaping materials within the public right-of-way shall be maintained for 90 days 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 modifications to the landscaping on the site, including the removal or replacement of trees (unless such removal or re lacement are with the same 11 PL PL PL,PW PL PL Building Permi t Issuance Building Permit Issuance Building Permit Issuance Occupancy On-going DMC 8.72.050. B Planning Planning! Public Works Planning City of Dublin Standards Plant Material, Irrigation System and Maintenan ce Agreemen t tree), shall require prior review and written approval from the Community Develo ment Director. 43. Backtlow Prevention Devices. The Landscape Plan PL, PW, F shall show the location of all backflow prevention devises. The location and screening of the backflow prevention devices shall be reviewed and approved by City staff. 44. Root Barriers and Tree Staking. The landscape plans PL, PW shall provide details showing root barriers and tree staking will be installed which meet current City s ecifications. 45. Water Efficient Landscaping Ordinance. The PL Applicant/ Developer shall submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landsca ing Ordinance. 46. Shrubs. All shrubs shall be continuously maintained PL including pruning and regular watering. If at any time the shrubs in the parking lot or throughout the project site are damaged, missing, dead or dying, these shrubs shall be immediately replaced with the same species to the reasonable satisfaction of the Community Develo ment Director. 47. Trees. The property owner shall continually maintain PL all trees shown on the approved Landscape Plans including replacing dead or dying trees with the same species, pruning and regular watering of the trees. Within five years and every five years thereafter, all trees which are to be installed in conjunction with this phase of the project shall show normal growth to the reasonable satisfaction of the Community Development Director. If the trees have not shown normal growth, the property owner shall replace the trees to the reasonable satisfaction of the Community Development Director. 48. Traffic Circle. The Landscape Plans shall show PL irrigation and landscaping in the traffic circle at the terminus of Golden Gate Drive. Building Permit Issuance Building Permit Issuance Building Permit Issuance On-going On-going Approval of Landscape Plans Planning Planning DMC 8.88 Planning Planning 49. Building Codes and Ordinances. All project B construction shall conform to all building codes and ordinances in effect at the time of building permit. 50. Retaining Walls. All retaining walls over 30 inches in B 12 Through Completion Issuance of Building Building height and in a walkway shall be provided with guardrails. All retaining walls over 24 inches with a surcharge or 36 inches without a surcharge shall obtain permits and ins ections from the Building Division. 51. Phased Occupancy Plan. If occupancy is requested to occur in phases, hen 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 handiwork items approved by the Community Development Department. The Phased Occupancy Plan shall be submitted to the Community Development Director and Public Works Director 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 ar.ea IS finished, safe, . accessible and provided with all reasonable expected services and amenities and separated/protected from remammg additional construction activity. Subject to reasonable approval of the Community Development Director, the completion of landscaping may be differed due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated im rovements. 52. Building Permits. To apply for building permits, Applicant/Developer shall submit eight (8) sets of construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how the applicant has or will comply with the Conditions of Approval. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 53. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed 13 B Building Permits And Occu ancy Occupancy of Building Any Affected Building B Issuance of . Building Building Permits B Issuance of Building Building Permits 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. 54. Mechanical Equipment. Air conditioning units, ventilation ducts, vents and' all other mechanical equipment shall be screened from public view with materials compatible to and well integrated into the design of the main building. If installed at grade, units shall be permanently installed on non-movable materials as reasonably approved by the Building Official and Director of Community Development. 55. Engineer Observation. The Engineer of record shall be retained to provide observation services for. all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector rior to scheduling the final frame ins ection. 56. Addressing. The following must be provided: 1. A plan for the display of addresses. The Building Official and Community Development Director shall approve the plan prior to the issuance of Building Permits. 11. Address signage shall be provided as per the Dublin Residential Security Code prior to Occupancy. 111. Exterior address numbers shall be illuminated and posted in such a way that they may be seen from the street. In cases where the address is posted on a street side other than the street the building is addressed on, the address shall include the name of the street the building is addressed on prior to issuance of Building Permits. IV. An approved apartment unit-numbering plan shall be incorporated into the construction drawings and shall be approved prior to issuance of Building Permits. 14 B,PL Occupancy Building B Prior to Frame Building Inspection B Issuance of Building Building Permits And Occupancy 57. Foundation. The Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division from the Geotechnical Engineer stating that the Engineer has approved the foundation design. 58. Green Building Guidelines. To the extent practical, the applicant shall incorporate Green Building Measures. A Green Building plan shall be submitted to the Building Official for review. 59. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material designed for Cool Roofs. 60. Electronic File: The applicant/developer shall submit all building drawings and specifications for this project in an electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occu ancy. 61. Construction Trailer: Due to size and nature of the development, the applicant/developer, shall provide room or space within a construction trailer with all hook ups for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. The space shall be large enough for plan review and general paperwork and the size shall be a roved b the Buildin Official. B B B B B Issuance of Building Building Permits Through Building Completion Through Building Completion Prior to First Building and Final Inspection Through Building Completion 62. New Fire SpriD:kJer System & Monitoring Requirements. In accordance with The Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFP A 13, the Ca Fire Code and Ca Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may' be a deferred submittal. 63. Sprinkler Plans. A detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculation shall be submitted to the Fire Department for ap roval and ermit prior to installation. 15 F F Prior to Fire Installation and Construction Completed and Approved Prior to Occupancy Prior to Fire Installation and Construction Completed and All sprinkler system components shall remam m compliance with the applicable N.F.P.A. 13 Standard, the Ca Fire Code and the CA Building Code. 64. Underground Plans. Detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations shall be to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the Ca Fire Code. and the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire De artment. 65. Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. The central station monitoring servIce shall be either certificated or placarded as defined in N.F.P.A. Standard No. 72. Assure the specific account is UL Certificated or Placarded and not just the monitoring station. 66. Monitoring System Plans If it is necessary to install a fire alarm monitoring system or modify an existing system in order to obtain a Certificated or Placarded account, plans and specifications shall be submitted to the fire department for review and approval of the installation or modifications. 67. Alarm. Fire sprinkler system shall have an audible alarm in each suite served by the fire sprinkler system. 2002 NFPA 13 section 6.9.1 68. Fire Alarm (detection) System Modifications. The Fire Alarm System shall be modified as necessary to provide protection for all tenant improvements as required by NFP A 72 for full property protection coverage, including combustible concealed spaces. If the system also serves as an evacuation system, compliance with the horn-strobe requirements throughout the s ace will be necessary. 69. Fire Alarm Plans. Submit detailed drawings of all fire alarm modifications, including cut sheets, listing 16 Approved Prior to Occupancy F Improvement Plans Fire F Occupancy Fire F Installation Fire F Occupancy Fire F Occupancy Fire F Installation Fire sheets, and voltage & battery calculations to the Fire Department for review and permit prior to installation. All fire alarm system components shall remain in compliance with the NFP A. 72, the Ca Fire Code and the CA Building Code. 70. Central Station Monitored Account. Automatic fire alarm systems shall be monitored by an approved central alarm station. Zoning and annunciation of central station alarm signals shall.be submitted to the Fire Department for approval.' The central stati'on monitoring servIce shall be either certificated or lacarded as defined in N.F.P.A. Standard No. 72. 71. Qualified Personnel. The system shall be inspected, tested, and maintained III accordance with the provisions of Chapter 7 of NFP A 72. Only qualified and experienced persons shall perform this work. Examples of qualified individuals are those who have been factory trained and certified or are NICET Fire Alarm Certified. 72. Inspection & Testing Documentation. Upon final inspection, proof that the specific account is UL Certificated or the entire system has been inspected and tested in accordance with NFP A 72 must be provided along with a copy of the maintenance contract or other acceptable documentation showing that the system will continue to be maintained, tested and ins ected in accordance with NFP A 72. 73. Detection System. A Fire Alarm-Detection System shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFP A 72. The system shall be installed in accordance with NPF A 72, Ca Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. 74. Fire Alarm Plans. Submit detailed drawings of the fire alarm system, including cut sheets, listing sheets and battery and voltage drop calculations to the Fire De artment for reVIew and permit pnor to the 17 F F F F F Occupancy and On..,going Fire On-going Fire Occupancy Fire Occupancy Fire Installation Fire installation 75. Central Station Monitored Account. Automatic fire alarm systems shall be monitored by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be approved by the Fire Department. The site account shall be either certificated or placarded as defined III N.F.P.A. Standard No. 72. 76. Qualified Personnel. The system shall be installed, inspected, tested, and maintained in accordance with the provisions of Chapter 7 of NFP A 72. Only qualified and experienced persons shall perform this work. Examples of qualified individuals are those who have been factory trained and certified or are NICET Fire Alarm Certified. 77. Inspection & Testing Documentation. Performance testing in the presence of the Fire Inspector and Inspection shall occur prior to final of the system. Upon this inspection, proof that the specific account is UL Certificated must be rovided to the Fire Ins ector. 78. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The final number and location of extinguishers shall be as indicated by the fire inspector. Fire extinguisher shall meet a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less shall be mounted no higher than 5 feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced by a licensed concern annually. 79. Building Access. A Fire Department Key Box shall be installed at the main entrance to the Building. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys are to be rovided to the fire inspector u on the final inspection. 18 F Occupancy and Fire On-going F On-going Fire F Inspection and Fire Testing F Occupancy CFC 1002 F Occupancy CFC 902.5 The ins ector will then lock the keys into the box. 80. Manual Gates. Each manually operated gate that serves as a means of fire access shall have installed a Knox Key Box accessible from the entrance side of the gate. Where the locking method of the gate is by a chain a Knox padlock shall be installed on the chain. The key box door and necessary keys are, to be provided to the fire inspector upon the final inspection. The ins ector will then lock the keys into the box. 81. Automatic Gates. All electrically controlled gates shall be provided with an emergency gate over-ride key switch for fire de artment access. 82. Gate Approvals. Fencing and gates that cross pedestrian access and exit paths as well as vehicle entrance and exit roads need to be approved for fire department access and egress as well as exiting provisions where such is applicable. Plans need to be submitted that clearly show the fencing and gates and details of such. This should be clearly incorporated as art of the site Ian with details rovided as necessary. 83. Exit Signage. Exit SIgnS shall be visible and illuminated with emergency lighting when occupant load exceeds 100 ersons. 84. Maximum Occupant Load. Posting of room capacity is required for any occupant load of 50 or more persons. Submittal of a seating plan on 8.5" x 11" paper is required prior to final occupancy. F Occupancy F Occupancy F Issuance of Building Permit F Occupancy F Occupancy 85. General Inspection. Upon inspection of the work for which this submittal was provided, a general ins ection of the business and site will be conducted. 86. Exit Hardware. All exit hardware, even when the door is in a locked position, shall be openable from the egress side within one action. No keys, special knowledge or effort shall be,' required. Hardware shall be of a type, such as panic or lever-acting, that does not require grasping. Where additional locks or latching devices are desired on the door, such shall be interconnected to the exit hardware so upon activation of the exit hardware all locks and latches release with that one action. 87. Main Entrance Hardware Exception. It IS recommended that all doors be provided with exit hardware.that allows exiting from the egress side even 19 F Occupancy F Occupancy F Occupancy CFC 902.2.4 Fire CFC 902.2.4.2 CFC 1211 & 1212 CFC 2501.16 CFC .1101.1 CFC 1207 CFC 1207.4 when the door is in the locked condition. However, an exception for A-3, B, F, M, S occupancies and all churches does allow key-locking hardware (no thumb- turns) on the main exit when the main exit consists of a single door or pair of doors. When unlocked the single door or both leaves of a pair of doors must be free to swing without operation of any latching device. A readily visible, durable sign on or just above the door stating "This door to remain unlocked whenever the building is occupied" shall be provided. The sign shall be in letters not less than 1 inch high on a contrasting background. This use of this exception ma be revoked for cause. 88. Security Requirements. The Applicant/Developer PO shall comply with all applicable City of Dublin Residential Security requirements and the parking structure shall conform with the Non-Residential Security Ordinance Re uirements.. 89. Radio Frequency. The Developer shall ensure that PO there is radio frequency transmit and receive capabilities for PoliceIFire/ Ambulance within the parking structure and housing. Prior to Occupancy, the Developer shall schedule an appointment with the Police Department to test the radio frequency transmission. 90. Security Gates. Perimeter fencing and/or gates shall PO, PW be provided to control access into the garage 91. Parking Garage Access Gates. Security gates within PO the parking structure shall allow for emergency access by Police, Fire and Ambulances using radio frequency activation or a keypad that can be accessed from the driver's window of the emergency vehicle. 92. Driveways. Driveway widthS and locations including PO the parking structure are to be approved by the City of Dublin Public Works Department. 93. Lighting. Lighting is required over exterior PO, PW, PL entrances/doors including the service areas. Exterior lighting used after daylight hours shall be adequate to provide for security needs, A lighting plan shall be submitted for approval. The lighting plan shall provide a photometric readout with foot-candles plotted on the site. 20 Issuance of Building Permits On-going Occupancy Issuance of Building Permits Issuance of Building Permits And Occupancy Issuance of Building Permi ts Issuance of Building Permits Police Police Police Police Police Police z..- 94. Vandal Resistant Lights. Vandal resistant covers shall protect all exterior lighting devices. 95. Addressing. Addressing and building numbers shall be visible from all a pro aches to the building. 96. Landscaping. 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. Landscaping features and outdoor amenities shall be designed to reduce their attractiveness to skateboarders and vandals. 97. Theft Prevention. The Applicant shall work the Dublin Police Department on an ongoing basis to establish an effective theft prevention and security rogram. 98. Exit Doors. Employee exit doors and doors to the rear of tenant spaces shall be equipped with l80-degree viewers if there is not a burglary resistant window pane in the door from which to scan the exterior. 99. . Maps. Diagrammatic maps shall be included in the Master Sign Program for the project. The.maps shall be illuminated during hours of darkness and shall be located at each entry into the parking structure and com lex entrances. 100. Signs. All entrances to the parking areas shall have signage posted in accordance with Section 22658(AO of the California Vehicle Code and City of Dublin Ordinance 55-87, Section 20 and shall list the Dublin Police Department Dispatch Phone number, 925-462- 1212, to assist in removing vehicle at the property owner's/manager's re uest. 101. Signs. All entrances from the parking area to the residential areas (i.e. elevator lobbies, stairwells) shall be posted with signage indicating address ranges accessible from those points of entry. 102. Emergency Phones. Emergency telephones shall be placed within the parking structure in several locations on each floor and shall follow the Ordinance guidelines and each location shall have a blue light noting the location of the phone. Prior to issuance of a Building Permit, specifications on the emergency phone shall be provided to the Police Department and Community Development Department for review and 21 PO PO PO PO PO PL,PO PL PO PL,PO Issuance of Building Permits Occupancy On-going And Issuance of Building Permits On-going Issuance of Building Permits Master Sign Program Approval Issuance of Building Permits Occupancy Issuance of Building Permits And Occupancy Police Police Police Police Police Police Police Police Police a proval. 103. Cameras. CCTV security cameras shall be located within the parking structure. Monitoring and video- taping shall be the responsibility of the complex management company. The location of the video surveillance cameras shall be indicated on the floor plan for the garage. 104. Garage Openings. Exterior openings in the parking structure shall be fenced to restrict access and deter tres assers. 105. Parking Lot Columns. Columns within the parking structure must be painted white to reflect available lighting. 106. Pedestrian Paths. Pedestrian paths III parking structures must have the pedestrian paths marked with crosswalks. 107. Convex Mirrors. Blind corners In the parking structure and stairwells shall be provided with shatter- proof convex mirrors to improve visibility for both o erators of vehicles and edestrians. PO Issuance of Building Permits Police Police Police Police Police 108. Compliance. The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and. Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes 'and ordinances in effect at the time of building permit. 109. Wells or Exploratory Boring. Any water well, cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. 110. Encroachment Permit. An encroachment permit from the Public Works Department may be required for any work done within the public right-of-way even if covered under an Improvement Agreement. 111. Easement Abandonment. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right of ways that will no longer be used. 112. Easements. The Developer shall acquire easements, 22 PO Issuance of Building Permi ts Occupancy PO PO Occupancy PO Occupancy PW On-going PW Through Completion PW On-going PW Issuance of Grading! Sitework Permit Issuance of PW Public Works Public Works Public Works Public Works Public 2 f.p l D:b 2$"'2/ and/or obtain rights-of-entry from the adjacent property owners for any improvements on their property. The easements and/or rights-of-entry shall be in writing and co ies furnished to the City Engineer. 113. Sidewalks. All public sidewalks must be within City right-of-way or in a pedestrian access easement unless approved by the City Engineer. 114. Grading Plan. The Grading Plan shall be III conformance with the recommendations of the Geotechnical Report, the approved Tentative Map, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall ap ly.- 115. Public Improvements. Allpublic improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer. 116. Water and Sewer Facilities. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project III accordance with DSRSD master plans, standards, s ecifications and requirements. 117. Fire Hydrants. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 118. Street Lights. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum voltage drop for streetlights is 5%. 119. Street Signs. The Developer shall furnish and install street name signs, and traffic signs & marking for the project as required by the City Engineer. 120. Decorative Pavement. Any decorative pavement installed within City right-of-way requires approval of the City Engineer. Where decorative paving is installed in public streets, pre-formed traffic signal loops and sleeves to accommodate future utilities shall put under the decorative avement. Maintenance costs of the 23 Grading! Sitework Permi t PW Issuance of Grading! Sitework Permit Issuance of Grading! Sitework Permit PW PW Issuance of Grading! Sitework ,Permit Issuance of Grading! Sitework Permit PW PW Issuance of Grading! Sitework Permit PW Issuance of Grading! Sitework Permi t PW Occupancy PW Issuance of Grading! Sitework Permit Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works Public Works decorative paving shall be included in a landscape and lighting maintenance assessment district or other funding mechanism acceptable to the City Engineer. 121. Drainage. To the maximum extent possible, roof drainage shall drain across bio-swales or into bio- filters prior to entering the. storm drain system. The landscaping and drainage improvements in the bio- swale and bio- filters shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this requirement if space limitations prevent adequate water treatment without creating hazards, nUIsance or structural concerns. Concentrated flows will not be allowed to drain across ublic sidewalks. 122. Utilities. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets and as necessary to serve the project as approved by the City Engineer and the various Public Utility agencies. 123. Underground Utilities. All electrical, gas, telephone, and Cable TV utilities, shall be underground III accordance with the City policies and ordinances. All util~ties shall be located and provided within public utility easements and sized to meet utility company standards. 124. Utility Vaults. To the maximum extent practicable, all utility vaults, boxes and structures shall be underground and placed III landscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. PW PW PW PL,PW Issuance of Building Permit Issuance of Grading! Sitework Permit Issuance of Grading! Sitework Permit Issuance of Grading! Sitework Permit Public Works Public Works Public Works Public Works 125. Standard Public Works Conditions of PW On-going Public Approval. Applicant/Developer shall comply with Works all applicable City of Dublin Public Works Standard Conditions of Approval (Attachment A). In the event of a conflict between the Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 126. Improvement and Grading Plans. All PW Issuance of Public improvement and grading plans submitted to the Grading! Works 24 2 v;~iJfJ 2~2-- Public Works Department for review/approval shall be prepared in accordance with the approved Tentative Map, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8-112" x 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 8-1/2" 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). 127. Grading/Sitework Permit. All site improvement work and public right-of-way work must be performed per a Grading!Sitework Permit issued by the Public Works Department. Said permit will be based on the final set of improvement plans to be . approved once all of the plan .check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-112" x 11" pages) for more information. The Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 128. Survey Control. Survey monuments shall be set in finished public streets and at designated property comers or other control points in accordance with the final maps recorded for this project, and as required by the City Engineer/Public Works Director. Said street monuments shan be set within a tolerance of twenty (20) seconds for any angle and 1 in 25 Sitework Permit PW Issuance of Grading! Sitework Permit Public Works PW Acceptance of Improvements by City Council Public Works 2(P4Vf) 2~z- 10,000 feet for distances between monuments as required by Municipal Code 99.20.040. Pursuant to Subdivision Map Act 966497, the surveyor of record shall, within five days after the final setting of all monuments, give written notice to the City Engineer/Public Works Director that the final monuments have been set. The Applicant/Developer shall then present evidence to the City Engineer/Public Works Director of the payment and receipt of payment by the surveyor of record for the monument setting. '129. Storm Drainage Study. Applicant/Developer shall prepare a Storm Drainage Study for the properties and roads'to be developed/constructed with the project. The Study, including a hydrology map and hydraulic calculations, shall include an analysis of all existing and proposed pipes within the watershed. According to Zone 7, this property drains to Zone 7's Line T, also known as Dublin Creek. The analysis shall assume runoff characteristics from neighboring properties in their fully-developed condition utilizing land use designations from the West Dublin BART Specific Plan. The Study must demonstrate that design flows do not adversely impact existing hydraulics downstream of the project, or that downstream impacts will be mitigated with improvements to the City's pipe network, or Zone 7' s channel network. All storm drain improvements and mitigation measures identified in the Study and/or reasonably specified by the City Engineer/Public Works Director shall become requirements of this project. 130. Storm Drain Improvements. Prior to issuance of the Building Permit for any building whichis part of the Project, the storm drainage systems off-site as well as on-site serving the areas to be occupied shall be improved to the reasonable satisfaction and requirements ofthe Dublin Public Works Department applying City's and Zone 7 Water Agencies standards and policies. If not shown on the Ve~ting Tentative Map, an inlet or manhole shall be provided at the right-of-way line to delineate the boundary between City and private maintenance of the pipes. The Applicant shall ac uire a storm drain easement and/or obtain a 26 PW Issuance of Grading! Sitework Permit Public Works PW Issuance of Building Permit Public Works right-of-entry from BART for storm drain improvements proposed to be constructed on their property. The easements and/or rights-of-entry shall be in writing and copies furnished to the City Engineer. 131. Overland Storm Drain Flow. To accommodate potential overland flow, the parking lot grading and on-site storm drain system shall be designed to convey storm water overland to the public street. right of way without inundating the buildings in the event the pipe network becomes plugged. 132. FEMA Flood Zone. According to the Flood Insurance Rate Map, Community Panel Number 060705-0001-B, published by FEMA, the Zone AE flood elevation is contained within the Dublin Creek and varies between 346 and 347. All proposed structures must be elevated at least l- foot above this flood elevation, or the structures shall be flood-proofed. 133. ,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/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to natural water quality features proposed for the site, in-line filtration devices may be necessary to serve runoff areas that will not drain to natural water quality features due to grading constraints. All trash dumpsters and recycling area enclosures that are not located inside the building shall have roof enclosures to prevent contaminants from washing into the storm drain system. The enclosures shall be fitted with floor drains that discharge to the sanitary sewer system, and hose bibs for periodic wash-down. The applicant shall file a Notice of Intent with the 27 PW Issuance of Grading! Sitework Permit PW Issuance of Grading! Sitework Permit PW Issuance of Grading! Sitework Permit Public Works Public Works Public Works RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan for the City Engineer/Public Works Director's review/approval. Finally, all storm drain inlets serving vehicle parking areas shall be stenciled using stencils available from the Alameda Countywide Clean Water Program. 134. Storm Water Treatment Measures Maintenance Agreement. Applicant/Developer shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii ofRWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. 135. Covenants, Conditions and Restrictions (CC&Rs). When the apartments are converted to condominium uni~s and sold as such, an Association shall be formed by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the name of the association, ownership of the private access roads, the restrictions on the use or enjoyment of any portion of the access roads for maintenance and/or access, and the bylaws, rules and regulations of the Association. Prior to recordation, said CC&R document shall be reviewed by the City for compliance with this Condition. The CC&Rs shall address the following: a. Maintenance of the private access roads, any common utilities, and any common areas. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all commonly owned facilities. In the event that any area falls into a state of disrepair or fails to meet the Performance Standards established by the CC&R's, the City will have the right but not the obligation to take corrective measures and 28 PW Acceptance of Improvements by City Council Public Works PW Occupancy Public Works bill the Association for the cost of such repair and corrective maintenance work plus City overhead, but only after the City gives written notice of such failure of performance and after the current owner has a right to cure. The Dec1aratio~ shall specify that, as it pertains to the maintenance of the above-listed items, it cannot be amended without the consent of the City. b. The private access roads shall be posted in accordance with California Vehicle Code Section 22658, Sections 1 and 2. The above requirements shall be included in the project CC&Rs. . Until that time that CC&R's are recorded, the property management company contracted for this Project shall enforce or perform the items listed in this Section. 136. Geotechnical Report and Recommendations. The Applicant/Developer shall have a registered Geotechnical Engineer perform an investigation and prepare a geotechnical report for the site and shall incorporate ~he recommendations into the project design. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading!Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. 137. Traffic Study and Required Roadway Improvements. The ApplicantlDeveloper shall construct all necessary on- site and off-site traffic mitigation/roadway improvements as identified in the Triggering Analysis for the West Dublin BART Transit Village Development prepared by TJKM dated July 19, 2007. City also acknowledges that responsibility for some of these items, and items listed in the SEIR and MMRP for this Project, are mitigation measures for the West Dublin/Pleasanton Station and Garages and, as such are the responsibility of BART. 138. St. Patrick Way Improvements. Applicant/Developer 29 PW PW PW Issuance of Grading! Sitework Permit and Building Permit and During Construction Public Works Improvements to be Guaranteed Prior to Issuance of Grading! Sitework Permit and Building Permit Public Works Occupancy Public location and width of each driveway shall be determined after consultation with each effected property owner. 145. Site Accessibility Requirements. All disabled access ramps, parking spaces for the disabled, and other physical site improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibility. 146. Streetlights. Streetlights for City streets constructed by the project shall be the City Standard cobra head fixtures with galvanized poles located in the public right-of-way at a fixture spacing of not more than 180', or as otherwise required by the City Engineer/Public Works Director. All street lights shall be connected to an un-metered secondary service established by PG&E. All publicly-maintained street lights shall be annexed into the Citywide Street Light Maintenance Assessment District 1983-1. A street lighting plan which demonstrates compliance with City standards shall be submitted prior to recordation of the Final Map and shall be subject to review and approval by the City Engineer/Public Works Director pnor to installation. 147. Street Light Maintenance Assessment District. Applicant/Developer shall not contest the City's efforts to annex the project into the Citywide Street Light Maintenance Assessment District 1983-l, and shall provide all necessary documentation required by the City to complete the annexation process. The Applicant/ Developer shall comply with any City requirements necessary to conform to Proposition 218 regulations. 148. Waive Right to Protest. The Applicant/Developer Waives any right to protest the inclusion of the properties or any portion of the properties III a Landscape and Lighting Assessment District or similar assessment district, and further waives any right to rotest the annual assessment for the District. . 149. Relocation of Existing Improvements/Utilities. Any necessary relocation of existing improvements or utilities shall be accomplished at no expense to the City. 150. Landscaping at Intersections. Landscaping at intersections shall be such that sight distance is not obstructed for drivers. Exce t for trees, landscaping 32 Council PW Occupancy PW Acceptance of Improvements by City Council PW Acceptance of Improvements by City Council PW On-going PW Acceptance of Improvements by City Council Occupancy PW Public Works Public Works Public Works Public Works Public Works Public . Works shall not be higher than 30 inches above the curb in these areas. 151. Joint Utility Trenches/Undergrounding/Utility Plans. Applicant/Developer 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, cable TV boxes, blow-off valves and other utility features shown as underground on the Approved Plans. shall be placed underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the City Engineer/Public Works Director. 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 reviewed and approved by the City Engineer/Public Works Director rior to installation. 152. Street Name Sign Content. Street name signs for the St. Patrick Way extension shall display the name of the street together with a City standard shamrock logo. Posts shall be galvanized steel pipe with break away osts. 153. Private Street Signage. Applicant! Developer shall post private street signage in the private drive aisle areas in accordance with the California VehicIe Code. No trespassing signs should be posted as governed by the California Penal Code Section 602. 154. 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 of the project, to the reasonable satisfaction of the City Engineer/Public Works Director . 155. 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. 156. Occupancy PerDlit 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 33 PW Acceptance of Improvements by City Council PW Acceptance of Improvements by City Council PW Occupancy PW Acceptance of Improvements by City Council PL,PW On-going PW Occupancy Public Works Public Works Public Works Public Works Public Works Public Works limited to the following: a. The streets and walkways providing access to the occupied building shall be complete, as determined by the City EngineerlPublic Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the building. b. All traffic control devices on streets providing access to the building shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the building shall be in place and visible. d. Lighting for the streets and building shall be adequate for safety and security. All streetlights on streets providing access to the building 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 reasonably approved by the City EngineerlPublic Works Director. f. All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) for the building shall be installed and fully functional. 34 157. Bicycle Racks. Bicycle racks shall be installed in the parking garage 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 rack shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled by the building occupants or the CCTV cameras. 158. Release of Security. When all improvements governed by the Improvement Agreement are complete to the reasonable satisfaction of the City Engineer/Public Works Director, the City Engineer will recommend to the City Council that the improvements be accepted and that the Security be released. Prior to the Council's acceptance, the Applicant/Developer shall furnish the following to the City: a. A Maintenance Bond or other replacement security in an amount equal to 25% of the estimated cost of the work to guarantee against defects for a one-year period. b. As-Built or Record Drawings printed on mylar of all Improvement Plans and maps associated with the proj ect. c. A recorded copy of the Covenants, Conditions, and Restrictions that govern the project, if applicable. d. A Declaration or Report by the project Geotechnical Engineer confirming that all geotechnical and grading work associated with the project has been pe~formed in accordance with the Engineer's recommendations. e. Payment of any outstanding City fees or other debts. f. Any other information deemed reasonably necessary by the City Engineer/Public Works Director. 159. Geographic Information System. Once the City Engineer/Public Works Director approves the development project, a digital vectorized file on floppy or CD of the Improvement, Plans shall be submitted to the City 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 35 PW Occupancy Public Works PW Acceptance of Improvements by City Council Public Works PW Acceptance of Improvements by City Council Public Works 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 Ci 's GIS Coordinator. 160. Erosion Control during Construction. Applicant/Developer shall include an Erosion and Sediment Control Plan with the Grading and Improvement plans for review and approval by the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October 1 st and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. 161. Archeological Materials. 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 appro riate mitigation measures. 162. Construction Hours. City acknowledges that this site is within a commercial district, with no surrounding residential areas. Standard construction and grading hours shall be' limited to weekdays (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer/P\lblic Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 163. Construction Noise Management Plan. Developer shall repare a Construction Noise Management Plan, 36 PW During Construction and Grading Activities PL,PW During Construction and Grading Activities PW During Construction and Grading Activities PW During Construction Public Works Public Works Public Works Public Works to be approved by the City Engineer and Community Development Director, that identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project lans and s ecifications. 164. Construction Traffic Plan. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. 165. Pest Problems. The Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. 166. Dust Control. The Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. 167. Notice of Intent. Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 168. Construction Security. During the construction phase the site shall the following: . The construction site shall be fenced and locked at all times when workers are not present. . A temporary address sign shall be posted, and shall be of a sufficient size, a minimum of at least 36" x 36" with a white background and stenciled black numbers and letters so that the sign can be seen during night time hours with existing street lighting or additional lighting as needed. The address sign shall be posted on all approaches to the site. . The developer shall file a Dublin Police 37 and Grading Activities PW During Construction and Grading Activities PW During Construction and Grading Activities During Construction and Grading Activities During Construction and Grading Activities PW PW PO During Construction and Grading Activities Public Works Public Works Public Works Public Works Public Works Emergency Contact Business Card prior to any phase of construction that will provide 24 hour phone contact numbers of persons responsible for the construction site. . Good security practices shall be followed with respect to storage of building materials and the storage of tools at the construction site. 169. SWPPP. The Storm Water Pollution Prevention Program (SWPPP) for the operation and maintenance of the project shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. 170. SWPPP Compliance. The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. 171. Temporary Construction Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. 172. Construction Noise Management Program/Construction Impact Reduction Plan. Applicant/Developer shall conform to the following Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580) to the job site. Primary route shall be from 1-680 to St. Patrick Way, or from 1-580 to San Ramon Road to Dublin Boulevard to Golden Gate Drive. Egress truck traffic will not be allowed to make a left turn at from Golden Gate Drive or Amador Plaza Road 38 PW PW Various PW During Construction and Grading Activities During Construction and Grading Activities During Construction and Grading Activities During Construction and Grading Activities Public Works Public . Works Public Works Public Works to Dublin Boulevard. An Oversized Load Permit shall be obtained from the City prior to hauling ~f 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. Construction equipment shall 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/Public Works Director 1. The Department of Public Works shall handle all dust complaints. The City Engineer/Public Works Director may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM 39 levels shall be provided as required by the City Engineer/Public Works Director. 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- proj ect 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-u s. 173. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans. and all DSRSD olicies. 174. If Applicant is required to upsize any mains shall be sized to provide sufficient capacity to accommodate the development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master lanning. 175. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pum ing station. 176. Domestic and fire protection waterline systems for 40 DSR Issuance of Building Permits DSR Improvement Plans DSR Improvement Plans DSR Improvement Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections III accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 177. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or re lacement. 178. Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. 179. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication, on the Final Map. 180. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. 181. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSDand Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 182. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to 41 DSR DSR DSR DSR DSR DSR Plans Improvement Plans Improvement Plans Improvement Plans Recordation of Final Map Issuance of Building Permits Issuance of Building Permits San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 183. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No.9 have been satisfied. 184. The applicant shall hold DSRSD, its Board of Directors, commISSlOns, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and com letion of the roject. 185. The locations' of required backflow devices for domestic and fire services must be shown on the final plans. DSR Improvement Plans Dublin San Ramon Services District Dublin San Ramon Services District Dublin San Ramon Services District 186. Temporary Promotional Banners and Balloons. Temporary Promotional Banner Signs and Balloons shall only be permitted after first securing an approved Temporary Promotional Sign Permit. Any signage on site shall be subject to the sign requirements contained in the City of Dublin Municipal Code. 187. A-Frame Signs. The use of any A-Frame, portable, sandwich-board, pennants, or human-held signs on the premises is strictly prohibited. Said signs and any form . of off-site advertising signs shall also be prohibited upon any public property, including City streets and sidewalks. 188. Outdoor Events. Any outside events shall be subject to the Temporary Use Permit requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. DSR Issuance of Building Permits Chapter 8.884 of the Dublin Zoning Ordinance Chapter 8.884 of the Dublin Zoning Ordinance Chapter 8.884 of the Dublin Zoning Ordinance 42 DSR Improvement Plans PL On-going PL On-going PL On-going 189. 190; Public Art Project. The ApplicantlDeveloper has elected to and shall acquire and install a public art project in accordance with Chapter 8.58 of the Dublin Municipal Code and shall comply with the Public Art Compliance Report submitted by ApplicantlDeveloper, and on file with the Planning Department. The value of the public art project is required to equal or exceed 0.5% of the building valuation (exclusive of land) for the project. The Building Official has determined that the.total building valuation ofthe project (exclusive of land) is $73.865.833.60. Therefore, ApplicantlDeveloper is required to acquire and install a public art project valued at a minimum amount of $369.329.17. The location ofthe public art project site is shown on the Project Plans. Prior to first occupancy ApplicantlDeveloper shall (a) secure completion ofthe public art project, in a manner deemed satisfactory to the City Manager; and (b) execute an agreement between the City and ApplicantlDeveloper that sets forth the ownership, maintenance responsibilities, and insurance coverage for the public art project. The public art project is subject to the approval ofthe City Council upon recommendation by the Heritage and Cultural Arts Commission. Public Art Easement and Access Easement. The Applicant/Developer shall reserve a site and provide a public art easement and an access easement to the City within the development project for a future public art project in accordance with Dublin Municipal Code Section 8.58.050. 43 PL, PCD Occupancy Public Art Policy PL, PCD In conjunction w/final map encompassmg area art to be located or by separate instrument prior to issuance of building ermit Public Art Policy 2tt6 2. rJfJ 2 ~ -Z- PASSED, APPROVED AND ADOPTED this 23rd day of October 2007 by the following vote: AYES: Schaub, Wehrenberg, T?mlinson, Biddle and King NOES: None ABSENT: None ABSTAIN: None Planning Commission Chair ATTEST: Planning Manager G:\PA#\2006\06-009 Windstar Condos - TMAP, SDR, PD\PD SDR Nov 2006\PC PH\SDR Res?doc 44