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Home My WebLink About99-004 Tri-ValleySPCA 11-23-1999AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: November 23, 1999 SUBJECT: PUBLIC HEARING PA 99-004, Tri-Valley SPCA, Conditional Use Permit, Site Development Review and Development Agreement (Report Prepared by: Anne Kinney, Assistant Planner) serrlc~i P+ e" ( ~ lt ATTACHMENTS: ~ 1. Draft Resolution adopting the Negative Declaration and approving the Conditional Use Permit and Site Development Review, subject to conditions (with the Public Works Standard Conditions attached as Attachment 1 a.) So 2. Project Plans, consisting of 7 sheets 5~ 3. Draft Resolution recommending that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and the Oakland SPCA 59 4. Development Agreement gs 5. Initial Study/Negative Declaration RECOMMENDATION: 1. Open public hearing 2. Receive staff presentation and public testimony 3. Close public hearing and deliberate 4. Adopt Resolution (Attachment 1) adopting the Negative Declaration and approving the Conditional Use Permit and Site Development Review, subject to conditions. 5. Adopt Resolution (Attachment 3) recommending that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and the Oakland SPCA DESCRIPTION: George Miers and Associates on behalf of the Oakland SPCA are requesting approval for a new 22, 400 square foot animal adoption and education facility to serve the Tri-Valley area. The facility would provide a low cost spay/neuter clinic, education, animal training and placement services. A model of the proposed facility, building elevations and acolor/material board are available for your review in the Planning Department. Staff encourages you to review the model and proposed building colors prior to the Planning Commission meeting. The building's architecture can be described as modem contemporary and is characterized by the use of strong vibrant colors including dark green, brick, purple and dark mustard. Refer to page 4 of this staff report for a more detailed discussion of the building design. COPIES TO: The Applicant The Property Owner PA file ITEM NO. The proposed project would be located within an 'A' Agricultural Zoning District within the Eastern Dublin Specific Plan Area. The 'A' agricultural zoning regulations require that establishments providing services related to animals obtain a Conditional Use Permit. Site Development Review approval is required for the new building, site and architectural design, landscaping and parking layout. The Development Agreement is required by the Eastern Dublin Specific Plan. Items included in the Development Agreement include, but are not limited to, the financing and timing of infrastructure; payment of traffic, fire and public facilities impact fees; and general provisions. BACKGROUND: The Tri-Valley SPCA project was previously advertised to be heard before the Planning Commission on June 22, 1999 and before the City Council on July 6, 1999. At the June 22, 1999 public hearing, the project was continued at the request of the Applicant to the Planning Commission meeting on July 27, 1999. Prior to the City Council meeting, the Applicant requested that the project be removed from consideration at this time. The Oakland SPCA had re-evaluated its business plan and the needs of the Tri- Valley area and had decided to modify the current proposal. Subsequently, the Applicant resubmitted revised project plans for the proposed SPCA facility. Modifications to the site plan include the addition of 1,087 square feet (increasing the total building square footage from 21,313 to 22,400 sq. fr.) contained in an L-shaped addition to the building and the relocation of uses within the stmcture. ANALYSIS: CONDITIONAL USE PERMIT The purpose of a Conditional Use Permit is to determine whether the proposed use is appropriate for the site and if conditions of approval are required. Issues that are commonly addressed include access to the site, land use compatibility and site design. Project Description: The proposed project would be located in an area designated for public and semi-public uses in the Eastern Dublin Specific Plan Area. It would be located at the northwest comer of Gleason Drive and Barnet Boulevard. Access to the site will be from one driveway entrance on Barnet Boulevard. The project would be located on land generally known as the 'Santa Rita Property' owned by Alameda County. The Alameda County Board of Supervisors has agreed to lease approximately 2 acres of land to the Oakland SPCA to constmct and operate an animal facility. The SPCA facility would offer low cost spay/neuter programs coupled with public education and animal placement services. The educational programs for adults and children would include general animal care and information, pet's health, dog grooming and training classes. The facility could accommodate 29 dogs (7 dog habitats, 18 holding kennels and 4 isolation cages) and 22 cats (15 cat habitats and 12 isolation cages). The spay/neuter clinic could hold a maximum of 18 dogs and 36 cats. Refer to the Attachment 2, site plan, sheet Al. The education/adoption center would be open from 11:00 a.m. to 7:00 p.m. seven days a week and the clinic would operate from 7:00 a.m. to 5:30 p.m. four days a week. The SPCA would employ a total of 14 staff members and anticipate approximately 5 volunteers per day with up to 10 volunteers on weekends. The SPCA anticipates that the capacity of the spay/neuter clinic would be approximately 4-6000 animals a year and the capacity of the adoption center would be 1800-2000 animals a year. Approximately 7 adult classes would be held per week. Land use compatibility: Surrounding land uses include the Alameda County Corporation Yard to the immediate north and west of the site. To the east lies the existing Alameda County Animal Shelter, to the south across Gleason Drive, a 347 single-family residential development is currently under construction. The proposed SPCA facility will complement the existing Alameda County facility. The SPCA facility will not accept animals from the public and will only hold animals for a adoption that have been transferred from the County Animal Shelter or other rescue services. The SPCA facility would be located approximately 300 feet from the nearest residential unit. Conditions of approval will ensure ongoing compatibility with the adjacent public uses and the future residential uses south of Gleason Drive. Noise and other nuisances: Staff had concerns regarding potential dog barking and other nuisances impacting the surrounding community. Wilson, Ihrig & Associates, Acoustical Consultants prepared a noise study to assess the impact of dog barking noise on the residential community during nighttime hours. The noise study determined that dog barking noise during the night would be inaudible in the surrounding community because the kennels would be totally enclosed within the building and the SPCA has stated that all dogs would be locked within the building between the hours of 6 p.m. and 8 a.m. In addition, the ceilings of the kennels would be 100% covered by acoustical ceiling the to further reduce the audibility of barking noise at night in the event that there are penetrations in the building shell such as an open window. Conditions of approval attached to the project will ensure that these and other City standards are maintained and nuisances associated with the facility will be minimized. The Applicant will be responsible for limiting interior and exterior noise so as not to create a nuisance to the surrounding community. Consistency with the General Plan and the Eastern Dublin Specific Plan: The project is consistent with the City of Dublin General Plan designation and the Eastern Dublin Specific Plan designation of Public/Semi-Public. This land use designation generally applies to land owned by a public agency and is intended to accommodate governmental and institutional use types. The Eastern Dublin Specific Plan states that "sites designated for Public/Semi-Public are not restricted to public uses and can be approved for joint development (i.e. a private development on a publicly owned parcel of land or a public/semi-public facility built on a privately owned parcel)". The SPCA is a non-profit organization providing low cost services for pet owners in the Tri-Valley area. In addition the project would offer educational classes to current and potential pet owners and placement of cats and dogs. The project is made possible through the agreement of the property owner Alameda County, to lease the land at a minimum rate to the SPCA for a period of 99 years. SITE DEVELOPMENT REVIEW Site Development Review is required for the proposed 22, 400 square foot building. The purpose of the Site Development Review process is to promote orderly, attractive, and harmonious site and structural development. It addresses building location, architectural and landscape design and theme, vehicular and pedestrian access, on-site circulation, parking, and traffic impacts. A project site plan, floor plan, landscape plan, and building elevations are located in Attachment 2. Site Plan: The site is roughly rectangular in shape with an unusual southern and southwestern property line configuration due to the existing layout of the adjacent corporation yard. The property slopes gently from north to south with a low slope, 6 to 7 feet high to the south and southeast of the property. The building shape is long and narrow and has been sited towards the center of the property to take advantage of the site's topography and unusual lot shape. The animal facility is facing south on the site. The building's southern elevation is curved to take advantage of the site's prominent comer location. This portion of the building accommodates a multipurpose room and indoor garden with open roof. Vehicle access will be from a driveway entrance on Bamet Boulevard, approximately 460 feet north of the intersection with Gleason Drive. Pedestrians can access the building either via a stairway from Bamet Boulevard to an entrance on the southeastern elevation or from the rear parking area. The primary building entrance and facility parking area is located to the rear of the building. Elevations /floor plans: The single-story animal facility will consist of individual dog and cat habitats, dog kennels, education/exhibit areas, clinic/administration areas, a large exhibition room and multi-use classrooms. The architecture can be described as modern contemporary with industrialized features such as the pop-out windows, aluminum windows with metal surrounds and a translucent roof system. The building is characterized by a stucco finish with strong vibrant earthy colors such as dark green, brick burgundy, purple and dark mustard. The majority of the building walls will be finished with dark mustard and tan (refer to color board). The exterior of the exhibit room (refer to Attachment 2, site plan, A 1) will be finished with brick burgundy. The dark green will primarily be used to enhance the pop-out windows and trim details with the roof- mounted metal screen being painted purple. If the translucent roof system is not available at the time of construction, it may be replaced by a dark green metal roof. The SPCA building, due to the topography of the site and the placement of the structure, would be visible from the second-story residential units that back on to Gleason Drive. Please note the conditions of approval contained in Attachment 1 would approve the facility design and colors as proposed. If the Planning Commission wishes to make any changes to the building colors, the Planning Commission would need to direct staff to make these changes at the meeting on November 23, 1999. Landscaping and fencing: The landscaping for the facility has been well planned and chosen to accent the architecture and the site's comer location. The southeastem corner of the property has been designed with a dog mn/mini park setting with an ornamental opaque fence and embellished landscaping. DEVELOPMENT AGREEMENT: The Development Agreement (Refer to Attachment 4) between the City of Dublin and the Oakland SPCA is based on the standard Development Agreement developed by the City Attorney and adopted by the City Council for Eastern Dublin Projects. In general, the Agreements reflect what has been determined to be the infrastmcture needs for the specific project. These needs are determined based on submittal of engineering studies and plans. The Agreement: The City Attorney drafted the proposed Development Agreement with input from City staff and the Oakland SPCA. The Development Agreement sets forth the agreements between the parties in relation to 4 many items, including, but not limited to, the financing and timing of infrastructure, and the payment of various required impact fees. The Development Agreement becomes effective for a term of five yeazs from the date it is recorded. The Development Agreement runs with the land and the rights thereunder can be assigned. The main points of the Development Agreement can be found in Exhibit B of Attachment 4 of the Development Agreement and require the Developer to pay traffic, fire and public facilities impact fees. The Developer is also required to make certain off-site improvements that are required as a result of the project. ENVIRONMENTAL REVIEW: This project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was previously certified (SCH No. 91103064). An Initial Study for the SPCA project evaluated the project in relation to traffic, public improvements, aesthetics, access and land use compatibility etc. A Negative Declaration was subsequently prepared because the project will not have environmental effects which were not examined in the Program EIR. No new effects will occur and therefore no revisions to the Program EIR are required. The public review period for the Initial Study and Negative Declaration was held from June 2, 1999 through June 21, 1999. The modified site plan, dated October 27, 1999 has been evaluated in relation to noise, aesthetics, traffic, public improvements, access and land use compatibility etc. The modifications to the project reduce the community noise level impacts from less than significant to no impact. The modified project will not have any impacts that were not already discussed in the Initial Study and Negative Declaration. No new effects will occur and therefore no revisions to the Initial Study and Negative Declazation are required. DEPARTMENTAL REVIEW: The proposed project have been reviewed by the Building Department, the Public Works Department, Police Services and Alameda County Fire Department. The concerns raised are addressed in the conditions of approval as outlined in the draft resolution (Attachment 1). Draft Resolution (Attachment 1) consists of certain conditions of approval that Staff is recommending for this project to ensure that (1) City standards are maintained; (2) Policies and Mitigation Measures of the Eastern Dublin Specific Plan are implemented; (3) Policies and standards by certain outside agencies aze met; and (4) Site specific compatibility and design issues are addressed. CONCLUSION: The Conditional Use Permit and Site Development Review Application process evaluates proposed projects in relation to certain criteria and subject to conditions to determine if the project is appropriate for a specific site. The proposed SPCA facility is in an appropriate use given its location within an area designated for public and semi-public uses in east Dublin. In addition the site has adequate parking, circulation and access. Land use compatibility issues can be adequately mitigated with the conditions of approval outlined in the draft resolution. Approval of this Development Agreement will implement provisions of the Eastern Dublin Specific Plan. RECOMMENDATION: Staff recommends the Planning Commission conduct a public meeting, deliberate, and adopt Resolution (Attachment 1) adopting the Negative Declaration and approving the Conditional Use Permit and Site Development Review for the Tri-Valley SPCA facility, PA 99-004 and adopt Resolution (Attachment 3) recommending that the City Council adopt an Ordinance approving a Development Agreement between the City of Dublin and the Oakland SPCA. GENERAL INFORMATION: APPLICANT PROPERTY OWNER: George Miers & Associates Architects & Planners 1150 Moraga Way Moraga, CA 94556 For Oakland SPCA 8323 Baldwin Street Oakland, CA 94621 Alameda County Surplus Property Authority 224 West Winton Avenue, Room I51 Hayward, CA 94544 LOCATION: EXISTING ZONING: GENERAL PLAN DESIGNATION: EASTERN DUBLIN SPECIFIC PLAN: PUBLIC NOTIFICATION: Northeast comer of Gleason Drive and Barnet Avenue. APN: 986-0005-027-00 a portion A Agricultural Zoning District Public/Semi-Public Public/Semi-Public In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project, to advertise the project and the upcoming public hearing. A public notice was also published in the Tri-Valley Herald and posted at several locations throughout the City. To date, the City has received no contact or objections from surrounding property owners regarding the current proposal. G:\PA99-004\pcsr RESOLUTION NO. 99 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 99-004 TRI-VALLEY SPCA, CONDITIONAL USE PERMIT, SITE DEVELOPMENT REVIEW AND ADOPTION OF A NEGATIVE DECLARATION FOR ANEW 22, 400 SQUARE FOOT SPAY/NEUTER CLINIC, ANIMAL EDUCATION AND PLACEMENT FACILITY AT THE NORTHWEST CORNER OF GLEASON DRIVE AND BARNET BOULEVARD. WHEREAS, the Applicant, George Miers and Associates, Architects and Planners on behalf of the Oakland SPCA has requested approval of a Conditional Use Permit and Site Development Review for a new 22, 400 square foot spay/neuter clinic, animal education and placement facility at the northwest corner of Gleason Drive and Barnet Boulevard in an "A" Agricultural Zoning District; and WHEREAS, this project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was previously certified (SCH No. 91103064); and WHEREAS, an Initial Study found that the project would not have environmental effects which were not examined in the Program EIR. No new effects will occur and therefore no revisions to the Program EIR are required; and WHEREAS, a Negative Declazation has been prepazed for this project and is on file in the Dublin Planning Department; and WHEREAS the Planning Commission held a properly noticed public hearing on said application on November 23rd, 1999; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission approve the Conditional Use Permit and Site Development Review, subject to conditions; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision; and WHEREAS, the Planning Commission has found that the proposed project is appropriate for the subject site. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: A. That the project will not have a significant effect on the environment. ATTACHMENT i B. That the Negative Declaration is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was previously certified (SCH No. 91103064). C. That the Negative Declaration is complete and adequate. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: A. The proposed use is compatible with other land uses, transportation and service facilities in the vicinity because the proposed use will be conveniently located on a main arterial street. It will be located in an area designated for public/semi-public services, surrounding uses include Alameda County Corporation yard and the County Animal Shelter. In addition, conditions of approval will ensure ongoing compatibility with adjacent public uses and future residential uses south of Gleason Drive. B. The proposed use will not adversely affect the health or safety of persons residing or working in the vicinity, and will not be detrimental to the public health, safety and welfare because all City and Alameda County regulations and conditions will be met. C. The use will not be injurious to property or improvements in the neighborhood because the project has been sensitively designed to complement the existing development in the area and planned road improvements will eliminate any potential traffic impacts. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed. F. The proposed use is not contrary to the specific intent clauses, development regulations, and performance standards established for the zoning district in which it is located. The project is consistent with the `A' Agricultural Zoning District, in which animal services is a conditional use. G. The proposed use is consistent with the Public/Semi-Public designation of the Dublin General Plan and Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: A. The approval of this Site Development Review application is consistent with the intent and purpose of Dublin Zoning Ordinance Section 8.104, SITE DEVELOPMENT REVIEW, because the project it is compatible with the site and surrounding properties. B. The approval of this application, as conditioned, complies with the `Public/Semi-Public' designation of the General Plan and the Eastern Dublin Specific Plan, the `A' Agricultural Zoning District as well as with all other requirements of the Zoning Ordinance because the Tri- Valley SPCA animal facility is a conditionally permitted use in such designation and zone. C. The approval of the Site Development Review application, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because the proposed development is consistent with all City and Alameda County regulations and conditions. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similaz elements has been designed to provide a desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the proposed development because the majority of the site is level with area and dimensions that will accommodate the animal facility. Impacts to views are addressed because the majority of the site is level and no views could be interrupted. G. Impact to existing slopes and topographic features are addressed because that portion of the site to be developed is level and there are no topographic features. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project and as conditions of approval in order to insure the compatibility of the development with the development's design concept or theme and the chazacter of adjacent buildings, neighborhoods and uses. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similaz elements have been considered to insure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Conditional Use Permit and Site Development Review for PA 99-004 Tri-Valley SPCA, subject to the following Conditions of Approval. This approval shall be generally depicted on the plans with notations, labeled Attachment 2, consisting of seven (7) sheets, dated received October 27, 1999 prepared by George Miers & Associates, Architects and Planners and color and material board, stamped approved and on file with the Dublin Planning Department, subject to compliance with the following conditions of approval: 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, [PR] Parks & Recreation, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County. i,i.~_.'p ~~i;E E i ~i 3 ~ :c~E' ~, i'PP !,~:..,A ~Iti&'~i~~! iii! i~~~~i E1~° IIE 9 ;~~ ~~ ~ 4 ,~4,i!' S!, i ! !;i iE f ~~ ~ ~ E~tp'CS EE ~ ~~) 5' i}! 9~~~ i ~~ ! ~~lp }~ i i L i i ! [ ~„ ~ ~ i ° i ' ~'; i~~., i ~~ i 3'~ 0 ~ ~ ~ : ~ .,! i ~!~ ., iS ~ '~ ( ' i ~ '' '. i E; .. HELr ~ q .iEF~E~EI ti !~~ i~~ii°-~vSn' ' u ~ _ ;: .4 iii::,:,! ~ i; ~ ~ ' 1 ' ~ ~ !i i ~ S i~~~ 3 i ~ ,t 1~~3 ! a ~~'..,,,, 5 ~,~ EEC, ~ 1;,,,..y ~~~sv 4- .~~ EIEE, '~ y.:t;;i, ~, ~ a~,i,, ~s ;ll . ~ >l~ A ' _.. : ~ P~y 4;?~~ E E ~ ii ~~' " 4 ~~~ , ! h ~y'=~~,~=;E ~ E ~ ~ y ~=i~~;,~, EE,p ''?j `v ~ !t ~i i Ei, ,i~,~u.! E, ,:iii!.. ~~ . ~ i E i' ~ E~'!ti ~E 3;E~ i ~E f Vii Ei,,;§ ~ 6E'E~ ~; v I~I 9;~ ~ `E'~' 6 c ~ E; ' ~~ ., rt'=' E ~~E E ,.. , . ~. ~. ~ .~ y, E~ i~~~~~,~ -,; = 13 IE ,. H ~;"i!,' I ~hi;l: ~ .. :; , s : ~ri ~I;~ IE4=;, ,., ... ~ i _ : . d iw ~......~~ ~ IiI~~::.?._h, "~~ _....: ~ "SFl, .. _ _ ~ Glti d : '' ,.i..:......... i 4 - ~g~il i E~ ~._ ii:. ~~'ii!'!i~~ ..j! . ~~~ 6 E! i:~:II~i;CI IgEi~OE? ~ vi,.. 4.:::::::.:.. . ~ ~i~~~ ..t~.?. ~aOE lE~' ~Ei;!E~s~!€:'.:.. ~: ii ~~E 1. Approval: Except as specially modified PL Ongoing elsewhere PA 99-004 Tri-Valley SPCA Conditional Use Permit and Site Development Review is approved for the operation and construction of a 22, 400 square foot spay/neuter clinic, animal education and placement facility. This approval shall generally conform to the plans labeled Attachment 2, consisting of seven (7) sheets, prepared by George Miers & Associates, Architects and Planners, dated received by the Planning Department on October 27, 1999; and a color and material board, stamped approved and on file with the Planning Department. 2. Standard Conditions of Approval. The PW, PL, BLDG Developer/Applicant shall comply with all PO applicable City of Dublin Site Development Review Standard Conditions, City of Dublin Public Works Standard Public Works Conditions (Attachment 1 a to this document) and the City of Dublin Non-residential Security Requirements. In the event of conflict between any of these conditions and the attached Conditions, these Conditions shall prevail. 3. Conditious/regulations. The F, PW, Ongoing 8, 18, 20, Developer/Applicant shall comply with all PO, Z7, 120, 122, applicable regulations and requirements of the DSR, PL, 138, 155 Uniform Building Code and State of California B Title 24 provisions, Alameda County Fire Department, Public Works Department standard conditions, Dublin Police Services, and the Dublin San Ramon Services District regulations and requirements. Prior to issuance of grading or building permits or the installation of any improvements related to this project, the Developer shall supply written documentation ~yi„i(~~ '!E "+ik" e' .`~`I~~{!~ E. ~{$tL. ~ E E r 3{EiC 3'3;: =` { ;,h r ,'ip'ii~i!`~ ~I~i~~tW" '~I'~{ii~E;ili~i,,{jj'L~!~EL!~~.~i. c.eyE p .~}~~ i~ , .~~'ti' 3. vq~ , ,,.~ s. ' i§ § €~ ti .; n, '' {. i {; v~v ~ j iE;;, ,.y , ~ G ` ~It .5 ~;,ii! >3 ~~€ri,!P~1{~$~a ,I E~Elii~ ~IG i a .!i dvEi'!Iit~v~!~l~.E3EigEap..' i~ilII,,,R~~y~iE''~,jii~I4{i~!~~ .~~~ I~E,{~ 5+~3~,i ! ! }'{,!! it i f!• F 2~, ~ I'j 3 ~ ~ 4 i~I, R{ q ~I~~ ~ ~ ~ ' ~ ~ E~ y {!it ; Ii {7 ~~ i rtd~I~Et~ ~ ° I ~~ tk~yE 'Moto Lv, ;~~ ..d;.i~ ~,~e44p ~iv~~ ~i . ,~{~„ F m..1 ...,{N ~ , ~ {I,I , IIe~. { H I, i{ I is h ..E `~~'~~ ~~~ { ~ I,r c , '~ { ~ { tY{f Y I { ... from each such agency or department to the Community Development Department, indicating that all applicable conditions required have been or will be met. i ' ~ I~ I e !I ..4 a E ~'~ ~+ iI{ Ili !i~iE{ I~.!.. , .. I `4 ,' ;{.; {~~~~ a.f~.LI! i ~. ~ ~e {.4.:N{t, I ~' h ~(~~~ ~; ' ~ {~~;~' ; a { I I ; dt '~ ~ ...._. f .a,. ~iI '~, `'i '1i 9i... 3,Eip, ~N! ~k ~; { 3Ek a, E ! ~~~~~~5 'fi i Ii!~ii:, ! ~ 'E.. ~, E° ~e~~ 'vz; ~ { ~!_ {•'II~S~!~:~ii ~ gi { ~ c4~t{S!~s. '[ Ge[ ; Ii { i E 4. Conditions of Approval. In submitting PW GRAD subsequent plans for review and approval, Developer/Applicant shall submit six (6) sets of plans to the Public Works Department for plan check. Each set of plans shall have attached a copy of these Conditions of Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked up to indicate where on the plans and/or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without [he annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non- City agencies. 5. Fees. The Developer/Applicant shall pay all B, PL, BLDG 45-59, 119, applicable fees in effect at the time of building ADM 286, 165 permit issuance, including, but not be limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Impact fees, Eastern Dublin Traffic Impact fees, Freeway Interchange fees, Tri-Valley Transportation Development fees; Noise Mitigation fees, Inclusionary Housing In- Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees applicable to the project. The City fees will be calculated at the time of Issuance of any Building permit If the development agreement conflicts with this condition, the development agreement shall prevail. ,Fhu, ~ i ~ ' t~~II PSty 'i~~ ~h, 3 t;i,J~~. ~ ~ y ~ ~ ~ it i i ~ 1 I ~ E'~ I= 943 ~~ t~~ 't~.ek! , ,, ~~ I I i ~p:! .~ -.:q~:! u , 3 i E. i ~ ~ EI 'i i ~EE ~ ~ i3v ~i t E i~I6 E N I _ : ! I~g~EE G~p~~ !: ,~~jt .~~ ~'0: t° E i Vii; ~j E~E03E IIE Eft at~~~I I ~a.~ilyt=~y;~h t ~ ' ~ y EL~O ~E~~' ~ E IE! ~S -~ ~I E~~ 9yI~3~ ~ I ~~~`i {n ;t:.v ~{ i ~' '+. Ei.3 :~:~; ~ t _ ~~„v~+!'~I t . rEl,~ -~'~ ~ ~~ :; . ~.E .Vrz ~jii: ~ i 54ti~9 ~: § ,.ly.,:yiE~Ee~~m:i~er ~ i~ih4'fte ~' ^~` ;~'~32~ ~ :~Ii .-~+. ~ Ei~.. S giEEiR' G~ i~'I~ t ~. i I i r~ t~~j~j ~ G t i~t t 43 CIE t E ~' .~~'.v~i:31~t~'~''~ . t d3 d4~ .. i~ .y I h~~ ~, ~:. ~. ~0:._. i~"~~,~,~~ii4;E!i. ~t.~h'.'~rN :: ..:. ~ .. .. ~.::::.3 ~... .. ~.:. :....:.yv~ ::.::::. ~. i... E i.::.n :: ~~ .......::.. .5... .._:.... . t..... ..... : .. . 6. Mitigation Measures. The PL Ongoing Developer/Applicant shall comply with all applicable mitigation measures of the Eastern Dublin Specific Plan and General Plan Amendment Mitigation Monitoring Plan approved by the City Council on May 3, 1993, relating to the improvements of the project site 7. Ordinances/General Plan/Policies. The PW, PL, Ongoing Developer/Applicant shall comply with, meet, B, and/or perform all requirements of the City of Dublin Zoning Ordinance adopted September 1997, the City of Dublin General Plan, the Eastern Dublin Specific Plan, City of Dublin Standard Conditions of Approval, Building Code and Ordinances, Public Works Policies and City grading ordinance unless certain Public Works requirements are modified by the Director of Public Works. 8. Modifications. Modifications or changes to PL Ongoing this approval design, layout and colors of the building may be considered by the Community Development Director, if the modifications or changes proposed comply with Section 8.104.100 and 8.100.080, of the Zoning Ordinance. 9. Approval of this Site Development Review PL Ongoing Approval of this Site Development Review shall be valid for one year, until November 23rd, 2000. If construction has not commenced by that time, this approval shall be null and void. The approval period for this Site Development Review may be extended six (6) additional months (Applicant must submit a written request for the extension prior to the expiration date of the permit) by the Community Development Director upon the determination that the conditions of approval remain adequate to assure that the above stated findings of approval will continue to be met. 10. Building Permits. To apply for building PL, B, PW BLDG permits, the Developer/Applicant shall submit twelve (12) sets of construction and improvement plans together with final site plan and landscape plans to the Building Department for plan check. Each set of plans shall have t :l 3I ., ~ s s :~~ ri ~` ! I I :$ plg' :j I y I: ~; I l e ,, ii!: ii! Z I S v i E h E ~h 4: ~ r. `~~'~ _ ~I ~ ~~~~,~ i~ ~ ~I~~6~~0 ~~~~ ,~ 4,~ i ~~ `~~ ~ ~ 11th ° ! ~ I~E ' y 46~~ ~~ ~~~ a / v. >~ I ~'~Fr h v. iI IF ~h 9 ! ~ ~ ~- ~ i i a'~ -itt: i L,1 Iii I'I~~ ~Esi ~ ~~1 ~~ ~ i' i :i tii ~ ° ~ ~ I :....:.:.... I attached a copy of these Conditions of Approval with Responses to Conditions filled in (see this chart) indicating where (on the plans) or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval will be complied with. Construction Qlans will not be accepted without the annotated conditions attached to each set of plans. The Developer will be responsible for obtaining the approvals of all participating non-City agencies. 11. Plans. All plans shall be fully dimensioned B, PL, PW IMP, (including building elevations) accurately BLDG drawn (depicting all existing and proposed conditions on site), and prepared and signed by a licensed civil engineer, architect or landscape architect. The site plan, landscape plan and details shall be consistent with each other. 12. Required Permits. Developer/Applicant shall Various Various obtain all necessary permits required by other times, agencies (Alameda County Flood Control but no District Zone 7, California Department of Fish later than and Game, Army Corps of Engineers, State Issuance Water Quality Control Board, Etc...) and shall of submit copies of the permits to the Department Building of Public Works. Permits 13. Encroachment Permit. The PW Ongoing Developer/Applicant shall obtain an Encroachment Permit for any work that is performed in the City's right-of--way. 14. Permit revocable. The permit shall be PL Ongoing revocable for cause in accordance with Section 8.132 of the Dublin Zoning Ordinance. The Developer/Applicant shall develop this project and operate all uses in compliance with the Conditions of Approval of this Conditional Use Permit and Site Development Review and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action 15. Archaeology -Should any prehistoric or PW, PL, B GRAD, 248, 249, historic artifacts be exposed during excavation BLDG 251, 252, and construction operations, the Department of 253 Community Development shall be notified and work shall cease immediately until an l..el~,i i. 'I~ ' .,t ~ t, ~ i. .... .'I, . ,~ , ~I ~i;h .I .. ~.: 's ' y ° ~. ~ ,' ~ yE'v .., _ . 33~ " ti!ia=:jij~E~;~ ~ ~ . ~h :yl. ~ ~ _ : ~ ~ , 2 ~ ~ y~~ ~, , - v~ ! ~[~:~'~~ ''-::I; dyti~;! j°~ y~i,~'ityjl~ d 'i ~ ~~~ ~ ~ ~~i - ~ ~l . ~ ~ F H Fv ~ ~I~~ ~ ~ ~ p J~ a~ :: ' ~ ~ ~ i !~' ;~ Fa. ( ~ :! ~~ ,i ~;!,~ ~ i - . y+ 9 ,::~ ~ ~ ., - ' ii~ i' ~3 F t:v ~ ~ "ERe:2 ',*'+ . .~ i i. SI... ~ m 'i..i . .C'..!iti, ~!~. !~ 19. Approval null and void. This conditional use PL Ongoing permit approval shall be null and void in the event the approved use fails to be established within one year, or ceases to operate for a continuous one-year period. 13'I ~ i 'iF 5Ii3i'{~ `~,3i !!,,~i.. i ~., i'4 ,rH~r.. iivF`{ 4t~,~ ', Ti! i.~'" ~,~v: I, a..._!!. . iNi Eiyi ~~ a..h..._ti I i"?~ ~.~th.~-,}.~-~ 4~4 TMN~4`^'hyi ~ fl ~k!!'.!!t~ I,!7I~ 20. Hours of Operation. The education/adoption center would be open from 1 1:00 a.m. to 7:00 p.m. seven days a week and the spay/neuter clinic would operate from 7:00 a.m. to 5:30 p.m. four days a week. 21. Dogs to be housed indoors during night PL Ongoing hours. All dogs shall be housed indoors from 6 p.m. to 8 a.m. to eliminate the audibility of barking noise in the community during nighttime hours. 22. Noise/nuisances. The Developer/Applicant PL, PO Ongoing shall control all activities on the site so as not to create a nuisance to the existing or surrounding businesses or residents. No loudspeakers or amplified music shall be permitted to project or be placed outside of the building. 23. Maintenance. The Developer/Applicant shall PL Ongoing be responsible for maintaining the premises in a safe, clean and litter-free conditions at all times. The Applicant shall be responsible for cleaning up and disposing of the business generated trash and litter on-site and off-site in the neighborhood. 24. Accessory structures. The use of any detached PL, B, F Ongoing accessory structures, such as storage sheds or trailer/container units, used for storage or for any other purpose, shall not be allowed on the site at any time. Outdoor vehicle parking (with the exception of SPCA vehicles parked within the staff parking area) and/or storage, including the storage of materials or equipment of any kind are prohibited. lt~Sid~ i ~ ~ qii ., ~, , s ~ :... ~ ~: .........:~ ~;; IEi i3 i!i!.'.9E6i'F'S .°~ ...m:mu!.v.......:a j" ''3 ' l~~3 ! ~~ i! I~IOl~HliS~ • ~ .... ~. •• I E `i ~ ~~ 'S ~.... 25. Public Service Easement Dedications. PW GRAD Developer/Applicant shall dedicate a minimum 10-foot wide Public Service Easement over joint utility trench lines and storm drain lines to the satisfaction of the Director of Public Works. Applicant/Developer shall also provide Public ~I ~ ~ ' ~ , ~ ~~ i'i ~~i ' ,i 1E i ;y, i C i i i i ~! ~~I., 2illid' ~ ~!.~~!j19~v~;'iiy:~ ~ ~,~ yl~~!' ~ li~~id EISi~~'~i'?~~ iS` . 4 ~ ~ i ~ ~'{ +~g ! ~ ~~ P ~p ~ ~ i '' i~iii .a ,... ~~ ii ~ ~ ~ t e ~G i:f C' ~ ~ 3 ~~~ ~ ~9 ! ~!~ i I i ~I~~~ Ei~I ORS4~ ~i ~ '~ 0 ~ !~ e 4 4 ~i ~ : 6r v5~ ~p'~-t ~ ~i ~ ~ i ~~3 ~ I 9 i ~ i i i~ i~ ~0 4 , ~ ~ y, ~... .: ~ . 1 .. . uv.. , .. , F, ~,,. ~ ~~~ ~.. - , + .. P.. .~ . .. ..v.i Sr d_.. a.. _ .eSi:. ~. . . ....3 e .. .. ._ ~. , _ .. ... . Utility Easements per the requirements of [he Director of Public Works and/or public utility companies as necessary to serve this area with utility services and allow for vehicular and utility service access 26. Public Access Easement Dedication along PW GRAD Barnet Boulevard. Developer/Applicant shall dedicate a Public Access Easement over the sidewalk along Barnet Boulevard and over the meandering sidewalk connection between the parking lot off Gleason Drive and Barnet Boulevard 27. Improvements along Barnet Boulevard. PW IMP/ Developer/Applicant shall construct pavement OCC widening, curb and gutter and a 5 foot wide sidewalk along Barnet Boulevard as shown on the approved site plan and as approved by the Director of Public Works 28. Improvement of Gleason Drive and Barnet PW IMP/ Boulevard Intersection. Developer/Applicant OCC shall construct sidewalk, paving, curb and gutter improvements at the intersection of Gleason Drive and Barnet Boulevard as shown on the approved site plan and as necessary to conform to the existing Gleason Drive and Barnet Boulevard improvements. Said improvements shall be designed and constructed to the satisfaction of the Director of Public Works. 29. Dedication and Improvement of PW, F IMP Fire/Emergency Access. Developer/Applicant shall provide adequate access and turn-around for fire and other emergency vehicles per Alameda County Fire Department (ACFD) standard requirements. Internal drive aisles shall be designed for fire and other emergency vehicles to conveniently pass through (12 foot minimum lane width) and have access to all buildings. 30. Overhead Utility Lines. The existing PW OCC overhead utility lines starting from the transformer enclosure on Gleason Drive across the property shall be placed underground to the satisfaction of the Director of Public Works. 10 &r,~'y, rU y 3N jli G'. a i°.' xv vs ~ ~ .,y~~9~i~tP33; ~3 ;i Ii~E 5 ! ~'~ ii E I t 3 S t 3 ~ ~ ~ { ry iEi E: i~E ' ~ 3 i ~ i ~ i 3: a v. c ~E N r~ 'i !~ ;;,.. 33. ,' Ii i~ I ! I E v v , =,~ IE;l E h ~ i .i.. ; I,~~~ ~4yi e.e. ~i i I IiSI; IE 3 ~~ i ~ ~ •'{ 1t f t~ s 4 I (' i- ~ t 3,~~! it3.~ ~:' ~1~~ ~~~; ;~3 '3 4 ~ E•E'~.5~ :3~.~ Ev,~' L~i! ;1;3,~~ ~~( t i 3~ i i i iF •'{ hi ! '~~ ~(F! tii E ~ t S 4 Eh ~ ~ E { k yi~ ' if"' R;~ P4 4) N I E E ~~ $lHrv ,~~{(+ f }SC~ i3;61F~ 4 I 'u135R}n~~. ~ I bt1'ii{, 3; j { 3 . "~~k ~ !j; ;i; ~'G`E~! ! EtL ; ~ ~k~ I~( ( E~lai t ~ ~ t E I ! 4 1 k t,~it 3 E I~ F rr;; ~(I E ii EI ~ ~~ I~ EIEk ~k ' ~~~ '' ~e', .' i' d ; ' `~ ~''(, ~: ; .~ ~~ { t;E I ! ~ R ~ t , ! ~ . k ; F 3 a oG ~4 3 d~E9 6 :E , t e '~'h ° h ~ S ~~. tg>~ ? ~~;~ , ~+d~I ~ E~~EII ~ ~ ' ' III :E: ~ . ~ ::, .. .. ..... r : _ :.... .:: : > , .__._ ....... 31. Joint Utility PW OCC Trenches/Undergrounding/Utility Plans. Developer/Applicant shall construct all joint utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the Director of Public Works and any applicable agency. All conduit shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the Director of Public Works. Location of these items shall be shown on the Final Landscaping and Irrigation Plan. 32. Abandonment of Easements and Right of PW GRAD Ways. Any easements or Rights of Way now existing on the site, and not to be part of the proposed utility and street improvements, shall be abandoned and removed prior to issuance of a grading permit. ~. ~ r'Mi'~'i'•i~ii v~"~'e'! : L9S~ ; ; ~11.~ 3h'~d;~iS S; ~~ - .~!$$y;.~`y p ....... i~i:j:~ilfjf'iliEf n i~.' ~I _tl.o-n,Ey!n~ !: n~• ~: r!!!„ I 4"~' ~ v ''3 ?Lpg~iu~~ c :vv: ... ~a: ; ..L'n''e ~>;r ~IlE. ~: 9@ _ ~~ ~.) . ..~iii~.~.. ;i . E, i _ ~~ yp,~,s ' (~ ~'I~ :~^~? ,~'3~ „ , , . ::.. , . ~~ : ,: 33. Screening. All ducts, meters, air conditioning PL BLDG equipment and other mechanical equipment on- site, either ground or roof mounted, shall be effectively screened or enclosed from public view with materials architecturally compatible with the main structure. 34. Masonry Walls. All masonry walls including PL BLDG screen walls shall have masonry caps instead of metal. ::. ~.i; ; : ' ~ .._~'i;@ii'a"'i!A'?ii!~~ 3 ; .. .... ~ ~ ... l;x~ ~; i y'rv, pE~~~i~E;~ a it . °' ~~,`~~E~:`t`."3°:: x '~~'~! vl~0. .:... t ; k :•. , h~E~' ~ ,_'si~Ei, Ei:;i A.~!:~i~: ~;~~~ E>S~t;3 ~ hil';iS=3.: 35. Solid Waste/Recycling. Developer/Applicant ADM, PL Ongoing 103, 104, shall comply with the City's solid waster 105, 279 management and recycling requirements. 36. Refuse Collection Areas. The refuse PL IMP 279 collection areas within the project shall be ~ ' ' 3 ~ i !!''~R ilRi!! 4~' ~ ~ 3El~li E: ~ ~E iR, ~ 9 !E '~ ~` " . I tii3l j iu3~ ~H j ~'t}{l,t~E~~~II '~t,~t i . ! E ~3 ~ ~E~ i i43! E i a ~ E y :ji1•~,; i I~ r''i~ I `ninili 3Eii''3di !) ~ 3 ~~ ~ i i ~. ~~~' ti ~ .( ! 3 ~ ~ i ~ ~~', +~ii{ iE toil }t i E_1i , * i ' ~ ~i . ~ i Y. ' i ~ ,'~ EE }} E 3 i i ~. E i~ ~ i . '~E 45:1. ~ i 3~~ 6 ~ '~~~S~Ii! i ~ ,t ! i ~ i, !' i ~E~ N ! iiSlEiiX i 3n'ai'ti '.l II iE1 }' ~~E I E ~ Cr ! v E! ~~ ~i~~!k a rr~. 3 i p r iii 'i Ii q I i i i y ~ i~ '§ ~ ICS IIE iE .EPi fl' 'iii i ~i 3 ~ i ~ , E~'t'i~i 5 ,6i i 4, v. } t ,.. .. i :... . , .i . ...u,. ..I 6.. i{ i.,, i , ..:.:i, v reviewed by the service provider to ensure that adequate space is provided to accommodate collection and sorting of petrucible solid waste as well as source-separated recyclable materials generated by the project. All collection areas shall be screened from public view. "151i i~~:.: t 'is~-" c i .. ..... E ~ ~ : i ' ~ ~ ~ ~ 4 t,c ~,. v ~' ~ i r ~ i. i ~E: I t m::r:7 .,.... , ' ~ Itii;~ € ~€6~~! ` 6R i a i'i; . Si.:E:!:=.: « . , Pi §"' ~ w'Ltr , ~ _ t~.: _lEiEi;l; , 37. .. ...... . . . Trash Bins. All trash bin(s) used for this site . .... , B, PL ... BLDG . shall, at all times, be maintained within the covered trash/storage area. A minimum 10' wide x 20' long concrete apron shall be installed in front of the covered trash/storage area. The trash enclosure may need to be covered to meet the National Pollution Discharge Elimination System (NPDES) requirements. The design and architectural treatment of the enclosures shall match the building finish and color. Enclosure doors shall be of a solid (not see through) material and painted to match the adjacent walls. 38. The Developer/Applicant shall submit a letter PL, B BLDG from the Livermore-Dublin Disposal Company outlining their comments at the time of submittal of site plans for building department review. !' ., ,!. ~~ ~ ~:.i~I, ,I>,y,vlHNII i~ ..~ ~~,~ i ~' i6 iEla;::d i;r;:;~i.~- .., I E ! ' Eyla~, i ~oy$ h i. L, ._,.E .;~ " i jE d ' ila; ~. .,ElEl,. _E... ~' =.. ~`~! E~ffi E 3°, ii s S,6 s ..:.4!`lm.. .....l.i.. __ 39. Isochart. The Developer/Applicant shall PL, B, PO BLDG prepare a Lighting Isochart to the satisfaction of the Director of Public Works and Director of Community Development. 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 afrer daylight hours shall be adequate to provide for security needs (1.0 foot candles). Wall lighting around the perimeters of the building shall be supplied to provide "wash" security lighting. The Lighting Isochart shall be provided and subject to the review and approval of Dublin Police Services and the Community Development Department prior to the issuance of a building permit. 12 ' 'i ~'i ~ ~ i ' t ~ .I ~„ 3 e. I ~ lii4~ III ~i~ + ?i3 ! ~ .. ~ ,~ i i i! ~ I `~ ~ 13~.~` ~ E ~ ! ..r; i ! l3~ y F. ~ i ~ni 3 ! ! t 7 !~ t i! .: ~ ~.. !~s ! I ~~ij~ i e ~'}~v , ' ~'6 i EFL, il.;i~l, im y' I~~ ~~I v>>~,IEE y I ~ uu +~ ~ ~ ~ ~'~ E 3 si ! "3 ~ ! ~I,I ~. ~ ~ . ~ i>:,3 ., ti! ~ ~ i I ! I I ;l.i E .;.. ~~j' ~~ ~ 9 l r c ~ii~ Ii i v. : ~? I I arm 'E< ! , S Zlili! i ~ ~E ! ! , J , , i ! . ~~. , °iv iI ~ ~, ! ~ ! ~ c ;k! w iN ~~ si va4E l~' !l,h X i 9i~i ~ m ~i31~~ j1i ~r ~" qd . a :. i , a ve s: h Ei ii p, F ~ ~~ n ..:.:. i : 5 E ~~{{~~~7 ~~.: vut. Pt°:.4 ~ . F ~, ~ d i y:. i !a i ii.lE!= ,...?n. j~Eat it 5, x;.:. Ll. , .' C , ! i ~ ..~.. .. , ...... , ._ , . .. . . . 40. Will-Serve Letters. The Developer/Applicant PW IMP shall provide documentation in the form of will- serve letters stating that water, sewer, electric, gas and telephone service will be provided to the SPCA facility the appropriate utility companies to the satisfaction of the Director of Public Works. 41. Underground utilities. The PW, PL IMP Developer/Applicant shall construct all underground utilities to the project building in accordance with the governing utility agency and the Director of Public Works. 42. Screening above-ground utilities. The PL BLDG Developer/Applicant shall screen any aboveground utilities that can not be underground, such as the back flow prevention devices. ~~i1 ~ ~ i E S' Illii~. ~A ~ 'i~~~! iii `C ~S! N.ti~i v~.~~R?' l r Bpi ~~!~iitil~ 1~~3Y ~}, {~~e~ i~E~~C!! i, "11 i.~~.!., e'~tkiiV~?I yi~!! lE ti~, I!..: i;:i`~~la r Ei~~_!: _E.inn 43. . Parking Agreement. Developer/Applicant PL BLDG shall submit a letter from Alameda County stating that the SPCA may use the corporation parking lot as overflow parking as needed to the satisfaction of the Community Development Director 44. Parking layout. All parking spaces for the site, PL, PW BLDG shall be as shown on the approved plans, labeled Attachment 2. All spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail" available at the Planning Department. Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement and designated on the parking plan. 45. Bicycle Parking Provide bicycle parking near PL, PW BLDG building entries where there is adequate lighting and can be surveyed by the occupants 46. ADA Requirements/Handicapped ramps. PL, PW, B BLDG Handicapped ramps and parking stalls shall be provided and maintained as required by the State of California Title 24 provisions. All 13 i i V{it~ _ '~i ~ S ~ it i ,~' e,3 ! ''q • i lt' i l ~ i'}?' ! I~ ~~ ! ' ~ t ti 4 I ~' ~' t i ~ ~~ ~, M ,i Fit ~ ~~ E,I I v. Ci [ ~ ! ~e~'} y~ e ' . i '' !E,E ' i ;i 2 ~ , ~~ i~ ~ ; ! imn3 i }; j i i!E ~''! 3 ,~3~a`~'„ , L= ~ ~'~~ ~ ~ 1S'~ ~ T F'} ~ I i `F t ,* , i 3~i , ~~ ! ' i. ~ e~ i i 6, i i ~ ~ } E~di=irt iii 5: ~ b E i . ~fl V} i i ,yy EN ~4•t, ' h :. , t 9,3~ i ~ y i U3,V ,(y~ ( R n3 E! i ~ ~ ~'~~ ~'~ ~ d1 t ~eS'E _~ , ~ ~.,.t'~,;K,fl+~ltf', {',~~ . ~ , :~ q.viei.E;hlakl:~X t~~'= i '~~ I ~ (j~"I t t) i j~ ~4~ ~ ~ ~ ~~ t ~~ t ~ ~ i.i t ~.i 614 ~r~ (,~ ' i ~ y,, r ~k. 4 i~ ~ 3 . y , ~ , 6 ?i+;y t~ i) > Iii ( , 1 Vi e , E:, E IE~I:[e:eEe[, i i '~,~ ~ E~ i l i i, t ~ ~t t i ~ ~ ~ i , .. ~ ~ ?~ ~ T iF ~ yy p ~! 4 ~ £}£p~ i i { R, t .4 ~ ~~ ! Ot~ ~ y X,~}}'t~+Iltft^'~ ~ I~ I °3 ~ ~~ ( ~~ I ''~ ~ '~~i 4 ~~ ~ ~ l~C I ~ ~i ,°~ i}},,! E ~ ~` ~ " ~ i~ i~ Ov. ! ii ~ ~! . ~~ ~~ 3 ~t i ~ i{ ,~ i, i!. ..: ~ ~ v .. . . :, ~ ~_ ..i v ...~.i:i1 P _. ..:6~., ii ,...n:..,. ...,.I,:,: , t~,, :i i.e.e .,. tN!, ....... :v. k _.: _... .... ~~ .. ... !!.._. . ._ required handicap signage for the parking stalls shall be installed. 47. Striping, drive aisles and sidewalks. The PL, PW BLDG Developer/Applicant shall configure the layout of pavement striping, drive aisles and sidewalks for maximized traffic safety, which will include traffic circulation, convenience and site distance per City of Dublin Zoning Standards. 48. Fire lanes. The Developer/Applicant shall PO, F BLDG have all curbs within the development which have been designated as fire lanes painted red with white three inch high lettering stating "NO STOPPING -FIRE LANE". v@:. ~ ,i, .. „ .~ :. t~4 H 7~F ~~: Y~ Ei) fi ~~, ...., v,~ ., ' ~ .......... i ~,,_~,,!il~i Ert i i . 2 ~~' ., t~~'..:_. .:.......: NH I ,. Fi . 1 , ~,1 . E,,: I!4 ! S .i i?~~I, i~ i4 ! ,'L ~H~ .~ 3i~~ ~ : .; .ae ',4'I ~ „11 . „ A.i., nx~ Su l4:,~!fr. 49. Striping and Signing. Developer/Applicant PW IMP shall be required to restripe the centerline of Barnet Boulevard and Gleason Drive in conformance with the pavement widening. Applicant shall also relocate the STOP sign as necessary to conform with the pavement widening. 50. Streetlights. Developer/Applicant shall be PW, PO IMP required [o install all required streetlights along Barnet Boulevard as deemed necessary by the Director of Public Works 51. Slurry Seal. Developer/Applicant shall be PW IMP required to slurry seal the full width of Barnet Boulevard for the entire length of the pavement widening and as deemed necessary by the Director of Public Works ',~'~ ". .L ~ ~i' '~"~. 9'n' , t V i tltii d, .,~ T 1F iiI}!1!. !,' !. lhAB.,i i . . . . .. iv.m,I, I . E?.. ":9i.~i ka, a_ .. _v ~.~ t , 'i!P*4 I ti i75 ~...... .~,i. .... ~ ... ,. ... ....,,..,.,n 'i~ R=IE ,1,.. ~. .. e l~, F, it t~i,~ i Pi .I .,,,, v, , .... I ti b!R {~ i,4ci:! ._v.ev.t. ,oi ,Fi,~, .IVii'id, 52. Final Landscaping and Irrigation Plan. A PL, PW BLDG Final Landscaping and Irrigation Plan, shall be submitted for review and approval by the Directors of Community Development and Public Works. All landscaping shall be generally consistent with that shown on Attachment 2, prepared by Gates & Associates. Landscape and irrigation plans shall provide for a recycled water system. 53. Obstruction. Landscaping shall not obstruct PL, PW Ongoing the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping at 14 itii',', ., i: f8-d '~ .I• ^e, E (i+~" iyE~.. ~ EII ~, ! 3 ij~{I~ ~ ; t ! t lyd!!Ci ~ry~ { i id R ~ a hE~t d'i~t i i E i~i6 ~ ~~ ~~i~ ~i' ~>3i ~~ ~ E ,' .. '`I!~ t d ~ .. R ` a ~ i NF ~I 'a : v d :it ~ ~ k ~~ ~~i ,~~ ~ ! dy! i ~ i d ~ ' a . v t i i Iil! I E ! eE~! iEE~ ~ N t k~ ~ ! 3ih ~ ~~~ SEE t ~ 1 ~ Irrk' I°= z ~ ~t ~ ! I ~~~~~ ~ v ~, : ~,~ ! E E t i.s Ijs E ' ; :: H. .. ~. a i i ICI ,I~ ! ~ I 'I ' . ~ , i 1, ~° i . ~ EE ..~~in 3 t ~ v ?i I «.t ..~ 7 'E~ 3E E~ ~ z N ~ ~ E ~ i.., v'~~il,t ~! ~.L..., i,! ,~ d. I i ,7 t i ~ hRelt" vee iFEE:., 'Ct i'Nli;~` E~, ~ ~ t! i~.IE.. _..''f ~"..,i ~ ,, L, al:.v~'4 th!.;.. y'~~n:~:::~.d~t`tE. ~I!s:.! ..I5 ~~ v;... y.. , ~:::- ~;;w1.'..m ~.: iI . ~ :.:,;.`;~'.~ E<ip" . E ~~ ~ t F~. ~.~~!!~htN~ ~iI!v E i tit I! ~. /h ~ ~ EI t i' ~ ~ ~ ~ ~' 4 E kt I ~i "r.q,'~pj '.~._,_y, 'ki: ~p~....~,y'v.:;..,. k E .°r' a E ! E ~ i ~ kF: v.: !!~ t.., , i i '...!t ,. M 3iE;•:V`:'~'iINEi$~i,E;;~., EE Et s E ? EE~ Id~ i ~ ~ , ~I E p _. e I ~~ ~ v v vv..:~ F,I~I~i;d ~;I'':'.N ~~k I I IE~! Sv Ett. ! ~ ~ ,..., I~ s.: N _: '.! ~ ;'E; i_ t ! ' EEC I ! ;t t!•.... ! s'€::=r ~ ~ ~ am is a LE a. ~.I:v CE, .. ~Ni! ..._t i EI . .E ... .Elh~ k..........: l E ! i ,, ', ~ 6 ~.~ v ~ ............. dnve aisle intersections shall not be taller than thirty (30) inches above the curb. 54. Standard Plant Material, Irrigation and PL BLDG Maintenance Agreement Form. The Developer/Applicant shall complete and submit the Standard Plant Material, Irrigation and Maintenance Agreement Form. 55. Landscaping /Maintenance. The PL, PW OCC/ Developer/Applicant shall construct and Ongoing maintain all landscaping within the site starting from the back of sidewalk including all property within the lease lines. 56. Salt Sensitive Species. This site will PL BLDG eventually be irrigated with recycled water, the landscape plan should include plant species that are less salt sensitive. 57. Slope. The landscape plan shall address how PL BLDG the slope at the south end of the property will be treated, including erosion, maintenance and irrigation issues. 58. Fencing. The Developer/Applicant shall install PL BLDG a solid fence along part of the southern and western property line adjacent to the dog exercise/training area. 59. Height. Landscaping shall be kept at a minimal PO Ongoing height and fullness giving patrol officers and the general public surveillance capabilities of the area. 60. Lighting. Lighting in landscaped areas PL, PW BLDG throughout the project shall be subject to review and approval of the City's Landscape Architect, Planning and Public Works Departments, in consideration of IES standards for lighting in public areas. 61. Curb adjacent landscaping. All landscaping PL, PW BLDG adjacent to parking stalls shall maintain a minimum I-foot wide raised curb or equivalent to facilitate pedestrian access. All landscape planters within the parking area shall maintain a five (5) foot curb radius. IS ~E.... I . Is~I!:-~: `'i2 ~S'~! ' ! i ~ Ri"' z a 4F M if t ~ s ~~ii{~i P ICI ~ ~ ! '3'~31I4~. F?~ 1£~~'~ I :~~:~ E~~; ! .~j ~ ~'S 4 F :~~$ ~ i iIA' ~~ i!e~iii t ~ i i : d ,'pi a ' S i ~ I i : ~! 's~i 2~ ' `~i ! ~'i4 t `` III~ , ~ f ~' i i t ': 3 :: ' ~~ I!~ '~`iE m ms ii ; ~ j ' ,~ v ,y~+,.,t ~l•~ ~ ' : i~~id''' I'I ~ : ~~~Ej!i!~ ~ ~ ~. u.. y ~h j ti ~t, . h 6 :: ti L_ ~ ~ C i~ ~ y ,: i~ 4` i ~i,;,lti ti Eh !i~ 4! ! ~i iW I EI Et t ~ i £ih ~ ~ i ! 4' '} i ( ~~ I E ~ , .. I!! !i't~~ !I 'ii '4 3 ~ P t . { i! ~ i i1 3 ~ .~7~ t~ ':~1i4 ~~ ~ t h .:. j„ ~. 40lEEi i j! its I I a i Ii It~! t i ( ' +~ : e . . . n 1~G ~ ~t ;i i i ~IEli~ E 4 ' id E{ ~,4 ;~ i f 4 ~'I, . .t! .I ~ IlI~ ~ t,,0i I~ 031t .. E ~: E t i4 r i ~ c ! 6 i -~' IE ~!t y ~ ~ ' ' ~ ~~ ~ ! i L ~1~ t~ i I i i 16 {, ' E t rd I u ~ t . ~ l~'hI I,+ ts' 'P~ r iI m ~rE~ E ~ s I ~ i ° is t' k z= . ~ . . It ~ re Ii ' ~ mi.I ~ iI jk.. .. , : E ~~i.>!~E~ : f '' x: ~ a SEt : : ~ .. r.:.;1 s t.0;. `-!lE~2F t ,i1 , ,i . §I 4a g . .. 62. ~ . . . . .. . ... . Landscaping of walls, chainlink fencin ~f PL BLDG any) and trash containers. Landscaping of walls, chainlink fencing and the trash container with the use of vines is encouraged. All chainlink fencing shall be in accordance with the Zoning Ordinance requirements and regulations. .......... 4 :::i::t il444I irli0i 0!i6 ~ i'FH d' .~ 1 6 ~`i '~ iiit (~.IlV£ ~ ~ ~t2 ~` 4{SAP,' i i i a t '` _t ,I Yq I .. ~ N . I 3y.... i t q murk 4. X4 u~ii~~' {t ~~ ~ : 7 k~Iii ai X31=iy. d {. 4. .:~: 4 EC r t{. 't ! i 4", dFt .ilt~{{i :::.~:.. n: ..:.. :. v: !~~ : :: i. 63. . .. ... ... :. .....v. .. :: .....:...... _... Security Requirements. Developer/Applicant .. PL, PO . . BLDG . . shall comply with all applicable City of Dublin Non-Residential Security Requirements (Municipal Code 7.32.230 Section 1020) 64. Security program. Developer/Applicant shall PL, PO Ongoing work with Dublin Police Services on an ongoing basis to establish an effective robbery, burglary, theft prevention and security program for the business. 65. Graffiti. Developer/Applicant shall, at all PL, PO Ongoing times, keep the site and building clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paints for the structures and film for windows or glass should be used. 66. Addresses. Addressing and building numbers PL, PO, F BLDG shall be visible and legible from street or road fronting the property and from all approaches to the building. 67. Lighting over exterior doors. The PO BLDG Developer/Applicant shall provide lighting around the entire perimeter of the building, over exterior doors and in the parking lot areas. Lighting fixtures shall be of a vandal resistant type. 68. Employee Exit Doors. Employee exit doors PO BLDG shall be equipped with 180 degree viewers if there is not a burglary resistant window panel in the door 69. Emergency Response Card Tenants shall PO OCC complete a "Business Site Emergency Response Card" and deliver it to Dublin Police Services prior to occupancy. 16 kv x3n t E ~ t I ~ kt ~tt3 °E t. dmm ~t ~i ii4 i ~ I tI I ~ ~ I :e I ~~ ~ ~ . ! i i t ~ att rv E 3 ~ ~y~Ir~ ; 3° ~ 5 y 9t3 30 '~ ~ °Rd :'. ..L'~ t "~ii'vI; 't'tid'i 6i ~ "B v lti~ Y' t .i ~ t '~ 't ! ~ tPt ::C:lut ~ t E`~ t i t ~Iil.i ' i ~ t l h I t t ~ !! ~i t tl It iR{1' t H~. R CC t5i t6 ki'iG"tI t t(~~4 I'i ~i {~4~4F~fr? ° i~~ ~ ~ ~ { !~ 'ri s R l t'~ i' ~4 °i k ' ; ii t ~ t ~iI e Y I ~ ~~l ~ : { . . i I L . i 9 a t t v€ ~ s. t ~ i ~: i d ~Ii i in'u't'~ ii ! 4~'ll ~~7 x i ~ ~I~ ~I~ i i i ~l i ili~i ~ iy,ER iiT E ~ E ~ ai L t ~ ~~~ v i ~) I pp S' ~ ~ ~>E 3~~~ ~~ ~ i .~~ I ~I'EI' t' ~~ I i i G _L! i9 7 .j ~ I~ ~ i t # R ~ t ~ i ~ ~ 4 ~° ht lSjltl ht~ i l ~ ~~ '! i ~ ! iii ~~i : ~ ~.~Iyi: .. Ii ~ I ~ 'l~ yy t I ~ .y i F , ) ! ~t9 h P ' ili tl t :- t z a !:'r: ah ~' yi ' It~I~ 1 4 i ~ ~ , R?tn{ . 5 '~ tiG I ~ l . ~ 4~( i! iti ~l 3 ! y 3 l i~ ae[ ~ .;., .. :.l .. .. _ .L .: uv . . :.. , e: :nm ... :'EE{I }~ 5 ~~ i, d £ yI t. 'liEi~ Eo. nr~bi`~C Ii I~~'!C iICIGk _h I lt't ilk ~~l t:.:.i~~:~ l ~.:N i~I, {~~i.. {R..~FR 'i(~ i .:a f :: :.:n i~ t k { i :i 70. Regulations. Developer/Applicant shall comply F Ongoing with all applicable regulations and requirements of the Alameda County Fire Department. 71. Fire Hydrants. Two fire hydrants are required F BLDG for this project. The existing fire hydrant located on Barnet Boulevard and a second hydrant shall be located at the north side of the entrance to the parking lot as shown on Attachment 2. 72. Emergency Access and Water Supply F GRAD Emergency access and water supply shall be in place prior to combustible material storage on the site or vertical construction. Access and water supply shall be maintained at all times during construction. A plan shall be submitted to the City of Dublin indicating the location of access and water supply. 73. Fire Apparatus Roadways and Fire Lanes. F OCC Fire apparatus roadways shall have a minimum unobstructed width of 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Fire lanes shall be identified in the plan and approved by the ACFD prior to installation. (refer to F 1994, Sec. 902.2.2.1) 74. Sprinklers. Afire Sprinkler System shall be F OCC installed. Plans and calculations shall be submitted to the fire department for review and approval prior to installation. A permit for the system installation shall be applied for and fees paid prior to installation. Sprinkler systems serving more than 100 heads shall be monitored by an approved central station, U.L. listed and certified for fire alarm monitoring. A copy of the U.L. listing shall be submitted to ACFD prior to scheduling the final test system. (Refer to UFC, 1994, Sec. 1003.3 as amended). 17 : t ~ i. i ~~~~. ~ ~, d ~~ i~ ~ a~ t ~i,,tl~tFl ~i{. titG. _ ,~ i !.!!~! ~ :~! i" I _ i !~ ~ ii€i ~~~ ii ~~~,, E P 3 Sv. t, I i f 3 t!h h 4vh~ ~~ ~ Est='i . N'W:, ~ i.'~-E~, ~' S;€''.,!,;4;,t;ra , t ! 'v~I'l~~~t~fl I€I!!iG~.~ , t€~i"~ ~f'... € ~ ~~ t t ~t ~! t EFtO!'!SM€` ~ y. ~ ~ '~' i y ~iy~ ii~i!'~ d .:.c=,'}= p .y., ~:~Iv t ~€ist€ ~€'I r €~i 8 S~ ~~ ~ ~ ~ i ~ ~~~ ~ i u S ~~ .! h I ~, y . ` 4 ! v`~it'il+i' i i ~! R ,,,. tl !itt,ti 4 R~II t}, M~yx ' ~ ~~i~ !3 k 'f ~ ~~~ t "-~ 1 9 a t y !! i! ~ ~ "~ € ( . . Y~y ,~,&~t! iE1 ,I F i ~~ tI iii p~ ~ ~+'eu ~~' ~ ~ € !i4 h ~ t € t hi 4 EIE . ' w i ~ rU. ; 34' fl € . h!i.!Iti ! 4 3lC~ i t~ 3i ..a m .. r. v e. ~. ,t{~3 4 i : ! .. { i~'i!`~.......4 I~ . . ~!I.~ ~.'~..., i ! ~v . ! i ~ ~ ....... ........ . .a. .,. 75. , . ....... Hazardous Materials. An inventory statement , F OCC (HMIs) for any/all hazardous materials, including Material Safety Data Sheets, shall be supplied to the Alameda County Fire Department, City of Dublin, Fire Prevention Division, for approval of process/storage/handling requirements. Additional Alameda County Environmental Health Agency requirements, including a business emergency plan/hazardous management plan (BEP/HMPP) shall be required prior to final of building permit. 76. Medical Gas Systems. Submit a Medical Gas F OCC Systems Plan and fire permit for the review and approval of ACFD. 77. Fire extinguishers. Portable 5re extinguishers F OCC shall be installed in accordance with the Uniform Fire Code, and/or State Fire Code for the specific occupancy. (Refer to UFC, 1994, Sec. 1002.1) 78. KNOX Box. A ICNOX box key lock system is F OCC required for the building and a KS-2 switch is required for the gate. 79. Emergency Signs. Signage is required for F OCC Electrical Rooms, Sprinkler Riser Rooms, roof access and other locations that would be accessed during an emergency. 80. Animal Evacuation Plan. Submit a plan for F OCC removing animals during an emergency to ACFD for review and approval. !~i Ii0![titi'il:i.Ei~wi'~ u4°' t t, ..... . .......... .~. .. i.., I~a::a:. ~;k.hs iG .it ~'~ ~i; '~^,~. ~. 5! .. ~. ~€€.. ~_..__ ?" : ,. ': i'ti € ii :~ a, ,'!!!.l,. ~~ii!!!!e~"t, ~!ipito pi' nt, € .._........aw. e!It~ oI~I c i i€i~. u,lllili.lR liw,!iti~il ~.vnt €~i€i„L{! .!_ :~..:. E.: _.: `! 81. Infrastructure. The location and siting of PL, PW IMP project specific wastewater, storm drain, recycled water and potable water system infrastructure shall be consistent with the resource management policies of the EDSP and with DSRSD Master Plans and all DSRSD policies. 82. DSRSD Standard Conditions. The DSR Ongoing Developer/Applicant shall comply with all applicable requirements and regulations of the Dublin San Ramon Services District including the following conditions: 18 ~' ~ ! i .. i I ~~J ~ti s~, ' ~ ~ ~~ I~ ~ .. E ~ ~i~~ ~ ~ ,~ nu it~d.aiEi:vi : , ~Iai i ~~'~ ~' I k Si':':IPP !~!! ~15 ~ ' ~ ,'!I i p St ~ Si'~~ '~,~i "Y i i ~ r 3 3 ci "h 2 ~ '~ ~E ~tii ~ ~ ~t ~ tiG~ Ei ~ ~i~i ~'iE dl~N dt III e!l ht~plp it Iii at . q N, }~ i! ~i: ~~i I~~ ~ ~ ~ } L '. 4, 3~~h "~ (~ ~ ii t ~ t,t. :! ~~ : , 4 ;i' ~ I i i ai~ v .i ~p~p~ v tiI ~ ' .. p. h~ TE ' j!~p i I , ~R4I~`t i i R „y~ jj~i' ~ 9v q ~~ , ~ i~ !i i ~~~5 .l~L, v'~~:: ?H '~,~,~h' i ! iii! ~i~:i~i~: ~~~ ,!.~n:ii ~ i. , R t;i., e, t3~ „ 'r,~i~,,::~ i;..,h l!~,{:.;~ m iavi~ v!3L!3~ii .r~., i ,ta,::,: ~~ k~f!`,n`~ ~,~ ,l~r.;;tt, ,. ,~ i. ~..! .!, N!lt ... ,tits! ~(i4 '~ E~t ,~ ~ N i `~"x i -`t'c ' l ~ i ....;i,.i'! r.d ~ Iij !„q +f!. . : ~ i...s !~ a i F.... i ,:. § :Ai P ~§~:~ti!.;, i. ~i ~~~lE '~~I: ~ ~,~~. iit .::.. iIt t' '::,:: ~. ~: L! ti. j ~ jl i ira . t.... :u I ht. ; f? Bi ~~I ! rr,:,:,I •,h ~ ! ti 'Iii ti.t6!'!..~ a3 ~ i i t s t ~! iI ~ Ci :St tFt"'v, S~ ~!,v ih t ii ~M4 iti!it~{ , t , ,Z iet ; r.,at, t ~i I ! ,:" .ei .m ,, .....,8 . i ~ n . ...:_:a _.., i::. i~ti~ ~ i t; ..,. 6 S..e...v.: i , . i tI ' .... ... ~~e. ._.. . , ,, a , .... . . ,. .._.. Improvement plans. Prior to the issuance DSR BLDG of a building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the DSRSD Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. b Sewers Sewers shall be designed to DSR IMP 118 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 wilt 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 Developer for any project that requires a pumping station. c Fees. Prior to the issuance of a building DSR BLDG permit, all utility connection fees, plan check fees, inspection fees, permit 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. 19 tt t t EIE~~I i Y i!! , ~t~ i ,~' 3 ~, Ey~r ~ tzii ilii itim .. E= jr~~y~~p t,E;~iy61 d,p I~~i SS ~ ' I ir,~ 4 . ~ iu~i' ~ d ,.L~k giyd I ~~ i i;.;. r i. i i 3 t! '}~' ! ~i r.. i i ~ i ~ '' i i i'~~ 3~ ;i ~~; .i . !i d n!!. • t I~ dS ~ ~~ i~i'i~ E ' '~~!id i ~R 4 i d~: y ~ E~'i'dlt~! i i { 'i -'~ ti t'~ ~ i i l~~it I i E ~ ~' t l~ r {+~~~ t5! ' '~~ C ~;i~ _ t d i E ' 4 ~,~~~~~,,tt l!r~ I! i ~ d i i+i i"~i~~; " i~ Eii ~~~ t ~ lyi i`c ii d E'' ,~ i'4 iil~ ~. k,rd ~rEri~r;. t t ~ ~ e~4 i~.t'Ity3i! t ~ p ~'~rt ~ i~ t i ~ i i{ ,~! a~' ~ ~~P d. ' >>~ MY a iE . a''!s; ~ I ~ ~(t i~rvn I hi~`4'f- ~ EC i i~' i~i~ H r,? p E~r `~ R ' ~ I ! i "? i~t i! S ~~ f ti I ~~ s ~ ' -i `~S i{iSE t h'? F i~ . ii i,y,y'',G l.i:~ ~ieE#4 ~EEd'I ~ ~' h~I C M~ ti0 ii ' i ~ ii r E 'E! i{}E ( tllr~tl.! i ~~ i~ 9~~ ~ F . 'v `f i ~di ~ ~ ~ i~ ~~1~ ~ 'tEf?i Sf e. .. i i.r { ~ d ~ r: i i ~ r i i ~ i''~i ga jtE t,i'i Iir~t itE~~ ! ' ~ i C v Ili N >, h3 i k i n{rul9l'it t ~:l~E~ ~ ~ 4 ~'t'• i P ~ ..4 ~F R '~ i irl;ii ~' y Ef { ; ~I t i alit ~ ~ ~ i Fl ~Eir i ~. C,{.H i ~i i ?~rl IiEi ~ eM.~ ~~i t ! t 'rk! f iE:.a. v.:1t{o:Se n t ... r ... r . :T' ~ r , ~. . d , , _ . .: . :. 1 : .__nr ...r.. . ... ...... . Improvement plans. Prior to the issuance . ... . DSR BLDG .. of a building permit, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Developer shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, aone-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. e Utility Construction Permit. No sewer DSR BLDG line or water line 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 #C above have been satisfied. f Hold Harmless. The Developer/Applicant DSR Ongoing shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 83. Addition Comments. Refer to red lined DSR BLDG `Preliminary Grading and Utility Plan' marked up by DSRSD and on file with the Planning Department. 20 li~~ 31 ~ i N t'?• ..:: ii m .... i ~~:'44 .. i ..... 3 i i Ij i i, ~;{ i ~II ! + [i" ~.' ~ °~eF' - ~ir+t ~~?,S'? ii~~'iiipiPi ~ i E~ I~va 1 I .iiiiut l ~!' y ' i ~ ':~ IEl ii l P '# L 5' ~I !I i N ~~ .. .~, kw +' Ei per, PI ! I , 3 EIh . .S t ~~~'~. ! h I,~~,d'}~ ~II t'j ? v,s; ~ i i ~ W l P l 9 j s ' ~i i- ? t°~ 1 !~~ I I N E !! I II ~H ~EE i ~ ,y~ i ~ii~ ~ ~ ~ 4 i ii4n 7 i i 1 h~ 14( ~ii` i ~~ ~ h:3 ~?~'I Ili I1~' P ,(T i t ~"Y i m j},g:,+~,~t ~"y ' i Ei E y~E~ a~ : 3~ ~. ii ,.al~1~€ ti !i i i ~ y. ~i~ ~ 1 Gi ~!' ~~~ ~ '{ .. ~ ! ~~ ~' Wi,i~ {y( Ii I i° i.! ! d ~ ~~i^" ~ 'iIi , ?'ii 3 '~s,~ r~ i ~ ~ t ~!(,t ! r ~,:. 5 Ei S ' P tEE~. , Iii i i i ii I II ~, C ~ ~'`i i ~~ 4d-pE i ~, ii + ::,: u it'C ! di ~ ' __; I ~:~~ I i i I a , F ~ ~ ~' i i :t, ~j ~iii~~~~hiil i i re ~ i '! E ~h'! ~ q~~ ~ LI t i!I I i ! i i~It t ?i I ~ EI .a II I.! ~. .. +'€y~t~4 ~'' ~ ~ y 3 iI~ iiSE~ ~ I i~ 3 i i .?~,~ iR I E I~C~ i! ,!i i ~ !( 1~.,~1!iE; , ,fir ! I t S . I : 'iv.,, ....I. !„ ., . , „ , . ... . 84. Implementation Responsibilities. PW IMP Developer/Applicant shall comply with all implementation responsibilities for Applicant/Developer as outlined in Table 9.1 "Water Service Matrix of Implementation Responsibilities," Table 9.2 "Wastewater Service Matrix of Implementation Responsibilities," and Table 3 "Storm Drainage Matrix of Implementation Responsibilities of the "Eastern Dublin Specific Plan" dated January 7, 1994, incorporated herein by ~ reference. IIP! ~.. .m~ i ! .S4 P i5I ~i € I PE I .. I I 'V4~{ PI'~ `~'P_L l '€i~ 5'4{rt ~~IE~~p` }: ~~~~~~ P..!~_F~It~N,t~.~il3rYjN! iC II it ~~il~'?„ ' .. ~.~i h? 85. l . . ... ... Graded Slopes/Erosion Control. All graded ., . PW ,. Ongoing slopes which are not to be developed shall be hydroseeded and treated with erosion control measures immediately upon completion to prevent soil erosion. The hydroseed mix is subject to approval of the Director of Public Works 86. Grading Plan. Developer/Applicant shall grade PW IMP the project in conformance with the approved grading plan, the State Regional Water Quality Control Board and all other related agencies' requirements and standards 87. Updated Eastern Dublin Santa Rita PW, Z7 IMP Drainage Master Study. The storm drainage system shall provide for all on-site, as well as through drainage. The Developers/Applicant shall comply with drainage flows and areas of the updated Santa Rita Drainage Master Plan Study (originally prepared by Brian Kangas Foulk, dated October 1996) to the satisfaction of the Director of Public Works. '8~i"' ' : 3 ............::.c:~ m:::.:::::: i Si i .. !iI'~iiii •ii'iiv ~ ° _ .. .. , . is '.i ive:::i4:E:s : i i e :.;..s....::n::.vE i'i::. ~: n. ••t,:~r.:•.!5~ia;.LliL i: -7 i y i ~ ...u i::: ::: ~:::e,• i~i~ii i:i~i~::it- . a!?; is Ai i!;I:!m:a:• :?:c I'~ i i. ,.,, .._+a ..... ... •:::~. ,:,:,I~! ~':i i,..;;:. i ~=l'iiE!:!aa=i!iE~~::~'iSh,.. ° , .... d S ~ ,....... ..l:o~..:r.,:,.,..1.: ,',:, . i:;::::: ii,ily:,: .Spl.. ,~~:~ •!iI3SiI!iIi!q: •pp:::IaS,€....rnp I I. ..I rE.......,.Fvv.. _..4 ....... . ai, i .._ 88. i.. . , ._ ._, Water Quality Requirements. All .... PW Ongoing development shall meet the water quality requirements of the City of Dublin's National Pollution Discharge Elimination System (NPDES) permit and the Alameda County Urban Runoff Clean Water Program. 89. Best Management Practices. PW BLDG 171 Developer/Applicant shall demonstrate to the Director of Public Works that the project development meets the requirements of the City 21 are t g3{"Fyu ~dt ~ .:'t! e {it i { { f s j'~ve vuu ' ~r~k~~ ie _ t6~tt i n { .t t i t' {6 i;ij. lair ~ ~ ;~ 3 t i { :~a ~;, ~~qq~.3 wS`w' 1w 4 iiE EE: ~~ 6 E~,:3i.,. a II~r. `"i tr inii,:;d i:: iii Iw ~E 3S ."j~,w' i ~u:9.: ~ "~ a: i~!:w as ytu:!:, v:~:a:!i!:!:::6~ ~ :: n~: t~w 3~ °' ° ~ :, t: i{~'ji;~ ~ ~~; ~ ~ ~ } ~~E t ~3iF. ~ E'h'ilw~' ~"3t~iE1E i..~'v~wltFC k S 3I';tt~ tE t ~ lid i „+ " i;t' a 3'!fi4 SiEl,t h7 i iE ~ ij 3 '~~:s., ~,itii ~i3~a'~IS 3i+iE13i:r~i~ IiI{{ii{t~Ci~~;~~:IiI' "iE:.. '` u,.y ~,.;~,.. ~E :t;;E,~~! i':F:~h:i:i:`v ~:3j3it:~3~~1i~`ii '~~'r Etr~~~~`4 w t .saj d :,,s. F?i c; i, E ~33 vt ii i.:i3.. Li9 . ~, ~:. ..,; <..:.. t I i4 4 { h3 7 i vEE;h. 33d!~:!:vE:i:,~ i i..: `r''' i r*+~'~d {~+ I t ~~ i~h Fat w:k!.~Iv'~dH~Ch~atq ~, .!! {ii {E ~ i~N~',!` y ~! i ' t~4 . ........,~ . ,. :.:. :.:.:! ~. 3:aleE. '~ i ::3:: ~.,?t'":6'~t~'dlh i..:..:_ 6 ; s xlt ~'t:, i:, i.... hh ~ ...... .....:.3 . . E:..a9'~1a....::: d r ... t.:3:.iF Elivthl} .... .....::::: ..~..~.~! of Dublin's "Best Management Practices" to mitigate storm water pollution. I!I i ..3 i I Ci is ~§ii: is : 'i I !. ~ i R! ! I'i:4t ii I d~4t,,,P i Ij :.._E~E{3111. ~..~~.~ . ..rve~i.. ~..:.:. . ti~ d .~~.... .. _.: h. :.:.. .....: ~ dn.:a~ .. it ,3 :iTtv.. !t .._:..~.~. l.. ~ ,:._EN4r.. c, t , E 1X4 jtiie:: :: ..~....~. .:. .m :F 90. Erosion control measures. The PW Ongoing Developer/Applicant shall install erosion control measures in all areas of the site during construction between November 15 and April 15 to the satisfaction of the Director of Public Works. These measures shall include straw mats in landscape areas behind sidewalks, a gravel construction entrance and sediment control in all storm drainage inlets in accordance with the Regional Water Quality Control Board Manual of Sediment Control. 91. Housing and Employment Monitoring FIN OCC 4K System Prior to opening for business, SPCA shall provide a list to the City of the number, type and salary level of employees for the business in order for the City to implement the required housing and employment monitoring system required by the EDSP. 92. LAVTA Developer/Applicant shall provide bus PW OCC passes for employees per LAVTA requirements. 93. ADA access. The project shall provide a PW BLDG minimum four-foot wide direct access for pedestrians from the proposed building to adjacent streets per current Title 24/ADA requirements. :v;::;.r ~:: :. _ .; : "' :&.;p~ i"IiI ; i''"~ '''{iE _ ' 3 °' ~~e`'i~iiit ~~i3iyth~ !EE. ~ ai!,~;. ~~,'~i:~p4~,` :.~3ii :-: t~ II ~rHE'i ."~" .>~t:.::: v4 .: m_ ~!•~ `v .~ ~y IIE.IEIt3!;n ~oat3':'i:,; vh,I!rtti; .,; ~ r: ~v!:!at!~..:...r .:...........I ~:, ` .ni!Ei:!tl...:.. d, {;t:;tpv;:p;:!;;'i~':... .,.~~.:...i. 4yt: 94. Monitoring Wells. The Developer/Applicant PW, Z7 GRAD shall destroy any existing monitoring wells on site prior to development in accordance with the requirements of Zone 7, Alameda County Health Department and other applicable agencies. 95. Salt Mitigation. Recycled water projects must Z7, PW Ongoing 141 meet any applicable salt mitigation requirements of Zone 7. 22 23 Developer/Applicant shall obtain permits for oversized and/or overweight construction loads coming to and leaving from the site. If soil is to be imported or exported from the site, a haul route plan shall be submitted to the City for review and approval. Off-site truck traffic shall be routed as directly as practical to and from the freeway Q-580) to the job Site. Construction traffic may be subject to specific routing, as determined by the Director of Public Works, in order to minimize construction interference with regional non-project traffic movement. 2. Developer/Applicant shall ensure that areas undergoing grading and all other construction activity are watered at regular intervals, and/or other dust control measures are used to prevent dust problems as conditions warrant or as directed by the Director of Public Works. The frequency of watering should increase if wind speeds exceed ] 5 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Recycled or other non-potable water resources shall be used where feasible. 3. Construction equipment shall not be left idling while not in use. 4. All construction equipment shall be fitted with noise muffling devises 5. Erosion control measures shall be implemented during wet weather to assure that sedimentation and erosion do not occur. 6. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. Dust Control/Cleanup. Further, Applicant/Developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean-up shall be made during the construction period as determined by the Director of Public Works. 7. Excavation haul trucks shall use tarpaulins or other effective covers. 8. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. 9. Buildings shall be constructed in phases such that most of the construction traffic can be routed into the project without traveling in front of existing buildings that are occupied. 10. During construction, pedestrian access shall be provided from public streets to building entrances as required by the Director of Public Works. 11. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: A. Inactive portions of the construction site should be seeded and watered until grass growth is evident. B. Require that all portions of the site be sufficiently watered to prevent excessive amounts of dust. C. On-site vehicle speed shall be limited to 15 mph. 24 isi!!4!~! d EE , .~ s i!i !It'll!! ;;... i I E; .. ; ,EIS ', i IS ~~5 !3 ~ li~i i ix ~ 13i : { i S 4 * '~ !'~ I { ~ ; vE vjl~~vi E!' 5' ~'6 3 t j~5~ ~ . 9h, i I~ L ~1, ~ 43i! 1 H L IR ~ i ~{~ia ~ ! fir! 2 i ~ i~~{Y ~, { { i~E{ + [ i j !i,! ! ii ~N i !! i~ ! i ~~S~a~ ~ #' is ,3 ' 3 4 L tit + i~ { L !E I 2!t { i ~~ : ~ J m# ' ~ ~ i y~:~,'! -RR ' !il p,. im 3.., ~.' ~!! 5i ''~ - i {i ; ; y li ~ T ! ~ , hv 4.:.~vE c i IF,.E ~! ~,~~. d,'v y :yk ~FVS~ 3,I}'~ ~ ~ 5 ~~u i!E' i'EIEi iy }r.R:;yr;!n::,j:LL~.i3 :i I~ 1 ti:u lr.=.;reiv~. 'vjllal I i3h! i;~ ~..'iv:~.. 3 ~ r` r c .... _ 3' ~'€_. ! ! a!!„ ~ :.:~ ~' L~. L i:'~i!~ ~i!u:.: i... y. ep....:i~ i !'L~::I:... uiaa!!::!E:i!:!•!!!•!~ Y'iSi:n ii:: ! ~ ' 3:3!. "`]':.::•, i• ~~ ., .i?l~it.::'€~:! p.:I:. ~ I I ~., s ..r~,,:,..::,.;° ~+~ w,!Ai•i : ~;: ~:!~;!a :! i, .;i I~I:.~.EE"~+• ! wa;;:: E6 ! i~ • F, ,I i;::. •~;~,y~, .. I 4:3:•3::::;t.ya}~,.}} p,!~~,..:,~:a, I i '~s~; is r i~~~3i E;~ i~IsdB~ I I iE s s. m- ~: , ,v'~ : ,»3!I ~ 9rn { '~ y,' ! ~ s!:!; }: :::~i .' 3 I '' l ~ r E E ~` l ~ ~ i` LE' :SiI !~! . ,.?,14~~ ~ . , ,e z .I; . ~ : : ,sr a : „ , : l.l I E' aI: Ei 3~1:L_:._~! ~..,.:Ei :. .._6,~~ E! ~ ~.i!"`t+ 6 ~ II . E~ , 1~;,~ ° e+ _~~E.~;::::. ; k .:......l ~. 3. 61~" 5, 3. ~".~~E(.u~G... ,..~, h r:: ~~ :. 1...... ~ !:,: D. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by [he Director of Public Works E .The Department of Public Works shall handle all dust complaints. The Director of Public Works may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the Director of Public Works. ]2. Construction interference with regional non-project traffic shall be minimized by: A. Scheduling receipt of construction materials to non-peak travel periods. B. Routing construction traffic through areas of least impact sensitivity. C. Routing construction traffic to minimize construction interference with regional non-project traffic movement. D. Limiting lane closures and detours to off-peak travel periods. E. Providing ride-share incentives for contractor and subcontractor personnel. 13. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. 14. During construction, noise control and construction traffic mitigation measures within residential neighborhoods or on public streets must be taken to reduce noise and use of public streets by construction traffic as directed by Public Works officials. 97. Temporary construction fencing. The use of B, PW BLDG any temporary construction fencing shall be subject to the review and approval of the Public Works Director and the Building Official. 98. Hours of operation. Construction and grading PW On-going operations shall be limited to weekdays, Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:00 p.m. The Director of Public Works may approve work on Saturday and hours beyond the above mentioned days and hours with the understanding that the developer is responsible for the additional cost of the Public Works inspectors' overtime. ' li3?}WE} ti~?sE~4 W 3r9.t,.y `~4 ~ ~ F4S~,?k>c~i~ '' ~ 4 !!¢~}ii!Iji (!'f ~ ! I::~:~: ri iI !{ i !tit..HI.i~F~'~'~+3!131'113{! & ':hY ~nei°ihtc{!i''4n`I I.{!i 6t. ~ ~v ' .. . ... v ~. , v~„~: a :.. . : n::: ::_ . 99. Stationary Source Emissions PL GRAD 269, 278 Developer/Applicant shall insure that stationary source emissions associated with project development are minimized. The requirements of Mitigation Measure 3.1 1/12.0 of the Eastern Dublin EIR shall be accomplished. 25 '{i iii !. t I! ¢ ~ ~ ~ iFIIY i i Pi ..... l.. .I,~7~ .:. E~ i i~ 'E! :. b !1 'I N I!t I!~ 3a+g v3 ,IFt.:: ' ~'>,, :. t, r.:.I4'i;i (~ l.ar'4 !~~ ! !~'T ',`~ E '~ ~:; ~ .: , !1 I II ~p i' i~p <s ~ E E : ' NI hh ~~~ ~I i l v I ~ ~ rs~ `? ~ ~ E~ ~" C!E' p i kiy .. '!Ih ,' ~~_ 9 ,r '~II ! ! y i ~! 5 I vt ~ 4 { '~' i .{!: Nib 3~ t !i i! : 3 ~; ~ ~' i Ii EI: ~ !!v :v 0 .: I~E:;,i,,,:l jEy; t!,!¢L,.. Er~~ ~ rt I ! i { :p , ] ~ E N R y i Ia> E~ k oi .g 14: :;E , '?I ppl ' v IE L;.!i,.4d'e i=~~IElS~ilEliei: ~4 ( ~ 3 i . ! S ~~i!Estii' i:ilik!'i!"vte ~ ' :....,, {.!I'3=!i!'!=:_!==':Ii~='. s:!; :i4:, : .e::;d=k efe "It:a,=rd3 y~,yi ... =6I !: I I ~Ii i~) E~ EIE~~, r; i~'°!= a k~ ,1Piti i:::r;j I E' t~, : ;: ~~tf~.t.'~N i ~ . ~ ::!:!y'!i 9 i ! ~ { E3 ~ ,~ p i ' iIi!i h:==s .:, :.::. 3 iI t II E 3 { , :: i'i l) e:uia :~irry :31. m;;~;,33=.:¢~i.. ,I , E!~ rr E . ~ di! ~ ;.~ ` r I :..I F .=¢iiid~'~~3! !.;~,i.:.: :!, i:.s o. a.. ~: !tI li~ tl~ ( 4P .~ .. t I il ..~ i , _ ~ ~ .l: €:3rye ~! ,:ti~!~:3:~i3di:: c ~,.. .t; ,~,: ! ~. l.. E, i! ti 3 i p ~ L ' 4 3 ~ t` i ~ ~~ ! 11 i £~~ i ~ iy . I~ ~N ~' :~ ~~ i i I iE~4 3 i G"~~ b Ii ! N 3 , I L 3 E! IN ~'" ~i i' li~ Iy *3r 3 'i ~ ! ~! 4!!i @ iI L lI3 I eE E ~. i {' F 4! ,:'.t :~ ~ ~ I v l ._ ; .f i lG. ~II ipp !' 4n~! 4I R ~ , l, S~~itVb~ F. i ~ ~ E ~ E y i ~ RU. ira ! v Ydh <:~3 E . i. .:l~ ~ s:,:' ... ..._ 100. Rodenticides and Herbicides. The use of PL GRAD 221 rodenticides and herbicides within the project area shall be performed in cooperation with and under the supervision of the Alameda County Department of Agriculture and will be restricted, to the satisfaction of the Director of Community Development, to reduce potential impacts to w~ldhfe i:q i i ~ ' iE IE., ~ Ed 'tji,~iL. {,~ ! i i EEi !i! E..c1 7 !M~ ~' ! t Ii ~' ]~iE3 !' E Iiy. iI~3 1 It fr3E £ i E 3{(t '~ ~E:'; 101. Signage. All proposed signage for SPCA shall PL Ongoing comply with the provisions of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 23rd day of November 1999. AYES: NOES: ABSENT: ATTEST: Community Development Director g:\pa\99004\reso Planning Commission Chairperson 26 Tri-Valley SPCA CITY OF DUBLIN STANDARD PUBLIC WORKS CONDITIONS OF APPROVAL for Tri -Valley SPCA ApplicanUDeveloper and it's representatives (engineer, contractor, etc.) must meet and follow all the City of Dublin's requirements and policies, including the Urban Runoff Program and Water Efficient Landscaped Ordinance. GENERAL: I. Applicant/Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision Ordinance, the City of Dublin Public Works Policies, the City of Dublin Grading Ordinance and the approved Vesting Tentative Map. ApplicanUDeveloper shall obtain copies of and comply with conditions as noted on "City of Dublin General Notes on Improvement Plans" and "City of Dublin Improvement Plan Review Check List". I. An encroachment permit shall be secured from the Director of Public Works for any work done within the public right-of--way where the work is not covered under the public improvement plans. ApplicanUDeveloper shall obtain Caltrans' approval and permit for any work performed within a Caltrans right-of--way or that impacts their facilities. 3. ApplicanUDeveloper is responsible for the construction site and construction safety at all times. 4. Construction of the project shall be conducted so as to minimize the effect of the construction on the existing community and on the occupants of any new homes as they are completed, as required by the Environmental Impact Report. ApplicanUDeveloper shall submit a Construction Noise Management Program/Construction Impact Reduction Plan for review and approval by the Director of Public Works prior to issuance of grading permit. The following measures shall be taken to reduce construction impacts and shall be included in the Construction Noise Management Program/Construction Impact Reduction Plan: a) Offsite truck traffic shall be routed as directly as practical between the freeway (I- 580) and the job site, and as approved by the Director of Public Works. b) Applicant/Developer shall obtain an Oversized Load and/or Overweight Load Permit from the City as required by the Director of Public Works prior to hauling of any oversized and/or overweight loads on City streets. c) 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 offsite. Recycled or other non-potable water resources shall be used where feasible. d) Construction equipment shall not be left idling while not in use. page I rev. February 24, 1999 ATTACHMENT ~ a' Tri-Valley SPCA e) All construction equipment shall be fitted with noise muffling devises. f) Erosion control measures shall be implemented during wet weather to assure that sedimentation and erosion do not occur. g) Mud and dust that are carried onto street surfaces by construction vehicles shall be cleaned up on a daily basis. h) Excavation haul trucks shall use tarpaulins or other effective covers. i) Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. j) Houses will be constructed in phases so that most of the construction traffic can be routed into the subdivision without traveling in front of existing homes that aze occupied. k) During constnrction, non-residential facilities shall provide pedestrian access from public streets to building entrances as required by the Director of Public Works. 1) After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: 1. All 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 excessive amounts of dust. 3. Onsite vehicle speeds shall be limited to I S 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 Director of Public Works. 5. The Department of Public Works shall handle all dust complaints. The Director of Public Works may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the Director of Public Works. m) 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. Limiting lane closures and detours to off-peak travel periods. 4. Providing ride-share incentives for contractor and subcontractor personnel. n) Emissions control of onsite equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. o) During construction, noise control and construction traffic mitigation measures within residential neighborhoods and on public streets must be taken to reduce noise and use of public streets by construction traffic as directed by Public Works officials. 5. Applicant/Developer shall designate proposed haul routes, and shall repair damage to County roads used as haul routes, or damaged by construction activity. An agreement shall be made with the County, in the form of a letter, that is satisfactory to the County. A page 2 rev. February 24, 1999 Tri-Valley SPCA copy of the agreement shall be submitted to the City of Dublin. If determined to be necessary by the County, a permit shall be issued by the County which addresses the repair of any damaged portions of County roads, and/or contribution to future overlay projects. 6. Construction and grading operations shall be limited to weekdays, Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:00 p.m. The Director of Public Works may approve work on Saturday and hours beyond the above mentioned days and hours with the understanding that the developer is responsible for the additional cost of the Public Works inspectors' overtime. 7. Should any prehistoric or historic artifacts be exposed during excavation and construction operations, the Department of Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground-breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. 8. Applicant/ Developer shall ensure that stationary source emissions associated with project development are minimized and shall meet the following requirements: a) The houses shall be designed to meet or exceed the requirements of Title 24 of the California Code of Regulations (energy efficiency requirements). By meeting or exceeding these requirements, the houses will require less energy to heat and cool, thereby reducing the emissions created in the production of electric power and created by burning natural gas. b) The project will utilize curbside recycling, which will reduce the amount of solid wastes from the project which would be deposited at a landfill site, thereby minimizing the amount of nitrous oxide emissions from the landfill. c) During rough grading the construction site will be regularly watered to contain dust, and after construction the front yazds and street landscaping will be installed, thereby minimizing the amount of air pollution caused by airborne dust from the site. 9. Applicant/Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. The use of rodenticides and herbicides within the project area shall be performed in cooperation with and under the supervision of the Alameda County Department of Agriculture and will be restricted, to the satisfaction of the Director of Community Development, to reduce potential impacts to wildlife. 10. Within sixty (60) days prior to habitat modification, Applicant/Developer shall submit a biological survey of the project site (Preconstruction Survey). The Preconstruction Survey shall be prepared by a biologist that is approved and hired by the City prior to page 3 rev. February 24, 1999 Tri-Valley SPCA commencement of work. The survey shall examine whether any sensitive species exist on or adjacent to the site and if they exist, shall include protection plans for the species. Applicant/Developer shall be responsible for the cost of the survey and for City Staff review of the survey. ApplicanUDeveloper shall submit the survey a minimum of twenty- one (21) days prior to the anticipated habitat modification date so that the City will have adequate time for review of the survey. ApplicanUDeveloper shall be responsible for implementing recommendations of the Preconstruction Survey including any modifications to site design to protect sensitive species as a result of the survey. Determination of the significance of the discovery shall be determined by the Director of Community Development. Should any Kit Foxes be discovered on the site either during the Preconstruction Survey or during project construction, ApplicantDeveloper shall be responsible for complying with the Kit Fox Protection Plan. BONDS, SECURITIES & AGREEMENTS: 11. Developer shall provide Faithful Performance (100% of improvement costs), Labor and Material (50% of improvement costs) securities and a cash monumentation bond to guazantee the installation of project improvements, including streets, drainage, monumentation, grading, utilities and landscaping subject to approval by the Director of Public Works prior to approval of the Final or Pazcel Map and prior to issuance of any grading and/or improvement permits. 12. The approval of the Vesting Tentative Map shall be predicated upon and pursuant to the terms set forth in the Development Agreement to be approved by the City of Dublin. The Development Agreement shall include an infrastructure sequencing program and shall be recorded. The Vesting Tentative Map shall expire at the standard time of two and one half (2 1/2) years as set forth in the Dublin Municipal Code and in the regulations of Section 66452.6 of the Subdivision Map Act unless the Development Agreement is terminated at an earlier date. In the event of conflict between the terms of the Development Agreement and the Conditions of Approval contained herein, the terms of the Development Agreement shall prevail. 13. ApplicantDeveloper shall enter into an Improvement Agreement with the City for all project improvements prior to issuance of improvement permits. Complete improvement plans, specifications, and calculations shall be submitted to, and approved by, the Director of Public Works and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing onsite and offsite project improvements and proposed improvements along the adjacent public streets and property that relate to the proposed improvements. 14. If grading is commenced prior to filing the Final Map or Parcel Map, a surety or guazantee shall be filed with the City of Dublin. The surety shall be equal to the amount approved by the Director of Public Works as necessary to insure restoration of the site to astable and erosion-resistant state if the project is terminated prematurely. page 4 rev. February 24, 1999 Tri-Valley SPCA 15. Prior to acceptance of the project as complete and release of the Faithful Performance Bond or securities by the City: a) All improvements and landscaping shall be installed as per the approved Improvement Plans and Specifications. b) An as-built landscaping plan prepared by the Project Landscape Architect shall be submitted and a declaration by the Project Landscape Architect that all work was done under his/her supervision and in accordance with the recommendations contained in the landscape and soil erosion and sedimentation control plans shall be submitted to the Director of Public Works. c) Photo mylars and, if available, AutoCAD (or approved equal) electronic copies of the Improvement, Grading and Stonn Drain plans along with the Final or Parcel and Annexation Maps, if any, which are tied to the City's existing mapping coordinates including all as-built plans prepazed by a registered Civil Engineer shall be submitted to the City. d) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests shall be submitted to the City. e) A declaration by the Project Civil Engineer and Project Geologist/Soils Engineer that all work was done under their supervision and in accordance with the recommendations contained in the soil and geologic investigation reports and the approved plans and specifications and that the finished graded building pads are within f 0.1 feet in elevation of those shown on approved plans shall be submitted to the City. f) Copies of the Final Map and improvement plans, indicating all lots, streets, and drainage facilities within the project shall be submitted at 1" = 400' scale, and 1" _ 200' scale shall be submitted to the City for City mapping purposes. 16. Upon acceptance of the improvements and receipt of required submittals, the Faithful Performance bond or security may be replaced with a Maintenance bond that is equal to 25% of the value of the Performance security. The Maintenance bond is released one year after acceptance of the project and afer the repair of deficiencies, if any, are completed. 17. The Labor and Materials bond or security is released in accordance with the City's Subdivision Ordinance and the Subdivision Map Act and after acceptance of the improvements. 18. Applicant/Developer, and any parties or individuals granted rights-of--entry by ApplicanUDeveloper, 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, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City concerning a subdivision or page 5 rev. February 24, 1999 Tri-Valley SPCA other development which actions are brought within the time period provided for in Government Code Section 66499.37; provided, however, that the ApplicanUDeveloper's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full actions or proceedings. IMPROVEMENTS AND DEDICATIONS: 19. The Improvement Plans for this Vesting Tentative Map (including Improvement Plans, Grading Plans, and subdivision Final/Parcel Maps) shall be prepared, designed, and signed by a registered civil engineer to the satisfaction of the Director of Public Works in accordance with the Ordinances, standards, specifications, policies, and requirements of the City of Dublin using standard City title block and formats prior to issuance of building permits and prior to filing the Final Map/Parcel Map. Minimum lettering size on all plans submitted shall be 1/8 inch. After approval, original mylars or photo mylars with three sets of blue prints must be submitted to the City. 20. A current title report and copies of the recorded deeds of all parties having any recorded title interest in the project property and copies of the deeds and the Final Maps or Parcel Maps for adjoining properties and easements which are no more than 6 months old as of the date of submittal shall be submitted as deemed necessary by the Director of Public Works. 21. Dedication of land shall be made to the City of Dublin such that it conveys land sufficient for the approved streets' right of ways. 22. Layout and design of the project parking, striping, drive aisles, and sidewalks within the project shall be configured to maximize safety, circulation, convenience, and sight distance per the City of Dublin zoning ordinance, standard plans and details, and current policies as approved by the Director of Public Works. Final detailed layout and design of internal private and public streets and drive aisles must be approved by the ACFD and Director of Public Works. 23. All improvements along streets within the subdivision and as required offsite (including curb, gutter, sidewalks, driveways, paving, drainage, landscaping and utilities) must be constructed prior to occupancy of the first building in accordance with approved City standards and to the satisfaction of the Director of Public Works and only afrer the Subdivision Improvement Agreement has been approved and required bonds and fees have been delivered to the City. 24. The minimum uniform street gradient shall be 1 %. The structure design of the road shall be subject to approval of the Director of Public Works. Parking lots shall have a minimum gradient of 1 % and a maximum gradient of 5%. page 6 rev. February 24, 1999 Tri-Valley SPCA 25. Minimum sight distance for public streets, including intersection sight distance, shall meet the CALTRANS Highway Design Manual. 26. All public sidewalks must be within City right of way or in a pedestrian easement except as specifically approved by the Director of Public Works. 27. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. 28. Applicant/Developer shall acquire easements, and/or obtain rights-of--entry from the adjacent property owners for improvements (including grading, stockpiling and storing of equipment or material) required outside of the project. The easements and/or rights-of- entry shall be in writing and copies shall be furnished to the Director of Public Works prior to issuance of any grading permits. 29. The boundary of parcels and the exterior boundary of the project shall be survey monumented at completion of construction of project improvements. The centerline of City and private streets and new boundaries shall be survey monumented and set in accordance with the City of Dublin Standard Plans and to the satisfaction of the Director of Public Works. At least three (3) permanent benchmarks shall be established as shown on the applicable Specific Plan. Plats and elevation data shall be provided to the City in a form acceptable to the Director of Public Works. 30. Applicant/Developer shall be responsible for transitioning existing improvements to match proposed improvements required as Conditions of Approval for this Vesting Tentative Map. 31. Applicant/Developershah install all water, gas, sewer, underground electric power, cable television or telephone lines and storm drain facilities before any paving, curb, gutter or sidewalk is installed or as approved by the Director of Public Works. Utility stub connections to property boundazies shall be required unless waived in writing by the DirectorofPublic Works. 32. Applicant/Developershall show in the project construction documents the locations of all transformers, vaults and electrical boxes, double detector check valves, and joint trenches that will service the site with electricity, fire protection water system, telephone and CATV to the buildings to the satisfaction of the Director of Public Works. All new utilities and utility vaults shall be underground. All above ground boxes and transformers shall be screened by landscaping to the satisfaction of the Director of Community Development and the Director of Public Works. 33. Applicant/Developershah construct a site lighting system in accordance with the City of Dublin Zoning Ordinance and to the satisfaction of the Director of Public Works. The Developer shall submit a preliminary lighting plan showing the distribution of lights on the page 7 rev. February 24, 1999 Tri-Valley SPCA site, type and location of street and yard lights that shall be reviewed and approved to the satisfaction of the Director of Public Works prior to construction. 34. Applicant/Developersha1l construct all new fire hydrants in streets to City and Alameda County Fire Department standards. Applicant/Developer shall comply with applicable Alameda County Fire Department, Public Works Department, Dublin Police Service, Alameda County Flood Control District Zone 7 and Dublin San Roman Services District requirements. 35. Applicant/Developer shall submit a utilities service report and plan (including a composite base map showing the location, phasing and construction of all existing and proposed utilities) prior to issuance of grading permits and to the satisfaction of the Public Works Director and Community Development Director along with documentation that domestic fresh water, sanitary sewer, electricity, gas, telephone, and cable television service can be provided to each residence and building within the project by the applicable utility companies and shall indicate when such service will be available. 36. Applicant/Developer shall construct all utilities as may be deemed necessary to provide for the proper, clean, and safe functioning of utility services for each proposed residence/building within the project. All utility construction is subject to the requirements and specifications of the agency having jurisdiction over the respective utility facilities. 37. All utilities within the project and to each lot shall be underground in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public street right of ways and/or public service easements as directed by the Director of Public Works and shall be sized to meet utility company standards. 38. All transmission lines shall be constructed away from sensitive areas unless otherwise approved by the Director of Public Works. 39. Existing and proposed access and public utility easements shall be submitted for review and approval by the Director of Public Works prior to approval of the Final/Parcel Map. These easements shall allow for vehicular and utility service access. 40. A 10 foot public utility easement shall be shown to be dedicated on the Final/Parcel Map along all street frontages unless otherwise determined by the Director of Public Works, in addition to all other easements required by the utility companies or governmental agencies. 41. Applicant/Developer shall construct a recycled water line and contract with the Dublin San Ramon Services District (DSRSD) to provide water, wastewater, and and/or recycled water service connection points to the project, including all landscaped common areas prior to occupancy of affected units. The plans for these facilities shall be reviewed and approved by DSRSD and the City of Dublin Public Works Department. page 8 rev. February 24, 1999 Tri-Valley SPCA 42. The landscaped common areas of the project shall have laterals installed to the satisfaction of the Director of Public Works to enable future recycled water connection in addition to potable water connection prior to occupancy of any building. Recycled water lines shall be installed to serve landscaped areas. All landscaped aeeas shall be subject to the City's Water Efficient Landscape Regulations. 43. Applicant/Developer shall prepare a detailed drainage study of all proposed storm drain improvements of the project for review and approval by the Director of Public Works prior to issuance of grading permit. Final pipe sizes, slopes, depths, etc. shall be based upon final storm water design calculations by a licensed professional engineer in California. 44. For all storm drains located outside of the public right of way, a "Storm Drain Easement" or "Private Storm Drain Easement" shall be dedicated on the Final Map, to the satisfaction of the Director of Public Works. 45. Applicant/Developer shall provide an access road and turn-around and maintenance easement for access to all storm drainage detention facilities and trash racks. 46. Applicant/Developer shall demonstrate to the satisfaction of the Director of Public Works that all mitigation measures that are necessary as a result of drainage impacts of this project will be constructed to the satisfaction to of the Director of Public Works prior to occupancy of any building. 47. Where possible, roof drains shall empty onto an approved dissipating device and then over lawn or other planted areas to street or approved drainage facility. Concentrated flows will not be allowed to drain across sidewalk areas. 48. An 18" minimum diameter reinforced concrete pipe (RCP) shall be used for all public storm drain main lines and 12" minimum diameter RCP shall be used for laterals connecting inlets to main drain line. 49. Storm drainage facilities for a drainage area less than 1 square mile shall be designed to meet the capacity of a 15 year storm; storm drainage facilities for a drainage area of between 1 square mile and 5 square miles shall be designed to meet the capacity of a 25 year storm; and storm drainage facilities for a drainage area greater than 5 square miles shall be designed to meet the capacity of a 100 year storm. 50. All streets shall be designed so that the I S-year storm is contained within the gutter and shoulder area. In addition arterial streets shall have one lane of traffic in both directions of travel above the 100-year storm level. 51. No buildings or other structures shall be constructed within a storm drain easement. page 9 rev. February 24, 1999 Tri-Valley SPCA 52. All concentrated storm drain flow shall be carried in concrete curb and gutter, concrete valley gutters or storm drain pipe and shall discharge into an approved drainage facility, not onto slopes. 53. Applicant/Developer shall comply with Alameda County Flood Control District requirements. If there is a conflict between City and County Flood Control requirements the Director of Public Works shall determine which requirements shall apply. 54. A detailed fencing/wall plan shall be submitted with the improvement plans for the first phase of development. The design, height, and location of the fences/walls shall be subject to approval of the Community Development Director and Director of Public Works. Wall sections shall not be butted together but separated by pilasters unless otherwise approved by the Director of Public Works. 55. Where finish grade of this property is in excess of twenty-four (24) inches higher or lower than the abutting property or adjacent lots within the subdivision, a concrete or masonry block retaining wall or other suitable solution acceptable to the Director of Public Works shall be required and any fence or wall height shall be measured from the top of grade on the higher side of the retaining wall or slope. 56. All wall or fence heights shall be a minimum 6 feet high (except in those locations where Section 8.72.080 of the Zoning Ordinance requires lower fence heights or where an 8-foot sound attenuation wall is required). All walls and fences shall be designed to ensure clear vision at all street intersections to the satisfaction of the Director of Public Works. 57. A registered civil or structural engineer shall design all retaining walls over three feet in height (or over two feet in height with a surcharge) and a building permit shall be required for their construction. A maintenance and inspection program shall be implemented by the Applicant/Developer or by the homeowners association for the periodic inspection and maintenance of all retaining walls that could possibly affect the public right of way. 58. Fencing placed at the top of banks/slopes shall be provided with a minimum one-foot level area on both sides in order to facilitate maintenance by the property owners. GRADING AND DRAINAGE: 59. The grading plan designs for this Vesting Tentative map shall be designed in conformance with the approved Vesting Tentative Map and shall be based on an approved soils reports. The soils report for the project shall include recommendations 1) for foundations, decks and other miscellaneous structures, 2) for design of swimming pools, and 3) for setbacks for structures from top and toes of slopes. Additionally, the soils report shall include a professional opinion as to safety of the site from the hazards of land slippage, erosion, settlement and seismic activity. Both the project civil engineer and the project soils engineer must sign the grading plans. In case of conflict between the soil page 10 rev. February 24, 1999 Tri-Valley SPCA engineer's recommendations and City ordinances, the Director of Public Works shall determine which shall apply. b0. The soils engineer or his technical representative must be present at the project site at all times during grading operations. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted and approved by the Director of Public Works. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement, and seismic activity. 61. Applicant/Developer shall prepare a Geotechnical Investigation Report covering the project site for review and approval by the City prior to issuance of grading permit, and (as a minimum) shall design the grading plan based on the recommendations outlined in said report, and as required by the City's Grading Ordinance. 62. Prior to any grading of the site and filing of the Final/Parcel Map, a detailed construction grading/erosion control plan (including phasing) and a drainage, water quality, and erosion and sedimentation control plan for the post-construction period shall be prepared by the Project Civil Engineer and/or Engineering Geologist and shall be approved by the Director of Public Works. Said plans shall include detailed design, location, and maintenance criteria, of all erosion and sediment control measures. The plans shall provide, to the maximum extent practicable, that no increase in sediment or pollutants from the site will occur. The post-construction plan shall provide for long-term maintenance of all permanent erosion and sediment control measures such as slope vegetation. The construction grading/erosion control plan shall be implemented and in place by October 15th and shall be maintained in place until April 15th unless otherwise allowed in writing by the Director of Public Works. It shall be the Applicant/Developer's responsibility to maintain the erosion and sediment control measures for the year following acceptance of the subdivision improvements by the City Council. 63. Grading plans shall indicate the quantity of soil that must be imported or off-hauled. If soil must be imported or off-hauled, Applicant/Developer shall submit details as to how it will be done and routes of travel for the Director of Public Work's approval. 64. All unsuitable material found at the site shall be removed from the site or stockpiled for later use in landscape areas. 65. In the 100-year Flood Hazard Zone, all residential units shall have their finished floor elevation a minimum of one foot (1') above the 100-year flood level. Commercial buildings shall either provide flood-proofing, or have their finished elevation above the 100-year flood level. Applicant/Developer shall prove to the City that the proposed building pads are a minimum of 1 foot above a 100-year storm event prior to issuance of grading permits. page 11 rev. February 24, 1999 Tri-Valley SPCA 66. Applicant/Developer shall grade all lots to drain to the front of the public streets or private streets according to City of Dublin Grading Ordinance and Standard Conditions of Approval. If needed, Applicant/Developer shall construct retaining walls along the rear yard lot lines and/or side yard lot lines so that each lot will drain directly to its respective front street. All grading plans shall be reviewed and approved by the Director of Public Works prior to issuance of grading permits. 67. Applicant/Developer shall not change the overall drainage patterns of the existing topography by the grading construction of this project. 68. Each lot shall be graded so as not to drain on any other lot or adjoining property prior to being deposited to an approved drainage system or adjacent landowner shall grant a drainage easement. 69. No cut and fill slopes shall exceed 2:1 unless recommended by the project Soils Engineer and approved by the Director of Public Works. Slopes shall be graded so that there is both horizontal and vertical slope variation where visible from public areas and the top and bottom of slopes shall be rounded in order to create or maintain a natural appearance. TRAFFIC AND CIRCULATION: 70. Applicant/Developer shall submit a Line and Striping Plan to the Director of Public Works for review and approval prior to issuance of building permits. The plan shall show include interim lane and access configurations and transitions, as approved by the Director of Public Works. 71. Applicant/Developer shall consult with the Livermore-Amador Valley Transit Authority (LAVTA) on the bus route and location and size of proposed bus stops and shelters within and on the periphery of the proposed project. The location and configuration of all bus stops and shelters shall be constructed by ApplicantrDeveloper under the direction of the City's Director of Public Works prior to occupancy of any building. 72. Applicant/Developer shall be responsible for payment of traffic impact fees (TIFs) adopted by the City Council at the time of issuance of building permits including, but not limited to, the Eastern Dublin TIF, Interchange TIF (reimbursements to the City of Pleasanton for freeway interchanges), and Regional (Tri-Valley) TIF. ApplicantrDeveloper shall receive TIF credit for constructing any other Eastern Dublin Traffic Impact Improvements in their ultimate locations. 73. All construction traffic and parking may be subject to specific requirements, as determined by the Director of Public Works, in order to minimize construction interference with regional non-project traffic movement. Construction traffic routing shall be approved by the Director of Public Works prior to issuance of grading permit. page 12 rev. February 24, 1999 Tri-Valley SPCA 74. Traffic safety signs and "red-curbing" shall be provided in accordance with the standazds of the City of Dublin subject to plan approval by the Director of Public Works. 75. A street sign/naming plan for the internal street system shall be submitted and shall be subject to approval of the Community Development Director. No single street may intersect any other street more than once. No continuous street may change direction by 90 degrees more than once without change of street name for subsequent changes in direction. Street name signs shall display the name of the street together with a City standazd shamrock logo. Posts shall be galvanized steel pipe. NPDES(GENERAL): 76. For projects disturbing five (5) acres or more, ApplicanUDeveloper shall submit a Storm Water Pollution Prevention Plan (SWPPP) for review and approval by the City prior to the issuance of any building or grading permits. The SWPPP shall be implemented by the general contractor and all subcontractors and suppliers of material and equipment. Construction site cleanup and control of construction debris shall also be addressed in the SWPPP. ApplicanUDeveloper is responsible for complying with the SWPPP. Failure to do so will result in the issuance of correction notices, citations or a project stop work order. A copy of the SWPPP shall be kept at the construction site at all times. Fueling and maintenance of vehicles shall be done offsite unless an approved fueling and maintenance area has been approved as part of the SWPPP. 77. For projects disturbing less than five (5) acres, an erosion control plan shall be submitted with the grading plan. 78. Prior to the commencement of any clearing, grading or excavation resulting in a land disturbance greater than five acres, the developer shall provide evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board. 79. Construction access routes shall be limited to those approved by the Director of Public Works and shall be shown on the approved grading plan. 80. ApplicanUDeveloper shall gather all construction debris daily and place it in a covered dumpster or other container which is emptied or removed on a weekly basis. A secondary containment berm shall be constructed around the dumpster. When appropriate, tarps shall be used on the ground to collect fallen debris or splatters that could contribute to storm water pollution. 81. All debris from the sidewalk, street pavement and storm drain system adjoining the project site shall be removed by ApplicanUDeveloper on a daily basis or as required by the City inspector. During wet weather, avoid driving vehicles off paved areas. page 13 rev. February 24, 1999 Tri-Valley SPCA 82. Applicant/Develop shall broom-sweep the sidewalk and public street pavement adjoining the project site on a daily basis. Caked-on mud or dirt shall be scraped from these areas before sweeping. 83. Applicant/Developer shall install filter materials (e.g. gravel filters, filter fabric, etc.) at all onsite storm drain inlets and existing inlets in the vicinity of the project site prior to: a) Start of the rainy season (October 15) b) Site de-watering activities, c) Street washing activities, d) Saw cutting asphalt or concrete Filter materials shall be cleaned or replaced as necessary to maintain effectiveness and prevent street flooding. Dispose of filter particles in an appropriate manner. 84. Applicant/Developer shall maintain a contained and covered azea on the site for the storage of bags of cement, paints, flammable, oils, fertilizers, pesticides or any other materials used at the project site that have the potential for being discharged to the storm drain system. Machinery, tools, brushes, containers, etc. shall not be cleaned and rinsed into a street, gutter, storm drain or stream. See the "Building Maintenance/Remodeling" flyer for more information. 85. Concrete/gunite supply trucks or concrete/plasters or similar finishing operations shall not dischazge wash water into street gutters or drains. 86. Applicant/Developer shall minimize the removal of natural vegetation or groundcover from the site in order to reduce the potential for erosion and sedimentation problems. All cut and fill slopes shall be stabilized as soon as possible after completion of grading. No site grading shall occur between October 15 and April 15 unless a detailed erosion control plan is reviewed by the Director of Public Works and implemented by the contractor. 87. The project improvement plans shall include storm water pollution prevention measures for the operation and maintenance of the project and shall be reviewed and approved by the Director of Public Works. The project plan shall identify Best Management Practices (BMPs) appropriate to the uses conducted onsite to effectively prohibit the entry of pollutants into storm water runoff The project plan shall also include erosion control measures to prevent soil, dirt and debris from entering the storm drain system, in accordance with the practices outlined in the ABAG Erosion and Sediment Control Handbool~ California Storm Water Best Management Practice Handbooks, State Construction Best Management Practices Handbook and Regional Water quality Control Board's Erosion and Sediment Control Field Manual. 88. Applicant/Developer is responsible for ensuring that all contractors are awaze of, and implement, all storm water pollution prevention measures. Failure to comply with the page 14 rev. February 24, 1999 Tri-Valley SPCA approved construction BMPs will result in the issuance of correction notices, citations and/or a project stop order. 89. All landscaping shall be properly maintained and shall be designed with efficient irrigation practices to reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides which contribute to runoff pollution. Where feasible, landscaping should be designed and operated to treat stormwater runoff. When and where possible, xeriscape and drought tolerant plants shall be incorporated into new development plans. 90. All on-site storm drain inlets must be labeled "No Dumping-Drains to Bay" using a method approved by the Department of Public Works. 91. All onsite storm drains must be cleaned at least twice a year; once immediately prior to the rainy season (October 15) and once in January. Additional cleaning may be required as deemed necessary by the Director of Public Works. NPDES (COMMERCIAL/INDUSTRIAL DEVELOPMENTI: 92. All washing and/or steam cleaning must be done at an appropriately equipped facility which drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge of soaps or other pollutants to the storm drain system. Wash waters should discharge to the sanitary sewer. Sanitary sewer connections are subject to the review, approval, and the conditions of the Dublin-San Ramon Services District (DSRSD). 93. All loading dock areas must be designed to minimize "run-on" to or runoff from the area. Accumulated waste water that may contribute to the pollution of storm water must be drained to the sanitary sewer, or filtered for ultimate discharge to the storm drain system. BMPs should be implemented to prevent potential storm water pollution. Applicant/Developer shall implement appropriate BMPs such as, but not limited to, a regular program of sweeping, litter control and spill clean-up. 94. All metal roofs and roof-mounted equipment (including galvanized), shall be coated with a rust-inhibitive paint. 95. Trash enclosures and/or recycling area(s) must be completely covered; no other area shall drain onto this area. Drains in any wash or process area shall not discharge to the storm drain system. Drains should connect to the sanitary sewer. Sanitary sewer connections are subject to the review, approval, and conditions of the DSRSD. 96. All paved outdoor storage areas must be designed to eliminate the potential for runoff to carry pollutants to the storm drain system. Bulk materials stored outdoors may need to be covered and contained as required by the Director of Public Works. page I S rev. February 24, 1999 Tri-Valley SPCA 97. Sidewalks and parking lots must be swept weekly, at a minimum, to prevent the accumulation of litter and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is used, wash water shall not discharge to the storm drains; wash waters should be collected and discharged to the sanitary sewer. Discharges to the sanitary sewer are subject to the review, approval and conditions of the DSRSD. 98. A structural control, such as an oil/water separator, sand filter, or approved equal, may be required to be installed, onsite, to intercept and pre-treat storm water prior to discharging to the storm drain system. The design, location, and a maintenance schedule must be submitted to the Director of Public Works for review and approval prior to the issuance of any building permits. 99. Restaurants must be designed with contained areas for cleaning mats, equipment and containers. This wash area must be covered or designed to prevent "run-on" to, or runoff from, the area. The area shall not discharge to the storm drains; wash waters should drain to the sanitary sewer, or collected for ultimate disposal to the sanitary sewer. Employees must be instructed and signs posted indicating that all washing activities shall be conducted in this area. Sanitary sewer connections are subject to the review, approval, and conditions of the DSRSD. 100. Commercial car washes shall be designed so that no wash water shall discharge to the storm drain systems. Wash waters should discharge to the sanitary sewer. Sanitary sewer connections are subject to the review, approval, and conditions of the DSRSD. 101. Vehicle/equipment washers shall be designed so that no vehicle or equipment washing activity associated with this facility shall discharge to the storm drain system. Wash areas should be limited to areas that drain to the sanitary sewer collection system, or the wash water collected for ultimate disposal to the sanitary sewer. This wash area must be covered and designed to prevent "run-on" to, and runoff from, the area. A sign must be posted indicating the designated wash area. Sanitary connections are subject to the review, approval and conditions of the DSRSD. 102. Fuel dispensing areas must be paved with concrete extending a minimum of 8'-0" from the face of the fuel dispenser and a minimum of 4'-0" from the nose of the pump island. Fuel dispensing areas must be degraded and constructed to prevent "run-on" to, or runoff from, the area. Fuel dispensing facilities must have canopies; canopy roof downspouts must be routed to prevent drainage flow through the fuel dispensing area. The facility must have a spill cleanup plan. The fuel dispensing area must be dry swept routinely. Dispensing equipment must be inspected routinely for proper functioning and leak prevention. The fuel dispensing area must be covered, and the cover's minimum dimensions must be equal to or greater than the area within the grade break or fuel dispensing area, as defined above. The cover must not drain onto the fuel dispensing area. page 16 rev. February 24, 1999 Tri-Valley SPCA 103. Fuel dispensing areas must be paved with portland cement concrete (or, equivalent smooth impervious surface), with a 2% to 4% slope to prevent ponding, and must be separated from the rest of the site by a grade break that prevents run-on of storm water to the extent practicable. The fuel dispensing area is defined as extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of 1 foot, whichever is less. 104. Most washing and/or steam cleaning must be done at an appropriately equipped facility that drains to the sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is no discharge of soaps or other pollutants to the storm drain. Sanitary sewer connections are subject to the review, approval, and conditions of the sanitary district with jurisdiction for receiving the dischazge. These requirements shall be required for automotive related businesses. 105. All loading dock areas must be designed to minimize "run-on" or runoff from the area. Accumulated waste water that may contribute to the pollution of stormwater must be drained to the sanitary sewer, or diverted and collected for ultimate discharge to the sanitary sewer, or intercepted and pretreated prior to discharge to the storm drain system. The property owner shall ensure that BMPs are implemented to prevent potential stormwater pollution. These BMPs shall include, but are not limited to, a regulaz program of sweeping, litter control and spill clean-up. 106. The design, location, maintenance requirements, and maintenance schedule for any stormwater quality treatment structural controls shall be submitted to the City or County Engineer for review and approval prior to the issuance of a building permit. NPDES (RESIDENTIAL DEVELOPMENT/CONSTRUCTION): 107. A homeowners association shall be created and shall be responsible for maintaining all private streets and private utilities and other privately owned common areas and facilities on the site including landscaping. These maintenance responsibilities shall include implementing and maintaining stormwater BMPs associated with improvements and landscaping. CC&R's creating the homeowners association shall be reviewed and approved by the City or County Attorney prior to the recordation of the Final/Parcel Map and recorded prior to the sale of the first residential unit. The CC&R's shall describe how the stormwater BMPs associated with privately owned improvements and landscaping shall be maintained by the association. page 17 rev. 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A. .R ~. ~ ~ ~ .5 ~ ~ F~ .a z ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r ~ "k ' ~m .~ i ~ ~ i s ~ v. V '~. ~ ~ ~~ ~~ i ~ ~ i ~ ~W ~ i i '~ :T i W K ~ i \~ ,~ y~e ~ ~ .. '~0 .~ ~ n¢ae~c * ~ ~m~ .~u3e ~ i ~ y~ ~ d~~~y~ 4 ~ ) ~~ r m p {~ % ~ ~ /~ . 4 J `X ~ ~ it ~~ 8 ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~~ ~ ~iQ~ ~ ~ ~ , ~ ~ ~~ ~ ~ ~ ~ ~ _:~~~~ R /~~ ~ 'mom .; R s _- ~ ~ 1 myv ~ `- ~ rt ~ ~ ~~~ -- ~~ 1w bi~'a ~ ~ ~gF d^ - '^~ ~_ _ J ~ ~ ~ ~ ~ ~I ~~ V- ~ ~ ~ ~; ~ ` 1 .~~, o~ ~ { L.~. T.--~- - , ~ ~_ - 1; ~. ~. 1 ~ ~ ~ ; , ___ - ~ . - - 1 7- ~ a _ d s N ~'- .~~ R ~ ~ .~ p .. p ~~- ~. ; r ~ m z j ~ ~A f ~'~ N ~ . - R _ t ~ ~ ~ ~ ~_ . _ ~ _ J -_ - `~ _ 9' b ti =tom N 3-'d-~~ 8 ~-= 4 - ~ ; - :, ~ ~ , ~,: ~~ , ~ --~ ,. ~ M -- R + ~ -- ~ k_ G -. _ R R ~ Affi ~~ A R ~~ .r ~. i f ° ~ ~ a RESOLUTION NO. 99- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A DEVELOPMENT AGREEMENT FOR PA 99-004 TRI-VALLEY SPCA WHEREAS, The Oakland SPCA has requested approval of a Development Agreement for a new Tri- Valley SPCA Facility on 2.37 + acres at the northwest corner of Gleason Drive and Bamet Boulevard in the Eastern Dublin Specific Plan area; and WHEREAS, a Development Agreement is required as an implementing measure of the Eastern Dublin Specific Plan; and WHEREAS, This project is within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program EIR was certified (SCH 91103064). A Negative Declaration has been prepared for the project because the project will not have environmental effects which were not examined in the Program EIR. No new effects will occur and therefore no revisions to the Program EIR are required. That Negative Declaration together with the Program EIR adequately describes the total project for the purposes of CEQA; and WHEREAS, the Planning Commission did hold a public hearing on said application on November 23, 1999; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council approve the Development Agreement; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW THEREFORE BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Development Agreement: 1. Said Agreement is consistent with the objectives, policies, general land uses and programs specified in the City of Dublin General Plan and the Eastern Dublin Specific Plan in that, a) the General Plan and Eastern Dublin Specific Plan land use designation for the subject site is Public/Semi-Public and that the Tri- Valley SPCA project is consistent with that designation; b) the project is consistent with the fiscal policies in relation to provision of infrastructure and public services of the City's General Plan and Eastern Dublin Specific Plan; c) the Agreement sets forth the rules the Developer and City will be governed by during the development process which is required by the Eastern Dublin Specific Plan; and the Mitigation Monitoring Program of the Eastern Dublin Specific Plan. ATTACHMENT3 2. Said Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located in that the project approvals include a Conditional Use Permit. 3. Said Agreement is in conformity with public convenience, general welfare and good land use practice in that the Tri-Valley SPCA Project will implement land use guidelines set forth in the Eastern Dublin Specific Plan and City of Dublin General Plan which have planned for public and semi-public uses at this location. 4. Said Agreement will not be detrimental to the health, safety and general welfare in that the development will proceed in accordance with the Agreement and any Conditions of Approval for the Project; and 5. Said Agreement will not adversely affect the orderly development of the property or the preservation of property values in that the development will be consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the Development Agreement between the Oakland SPCA and the City of Dublin (Attachment 4) for PA 99-004, Tri-Valley SPCA Project. PASSED, APPROVED AND ADOPTED this 23rd day of November, 1999. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director G:\PA99-004\pcdares City of Dublin When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Space above this line for Recorder's Use DEVELOPMENT' AGREEMENT BETWEEN THE CITY OP DUBLIN OAKLAND SOCIETY FOR THE PREVENTION' OF CRUELTY TO ANIMAIS.OP A.LAMEDA COUNTY FOR THE SPCA PROJECT A~Ti'ACIIT ~4- TABLE OF CONTENTS 1. Descr,~ption off' Pro, n ne .................................. 2 2. Interest of Deveio~er .: : ............ . .. .................... 3 3. Relationship of~Ci ~ and DeveloFer ............ . .............. 3 4. Effective Date and Term, ,,,,,,,,,,,,,,,,,,,, ....... 3 4.1 festive Date . ..................................... 3 4.2 Term ............................................. 3 5. Use of the Frop~ .......... . ........................... 3 5.1 I,~~ht. to Develop ......................... ..... 3 ..... 5.2 Permitted Uses ..................... , _ .. , , 3 .......... 5.3 Additional Conditions ............................... 4 6.A~ l~icable Rules Regulations and Official Policies .............. 5 6.1 Rules re Perlrutt Uses ................ . ............. 5 6.2 R les re D i an ons tion .............. . . . .... . $ 6.3 Uniform Codes ARp icable ............................ 5 7. Subsequently Enacted,Rules and Regulations ............ . ..... S 7.1 New Rules and Ite ations ........................... 5 7.2 Approval of Ap.Flication .............................. 6 7,3 Moratorium Not A~-~licable .. . ........................ 6 8. Su equently Enacted o r Revised Fees Assessrn~s and TaXPS ..... 6 8. t Fees. Exactions. D edications ......................... 6 8.2 Revised Applicati . on Fees ...................... 6 8.3 New Taxes ..... ....... ................................... 6 8.4 Assessments .... ................................... 7 8.5 Vote on Putute essmen d Fee ...... . ............ 7 9. Ammendment. or Cancellation ... - . - - .. ~ 9.1 Modifi tion B of 'ct with State or ederal s 7 9.2 Amendment by Mutual, one t .......... . ............ 7 9.3 _Insubstantial Amen ents . .......................... 7 i Dublin/Alameda Development Agreement Table of Contents - Page i of iii for the SPCA Project 1Vovcmber I5, 1999 9.4 Amendment of Proiect A~rovals ...... , _ , , .. b 9.5 ancellat.ion Mut Cons nt ............. . . 10. Teen , of Project Ap~~y~lQ . . ............................... 8 11. Anmial Review ............................... g 11.1 Review Date ................. ... ................... 8 ........ 11.2 Initiation of Review .............. ... , ......... g ...... 11.3 Staff Reoorts ........ . ........................... 9 11.4 Costs ............................................ 9 12. DeDe^fault ............ . ........ 9 ........................... 12.1 O er Remedies Available ............................ 9 12.2 No .ice and re ............... ... q .................. 12.3 No Damages Against TTY ...... ......... g 13. Estop Certificate .................. .................... 9 14. Mortgagee Protection: .P ai Rights of Cure ......... . 14.1 Mort a ee Prot 'on ... . . ............ . ............ 10 14.2 Mort a ee Not O ated .......................... . 10 14,3 Notice of Default to Mgrtgag~ anted ):xcension of Ri~h~to Curel O 15. S ili ........................................... 11 16. Attorney' Fees and Cost .............................. .. 11 17. Tamers and Assignmerits ... . .............. . ............. 11 17.1 Right to Assign .................................... 11 17.2 leaselJ on Tr .............................. 12 17.3 Developer's t to Retain Specified Rights or bligations 12 17.4 Permitted Transfer, Purchase or Assignment ............. 12 18. Agreement Runs with the Iand ............................ 12 19. ~nkru_ptcY ............................................ 13 20. Indemnification ......................................... 13 117xblin/Alameda Development Agreement Table of Contents -Page ii of iii for the SPCA Project November 15, 1999 2I. Insurance ............................................. I3 21.1 Public Liabilit ro en D zzla ~e Insurance ... , ...... 13 21.2 Workers o nsati Insurance ..................... 14 21.3 Evidence of lnsttrance .................. . . .......... 14 22. Sewer and Water ....................................... 14 23. No'ces ............................................... 14 24. AgSg~mentisEntireUndersta ding ,,,,,,,,,,,,,,,,,,,,,,,,, 15 25. 'bits .............................................. 15 26. Counterparts .......................................... 15 27. Recordation ......... ............................... 15 DublittlAlameda Development Agreement Table of Contents - Page iii of iii for the Sk'C:A Yrojea November 15, 1999 THIS DE'VELOPNIEN'I' AGREEMEN'T' is made and entered in the City of Dublin on this _ day of _, 1999, by and between the CITY OF DUI~LIN, a Municipal Corporation (hereafter "City"), and OAKLAND SOCIIrTY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF ALAMEDA COUNTY, a California public benefit corporation {hereafter "Developer"), pursuant to the authority of §§65864 et seq. of the California Government Code and Dublin Municipal Code, Chapter 8.56. RECITALS A. California Government Code §§65864 et seq. and Chapter 8.56 of the Dublin Municipal Code (hereafter "Chapter 8.56") authorize the CITY to enter into an Agreement for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and 13. The City Council adopted the Eastern Dublin Specific Plan by Resolution No. 53-93 which Plan is applicable to the Property; and C. The Eastern Dublin Specific Plan requires DEVELOPER to enter into a development agreement; and D. DEVELOPER desires to develop and holds legal interest in certain real property consisting of appro~dmately 2.37 acres of land, located in the City of Dublin, County of Alameda, State of California, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference, and which real property is hereaRer called the "Property"; and E. DEVELOPER proposes the development of the Property with an approximate 22,400 square foot facility for the treatment o£ animals (the "Project"); and F. DEVELOPER has applied for, and CITY has approved or is processing, various land use approvals in connection with the development of the Project, including a Conditional Use Permit and Site.Developntent Review (Plaruling Commission Resolution No. ) (collectively, together with any approvals or permits now or hereafter issued with respect to the Project, the "Project Approvals"); and Dublin/Alameda Development Agreement Page 1 of 16 for the SPCA Project November 15, 1999 G. Development of the Property by DEVELOPEK may be subject to certain future discretionary approvals, 'which, if granted, shall automatically become part oE't.he Project Approvals as each such approval becomes effective; and H. CITY desires the timely, efficient, orderly and proper development of said Project; and T. The City Council has found that, among other things, this Development Agreement is consistent with its General. Plan and the Eastern Dublin Specific Plan and has been reviewed and evaluated in accordance with Chapter 8.56; and J. CITY and DEVELOPER have reached agreement and desire to express herein a Development Agreement that will facilitate development of the Project subject to conditions set fonh herein;'and 1C Pursuant to the California Environmental Quality Act (CEQA) the Planning Commission adopted Resolution No: ,Ending that the Project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan .Amendment and Specific Plan (SCH 91103064) which was certified by the Council by Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994 (the "EIR") and the Mitigated Negative Declaration for the Eastern Dublin Specific Plan Amendment and General Plan Amendment (SCH 96092092) and adapted a Negative Declaration for the Project; and L. On _, 1999, the City Council of the City of Dublin adopted Ordinance No. _-99 approving this Development Agreement. The ordinance took effect on ~, 1999. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, CITY and DEVELOPER agree as follows: AGREEMENT Description of Proper~v. The Property which is the subject of this Development Agreement is described in Exh' it A attached hereto ("Properly"). Dublin/Alameda Development Agreement Page 2 of 16 for the SPCA Project November 15, 1999 ~/ 2. Inter st of Developer. The DEVELOPER has a legal or equitable interest in the Property Alameda County, in that it has a 99-year lease of the Property from the Surplus Property Authority, the Owner of the fee 3. R~lationshi of~City and ~p~. It is understood that this ~reement is a contract that has been negotiated and voluntarily entered into by C1T~C and DEVELOPER and that the DEVELOPER is not an agent of C1TY. The Cl'TY and 1EVELOPER hereby renotmce the existence of any form of joint venture or partnership between them, and agree that nothing contained herein or in arty document executed in connection herewith shall be construed as making the CI'I'X and DEVELOPER joint venturers or partners. 4. Effective Date and Term_ 4.1 Effective Date. The effective date of this Agreement shall be the date upon which this Agreement is signed by City. 4.2 Ternn. The terra of this Development Agreement shall commence nn the effective date and extend five (5) years thereafter, unless said term is otherwise terminated or modified by cxrctunscances set forth in this Agreement. 5. Use of the Prp~erty. 5.1 Rieht. to,D e~o,~. Developer shall have the vested right to develop the Project on the Property in accordance with the terms and conditions of this Agreement, the Project Approvals (as and when issued), and any amendments to any of them as shall, from time to time, be approved pursuant co this Agreement. 5.2 Pernlitt.ed Uses: The permitted uses of the Property, the density and intensity of use, the maximum height, bulk and size of proposed buildings, provisions for reservation or dedication of land for public purposes and location and maintenance of on-site and off-site improvements, location of public utilities (operated by Cl'IY) and other terms and Conditions of development applicable to the Property, shall be those set forth in this Agreement, the Project Approvals and any amendments to this Agreement or the Project Approvals. Ihrblin/Alameda Development Agreement Page 3 of 1 b for the SPCA Project November 15, 1999 .~ 5.3 Additional Conditions. Provisions for the following ("Additional Conditions") are set forth in it 13 attached hereto and incorporated herein by reference. 5.3.1 Subsequent Discretionary Approvals. Conditions, terms, restrictions, and requiremenu for subsequent discretionary actions. (These conditions do not affect Developer's responsibility to obtain all other land use approvals required by the ordinances of the City of Dublin.) Not Applicable 5.3.2 Miti it Conditi ns. Additional or modified conditions agreed upon by the parties in order to eliminate or mitigate adverse environmental impacts of the Project or otherwise relating to development of the Project. See Exhibit E 5.3.3 Phasing. Timing. Provisions that the Project be constructed in specified .phases, that construction shall commence within a specified time, and that the Project or any phase thereof be completed within a specified time. See Exhibit B 5.3.4 ~inaneing Plan. Financial plans which identify necessary capital improvements such as streets and utilities and sources of funding. See Exhibit B 5.3.5 F Dedicati .Terms relating to payment of fees or dedication of property. See Exhibit B 5.3.6 bursement. Terms relating to subsequent reimbursement overtime for financing of necessary public facilities. Not Applicable 5.3.7 Miscellaneous. Miscellaneous terms. Not Applicable DublinJAlameda Development Agreement Page 4 of 16 for the SPCA. Pmject November 15, 1999 "/ 6. Ap~cable Rules, lt~,gtilations and Official Polite. 6.1 Riles re Permi ses. For the term of this Agreement, the City's ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and siu of proposed buildings shall be those in force and effect on the effective date of this Agreement. 6.2 Rules re Design and Construction. Unless otherwise expressly provided in Paragraph 5 of this Agreetnent, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standazds and specifications applicable to the Project shall be those in force and effect at the time of the applicable discretionary Project Approval. Ordinances, resolutions, Hiles, regulations and official policies governing design, improvement and rnnstnrction standards and specifications applicable to public improvements to be constructed by Developer shall be those in force and effect at the time of the applicable permit approval. 6.3 Uniform Codes A~licable. Unless expressly provided in Pazagraph 5 of this Agreement, the Project shall be constructed in accordance with the provisions of the Uniform Building,. Mechanical, plumbing, Electrical and Fire Codes and Title 24 0£ the California Code of Regulations, relating to Building Standards, in effect at the time of approval of the appropriate building, grading, or other construction permits for the Project. 7. Subsequentl~naaed Rules and Regulations, 7.1 New Rules. and Re ations. During the term of this Agreement, the City may apply new or nodifed ordinances, resolutions, rules, regulations and official policies of the City to the Properly which were not in force and effect on the effective date of this Agreement and which are not in conflict with those applicable to the Property as set forth in this Agreement if: (a) the application of such new or modified ordinances, resolutions, rules, regulations or official policies would not prevent, impose a substantial financial burden vzt, yr materially delay development of the Property as contemplated by this Agreement and the Project Approvals and (b) if such ordinances, resolutions, rules, reguations or offidal policies have general applicability. lhxblin/Alameda Development Agreement Page 5 of 16 for the SPCA Project November 15, 1999 ~~ 7.2 Aporoval of A_pnlication. Nothing in this Agreement shall prevent the CITY from denying or conditionally approving any subsequent land use permit or authorization for the Project on the basis of such new or modified ordinances, resolutions, rules, regulations and policies except that such subsequent actions shall be subject to any conditions, terms, restrictions, and requirements expressly set forth herein. 7.3 Moratorium Not Applicable. Notwithstanding anything to the contrary contained herein, in the event an ordinance, resolution or other measure is enacted, whether by ac ion of CITY, by initiative, referendum, or otherwise, that imposes a building moratorium which affects the Project on all or any part of the Property, CITY agrees that such ordinance, resolution or other measure shall not apply to the Project, the Property, this Agreement or the Project Approvals unless the building moratorium is imposed as part of a declaration of a local emergency or state of emergency as defined in Goverzunent Code § 8558. 8. tl Enacte 'sed Fees sessments an 'T'axes. 8.1 Fees. Exactions. Indications. CITY and DEVELOPER agree that the fees payable and exactions required in connection with the development of the Project for purposes of mitigating environmental and other impacts of the Project, providing infrastructure for the Project and complying with the Specific Plan shall be those set forth in the Project Approvals and in this Agreement (including Exhihi . ). The CITY shall not. impose or require payment of any other fees, dedications of land, or construction of any public improvement or facilities, shall not inuease or accelerate existing fees, dedications of land or construction of public improvezztcnts, in connexion with any subsequent discretionary approval for the Property, except as set forth in the Project Approvals and this Agreement (including Exhibit B). 8.2 Revised Application Fees. Any existing application, processing and inspection fees that are revised during the term of this Agreement shall apply to the Project provided that (l) such fees have general applicability; (2) the application of such fees to the Property is prospective; and (3) the application of such fees would not prevent development in accordance with this Agreement. 8.3 New Taxes. Any subsequently enacted city-wide taxes shall apply to the Project provided that: (1) the application of such taxes to the Property is prospective; and (2) the application of such taxes would not prevent Dublin/Alameda Development Agreement Page 6 of 16 for the SPCA Project November 15, 1999 development in accordance with this Agreement. 8.4 Assessments..Nothing herein shall be construed to relieve the Property from assessments levied against it by City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services which benefit the Property. 8.5 Vote on Futur meets and Fees. In the event that any assessment, fee or charge which is applicable to the Property is subject to Article XIIID of the Constitution and DEVELOPER does not return its ballot, DEVELOPER agrees, on behalf of itself and its successors, that CITX may count DEVELOPER'S ballot as affirmatively voting in favor of such assessment, fee or charge. 9. Amendjment or Cancellation. 9.1 Modificati use of Conflict with State or Federal ws. In the event that state or federal Iaws or regulations enacted after the effective date of this Agreement prevent or preclude rnmpliance with one or more provisions of this Agreement or require changes in plans, maps or permits approved by the City, the parties shall meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal. or state law or regulation. Any such amendment or suspension of the Agreement shall be approved by the City Council in accordance with Chapter 8.56. 9.2 Amend t Mutual sent. This Agreement may be amended in writing from time to time by mutual consent of the parties hereto and in accordance with the procedures of State law and Chapter 8.56. 9.3 Insubstantial Amendments. Notwithstanding the provisions of the preceding paragraph 9.2, any amendments to this Agreement which do not relate to (a) the term of the Agreement as provided in paragraph 4.2; (b) the permitted uses of the Property as provided in paragraph 5.2; (c) provisions for "significant" reservation or dedication of land as provided in Exhibit B; (d) conditions, terms, restrictions or requirements for subsequent discretionary actions; (e) the density or intensity of use of the Project; (f) the maximum height or size of proposed buildings; or (g) monetary contributioris by DEVELOPER as provided in this Agreement, shall not, except to the extent otherwise required bylaw, require notice or public hearing before either the Planning Commission or the City Council before the parries may execute an amendment hereto. CITY's Public Works Director shall Dublin/Alameda Development Agreement Page 7 of 1 fi for the SY(:A Project November 15, 1999 determine whether a reservation or dedication is "significant". 9.4 Amend t of o'ect rov s. Any amendment of Project Approvals relating to: (a) the permitted use of the Property; (b) provision for reservation or dedication of land; (c) conditions, terms, restrictions or requirements for subsequent discretionary actions; (d) the density or intensity of use of the Project; (e) the ma~dmum height or size of proposed buildings; (f) monetary contributions by the DEVELOPER; or (g) public improvements to be constructed by D1VELOPER shall require an amendment of this Agreement. Such amendment shall be limited to those. provisions of this Agreement which are implicated by the amendment of the Project Approval. Any other amendment of the Project Approvals, or any of them, shall not require amendment of this Agreement unless the amendment of the Project Approval(s) relates specifically to some provision of this Agreement. 9.5 Cancell tion Mut Copse t. Except as otherwise permitted herein, this Agreement maybe canceled in whole or in part only by the mutual consent of the parties or their successors in interest, in accordance with the provisions of Chapter 8.5b. Any fees paid pursuant to Paragraph 5.3 and Exhi it B of this Agreement prior to the date of cancellation shall be retained by CITY. 10. Term of Project Approvals: Pursuant to California Goverurtent Code Section 66452.6(a), the term of the Site Development Review and Conditional Use Permit in Recital F above shall automatically be extended for the term of this Agreement. The term of any other Project Approval shall be extended only if so provided in Exh' it B. 11. A~a1 Review. 11.1 'ew ate. The annual review date For this Agreement shall be August 15, 2000 and each August 15 thereafter. 11.2 Initiation of Review. The C1TY's Community Development Director shall initiate the annual review, as required under Section $.56.140 of Chapter 8.56, by giving to DEVELOPER thirty {30) days' written notice that the C1TY intends to undertake such review. DEVELOPER shall provide evidence to the Community Development Director prior to the hearing on the annual review, as and when reasonably determined necessary by the Community Development D~reaor, to demonstrate good faith compliance with the provisions of DubUrJAlameda Development Agreement Page S of 16 for the SPCA Project November 1S, (999 .~ `, / the Development Agreement. The burden of proof by substantial evidence of compliance is upon the DEVELOPER 11.3 Staff R~rts. To the extent practical, CITY shall deposit in the mail and fax to DEVELOPER a copy of all staff reports, and related exhibits concerning contrail performance at least Cave (5) days prior to any annual review. 11.4 Costs. Costs reasonably incurred by CITY in connection with. the annual review shall be paid by DEVELOPER in accordance with the Cit}~s schedule of fees in effect at the time of review. 12. efault. 12.1 (?then Remedies Available. Upon the occurrence of an event of default, the parties may pursue aU other remedies at law or in equity which are not otherwise provided for in this Agreement or in City's regulations governing development agreements, expressly including the remedy of specific performance of this Agreement. 12.2 Notice and Cure, Upon the occurrence of an event of default by either party, the nondefaulting party shall serve written notice of such default upon the defaulting party. If the default is not cured by the defaulting party within thirty (30) days after service of suds notice of default, the nondefaulting party may then commence any legal or equitable action to enforce its rights under this Agreement; provided, however, that if the default cannot be cured within such thirty (30) day period, the nondefaulting party shall refrain from any such legal or equitable action so long as the defaulting party begins to cure such default within suds thirty (30) day period aztd diligently pursues such cure to completion. Failure to give notice shall not constitute a waiver of any default. 12.3 No Damages A~~ainsr ['ITV, In no event shall damages be awarded against CITY upon an event of default or upon termination of this Agreement. 13. Estoppel Cert.ifrcate. Either party may, at any time, and from time to dme, request written notice from the other party requestung such party to certify in writing that, (a) this Agreement is in full force and effect and a binding obligation of the parties, Dublin/Alameda Development Agreement Page 9 of 1 B for the SPCA Yrolect November 15, 1999 (b) this Agreement has not been amended or modified either orally or in writing, or if ` so amended, identifying the amendments, and (c) to the knowledge of the certifying party the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof, or such longer period as may reasonably be agreed to by the parties. City Manager of City shall be authorised to execute any certiflcate requested by DEVELOPER: Should the party receiving the request not execute and return auClt certificate within the applicable period, this shall not be deemed to be a default, provided that such pazry shall be deemed to have certified that the statements in lotuses (a) through (c) of this section are true, and any party may rely on such deemed certification. 14. Mortgagee Protection: Cx_rrain Rights of Cure. 14.1 Mortgagee Protection. This Agreement shall be superior and senior to any lien placed upon the Property, or any portion thereof after the date of recording this Agreement, including the lien for any deed of trust. or mortgage ("Mortgage"). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all the terms and conditions contained in this Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Property, or any portion thereof, by foreclosure, tncstee's sale, deed in lieu of foreclosure, or otherwise. 14.2 Mortgagee Not Ob~l'gated. Notwithstanding the provisions of Section 14.1 above, no Mortgagee shall have any obligation or duty under this Agreement, before or after foreclosure or a deed in lieu of foreclosure, to construct or rnmplete the construction of improvements, or to guarantee such construction of improvements, or to guarantee such construction or completion, or to pay, perform or provide any fee, dedication, improvements or other exaction or imposition; provided, however, that a Mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by the Project.Approvals or by this Agreement. 14.3 Notice of Defaulf to Mortgagee and extension of Right to Cure. Tf CITY receives notice from a Mortgagee requesting a copy of any notice of default given DEVELOPER hereunder and specifying the address for service thereof, then CITY shall deliver to such Mortgagee, concurrently with service thereon to ~~ Dublin/Alameda Development Agreement Page to of 1 h for the SPCA Project IVrnember 15, 1999 DEVELOPER, any notice given to DEVELOPER with respect to any claim by CITY ~, that DEVELOPER has committed an event of default. Each Mortgagee shall have the right during the same period available to DEVELOPER to cure or remedy, or to commence to cure or remedy, the event of default claimed set forth in the CIT]^s notice. CITX, through its City Manager, may extend the thirty-day cure period provided in paragraph 12.2 for not more than an additional sixty (60) days upon request of DE'V'ELOPER or a Mortgagee. 15. S~ilitr. The unenforceability, invalidity or illegality of any provisions, covenant, condition or term of this Agreement shall not render the other provisions unenforceable, invalid or illegal. 16. Attorneys' Fees and Coctc. If CITY or DEVELOPER initiates any action at law or in equity to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable attomeys' fees and costs in addition to any other relief to which it may otherwise be entitled. If any person or entity not a party to this Agreement initiates an action at law or in equity to challenge the validity of any provision of this Agreement or the project Approvals, the parties shall cooperate in defending such action. DEVELOPER shall beaz its own costs of defense as a real party in interest in any such action, and shall reimburse CITY for all reasonable coup casts and attorneys' fees expended by CITY in defense of any such action or other proceeding. 17. T nsfe and Assi en . 17.1 Right to Asst. It is anticipated that DEVELOPER may sell the Property to another developer. All of DEVELOPER'S rights, interests and obligations hereunder maybe transferred, sold or assigned in conjunction with the transfer, sale, or assignment of all of the Property subject hereto at any time during the term of this Agreement, provided that no transfer, sale or assignment of DEVELOPERS rights, interests and obligations hereunder shall occur without the prior written notice to CITY and approval by the City Manager, wluch approval shall not be unreasonably withheld or delayed. The City Manager shall consider and decide the matter within XO days after DEVELOPER's notice, provided all necessary documents, certifications and other information are provided to the City Manager. DubliNAlameda Development Ageemeat Page 1 I of 16 rO1f tt~e SPCA Prof November 15, 1999 ~~ 17.2 Release Upon Transfer. Upon the transfer, sale, or assignment of all of DEVELOPER'S rights, interests and obligations hereunder pursuant to subparagraph 17.1 of this Agreement, DEVELOPER shall be released from the obligations under this Agreement, with respect to the Property transferred, sold, or assigned, arising subsequent to the date of City Manager approval of such transfer, sale, or assi~unent; provided, however, that if any transferee, purchaser, or assignee approved by the City Manager expressly assumes all of the rights, interests and obligations of DEVELOPER under this Agreement, DEVELUPER shall be released with respect to all such rights; interests and assumed obligations. In any event, the transferee, purchaser, or assignee shall be subject co all the provisions hereof and shall provide all necessary documents, certifications and other necessary information prior to City Manager approval. 17.3 Developer's 'get to Retain Specified Rights or dblieations. Notwithstanding subparagraphs 17.1 and 17.2 and paragraph 18, DEVELOPER may withhold from a sale, transfer or assignment of this Agreement certain rights, interests and/or obligations which DEVELOPER shall retain, provided that DEVELOPER specifies such rights, interests and/ar obligations in a written document to be appended to this Agreement and recorded with the Alameda County Recorder prior to the sale, transfer or assignment of the Property. DEVELOPER'S purchaser, transferee or assignee shall then have no interest or obligations for such rights, interests and obligations and this Agreement shall remain applicable to DEVELOPER with respect to such retained rights, interests and/or obligations. 17.4 Permitted Transfer. Purchase or As$~gr-ment. The sale or other transfer of any interest in the Property to a purchaser ("Purchaser") pursuant to the exercise of any right or remedy under a deed of trust encumbering DEVELOPER'S interest in the Property shall not require City Manager approval pursuant to the provision of paragraph 17.1. Any subsequent transfer, sale or assignment by the Purchaser to a subsequent transferee, purchaser, or assignee shall be subject to the provisions of paragraph 17.1. 18. Agreement Runs with the d. All of the provisions, rights, terms, covenants, and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors and assignees, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever. All of the provisions of this Dublin/Alameda 1)evelopmentAgreement Page 12 of 16 for the SP(:A Project November 15, 1999 Agreement shall be enforceable as equitable servitude and shall constitute covenants ~~' running with the land pursuant to applicable laws, including, but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do, or refrain from doing, some act on the Property hereunder, or with respect to any owned property, (a) is for the benefit. of such properties and is a burden upon such properties, (b) nuts with such properties, and (c) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and shall be a benefit to and a burden upon. each party and its property hereunder and each other pexson succeeding to an interest in such properties. l9. P~• The obligations of this Agreement shall not be dischargeable in banlauptcy. 20. I~r demni6cation. DEVELOPER agrees to indemnify, defend and hold harmless CITY, and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs (including legal fees and vests) and liability for any personal injury or properly damage which may arise duectly or indirectly as a result of any actions or inactions by the DEVELOPER, or any actions or inactions of DEVELOPER's contractors, subcuntractors, agents, or employees in connection with the construction, improvement, operation, ar maintenance of the Project, provided that DEVELOPER shall have no indemnification obligation with respect to ztegligence or wrongful conduct of CITY, its contractors, subcontractors, agents or employees or with respect to the maintenance, use or condition of any improvement after the time it has been dedicated to and accepted by the CITY or another public entity (except as provided in an improvement agreement or maintenance bond). 21. Insurance. ll. l Public Liability and Pro,~y Damage Insurance. During the term of this Agreement, DEVELOPER shall maintain in effect a policy of comprehensive general liability insurance with apex-occurrence combined singe limit of not less than one million dollars ($1,000,000.00) and a deductible of not more than ten thousand dollars ($10,000.00) per claim. The polity so maintained by DEVELOPER shall name the CITY as an additional insured and shall include either a .~ Dublin/Alameda Development Agreement Page 13 of 16 for the SPCA Project November 15, 1999 .~ severability of interest clause or cross-liability endorsement. 21.2 Workers _ mpensation Insurance. During the term of this Agreement DEVELOPER shall maintain Worker's Compensation insurance for all persons employed by DEVELOPER for work at the Project site. DEVEIAPER shall require each contractor and subcontractor similarly to provide Worker's Compensation insurance fnr its respective employees. DEVELOPER agrees to indemnify the City for any damage resulting front DEVELpPER's failure to maintain any such insurance. 21.3 Evidence of I ce. Prior to City Coundl approval of this Agreement, DEVELOPER shall famish CITX satisfactory evidence of the insurance required in Sections 21.1 and 2X.2 and evidence that the carrier is required to give the CITY at least fifteen days prior written notice of the cancellation or reduction in coverage of a policy. The insurance shall extend to the CITX', its elective and appointive boards, commissions, officers, agents, employees and representatives and to DEVELOPER performing work on the Project. 22. Viewer and Water. DEVELOPER aclrnowledges that it must obtain water and sewer permits from the Dublin San Ramon Services Districx ("DSRSD") which is another public agenry not. within the rnntrol of CITY. 23. Notices, All notices required or provided for under this Agreement shall be In writing. Notices required to be given to CITY-shall be addressed as follows: City Manager City of Dublin P.O. Box 2340 Dublin, CA 94568 Notices required to be given to D>VELOPER shall be addressed as follows: Gary A. Templin, President .. SPCA Dublin/Alameda Development Agreemrnt Page 14 of 16 for the SPG1 Proles[ November 15. 1999 ~~ A party may change address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of 98 hours after being deposited in the United States Ivtail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. 24. ement is Entire Understanding; This Agreement constitutes the enure understanding and agreement of the parties. 25. Exhibits. The following documents are referred to in this Agreement and are attached hereto and inwrporated herein as though set forth in full: Exlti it A I.egaI Description of property Exhibit B Additional Conditions 26. Counterparts. '1'llis Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. 27. Recordation. C1TY shall record a copy of this Agreement within ten days following execution by all parties. iN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date and year first above written. Dublin/Alameda Development Agreement Page 15 of 16 for the SPCA Project November 15, 1999 .~ CITY OF DUBLIN: By: Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: City Attorney Date: Date: OAKLAND SOCIETY FOR THE PREVENTION OF CRUT~,I~TY TU ANIMALS OF ALAMEDA COUNTY Date: Gary A. Templin President APPROVED AS TO FORM: Attorney for DEVELOPER (NOTARIZA7"ION ATTACKED) etts:~~ T:\WPDVNNRSW \1 I4\142 WGREFI4P(;A_na 6U 7 Dublin/Alameda Development Agreement Page 16 of 16 for the SPCA Project November 15. 1999 JULY 14, 1997 JOB N0. 70053-10 LEGAL. I EXHIBIT ~• LEGAL DESCRIPTION OSPCA LEASE ALL THAT REAL PROPERTY SITUATE IN THE CITY OF'' DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE "REMAINDER PARCEL" AS SAID PARCEL IS SHOWN AND . SO DESIGNATED ON PARCEL MAP 6879 FILED FOR RECORD, IN THE OFFICE OF TH>r COUNTY RECORDER OF ALAMEDA COUNTY IN BOOK 225 OF iPARCEL MAPS AT PAGE 67, DESCRIBED AS FOLLOWS: COMMENCING FOR REFERENCE AT AN ANGLE POINT IN TI-ID GENERAL EASTERN LINE OF SAID REMAINDER PARCEL AT THE SOUTHERN TERMINUS OF THE COURSE SHOWN AS "NORTH 01 ° 13'25" EAST 676.98 FEET" ON SAID PARCEL MAP 6879 AND RUNNING THENCE NORTH 74°40'07" WEST 982.00 FEET Tb THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE, FROM SAID POINT OF BEGINNING, NORTH 8$°26'46" WEST 145.00 FEET ; TI~ENCE, SOUTH 34°43'31" WEST 416.00 FEET; THENCE, SOUTH 55°35'26" EAST X62.00 FEET; TT-IENCE, SOUTHERLY ALONG THE ARC OF A TANGENT 50.00 FOOT 1~ADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 88°20'40" AN ARC DISTANCE OF 77.10 FEET; THENCE, TANGENT TO THE LAST NAMED CURVE SOUTH 32 °,45' I S" WEST 53.00 FEET; THENCE, SOUTH 69°46'26" EAST 64.00 FEET; THENCE, NORT~i 32°45'15" EAST 270.00 FEET; THENCE, NORTHERLY ALONG THE ARC OF A TANGEI~'T 435.00 FOOT RADIUS CURVE TO THE LEFT THROUGFI A CENTRAL ANGLE OF 46 ° 1 J'45" AN ARC DISTANCE OF 351.74 FEET TO THE POINT OF BEGINNIl~TG AND CONTAINING 2.746 ACRES OF LAND MORE OR LESS. ~g~p~.pNas~ y ~ END OF DESCRIPTION 9~ s PREPARED BY: ROBERT E, BALDWIN ~'~ L. S.',4367 uo. +3s~ EXPXRES: 9/30/97 4 QTF OF O pL~FOP~ ~',. a ti ~, REMA/NDER PARCEL 225 PM 67 PQB ~~~ I L3.R51.74' ~~ L1=68Z0"40" R=50.IX1' -. 1=7"1.10" AR61 2746 +/- ALX'E3' PLAT TO ACCOMPANY LEGAL DESCRlP170N OSPCA LEASE PORT/ON OF REMAINDER PARCQ PARCEL MAP 6879 (225 PM 67) CITY OF DUBLIN - ALAMEDA COUNTY - CALIFORNIA Prep tired By . Luk, Milani & Associates Clvi! fnglnears -Land Planners -Land Surveyors 7465 Enea Circle #788 Concord, California 94520 N8E:T1:35"W ~~ ~ ~rn ,~ ti N ti ~ I UN~ z NBB72'35"W T791,77' i :LEGEND PL6 ~ PA'NT Gl~ Bfb~A9N6 PGTC '; PGtlVT Arm ROBERT E. 6ALOWIN ~. ~ ~o ~ \ Nn. 4387 _ ~~z~---~ BALDfHN Ls 4,J6'7 t~ 9/30/97 JU1 Y 1997 SCALE 1 " 300' ~~B Additional. Conditions The following Additional Conditions aze hereby imposed pursuant to Pazagraph 5.3 above. b a a h 5 .1 -- S bse u t 1Ji o A ovals None. Subp~,graph 5. 2 -- Mitigation Conditions Subsection a. xlfrast uen • P ram The Infrastructure Sequencing Program for the Project is set forth below. (i) Road The project-specific roadway improvements (and offers of dedication) destxibed below and those identified in Planning Commission Resolution No. 99- Approving aConditional Use Permit and Site Development Review shall be completed by DEVELOP)rR co the satisfaction of the Public Works Director at the times and in the manner specified in. Resolution No. 99- unless performed by others. All such roadway improvements shall bs constructed to the satisfaction and requirements of CIT~''s Public Works Director. (ii) Sewc~ All sanitary sewer impmvemems to serve the project site (or any recorded phase of the Project.) shall be completed in accordance with Resolution No. 99-_ and I7SRSD requirements. (iii) Water An all weather roadway and an approved hydrant and water supply system shall be available and in service at the site in accordance with Resolution No. 99-_ to the satisfaction and requirements of the C1TY's fire department. 1)ublin/Alameda Development Agreement Page 1 of 4 for the SPCA Project - Exhibit B November 15, 1999 ~i All potable water system components to serve the project site (oz any recorded phase of the Project) shall be ootnpleted in accordance with Resolution No. 99-~ and DSRSD requirements. Recycled water lines shall be installed in accordance with Resolution No. 99- (iv) Storm rainave Prior to issuance of the first Certificate of Occupanry for any building which is part of the Project, the storm drainage systems off site, as well as on site drainage systems to the areas to be occupied, shall be improved to the satisfaction and requirements of the Dublin Public Works Department applying CTTY's and Zone 7 (Alameda Cotutty Flood Control and Water Conservation District, Zone 7) standazds and policies which are in force and effect at the time of issuance of the pemut for the proposed improvements and shall be consistent with the Drainage Plan. The site shall also be protected from storm flow from off site and shall have erosion control measures in place to protect downstream facilities and properties from erosion and unclean storm water consistent with the Drainage Plan, As used herein, "Drainage Plan" shall refer to CITX's master drainage plan. (v) S~1ter Utilities (e.gLgas electricity cable televisions telephone Construction shall be complete by phase prior to issuance of the first Certificate of Occupancy for any building within that specific phase of occupancy. 5ub~az~graph 5 3 3 -- Phasing Timi_nsr This Agreement contains no requirements that DEVELOPER must initiate or complete development of the Project within arty period of time set by CITY'. It is the intention of this provision that DEVELOPER be able to develop the Property in accordance with its own dme schedules and the Project Approvals. bl,tbparag~Ph 5.3.4 •- Flnanclxag Plan DEVELOPER will install all street improvements necessary for the Project at its own cost. Other infrastructure necessary to provide sewer, potable water, and recycled Dublin/Alameda Development Agreement Page 2 of 4 for the SPCA Project - Exhibit ~ November 15, 1999 water services to tlxc Ptnjcct will be nradc availal,lc by the Dublin San R~vnon Scticcs District. Tlxc Sutplus PI'opctty Authority of Alvncda County has cntct'cd into an "Area Widc Facilities AE;ICClxletlt" witlx tlxc Dublitx San Ramon Scrviccs District to pay for the cost of cxtcndutg such sctviccs to tlxc Project. Such services shall be ptnvided above. Suliparagraoh .5.3..5 -- Pccs. Dedications Subsection a. Trnfhc Itupact Pccs. DLVI/Lc_)PP,R shall pay all tt~2ffic impact fees applic<11,1c to the Ptnjcct which are in elTecl al the lime of issuance of any building per-rnil li)r the 1'mjecl.. Such fees itxcludc tlxc Eastern Dublin Ttnffic. Inxpact Pcc ("TIP") cstalilishcd l,y Resolution No. 41-96, includu>,g any fi)tutr antcndntcnts to suclx fcc. D1;VP,L(_)PL•,R will pay such fees al the lime of issuance of building per~nil and in the Ihen-run-enl. anxount of the impact fcc. Subsection b. Traffic Itxxpact Pcc to Rcutxbursc Pleasanton for Prccwa~ Inl.er(hany±rs. DP,VL,Lc_)PLR shall pay the Eastern Dublin I.58(1 Intctrhanpc Pcc esL•ablished by C:ily of Dublin Resolttion No. 1 I-~)(i as amended by liesolulion No. 155-98 and by any subsequent resolution which revises such Pce. DIJVIJLOPL,R will pay such fees at the time of issuance of building pcrnxits and in tlxe tlxen-current amounl. of the impact fee. Suliscction c. Public Facilities Pccs. I)HVHI.()I'liR shall pay a. I'uhlic Nacililies bee in the :irn()11nIs an(i:il I.be titncs set forth in City of Dublin Resolution No. (,0-99 adopted by tlxc City Council on April G, 1999, Ot' ltx tllc aIIIOUntS alld at the t11xlCS Set fottlx ltx arty t'CSOllttiOlx revising the :amounl. of the Public hacililies Hee, :is implemented by the Adrninislralive C:ttidelines adople(i by Itesohtlion ly i-99. Subsection d. Noise Miti~xtion Fer.. Tlu Ptnjcct is a scnxi-public use and is tlxcrcfotc exempt finnx payittg this lee_ Lhiblix/Alxmcda Dwclut+mcnl Ay~rcumcnL Pa};c 3 uC 4 for the SPCA Projccl - Lx}lii+il I~ Novcrnbcr 15, 1949 Subsection e. School Itn~act Pees, School impact fees shall be paid by DEVELOPER in accordance with Governrllent Code section 53080 and the etdsting agreement between the Surplus Property Authority of Alameda County, as DEVELOPER's lessor, and the Dublin Unified School District. Subsection f. P Im a t Fees. DEVELOPER shall pay a ftte facilities fee in the amounts and at the tithes set forth in City of Dublin Resolution No. 37-97 or any subsequent zesolution which revises such fee. DEVELOPER will pay such fees at the time of issuance of building permits and in the then-cuxrent amount of the impact fee. subsection 1;~ T 1r'-Valle~p~ation Development Fee. DEVELOPER. shall pay the T'ri-Valley Transportation Development Pee in the amount and at the times set forth in City of Dublin Resolution No_ 89-98 or any subsequent resolution which revises such fee. DEVELOPER will pay such fees at the time of issuance of building permits and in the then-cuzrent amount of the impact fee. ):\Wl'D~MNRSW\l 14\142WGREE\Sl'G•EXB_n l.i.wpd £llS:cja ,:~." Dublin/Alameda Development Agreement Page 4 of 4 for the SPCA Project - Exhibit S November 15, 1999 TRI-VALLEY SPCA INITIAL STUDY File No. PA 99-004 Lead Agency: City of Dublin Prepared: May, 1999 ATTACHMENT ~ INTRODUCTION This initial study has been prepazed by the City of Dublin to assess the potential environmental effects of the proposed Tri-Valley SPCA spay/neuter clinic, education and animal placement center. The analysis is intended to satisfy the requirements of the California Environmental Quality Act (CEQA), and provide the City with adequate information for project review. This initial study includes a project description, environmental checklist and discussion focused upon issues identified in the checklist. In summary, this Initial Study concludes that the project will not pose any significant adverse environmental impacts.. The Initial Study was prepazed based upon the location of the project, staff office review, field review, comments from City, County and local agencies, use of the Eastern Dublin Specific Plan and General Plan Amendment Final EIR which was previously certified (SCH No. 91103064) by the Dublin City Council, other City Planning Documents, the CEQA Law and Guidelines, and City of Dublin CEQA Guidelines. Environmental Checklist Form Initial Study 1. Project title: PA 99-004, Tri-Valley SPCA Conditional Use Permit and Site Development Review 2. Lead agency name and address: City of Dublin, 100 Civic Plaza, Dublin CA 94568 3. Contact person and phone number: Anne Kinney, Assistant Planner (925) 833-6610 4. Project location: Northwest corner of Gleason Drive and Barnet Boulevard 5. Assessors Parcel Number(s): 986-0005-027-00 (a portion) 6. Project sponsor's name and address: George Miers & Associates, Architecture and Planning, 1150 Moraga Way, Moraga, CA 94556 General Plan designation: Public/Semi-Public Facility 8. Zoning: Agricultural 9. Specific Plan designation: Public/Semi-Public Facility 10. Description of project: Conditional Use Permit and Site Development Review to construct a new 21, 313 square foot spay/neuter clinic, public education and animal placement center on the north west corner of Gleason Drive and Barnet Boulevard in Dublin. Refer to Figure 1, Vicinity Map and Figure 2, Project Plans. The project site is within the Eastern Dublin Specific Plan azea. A Program Final Environmental Impact Report was prepazed for the Eastern Dublin Specific Plan and General Plan Amendment and was previously certified (SCH No. 91103064) by the Dublin City Council by Resolution No. 51-93, and the Addenda dated May 4, 1993 and August 22, 1994. 11. Surrounding land uses and setting: Briefly describe the project's surroundings: The site consists of approximately 2.37 acres of vacant undeveloped land within an undivided 450 acre parcel owned by Alameda County. The site is roughly rectangulaz in shape and slopes gently from north to south with a low slope, 6 to 7 feet high to the south and southeast of the property. The site is generally void of vegetation and has been previously graded. Light poles, overhead electrical wires and other utilities aze present on the site. To the immediate west and north of the site lies Alameda County Corporation Yazd which includes structures and outdoor storage of vehicles and equipment. To the east lies the existing Alameda County Animal shelter, to the south across Gleason Drive, a 347 single-family residential development is currently under construction. ry G ~ ~ 'JJ C U w ~ y ~ N N^ Ta' U¢ 1 2 d w ~= a ~_ a w ~' ~y ~ U w~ a ?> ? c Z y= 2 d "~ N w y a 0 ~++ O J m L m 0 D a Z '~ ~ w 9 ~ Z O a 7 Z~ Z V T U ~ w a 0 U O C O ~ t \ 0 O N O N w ~ N Q2 <~ v ~ 3 3 u+ s j ~= LL ~ E ~ E w~ wj = n. a u~iN w0 ~~ ~~ aQ w0 w0 2 Oa W a ~ Q m W K Y w ~ ~ ~ Y Z p a w p. z u ~ a a 0 w w m W ov ~ ~ o w < oo ? ~ °a y O p ~n w 0 O o s w ~>~ O D O~ O K O O V 'O Q~ COi U 11 O F ~ 2 w r 0 a. C~ = O ~ d ~ LL~ J `° a: 0 W~~ ~ c N o ~ o ~ w LL~~ o °w E Z w; u~ O E r< W U V N C~ a pY Y a a $ O R' a U Y W ~ N n a m es m < n m y O O N N i~ ~~' ~~ ~~ 'I ° 'I q~ ~/ l ~ //~ i.-~ / ~ ~,I r> .$~, d'.:8 S ~~ ~- .~- ~~r ~~ ,~~ i E a I, - _ ~ ~ G _ ' y ~ r; , ~ ~ g c a 4 o s 8 j . ~ a v}uaoj?Zv,7 'ut19n0 T ~7r7~.71 -I ~ L a j ~? ~4 ~~gg M ~. 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I y 'I C ~ ® d, ~ ~ na ~ S ~~ ~ i ~ - I I I I ~ MNM~i ~ ~ ' p. yy ~ m _ _ ~~ - `!v ~ -k' ~ ~ Y i i I P __ i ~ I - _ - ~. a is ~', I- 12. Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement.) N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics ^ Biological Resources ^ Agriculture Resources Cultural Resources ^ Hazards & Hazazdous Materials ^ Hydrology /Water Quality Mineral Resources Noise ^ Public Services ^ Utilities /Service Systems Recreation Air Quality Geology /Soils ^ Land Use /Planning ^ Population /Housing ^ Transportation/Traffic ^ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an eazlier document pursuant to applicable legal standazds, and 2) has been addressed by mitigation measures based on the eazlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, ecause all potentially significant effects (a) have been analyzed adequately in an eazlier EIR or NEGATIVE DECLARATION pursuant to applicable standazds, and (b) have been avoided or mitigated pursuant to that eazlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature l~z~9 q Date ~iJ,+fE /J^r~lEy , f~c CrtsA,JY Pl~¢r/~8~ Printed name EVALUATION OF ENVIRONMENTAL IMPACTS: For 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the pazentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based onproject-specific factors as well as general standazds (e.g., the project will not expose sensitive receptors to pollutants, based on aproject-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particulaz physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there aze one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declazation: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Eazlier Analyses," may be cross-referenced). 5) Eazlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declazation. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Eazlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an eazlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that aze "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies aze encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepazed or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies aze free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance Environmental Impacts. The source of determination is listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist. A full discussion of each item is found following the checklist I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? (Source:l, 2, 3, 4, 5 ) b) Substantially damage scenic resources, including, but no limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Source:l, 2, 3 ) c) Substantially degrade the existing visual chazacter or quality of the site and its surroundings? (Sourced, 2, 3, 4, 5 ) d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the azea? (Source:l, 2, 3, ) II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources aze significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepazed by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (Sourced, 2, 3, 5 ) b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (Source:2, 5 ) Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x x x c) Involve other changes in the existing environrnent which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Source:l, 2, 3 ) III. AIR QUALITY -- Where available, the significance Criteria established by the applicable air quality Management or air pollution control district may be Relied upon to make the following determinations. Would The project: a) Conflict with or obstruct implementation of the applicable air quality plan?(Source:l,2 ) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source: 1, 2 ) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Source: 1, 2 ) d) Expose sensitive receptors to substantial pollutant concentrations?(Source:l, 2 ) e) Create objectionable odors affecting a substantial number of people?(Source:l, 2 ) IV. BIOLOGICAL RESOURCES --Would the project: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x X x x a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? (Source: 1, 2, 3, 5 ) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? (Source: 1, 2, 3, 5 ) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, mazsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Source: 1, 2, 5 ) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source:l, 2, 5 ) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Source:l, 2, 5 ) f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional, or state habitat conservation plan? (Source:l, 2, 5 ) V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? (Source:l, 2, 5 ) Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x x x x b) Cause a substantial adverse change in the significance of an azchaeological resource pursuant to § 15064.5? (Source:l, 2, 5 ) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sourced, 2, 5) d) Disturb any human remains, including those interred outside of formal cemeteries? (Source:l, 2, 5 ) VI. GEOLOGY AND SOILS -- Would the project: a) EXpose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the azea or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Source: 1,2,5 ) ii) Strong seismic ground shaking? (Source: 1, 2, 5 ) iii) Seismic-related ground failure, including liquefaction? (Source: 1, 2, 5 ) iv) Landslides? (Source:l, 2, 5 ) b) Result in substantial soil erosion or the loss of topsoil? (Source:l, 2, 5 ) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sourced, 2, 5 ) Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x X x x x x io d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Source:l, 2, 5 ) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers aze not available for the disposal of waste water? (Source: 1, 2, 5 ) VII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Source: 1, 2 ) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazazdous materials into the environment? (Source:l, 2 ) c) Emit hazardous emissions or handle hazazdous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? (Source:l, 2 ) d) Be located on a site which is included on a list of hazazdous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Source: 1, 2 ) Potentially Significant Impact Less Than Signifcant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x x x ii e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazazd for people residing or working in the project azea? (Source: 1, 2, 5 ) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project azea? (Source:l, 2, 5 ) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Source:l, 2 ) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands aze adjacent to urbanized azeas or where residences aze intermixed with wildlands? (Source:l, 2 ) VIII. HYDROLOGY AND WATER QUALITY - Wouldthe project: a) Violate any water quality standards or waste dischazge requirements? (Source:l, 2 ) b) Substantially deplete groundwater supplies or interfere substantially with groundwater rechazge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate ofpre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Source: 1, 2 ) c) Substantially alter the existing drainage pattern of the site or azea, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? (Source:l, 2 ) Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x x x X iz d) Substantially alter the existing drainage pattern of the site or azea, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? (Source: 1, 2 ) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Source:l, 2 ) f) Otherwise substantially degrade water quality? (Sourced, 2 ) g) Place housing within a 100-yeaz flood hazard area as mapped on a federal Flood Hazazd Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Source:l, 2 ) h) Place within a 100-year flood hazard azea structures which would impede or redirect flood flows? (Source:l, 2 i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Source:l, 2 ) j) Expose people or structures to a significant risk of loss, i involving inundation by seiche, tsunami, or mudflow? (Source:l, 2 ) IX. LAND USE AND PLANNING -Would the project: a) Physically divide an established community? (Source:l, 2, 3 ) Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x x x x x 13 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1, 2, 4, 5, 6, 7 ) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (Source:l, 2, 5 ) X. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Source:l, 2, 5 ) b) Result in the loss of availability of alocally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Source: 1, 2, 4, 5 ) XI. NOISE -Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standazds established in the local general plan or noise ordinance, or applicable standazds of other agencies? (Source:l, 2, 4, 5 ) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Source: 1, 2, 5 ) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Source:l, 2, 5 ) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Source: 1, 2, 5 ) Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x x x x x 14 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project azea to excessive noise levels? (Source: 1, 2, 5 ) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project azea to excessive noise levels? (Source:l, 2, ) XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an azea, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Source: 1, 2, 3 ) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Source:l, 2 , 3 ) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Source:l, 2, 3 ) XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x x is Fire Protection? (Source: 1, 2, 5 ) Police Protection? (Source: 1, 2, 5) Schools? (Source: 1, 2, 5 ) Pazks? (Sourced, 2, 5 ) Other Public Facilities? (Source:l, 2, 5 ) XIV. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Source:l, 2, 5 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Source: 1, 2, 5 ) XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Source: 1, 2, 5 ) b) Exceed, either individually or cumulatively, a level of service standazd established by the county congestion management agency for designated roads or highways? (Source:l, 2, 5 ) Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact X x x x x x x x x 16 c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Source: 1, 2, 5 ) d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Source: 1, 2 ) e) Result in inadequate emergency access? (Source: 1, 2 ) f) Result in inadequate parking capacity? (Sourced, 2 ) g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Source: 1, 2, ) XVI. UTILITIES AND SERVICE SYSTEMS -- Wouldthe project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Source:l, 2 ) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Source: 1, 2 ) Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x x x x i~ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Source:l, 2 ) d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or aze new or expanded entitlements needed? (Source:l, 2 ) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Source: 1, 2 ) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Source: 1, 2 ) g) Comply with federal, state, and local statutes and regulations related to solid waste? (Source: 1, 2 ) XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict rare or endangered plant or animal or eliminate important e major periods of California history or prehistory? (Source:l Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x x x x x is b) Does the project have impacts that are individually limit but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable projects)? (Source:l, 2, 5 ) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Source:l, 2, 5 Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact x x Sources used to determine potential environmental impacts: 1. Determination based on location of project. 2. Determination based on staff office review. 3. Determination based on field review. 4. Determination based on the City of Dublin General Plan 5. Determination based on the City of Dublin Eastern Dublin Specific Plan 6. Determination based on the City of Dublin Zoning Ordinance. 7. Determination based on Eastern Dublin General Plan Amendment and Specific Plan Final EIR and Addendum . 8. Not applicable. 19 EVALUATION OF ENVIRONMENTAL IMPACTS 1. Aesthetics. Items 1 a - 1 d were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and.Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. The project site is located within an urbanized and developing azea, it is currently vacant and void of any vegetation. The property is not located within 700 feet of a scenic highway and would not impact a scenic vista or view. The Site Development Review process together with City regulations shall consider the siting and design of the proposed structure to ensure that the aesthetic environment is preserved. 2. Agricultural Resources Items 2a - 2c were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures are required. The property is currently zoned for agricultural purposes, however, there is no recent history of agricultural production on the site. The property is not designated as prime or unique farmland and is not under Williamson Act Contact. The proposed spay/neuter clinic, animal education and placement facility is consistent with the zoning of the property subject to Conditional Use Permit approval. 3. Air Quality Items 3a - 3e were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. The project is located within an azea which is planned for urban development. The SPCA facility will generate limited trips per day with peak usage on the weekends and evenings. Construction of the site may generate an increase in dust and particulate matter caused by site excavation and grading. Mitigation measures identified in the Program EIR shall be applied to the project. 4, 5,10. Biological, Cultural and Mineral Resources Items 4a - 4f, Sa - Sd and l0a and l Ob were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. The project site is currently vacant, it is void of any vegetation and has previously been graded. Field visits to the site has not identified any animals. The site has no know mineral, cultural or biological zo resources. As required by the Program FEIR a biological survey shall be conducted prior to grading of the site. 6. Geology and Soils Items 7a - 7e, were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. The project site slopes gently from north to south with a low slope of 6-7 feet to the south and southeast of the property. Cuts and fills of less than 4 feet high aze planned to develop the site. All earthwork shall be in accordance with the City of Dublin Grading Ordinance and to Public Works Department standazds and regulations. According to the Geotechnical Investigation prepazed for the property by Hultgren - Tillis Engineers, dated January 4, 1999, expansive soils are present on site. The site shall be developed in accord with the recommendations of the geotechnical report to reduce the impact of expansive soil on the project to less than significant. The site is not located within a known fault zone or landslide azea and there aze no geologic hazazds known to exist on site. 7. Hazards and Hazardous Materials Items 8a - 8h, were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures are required. Any hazazdous materials used as part of the spay/neuter procedure will be handled by established preventative processes of the waste collection agency. As required by the Program FEIR a phase 1 and 2 site assessment of the project site shall be conducted to determine the presence of any on-site hazazdous waste and substance sites. 8. Hydrology and Water Quality Items 9a - 9j, were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures are required. The project is not located with a 100-yeaz flood hazazd azea. There aze no water supply lines or wells on the proposed site. In accordance with mitigation measures identified in the Program FEIR, the project shall adhere to the Santa Rita Drainage Master Plan and shall be designed to drain south to Gleason Drive. 9. Land Use and Planning Items 9a - 9c, were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. zi This project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan and the Zoning Ordinance. The City of Dublin has adopted no other City-wide or specific environmental plans or policies which would affect this application. 11. Noise Items 11 a - 11 f, were addressed by the Program Environmental Impact Report for the Eastem Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. Mitigation measures of the Program EIR shall be applied to the project to reduce the impact of construction noise on neazby residences. Currently, 347 new residences aze under construction south of Gleason Drive. The residences aze sepazated from the SPCA facility by a minimum of 127.5' (104' of right-of--way and rear yard setbacks ranging from 23.5' to 31.5') and an 8' sound wall, which has been built south of Gleason Drive. The facility would have two outdoor azeas, the dog exercise azea would be located to the west of the site adjacent to Alameda County Corporation Yazd outdoor storage azea and a small dog run azea/mini pazk would be located to the southeast of the property adjacent to Gleason Drive. The dog run azea would be solely used by patrons of the center and would only be used during facility open hours. The small dog run area would be open to the public. Any noise created by dogs in these areas would be less than significant because it would occur during daytime /facility open hours. In addition the dog exercise azea is located approximately 300' from the neazest residential unit. All kennels have been located within the building to contain noise levels, however eight canine habitat azeas located within the center of the building would be open to the sky. A noise study has been prepazed to determine the potential noise impact of bazking dogs within these open habitat areas. Any noise generated by animals in the facility will be adequately mitigated because a condition of project approval shall require that noise levels shall not exceed 60 dBA during nighttime hours measured at the property boundary and maximum interior noise level shall not exceed 45 dBA. In order to meet the required nighttime noise level of 60 dBA, the canine habitat azea may need to be covered. 12. Population and Housing Items 12a - 12b, were addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. The proposed SPCA animal facility would provide spay/neuter, animal education and placement services. It therefore would not impact population in the azea. 13. Public Services Item 13a, was addressed by the Program Environmental Impact Report for the Eastem Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). zz This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. The provision of public services has been planned for the build out of the Eastern Dublin Specific Plan Area, the proposed SPCA facility would not negatively impact planned services. 14. Recreation Items 14a - 14b, was addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. The City has in place a Public Facilities Fee which is charged to all developments in the Eastem Dublin Specific Plan azea. The fee pays for the provision of new pazk facilities as well as other public facilities in the City. The proposed small dog run area/mini pazk would be open to the public, but maintained by the SPCA. 15. Transportation/T'raffic Items 15a -15g, was addressed by the Program Environmental Impact Report for the Eastem Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures aze required. The project is located within an area which is planned for urban development. The SPCA facility will generate limited trips per day with peak usage on the weekends and evenings. The facility will employ approximately 14 staff and 5-10 volunteers per day. Approximately 25-30 people and 15-20 clients will visit the adoption center and the spay/neuter clinic each day. Public Works Staff has determined that the traffic generated by the SPCA facility is consistent with the Eastern Dublin Specific Plan Traffic Studies, no new mitigation measures aze required. The City has in place a Traffic Impact Fee and Interchange Fee which is chazged to all developments in the Eastern Dublin Specific Plan azea. The fee pays for the construction and improvements of City streets as well as upgrading of I-580 interchanges. 16. Utilities and Service Systems Items 16a -16g, was addressed by the Program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan adopted by the City Council on May 10, 1993 (SCH No. 91103064). This Initial Study has determined that this project will not have effects which were not examined in the Final EIR. No new effects will occur and no new mitigation measures are required. Utility providers have reviewed the project and have determined that either the infrastructure exists or a method to fund the infrastructure has been provided for. Any required sewer and/or water connection fees will be chazged by DSRSD at the time of building permit issuance. 23