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HomeMy WebLinkAboutPC Reso 98-33 PA98-007 GM Automall Tmap/SDR/CUP RESOLUTION NO. 98-33 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE TENTATIVE PARCEL MAP, CONDITIONAL USE PERMIT, AND SITE DEVELOPMENT REVIEW FOR PA 98-007 THE GENERAL MOTORS AUTOMALL (Tract No. 7250) WHEREAS, General Motors Argonaut Holdings, Inc. has requested approval of a Tentative Map, Conditional Use Permit, and Site Development Review, to subdivide a 15 + acre parcel and develop an automall with 3 new auto dealerships and 3 separate parcels. The first parcel, located at the intersection of Dublin Blvd. and "Miller Court", will contain the "Pontiac/Buick/GMC" dealership. The second parcel will remain vacant for a future dealership. The third parcel, adjacent to the 1-580 freeway, will contain two sales buildings, housing a Chevrolet showroom and a Cadillac/Oldsmobile showroom; one body shop building; and one quick lube/car wash/storage building (a fourth Parcel created by the Tentative map is planned for a future office development east of Miller Court and is not part of the PD, Conditional Use Permit and Site Development Review approvals, and the remaining landholdings of Alameda County Surplus Property Authority shown on the Tentative Map are not part of the project); and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the proposed project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan which was certified by the City Council by Resolution No. 51-93, and the Addendum dated August 22, 1994 (the "EIR"), and that no additional significant impacts are expected and no new mitigation measures are needed for site-specific environmental effects, which have been analyzed in an initial study checklist dated June 30, 1998; and WHEREAS, the Planning Commission did hold a public hearing on said application on July 28, 1998; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Tentative Map, Conditional Use Permit, and Site Development Review, subject to conditions; and WHEREAS, a Development Agreement will be approved prior to recordation of Final Map for the project as required by the conditions of approval of the Eastern Dublin Specific Plan; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following finding regarding said proposed Tentative Map, Conditional Use Permit, and Site Development Review: 1. The proposed project is consistent with the goals, policies, and implementation measures of the Eastern Dublin Specific Plan, and with the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Tentative Map: ordinances. The Tentative Map is consistent with the intent of applicable subdivision regulations and related 2. The design and improvements of the Tentative Map are consistent with and conforms to the City's General Plan and Eastern Dublin Specific Plan policies as they apply to the subject property in that it is a subdivision for implementation of a commercial project in an area designated for Campus Office/General Commercial (GC/CO). A traffic study has been completed for the project (TJK~, June 22, 1998) which concludes that with the recommended conditions of approval and project improvements, the project does not result in any levels of service impacts beyond that acceptable levels according to City Standards, the General Plan and the Eastern Dublin Specific Plan/EIR. 3. The Tentative Map is consistent with the Planned Development Rezone proposed for this project and is, therefore, consistent with the City of Dublin Zoning Ordinance. 4. The project site is located adjacent to major roads on relatively flat topography and is, therefore, physically suitable for the type and density of development. 5. With the incorporation of mitigation measures from the previous EIR, action programs and policies of the Eastern Dublin Specific Plan, the standards in the Development Plan, and Conditions of Approval, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. 6. The design of the subdivision will not conflict with easements acquired by the public at large or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. 7. Required fire and water service will be provided to the subdivision pursuant to the requirements of water and sewer providers, if standards and conditions are met and fees paid. Sewer service for this subdivision shall be provided pursuant to an agreement between the applicant/developer and DSRSD, as required by the Eastern Dublin Specific Plan/EIR. 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: 1. The approval of this application (PA 98-007), as conditioned, is consistent with the intent/purpose of Section 8.104 (Site Development Review) of the Zoning Ordinance. 2. The approval of this application, as conditioned, complies with the policies of the General Plan, the Eastern Dublin Specific Plan, and the Planned Development Rezone Provisions and Development Plan for the project which allow for commercial development at this location. 3. The approval of this application, as conditioned, is consistent with the requirements of the City of Dublin Zoning Ordinance, including the findings contained in Section 8.104.070.c. 4. The approval of this application, as conditioned, is in the best interests of the public health, safety, and general welfare as the development is consistent with all laws and ordinances and implements the Dublin General Plan and Eastern Dublin Specific Plan. 2 5. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety, and similar elements, as conditioned, has been designed to provide a harmonious environment for the development. 6. The project has been designed with architectural considerations (including the character, scale, design quality, and the relationship among buildings), along with Conditions of Approval, in order to ensure compatibility among building designs, the character of adjacent uses, and the requirements of public service agencies. 7. Landscape elements (including the location, type, size, color, texture, and coverage of plant materials, provisions, and similar elements) combined with Conditions of Approval have been established to ensure visual relief and an attractive public environment. 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: The proposed use serves the public need by providing a location for sales of vehicles and the opportunity for purchasing a distinct type of vehicle to the community where limited opportunity presently exists. Bo The proposed use will be properly related to other land uses and transportation and service facilities in the vicinity, as the proposed use will be conveniently located adjacent to Dublin Boulevard in a commercial/office zoning district. Additionally, conditions of approval will ensure ongoing compatibility with adjacent uses. The proposed use will not materially adversely affect the health of safety of persons residing or working the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations and conditions will be met. The proposed use will not be contrary to the specific intent clauses or performance standards established for the District in which it is to be located. The project is consistent with the intent of the C-2 Zoning District which encourages commercial uses adjacent to major arterials. The approval of the Conditional Use Permit will be consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and Dublin Zoning Ordinance, including the findings contained in Section 8.100.080. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Tentative Map, Conditional Use Permit and Site Development Review for PA 98-007 General Motors Automall, subject to the following Conditions of Approval and subject to City Council approval of the proposed Planned Development Rezone/Development Plan, and Development Agreement. This approval shall conform generally to: a) the Development Plan and Site Development Review plans prepared by Hallmark Design Group, dated received by the Department of Community Development July 23, 1998, and attached as Exhibit A-1 to the Planned Development Resolution; and b): Tentative Parcel Map No. 7250, dated received by the Department of Community Development April 22, 1998, consisting of 4 sheets, prepared by Brian Kangas Foulk; and c): Erosion Control Plan - Rough Grading and Fine Grading, dated received by the Department of Community Development January 16, 1998, consisting of 2 sheets, prepared by ATI Engineering Services, Inc.; except as modified by the Conditions of Approval contained below. 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 subiect to Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, lB1 Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FIN] Finance, IF] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health. TENTATIVE MAP GE~RAL CO~ITIONS : 1 Standard Conditions of Approval. PW Approval of Standard Applicant/Developer shall comply with all applicable Improvement City of Dublin Standard Public Works Criteria Plans through (Attachment A). In the event of a conflict between the completion Public Works Typical Conditions of Approval and these Conditions, these conditions shall prevail. 2 Development Agreement/Expiration. Approval of this PW, PL On-going Standard/ Tentative Map shall be predicated upon and pursuant to Municipal the terms set forth in the Development Agreement to be Code approved by the City of Dublin. The 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. 3 Building Codes and Ordinances. All project B Through Standard construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 4 Action Programs/Mitigation Measures. PL Approval of Standard Applicant/Developer shall comply with all applicable Improvement action programs and mitigation measures of the Plans through Final Environmental Impact Report (EIR) that have not completion been made specific Conditions of Approval. 5 Requirements. Applicant/Developer shall meet or PW Approval of Standard/ perform all of the requirements of the Subdivision Map Final Map PW Act, the City's Subdivision Ordinance, and the approved Tentative Map for the project prior to City Council acceptance of offers of dedication 6 Ordinances/General Plan/Policies. The Developer PW, PL Issuance of Standard/ shall comply with the City of Dublin Subdivision Building PW Ordinance, City of Dublin Zoning Ordinance adopted Permits September 1997, the City of Dublin General Plan, the Eastern Dublin Specific Plan, Public Works Policies and City grading ordinance. 4 Pri0t to: 7 Improvement Agreement/Plans. Applicant/Developer PW Approval of Standard/ shall enter into an Improvement Agreement with the City Improvement PW for all subdivision improvements prior to issuance of Plans improvement permit. Complete improvement plans, specifications, and calculations shall be submitted to, and approved by, the Director of Public Works/City Engineer and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing on-site and off-site subdivision improvements and proposed improvements along the adjacent public street and property that relate to the proposed improvements. 8 Preconstruetion Survey. Applicant/Developer shall PW, PL Issuance of 217 comply with all Eastern Dublin Specific Plan EIR Grading MM mitigation measures for mitigating potentially significant Permit Matrix plant and animal species impacts. Within 60 days prior to any habitat modification, Applicant/Developer shall submit a preconstruction survey, prepared by a biologist (to be approved and hired by the City prior to commencement of the survey.) Said survey shall examine whether any sensitive species exist on or adjacent to the site and, if any exist, shall include recommended protection plans, including any modifica- tions to site design, for those sensitive species that may be discovered as a result of the survey. Applicant/Developer shall be responsible for the cost of the survey and staff review of the survey. The significance of any discoveries and adequacy of recommended protection measures shall be subject to the discretion of the Director of Community Development. Said protection plans and measures shall occur at least 21 days prior to anticipated habitat modification. Any updated surveys and/or studies that may be completed subsequently shall be submitted to the Department of Community Development. 9 Infrastructure. The location and siting of project PL, PW Approval of 39, 40 specific wastewater, storm drain, recycled water, and Improvement MM potable water system infrastructure shall be consistent Plans Matrix with the resource management policies of the Eastern Dublin Specific Plan. 10 Tassajara Creek. Any proposed modifications or PW, PL Approval of 41,200, alterations to Tassajara Creek shall be approved by the Improvement 201, 210 City of Dublin and any required permitting agencies, and Plans MM shall be consistent with the policies of Eastern Dublin Matrix Specific Plan and EIR, the Eastern Dublin Comprehensive Stream Restoration Program, and the Master Drainage Plan. 11 Solid Waste/Recycling. Applicant/Developer shall ADM On-going 103, 104, comply with the City's solid waste management and 105,279 recycling requirements. MM Matrix 12 Refuse Collection. The refuse collection service PL Finaling 279 provider shall be consulted to ensure that adequate space Building MM is provided to accommodate collection and sorting of Permits Matrix petrucible solid waste as well as source-separated recyclable materials generated by the residents within this project. 13 Utility Providers. Applicant/Developer shall provide PL Approval of Standard documentation from utility providers that electric, gas, Final Map and telephone service can be provided to the subdivision. 14 Public Utility Easements. Applicant/Developer shall PW Approval of Standard provide Public Utility Easements per requirements of the Final Map 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. 15 Title Reports/Deeds. A current title report and copies of PW Approval of Standard the recorded deed of all parties having any recorded title Final Map interest in the property to be divided, copies of the deeds, and the Final Maps for adjoining properties and easements shall be submitted as deemed necessary by the Director of Public Works. 16 Document Preparation. The improvement plans for this PW Approval of Standard Tentative Map (including Improvement Plans, Grading Improvement Plans, and subdivision maps) shall be prepared, designed, Plans 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. 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. 17 Removal of Obstructions. The Applicant/Developer PW Issuance of Standard shall remove all trees including major root systems and Certificate of other obstructions from building sites that are necessary Occupancy for public improvements or for public safety as directed by the Director of Public Works. SPECIAL COr,~D~IONS 18 Improvement and Dedication of Streets. PW Approval of PW Applicant/Developer shall dedicate to the City of Dublin Final Map for public street uses all proposed streets shown on the Tentative Map 7250 prepared by Brian Kangas Foulk dated February 1998. 19 Fire/Emergency Access. Applicant/Developer shall PW Approval of PW P~i°~ ~o: provide adequate access and turnaround for fire and other Final Map emergency vehicles ($2-foot minimum radii) per Alameda County Fire Department (ACFD) standard requirements in all public streets. Designated fire lanes in internal drive aisles shall be designed for fire and other emergency vehicles to conveniently pass through (20- foot minimum lane width) and have access to all buildings. No vehicle parking, loading, or servicing will be permitted in any drive aisle or fire lane. 20 Final Layout and Design of Streets. Final detailed PW Issuance of PW layout and design of internal private and public streets Grading and drive aisles must be approved by the ACFD and Permit and Director of Public Works. Building Permit. 21 Abandonment of Easements. Applicant/Developer or PW Occupancy of PW current landowner shall obtain an abandonment from all affected units. applicable public agencies of existing easements 22 Location of Improvements/Configuration of right-of- PW Construction PW way. All public sidewalks, handicap ramps, or other street improvements in the curb return area shall be located within the public right-of-way. Applicant/Developer shall show on the Final Map that the right-of-way at all public street curb returns is a straight line starting from the beginning of the curb return extending to the end of the curb return. The location of improvements and configuration right-of-way shall be approved by the Director of Public Works prior to construction. 23 Handicap Ramps. All handicap ramps shall comply PW Completion Standard with all current Federal ADA requirements and City of of Dublin Standards. Improvement S 24 Grading Plans. Grading plan designs must be based on PW Issuance of Standard approved soils reports. In addition to the civil engineer, a Grading soil engineer must sign the grading plans. The soil Permit engineer or his technical representative must be present at all times during grading. 25 Updated Eastern Dublin Santa Rita Drainage Master PW Submitted PW Study. Applicant/Developer shall comply with drainage prior to flows and areas of the updated Santa Rita Drainage issuance of Master Plan Study (originally prepared by Brian Kangas Grading Foulk, dated October 1996). Permit with approval prior to occupancy 26 Protection from 100 -year storm event. Applicant/ PW Issuance of PW Developer shall prove to the City by engineering analysis Grading that this project has been adequately designed for Permit 7 protection from 15-year and 100-year storm events, especially from waters in Tassajara Creek. 27 Lot Drainage. Drainage shall be in accordance with PW Issuance of PW the criteria established in the Standard Public Works Grading Criteria attached hereto as Attachment "A". Permit Applicant/Developer shall grade all lots to drain to the front of the public streets according to City of Dublin Grading Ordinance and Standard Conditions of Approval. All grading improvement plans shall be reviewed and approved by the Director of Public Works prior to start of any grading. 28 Drainage study. Applicant/Developer shall prepare and Issuance of PW submit to the Director of Public Works for review a Grading detailed drainage study of all proposed storm drain Permit improvements of the project. Final pipe sizes, slopes, depths, etc. shall be based upon final storm water design calculations by a licensed professional engineer in California. 29 No change To Overall Drainage Patterns. Issuance of PW Applicant/Developer shall not change the overall Grading drainage patterns outlined in the Eastern Dublin Santa Permit Rita Drainage Master Study by the grading construction of this project. 30 Finished Floor Elevation. The finished floor elevation PW Issuance of PW of the lowest building pad must be one foot above 100- Grading year flood levels. Permit 31 Mitigation Measures/Drainage Impacts. PW Occupancy of PW Applicant/Developer shall demonstrate to the satisfaction Any Building of the Director of Public Works that all mitigation measures that need to be improved as a result of drainage impacts of this project will be constructed prior to occupancy of any building. All drainage improvements shall be constructed to the satisfaction to of the Director of Public Works. 32 Retaining Walls. Where finish grade of this property is PW Issuance of Standard/ in excess of twenty-four (24) inches higher or lower than Building PW the abutting property or adjacent lots within the Permit subdivision, a concrete or masonry block retaining wall or other suitable solution acceptable to the Director of Public Works/City Engineer shall be required and any fence or wall shall be measured from the top of grade on the higher side of the retaining wall or slope. 33 Required Permits. Applicant/Developer shall obtain the PW, CO, Issuance of PW required permits from Alameda County, Zone 7, and the Zone 7 Grading California Department of Fish and Game to discharge Permit and construct drainage improvements within the Tassajara Creek area. 34 Geotechnical Investigation Report. PW Issuance of PW Applicant/Developer shall prepare a Geotechnical Grading Investigation Report covering the project site for review Permit by the City, and (as a minimum) shall design the grading plan based the recommendations outlined in said Report, on the plans and notes for the project, and as required by the City's Grading Ordinance. 35 Drainage Fees. This project is subject to the payment of PW, Zone Issuance of PW drainage fees through the City of Dublin to Alameda 7 Grading County Flood Control District, Zone 7. Permit 36 Drainage Easement. A 20' public drainage easement PW Final Map PW shall be provided near the south end of the site, connecting Tassajara Creek with Miller Court. A 48" storm drain shall be installed in the easement, conveying runoff from Miller Court to Tassajara Creek. 37 Drainage. The site drainage and grading shall be PW PW designed to provide an overland release route from all site inlets around all buildings to the satisfaction of the Director of Public Works. ImProvements 38 Detailed Improvement Plans. All detailed site and off- PW Issuance of PW site improvement plans and construction documents will Grading be required to be reviewed and approved by the Director Permit of Public Works. 39 Sidewalks. Applicant/Developer shall construct PW Occupancy of PW sidewalks and landscape strips as shown on the site and Any Building landscape plans to the satisfaction of the Directors of the Public Works & Community Development Departments. 40 Landscape Strip. Applicant/Developer shall design on PW Occupancy of PW Dublin Boulevard and proposed Miller Court a 10' Adjacent minimum professionally landscaped and irrigated Building landscape strip adjacent to the sidewalk as shown on the site and landscape plans, including along the perimeter of Parcel 2 (vacant parcel). Root barriers shall be installed surrounding each tree or along the sidewalk and back of curb on each side of the street. These landscaped areas shall be subject to the City's Water Efficient Landscape Regulations. 41 Improvements Constructed Prior to Occupancy. All PW Occupancy of PW improvements within the public right-of-way (including First Building curb, gutter, sidewalks, driveways, paving, 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/City Engineer and only after the Subdivision Development Agreement has been approved and required bonds and fees have been delivered to thc City. 42 Landscaping Maintenance. Applicant/Developer shall PL, PW Completion Standard/ maintain landscaping for not less than 90 days after City- of PW 9 approved installation. This maintenance shall include Improvement weeding and the application of pre-emergent chemicals, s 43 Permits for Oversized and Overweight Construction PW Issuance of Standard/ Loads/Haul Routes. Applicant/Developer shall obtain Grading PW permits for oversized and/or overweight construction Permit 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. 44 Decorative Paving. Applicant/Developer shall not PW Occupancy of PW construct decorative pavement within City right-of-way Adjacent unless otherwise approved by the Director of Public Building Works. The type of site entrance decorative pavers and pavement section shall be subject to review and approval of the Director of Public Works. Decorative pavement across entrances shall be constructed to the satisfaction of the Director of Public Works but shall be maintained by each lot landowner. 45 Relocation of Improvements. Any relocation of PW Completion of Standard improvements or public facilities shall be accomplished Improvements at no expense to the City. Traffic&Circulation: 46 Transitioning Improvements. Applicant/Developer PW Approval of Standard shall be responsible for transitioning all proposed Improvement improvements or improvements required as Conditions Plans of Approval for this Tentative Map to match existing improvements as required as by the Director of Public Works 47 Line and Striping Plan. Applicant/Developer shall PW Issuance of Standard submit a preliminary Line and Striping Plan for Dublin Building Boulevard from Tassajara Road to Tassajara Creek and Permits Miller Court to the Director of Public Works for review and approval. The Plan shall show interim lane config- urations and transitions, and shall provide adequate street width to allow two-way traffic and le~t-turn lanes. 48 Traffic Impact Fees. ApplicanffDeveloper shall be PW Issuance of PW responsible for payment of traffic impact fees (TIFs) Building adopted by the City Council at the time of issuance o£ Permits building permits including, but not limited to, the Eastern Dublin TIF, Freeway Interchange TIF, and Regional (Tri- Valley) TIF. 49 Layout and Design of Interim improvements. Layout PW Prior to Standard and design of all interim improvements shall be issuance of configured to maximize safety, circulation, convenience, 1 st Site and sight distance per the Caltrans Design Manual, City Development of Dublin zoning ordinance, standard plans and details, Permit and current policies and to the satisfaction of the Director of Public Works. 50 Construction Traffic Routing. All construction traffic PW Issuance of 268 10 may be subject to specific routing, as determined by the Grading MM Director of Public Works, in order to minimize Permit Matrix construction interference with regional non-project traffic movement. 51 Traffic Signage/Red Curbing. Applicant/Developer PW, PO Approval of Standard shall provide Traffic safety signs and "red-curbing" in Improvement accordance with the standards of the City of Dublin Plans subject to plan approval by the Director of Public Works. 52 Street Sign/Naming Plan. Applicant/Developer shall PL Approval of Standard submit street sign/naming plan for proposed Miller Court Improvement and shall be subject to approval of the Community Plans Development Director. 53 Street Name Sign Content. Street name signs shall PW Issuance of Standard display the name of the street together with a City Grading standard shamrock logo. Posts shall be galvanized steel Permit pipe. 54 Dedications. Applicant/Developer shall dedicate and PW Final Map PW improve Miller Court as an industrial street. Right-of- way width shall be 66', with a 10' public utility easement on both sides of the street. Curb-to-curb width shall be 52', with a 6' sidewalk adjoining the curb on the west side of the street and an 8' sidewalk adjoining the curb on the east side of the street. The street shall be striped to provide a 10' parking/loading lane on the west side of the street, a 12' southbound travel lane, a 12' two-way left- turn lane, a 12' northbound travel lane, and a 6' bicycle lane/shoulder on the east side of the street. The street shall be posted for no parking on the 300' of the west side, through the cul-de-sac bulb, and on the entire east side of the street. Minimum centerline radius shall be 300'. The centerline of Miller Court shall intersect Dublin Boulevard at a right angle, with the tangent point for the reverse curve on Miller Court set back from Dublin Boulevard at least to the south end of the intersection curb returns to the satisfaction of the Director of Public Works. 55 Improvements. The intersection of Miller Court with PW Improvement PW Dublin Boulevard shall be striped to provide a 22' Plans southbound through lane, a 6' median nose, a 12' northbound left-turn lane, and a 12' northbound right/through lane. The left-turn lane shall be a minimum of 100' long with a 60' taper. The median shall be 260' long and shall be landscaped. 56 Improvements. The cul-de-sac bulb on Miller Court PW Improvement PW shall have a minimum radius of 58' to the right-of-way Plans line and 50' to the curb face. A 20' diameter landscaped circle shall be provided in the center of the bulb. 57 Dedications and Street Improvements. PW Improvement PW 11 Applicant/Developer shall dedicate Dublin Boulevard Plans starting from the west side of Tassajara Creek (East terminus of the existing creek right of way) to Tassajara Road with street widths ranging from 141' to 143' to the street alignment configurations shown on Precise Plans for Eastern Dublin Santa Rita Area prepared by Brian Kangas Foulk, dated July 21, 1998. Shown on these plan lines, Dublin Boulevard is to be constructed with 3 - 12' wide lanes, an 8' bike lane/Emergency Vehicle lane in each direction. The Developer shall also construct 155' and 200' long dedicated right turn pockets with 60' transitions on east bound Dublin Boulevard to Miller Court and Koll Driveway entrance (Site 4) and 300' long double (12' wide) dedicated right turn lanes at the intersection of Tassajara Road. The Developer shall also construct a 140' and a 215' long 12' wide left turn pockets with 120' transitions on westbound Dublin Boulevard at the intersections of Miller Court and Koll Center Entrance. The Developer shall also construct on eastbound Dublin Boulevard a 300' and 250' long double 12' wide left turn lanes with 120' transitions at the intersections of Tassajara Road and Koll Center Entrance. A 10' public utility service easement shall be dedicated behind the property line on both sides of the street. 58 Improvements. Applicant/Developer shall improve PW Improvement PW Dublin Boulevard to arterial street standards from the Plans existing Tassajara Creek bridge to Tassajara Road. Improvements shall consist of utilities, pavement, curb and gutter, a sidewalk on the south side behind a 5' planter strip, all streetlighting, median landscaping, and landscaping on the south side of the street. The face of curb shall be located 56' south of the centerline. The street shall be widened in accordance with the Precise Plan prepared by Brian Kangas Foulk dated July 21, 1998. 59 Improvements. Applicant/Developer shall widen the PW Improvement PW bridge on Dublin Boulevard on the north side with Plans transition on each end adequate for design speed of 55 mph in accordance with the street geometric plan approved by the Director of Public Works. 60 Line and Striping Plan. Applicant/Developer shall PW Prior to PW submit a Plan Line study and Striping Plan for all interim submittal of or phased improvements in existing public street right of improvement way for Director of Public Works for review and plans approval. The Plan shall show existing and proposed interim and permanent lane configurations and transitions, pavement widening, curb alignment, 12 channclization, and striping and shall provide adequate street lane widths, safety and site distance to thc satisfaction of the Director of Public Works. The approved plan shall be incorporated into the final improvement plans. 61 Improvements. Applicant/Developer shall install a PW When PW traffic signal at the intersection of Dublin Boulevard and determined Miller Court. The signal shall be designed to conform to necessary by the ultimate geometries of the intersection, the Public Works Director 62 Traffic Signal. If not constructed by a previous project, PW Occupancy of PW Applicant/Developer shall install a traffic signal at the First Building intersection of Dublin Boulevard and entrance to Koll Site to the satisfaction of the Director of Public Works. The traffic signal shall be designed to conform to the ultimate geometrics of the intersection as shown on the Precise plans for Eastern Dublin Santa Rita Area prepared by Brian Kangas Foulk, dated July 21, 1998. This improvement may be deferred as part of the required improvements of the Koll Center Site. The cost of installation of this signal is not TIF reimbursable. 63 Improvements. The Director of Public Works shall PW When PW determine when the eastbound offramp from 1-580 at the determined Santa RitaJTassajara Road exit shall be widened or necessary by restriped to provide one exclusive through lane and two the Public left-turn lanes (with the exiting free right-turn lane Works Director remaining). In conjunction with this improvement, the traffic signal shall be modified to provide left-turn phasing on the east and west legs (removing the existing split phasing). The director of Public Works shall also determine when the westbound approach on Pimlico Drive will need to be widened to provide a second left-turn lane. Within one year of notification by the Director of Public Works, and provided consent has been obtained as needed from the City of Pleasanton and Caltrans, the developer shall design and construct these improvements to the satisfaction of the Director of Public Works, with input from the City of Pleasanton where applicable. To the extent practical, the notice shall be timed so that the work shall be completed immediately prior to the point where Level of Service E begins. 64 Improvements. If not constructed by a previous PW When PW development, Applicant/Developer shall widen Tassajara determined Road from 1-580 to a transition north of Gleason Drive. necessary by Improvements shall consist of two 12' southbound the Public through lanes, two 12' northbound through lanes, three Works Director 13 PriOrtO: : northbound 300' left-turn pockets with 100' transitions, and two 8' paved shoulders. Work shall also include relocation and/or modification of existing traffic signals at the intersection as needed for the widening. 65 Improvements. If not constructed by a previous PW When PW development, Applicant/Developer shall realign and determined widen Dublin Boulevard along its permanent alignment necessary by from the former Southern Pacific right-of-way westerly the Public Works Director access road to Hacienda Drive. Improvements shall consist of four 12' travel lanes, two 8' rocked shoulders, and an interim 5' pedestrian path on the north side of the street from the former Southern Pacific right-of-way to Hacienda Drive. 66 Improvements. If not constructed by a previous PW When PW development, Applicant/Developer shall widen the determined Dougherty Road/Dublin Boulevard intersection to necessary by provide a second eastbound through lane and a second the Public Works Director southbound left-turn lane. The City shall be responsible for obtaining off-site right-of-way needed for these improvements. 67 Street Improvements. If not constructed by previous PW Occupancy of PW Development, the Applicant/Developer shall bond and First Building construct all Dublin Boulevard frontage improvements along the south side of Dublin Boulevard fronting Parcel One of Tentative Map 7250 to the street lane alignment and configuration shown on Precise Plans for Eastern Dublin Santa Rita Area prepared by Brian Kangas Foulk, dated July 21, 1998 to satisfaction of the Director of Public Works prior to occupancy of any building. These improvements shall include the curb and gutter, 8' sidewalk, landscaping, and a 155' long 12' wide right turn lane with a 60' transition to the proposed intersection of Miller Court. Also included on westbound Dublin Boulevard at the proposed intersection of Miller Court, the developer shall construct a 180' left turn lane with a 90' transition to the configuration and grade approved by the Director of Public Works. 68 Phasing of offsite improvements. In the event that any of the smaller parcels (one, two, and/or three) of Parcel Map 7250 will develop before Parcel 4, the offsite improvements required by these Conditions of Approval may be phased to the satisfaction of the Director of Public Works. The following improvements shall be completed as Phase I as described on these conditions of approval to the satisfaction of the Director of Public Works prior to occupancy of any building. Improvement plans and bonds shall be prepared for the listed below Off-site improvements and shall be reviewed and 14 NO; CONDITION TEXT ~SPONi WHEN SOURCE Prior ~oi approved by the Director of Public Works prior to receiving site grading approval for any site located on Parcels one, two or three of Parcel Map 7250. A. Construction of Miller Court (Conditions 54, 55, and 56) B. Dublin Blvd. frontage improvements (i.e. curb, cutter, sidewalk and landscaping) to Dublin Boulevard along Parcel One including the improvement of temporary eastbound 155' dedicated right turn lane with a 60 transition ending at the intersection of Miller Court, (Condition 67). C. Construct all underground utilities in Miller Court including the proposed 48" main storm drain line. from Dublin Blvd. to Tassajara Creek shall be installed. D. Installation of a Traffic Signal at Miller Court and Dublin Boulevard.(61) E. Installation of west bound 140' left turn lane with 120 transition. (Condition 57) The following improvements shall be completed as Phase II as described on these conditions of approval to the satisfaction of the director of Public Works prior to occupancy of lot 4 (Koll Site). A. Dublin Blvd. eastbound shall be widened 2 lanes additional from Dougherty Road to Southern Pacific Right of way.( Condition 62) B. Dublin Blvd. shall be widened to 4 lanes from Southern Pacific Right of way to Hacienda Drive.( Condition 65) C. Dublin Blvd. shall be widened to 4 lanes from Tassajara Creek to Tassajara Road (Condition 58). D. Tassajara shall be widened to 4 lanes from 1-580 to Gleason Drive E. Dougherty Road / Dublin Boulevard Intersection Improvements (Condition 66) F. Santa/Rita Road / 1-580 Eastbound Ramps / Pimlico Drive improvements(Condition 63) 69 Utilities Service Report and Plan. Applicant/Developer PW, PL Approval of Standard shall submit a utilities service report and plan to the Improvement 110 satisfaction of the Public Works Director and Community Plans MM Development Director along with documentation that Matrix domestic fresh water, electricity, gas, telephone, and cable television service can be provided to each residence within the project and when such service will be available. 15 70 Construction of Utilities. The Developer shall construct PW Occupancy of PW ali utilities as may be deemed necessary to provide for Any Building Utilities the proper, clean, and safe functioning of utility services for each proposed residence within the project. All utility construction is subject to the requirements and specifications of the agency having jurisdiction over the respective utility facilities. 71 Utility Undergrounding/PUE's. Utilities shall be in PW Occupancy of 108, 109, accordance with the criteria established in the Standard First Building 228 Public Works Criteria attached hereto as Attachment MM "A". All utilities within the project and to each lot shall Matrix be underground in accordance with the City policies and PW existing ordinances. All utilities shall be located and Standard provided within public utility easements and sized to meet utility company standards. The existing overhead electrical line along the south side of the property shall be placed underground. 72 Transmission Lines. All transmission lines shall be PW Completion of 109 away from sensitive areas unless otherwise approved by Improvements MM the Director of Public Works. Matrix 73 Joint Utility Trenches/Undergrounding/Utility Plans. PW Occupancy of PW Applicant/Developer shall construct all joint utility First Building Utilities trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, and cable TV boxes shall be underground in designated landscape areas between the proposed sidewalk and back of curb. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) 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. 74 Recycled Water. The Applicant/Developer shall PL, DSR Occupancy of PW construct a recycled water line and contract with the First Building Utilities 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. The plans for these facilities shall be reviewed and approved by DSRSD. 75 Recycled Water Laterals. The landscaped common PW Occupancy of See areas of the project shall have laterals installed to the First Building DSRSD satisfaction of the Director of Public Works to enable conditions future recycled water connection in addition to potable , below water connection. Recycled water lines shall be installed to serve landscaped areas. All landscaped areas shall be subject to the City's Water Efficient Landscape Regulations. 16 : P~i6~t°i 76 Utility Installation Prior To Installation of Paving, PW Approval of PW Curb, Gutter or Sidewalks/Utility Stub Connections. Improvement All water, gas, sewer, underground electric power, cable Plans television or telephone lines, and storm drain facilities shall be installed before any paving, curb, gutter, or sidewalks are installed or as approved by the Director of Public Works. Utility stub connections to property boundaries shall be required unless waived by the Director of Public Works in writing. 77 Lighting and Landscape Maintenance. PL Recordation PW Applicant/Developer is responsible for lighting and of Final Map. landscape maintenance through Lighting and Landscaping Maintenance Assessment Districts or any other method of maintaining the lighting and landscaping approved as part of this project. EMERGENCY SERVICES; F~ P~~ION : 78 ACFD Rules, Regulations and Standards. F Issuance of 74 Applicant/Developer shall comply with all Alameda Building MM County Fire Services (ACFD) rules, regulations and Permits Matrix standards, including minimum standards for emergency access roads and payment of applicable fees, including a City of Dublin Fire Capital Impact Fee. 79 Fire Conditions. Developer shall comply with all F Issuance of conditions of the Alameda County Fire Department Building (ACFD) (letters dated June 24, 1998; May 19, 1998; and Permits January 15, 1998 ) including: a. Automatic fire sprinkler systems shall be required for all buildings. Systems shall January be designed, installed, tested and maintained to NFPA 13 and 25 Standards. 15, 1998 Permits shall be acquired, plans submitted for review and approval, and fees paid letter prior to installation. Plans shall be submitted for both overhead and underground installations. b. Fire apparatus access roads shall be installed and approved water supply in place January prior to the commencement of any combustible construction. Fire apparatus 15, 1998 access roads shall support the imposed loads of emergency equipment and be of an letter approved all weather surface (pavement). UFC Article 87. Fire Lanes shall be identified in the plan and approved by the ACFD prior to installation. c. Fire Hydrants shall be placed on-site as well as on the access road and spaced 350 January to 400 feet apart. Final location of fire hydrants shall be approved by the Alameda 15, 1998 County Fire Department in accordance with current standards. Hydrants shall be letter capable of providing required fire flow of 2500 gallons per minute. Hydrant design shall be in accordance with Dublin San Ramon Services District criteria. Raised blue reflectorized traffic markers shall be epoxied to the center of the paved street opposite each hydrant. A drawing of the approved locations shall be submitted for future reference. d. Building overhangs and attachments accessible to vehicles shall provide a January minimum of 13 feet 6 inches vertical clearance. 15, 1998 letter 17 e. To ensure access to the structures a "Fire Lane" shall be designed at the west side January of the property. Said "Fire Lane" shall be constructed to support the imposed 15, 1998 loads of fire equipment. Access to the "Fire Lane" shall be controlled by either letter gate or bollard installation. Additional areas within the complex may be required to be designated as well. f. To provide access to the complex, all buildings and gates shall be equipped with May 19, KNOX emergency vehicle access capability. Key boxes, electric override 1998 switches, and paddle locks are acceptable. Gates or barricades designed for letter emergency vehicle access shall meet the standards of the ACFD and the City of Dublin. g. Installation of a spray booth requires submittal of plans to include the structure of May 19, the booth and the fire suppression system. Plans shall be approved and fees paid 1998 prior to installation, letter h. Obtain an EVAE for Tassajara Creek. May 19, 1998 letter i. Submittal of additional information on storage racks shall be required if over eight May 19, feet high. 1998 letter j. Access gates shown on site plans from the EVAE along Tassajara Creek are not June 24, wide enough to meet the minimum turning radius of 42 feet, for emergency 1998 vehicles. Gate openings shall be widened, subject to the approval of the Fire letter Prevention Department. k. Insure landscape at the access gates allows a minimum vertical access of 13 feet 6 June 24, inches in height, and does not encroach on the horizontal access. 1998 letter I. Post the gates as "FIRE ACCESS, NO PARKING". June 24, 1998 letter m. Insure that FIRE LANES are posted to allow a minimum clear width of 20 feet. June 24, Both sides of the FIRE LANES should be posted where there is not designated 1998 parking stalls, letter n. Current improvement plans for the placement of fire hydrants shall be provided. June 24, 1998 letter o. Prior to delivery of any combustible material storage on the site, fire hydrants, Standard water supply, and roadways shall be installed and sufficient water storage and pressure shall be available to the site. Approved roadway shall be first lift of asphalt. p. Plans may be subject to revision following review, and additional comments will Standard be provided for building construction plans. EMERGENCY SERVICES ~ POLICE 80 The applicant shall comply with all applicable City of Issuance of May 8, Dublin Non-Residential Security Requirements, and the Building 1998 following conditions: Permits letter a. I Skylights in service areas shall comply with the iron bar requirements. Skylights May 8, in public areas may use an alarm system in place of the bars. 1998 18 letter b. Addressing and building numbers shall be visible from the approaches to the May 8, building. If there are exterior doors on the rear, the business names and addresses 1998 are to be painted on the door in a contrasting color. The lettering shall be no less letter than six inches in height. c. Employee exit doors shall be equipped with 180 degree viewers if there is not a May 8, burglary resistant window panel in the door from which to scan the exterior. 1998 letter d. The applicant shall submit a final lighting plan for approval by the Dublin Police. May 8, At a minimum, the plan shall include: 1) .5 foot-candle lighting levels at all 1998 doors; 2) 1.0 foot-candle lighting at ground level in parking lot areas; and 3) letter lighting fixtures shall be of a vandal-resistant type. e. Exterior landscaping shall be kept at a minimum height and fullness giving patrol May 8, officers and the general public surveillance capabilities of the area. 1998 letter f. The applicant shall keep the site clear of graffiti vandalism on a regular and May 8, continuous basis at all times. Graffiti resistant materials should be used. 1998 letter g. The applicant shall work with the Dublin Police on an ongoing basis to establish May 8, an effective theft prevention and security program. The applicant shall submit a 1998 security plan for the site. letter 81 Projected Timeline. Developer shall submit a projected PO Issuance of 66, 69, 70 timeline for project completion to the Dublin Police Building MM Services Department, to allow estimation of staffing Permits Matrix requirements and assignments. STORM WATER ~OLLUTION 82 Best Management Practices. Applicant/Developer shall PW Issuance of 171 demonstrate to the Director of Public Works that the Building MM project development meets the requirements of the City Permits Matrix of Dublin's "Best Management Practices" to mitigate storm water pollution. 83 NPDES Permit. Pursuant to requirements of federal PW Finaling 172 law, a NPDES permit shall be obtained from the Building MM RWQCB, and any terms of the permit shall be Permits Matrix implemented, if applicable. ALAMEDA COUNTy FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE7 84 Wells. Zone 7 has no water supply lines or well of Zone 7 Issuance of January record at the proposed site. wells encountered prior to or Grading 26, 1998 during construction are to be treated similar to standard Permits letter/ procedure for known wells without a documented intent Standard of future use, filed with Zone 7 (destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7 and the Alameda County Department of Environmental Services). 85 FEMA. The current FEMA Flood Insurance Rate Map Zone 7 Issuance of January 19 ~ pri~tt°i dated September 17, 1997 shows that the project lies Grading 26, J 998 within the 100-year flood plain. Therefore, a hydraulic Permits letter/ analysis will be required to ensure property safety and Zone 7 is currently in the process of working with Alameda County regarding the details of this analysis. Channel improvements must be done prior to completion of this development. 86 Creek. The subject property extends to Tassajara Creek, Zone 7 Issuance of January with will be improved by Alameda County under the Grading 26, 1998 Zone 7 SDA 7-1 program. This project will be subject to Permits letter/ the same design guidelines as the rest of the creek. 87 Runoff. Runoff from this parcel should drain into the Zone 7 Issuance of January proposed storm drain system along Dublin Boulevard and Grading 26, 1998 Tassajara Road. It is imperative that this infrastructure Permits letter/ be installed prior to the completion of this development. 88 Drainage. Note 3 of Sheet C1 indicates that the Santa Zone 7/ Issuance of May 19, Rita Drainage Plan is preliminary. Details regarding the City of Grading 1998 approved drainage shall be resolved between Zone 7 and Dublin Permits letter the City of Dublin, and this project shall be subject to Public these requirements. Works 89 Salt Mitigation. Recycled water projects must meet any Zone 7, On-going 141 applicable salt mitigation requirements of Zone 7. PW MM Matrix 90 Requirements and Fees. Applicant/Developer shall Zone 7, Issuance of Standard comply with all Alameda County Flood Control and PW Building Water Conservation District-Zone 7 Flood Control Permits requirements and applicable fees. 91 Legal responsibility for maintenance and the liability Zone 7 Completion of for flood damage caused by inadequate maintenance Improvements of creek. The legal responsibility for maintenance and the liability for flood damage caused by inadequate maintenance of this reach of Tassajara Creek remains with the landowner until dedicated to Zone 7. Zone 7 will not maintain any flood control facilities it does not own in fee title. 92 Setback. A minimum setback of 20 feet from (a) top of Zone 7 Completion of bank, or (b) a 2 to 1 (horizontal/vertical) projection from Improvements the toe of the arroyo to the top of ground (whichever is greater) shall be provided. No buildings or permanent structures should be constructed within this setback area. 93 Grading to drain away from creek. To avoid overbank Zone 7 Approval of erosion, the area adjacent to the flood control right-of- Improvement way should be graded to drain away from the creek and Plans to the on-site storm drain system. D, UBLINS~MON,SERVI,CESD!ST~~SRSD~ ..... ; :: : i ....... 94 DSRSD Conditions. Applicant/Developer shall comply DSR DSRSD with all conditions of the DSRSD (letter dated including: 20 95 General Conditions a. Complete improvement plans shall be submitted to DSRSD that Issuance of DSRSD conform to the requirements &the DSRSD Code, the DSRSD Building "Standard Procedures, Specifications and Drawings for Design Permits and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and policies, and all Recycled Water Design and Construction Standards. b. All mains shall be sized to provide sufficient capacity to Issuance of DSRSD accommodate future flow demands in addition to each Building development project's demand. Layout and sizing of mains shall Permits be in conformance with DSRSD utility master planning. c. Sewers shall be designed to operate by gravity flow to DSRSD's Approval of 118 existing sanitary sewer system. Pumping of sewage is Improvement MM discouraged and may only be allowed under extreme Plans Matrix circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present value 20-year maintenance costs as well as other conditions within a separate agreement with Applicant/Developer for any project that requires a pumping station. d. Domestic and fire protection waterline systems for residential Approval of DSRSD tracts or commercial developments shall be designed to be looped Improvement or interconnected to avoid dead-end sections in accordance with Plans requirements of the DSRSD Standard Specifications and sound engineering practices. e. DSRSD policy requires public water and sewer lines to be Approval of DSRSD located in public streets rather than in off-street locations to the Improvement fullest extent possible. If unavoidable, public sewer or water Plans easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. f. The locations and widths of all proposed easement dedications Issuance of DSRSD for water and sewer lines shall be submitted to and approved by Grading DSRSD. Permit g. All easement dedications for DSRSD facilities shall be by Approval of DSRSD separate instrument irrevocably offered to DSRSD or by offer of Final Map dedication on the Final Map. h. The Final Map shall be submitted to and approved by DSRSD for Approval of DSRSD easement locations, widths, and restrictions. Final Map i. All utility connection fees, plan checking fees, inspection fees, Issuance of DSRSD permit fees, and fees associated with a wastewater discharge Building permit shall be paid to DSRSD in accordance with the rates and Permits schedules established in the DSRSD Code. 21 j. Ali improvement plans for DSRSD facilities shall be signed by Issuance of DSRSD the District Engineer. Each drawing of improvement plans shall Building contain a signature block for the District Engineer indicating Permits approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, Applicant/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, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. Applicant/Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. k. No sewer line or water line construction shall be permitted unless Issuance of DSRSD the proper utility construction permit has been issued by DSRSD. Building A construction permit will only be issued after all of the DSRSD Permits and conditions herein have been satisfied, all DSRSD requirements !. The Applicant/Developer shall hold DSRSD, its Board of On-going DSRSD Directors, commissions, employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. SPEC~IC CO~ITIONS ~ 96 a. The Area Wide Facility Agreement between DSRSD and N/A DSRSD Alameda County Surplus Property Authority, executed December letter 20, 1994, regulates the allocation of wastewater service capacity dated to developable properties owned by the Authority within the June 26, Santa Rita area. This agreement allocates up to 300 dwelling unit 1998 equivalents (DUE) connections per year over a period of 5 years commencing January 1, 1996. A maximum of 150 DUE may be carried over to a subsequent year. On the date of this Conditions of Approval Memorandum, 576.23 DUEs remain of the sewer capacity allocated from the December 20, 1994 Agreement. 22 b The Area Wide Facility Agreement between DSRSD and Issuance of DSRSD Alameda County Surplus Property Authority, executed December Building letter 20, 1994, requires that Alameda County allocated 454.54 DUEs Permits dated capacity which was set aside by a 1981 agreement between June 26, DSRSD and Alameda County, to industrial and non-retail 1998 commercial users first, before the County may allocate any of the aforementioned 300 DUEs to industrial and non-retail commercial users in the Alameda County Surplus Property. This development proposal includes or consists of non-retail commercial users, and therefore the developer must request service from the County; in turn, the County shall authorize the District to release connection capacity to the designated developer. On the date of this Conditions of Approval memorandum, 175.8 DUEs remain of the sewer capacity allocated to Alameda County under the 1981 agreement. c. The project is located within the District Recycled Water Use Completion of DSRSD Zone #1 (Ord. 276), which calls for installation of recycled water Improvements letter irrigation systems to allow for the future use of recycled water for dated approved landscape irrigation demands. Recycled water will be June 26, available in the future as described in the DSRSD Eastern Dublin 1998 Facilities Plan Update, June 1997. Recycled water demand may be represented by the Tassajara Creek corridor landscaping planned for this area. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. c. Applicant/Developer shall coordinate with DSRSD and Alameda Approval of DSRSD County Fire Department on required fire flows. The present Improvement letter interim water system is capable of providing a maximum of Plans dated 3,500 gallons per minute of fire flow to the site. A future June 26, reservoir is anticipated to be constructed which will allow for a 1998 fire flow of 4,500 per minute. Applicant/Developer shall hold harmless DSRSD over the use of an interim water system for fire protection. d. This commercial development shall be equipped to use recycled DSRSD water for landscape irrigation. The recycled water irrigation letter system shall be designed to conform to District standards and dated specifications as described in the DSRSD Standard Specifications June 26, Addendum, dated September 30, 1997. Off-site recycled water 1998 main extensions to connect to existing facilities not yet activated will be required. An irrigation water service for this development shall connect to any off-site extension and stub out to the property line adjacent to the irrigation service tap, to allow for conversion when recycled water is available. Improvement plans shall include required recycled water improvements. 97 Construction by Applicant/Developer. All in-tract DSR Completion of Standard potable and recycled water and wastewater pipelines and Improvements facilities shall be constructed by the Applicant/Developer 23 in accordance with all DSRSD master plans, standards, specifications and requirements. 98 Responsibilities for Subdivider. Applicant/Developer DSR, PW Approval of Standard shall comply with all implementation "responsibilities for Improvement subdivider" as outlined in Tables 9.1 and 9.2 of the Plans "Wastewater Service Matrix of Implementation Responsibilities" and Table 3 "Storm Drainage Matrix Implementation Responsibilities of the Eastern Dublin Specific Plan dated January 7, 1994 for water systems incorporated herein by reference. OTHER CO~IONS i 99 Encroachment Permit - An encroachment permit shall PW Issuance of Standard be secured from the Director of Public Works for any Grading work done within the public right-of-way where this Permits work is not covered under the public improvement plans. D~Velopment Agr~ment 100 Development Agreement. Applicant/Developer shall PL Final Map Eastern enter into a Development Agreement as required by the approval Dublin Eastern Dublin Specific Plan prior to approval of the Specific Final Map. Plan 101 Infrastructure Sequencing Program. The PW, PL Recording of 29 Development Agreement shall include an infrastructure Final Map MM sequencing program and shall be recorded. Matrix 102 Fees - Applicant/Developer shall be responsible for PW, PL Finaling 31-33, 47, payment of public facilities fees, noise mitigation fees, Building 266 school impact fees, fire impact fees, affordable housing Permits MM in-lieu fees, specific plan implementation fees, regional Matrix transportation fees, and any other fees applicable to the project by ordinance or resolution. Unissued building permits subsequent to new or revised TIFs shall be subject to recalculation and assessment of the fair share of the new or revised fees. BOnds/sure~ : 103 Bonds or securities. A Faithful Performance Bond or PW, Issuance of PW securities that are 100% of Improvement costs, and a ADM Grading Standard Labor and Materials Bond or securities that are 50% of Permits Improvement costs, must be provided prior to issuing any grading and/or improvement permits. Improvement costs will include street, drainage, grading, back-fill of utilities, and landscaping costs to the satisfaction of the Director of Public Works. 104 Release of bonds. Bonds shall be in accordance with PW, Completion of Standard the criteria established in the Standard Public Works ADM Improvements Criteria attached hereto as Attachment "A". Labor and materials bond will be released after City's acceptance of 24 improvements. The Maintenance bond will be released one year after acceptance of improvements and after all defects have been repaired. Applicant/Developer, with the approval of the Director of Public Works, has the option of providing a Maintenance Bond after acceptance of improvements by the City in the amount of 25% of Improvement costs. This bond will serve instead of the Faithful Performance Bond. Prior to release o£the Faithful Performance Bond or the Maintenance Bond, all improvements and landscaping shall be installed and established per approved plans and a declaration by the project civil engineer that the finished graded building pads are within ± 0.1 feet in elevation of those shown on approved plans. 105 Hold Harmless/Indemnification - Applicant/Developer, PL, ADM Through Standard and any parties or individuals granted rights-of-entry by completion of Applicant/Developer, shall defend, indemnify, and hold Improvements harmless the City of Dublin and its agents, officers, and & Occupancy employees from any claim, action, or proceeding against of the Last the City of Dublin or its agents, officers, or employees to Building 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 other development which actions are brought within the time period provided for in Government Code Section 66499.37; provided, however, that the Applicant/Developer'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. construction Noise Managemen~mpact RedUCtion 106 Construction Noise Management Program/ PL and/or Issuance of 263,264, Construction Impact Reduction Plan. Applicant/ PW Grading 269, 270 Developer shall conform to the following Construction Permit MM Noise Management Program/Construction Impact Matrix Reduction Plan: Construction of the Subdivision shall be conducted so as to minimize the effect of the construction as required by the Environmental Impact Report on the existing community and on the occupants of the new homes as they are completed. The following measures shall be taken to reduce construction impacts: 1. I Off-site truck traffic shall be routed as directly as 25 practical to and from the freeway (I-580) to the job site. An Oversized Load Permit shall be obtained from the City by the contractor prior to hauling of any oversized loads on City streets. 2. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where feasible. 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. 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. Houses will be constructed in phases such that most of the construction traffic can be routed into the subdivision without traveling in front of existing homes that are occupied. 10 During construction, non-residential facilities shall provide pedestrian access from public streets to building entrances as required by the Director of Public Works/City Engineer. 11 Prior to the start of construction a fence shall be constructed along Tassajara Creek to assure that the creek wildlife habitat is not disturbed. 12 12. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: A. All 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 priorto: : mph. 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 the 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. 13. 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. Limiting lane closures and detours to off- peak travel periods. D. Providing ride-share incentives for contractor and subcontractor personnel. 14. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. 15. 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. 107 Hours of operation. Construction and grading PL On-going PW operations shall be limited to weekdays, Monday through Standard 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. 108 Archaeology - Should any prehistoric or historic artifacts PL, PW, Final PW 27 i~ ! i! i!iiii be exposed during excavation and construction B Inspection of Standard operations, the Department of Community Development Grading and 251 - shall be notified and work shall cease immediately until 253 MM an archaeologist, who is certified by the Society of Matrix 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. Environmental i 109 Phase 1 and Phase 2 environmental assessment PL, PW Issuance of 289 studies. Applicant/Developer shall supply the Grading MM Department of Community Development with a copy of Permit Matrix the Developer's Phase 1 and Phase 2 environmental assessment studies. All remediation required by those studies shall be implemented to the satisfaction of the Director of Public Works prior to Improvement Plan approval. 1 l0 Stationary Source Emissions. Applicant/Developer PL Issuance of 269, 278 shall ensure that stationary source emissions associated Grading MM with project development are minimized. The Permit Matrix requirements of Mitigation Measure 3.11 /12.0 of the Eastern Dublin EIR shall be accomplished. 111 Rodenticides and Herbicides. The use ofrodenticides PL Issuance of 221 and herbicides within the project area shall be performed Grading MM in cooperation with and under the supervision of the Permit Matrix Alameda County Department of Agriculture and will be restricted, to the satisfaction of the Director of Community Development, to reduce potential impacts to wildlife. 112 Kit Foxes. Should any Kit Foxes be discovered on the PL, PW Issuance of 219 site either during the Preconstruction Survey or during Grading MM project construction, the Applicant/Developer shall be Permit Matrix responsible for complying with the Kit Fox Protection Plan. MiS~!!~ne°us ,~i i 113 Dust Control/Cleanup. Applicant/Developer shall PW On-going 267 ensure that areas undergoing grading and all other MM construction activity are watered or other dust control Matrix measures are used to prevent dust problems as conditions warrant or as directed by the Director of Public Works. 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 28 , ~ Prior ~°i the construction period as determined by the Director of Public Works. 114 Conditions of Approval. In submitting subsequent B Issuance of PW plans for review and approval, each set of plans shall Building Standard have attached an annotated copy of these Conditions of Permits. Approval. The notations shall clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies. 115 Postal Service. Applicant/Developer shall confer with PL Approval of Standard local postal authorities to determine the type of mail units Final Map required and provide a letter from the Postal Service stating its satisfaction with the units proposed. Specific locations for such units shall be subject to approval and satisfaction of the Postal Service and the Director of Community Development. 116 Temporary Fencing at Top of Bank. Temporary PL, PW, Issuance of fencing shall be installed along the western property line, B Grading adjacent to Tassajara Creek, effectively separating the Permit site from Tassajara Creek. Said fencing is to remain in place throughout the construction process. CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW This Conditional use Permit and Site Development Review approval for PA 98-007, General Motors AutoMall, establishes the design concepts and regulations for the project. Development pursuant to this Conditional use Permit and Site Development Review generally shall conform to the following plans and documents available and on file in the Department of Community Development. (Some of the following items require revisions as noted in other Conditions herein): the Site Development Review plans dated received by the Department of Community Development June 12, 1998, consisting of 18 sheets, prepared by Hallmark Design Group. The Site Development Review shall also generally conform to the colors and materials reflected in the colored renderings and drawing submitted and on file in the Department of Community Development dated June 19, 1998; the written statement prepared by the Applicant dated received January 16, 1998; and Traffic Analysis prepared by TJKM, dated June 22, 1998, and on file in the City of Dublin Department of Community Development. NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: GE~L CO~ITIONS ~ i 117 Standard Conditions. The project shall comply with the PL, B Through Standard City of Dublin Site Development Review Standard Completion Conditions (Attachment B). 118 Traffic Impact Fees. The developer shall be responsible for the payment of Traffic Impact Fees. 29 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 119 Colors and Materials Board. Applicant shall submit a PW Issuance of colors and materials board subject to approval of the Building Director of Community Development to reflect any Permits changes made during project review. 120 Term. Approval of the Site Development Review shall PL Approval of Standard be valid for one year from approval by the Planning Improvement Commission. If construction has not commenced by that Plans time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) 121 Revocation. The SDR will be revocable for cause in PL On-going Municipal accordance with Section 8.96.020.I of the Dublin Zoning Code Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. 122 A gate shall be provided to each site on the west property PW SDR PW line to accommodate emergency vehicle access from the Tassajara Creek right-of-way to the satisfaction of Alameda County Fire Department and the Director of Public Works. 123 Walls and Fences. All walls and fences shall conform to PL Occupancy Section 8.72.080 of the Zoning Ordinance unless of Unit otherwise required by this resolution. 124 Wall or Fence Heights. All wall or fence heights shall PW Approval of be a minimum 6 feet high (except in those locations Improvement where Section 8.72.080 of the Zoning Ordinance requires Plans lower fence heights). Ali walls and fences shall be designed to ensure clear vision at all street intersections to the satisfaction of the Director of Public Works. 125 Level area on both sides of fence. Fencing placed at the PW, PL Issuance of top of banks/slopes shall be provided with a minimum Grading one-foot level area on both sides in order to facilitate Permits maintenance by the property owners. 126 Streetlights - Streetlights on arterial streets adjacent to PW Recording of Standard the project shall be the City Standard cobra head Final Map luminaries with galvanized poles. Parking i 127 Parking. Applicant/Developer shall provide parking as PL Completion of Standard shown on the Site Plan and Preliminary Landscape Plans Improvements received from Hallmark Design Group by the Dublin Department of Community Development as referenced above. Ail parking spaces shall be striped according to 30 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: the requirements of the City of Dublin Zoning Ordinance, except in certain areas of the site otherwise reflected on the site plans included with this approval. Handicapped, visitor, employee, and compact parking spaces shall be appropriately identified on the pavement. 128 Parking Signage. Directional signage and labeling of CDD Completion of Standard designated visitor and employee parking spaces shall be Improvements provided, and shall be subject to the approval of the Director of Community Development 129 The driveway on Dublin Boulevard shall be limited to PW SDR PW inbound cars (no trucks). The improvement plans shall provide adequate striping and signing to ensure this requirement. ~ police 130 Residential Security. The project shall comply with the PL, B Occupancy Standard City of Dublin Residential Security Requirements of Units (Attachment D). Landscaping 131 Perimeter Landscaping. A 6' landscape strip shall be PW SDR PW provided along the south side of the Buick/Pontiac/GMC site, and may be shared with the property to the south. 132 Landscape Strip. A 20' wide landscape strip shall be PW SDR PW provided along the west side of the site (adjacent to the creek), and along the south side of the site (adjacent to the 1-580 right-of-way). 133 Final Landscaping and Irrigation Plan. PL, PW Issuance of Applicant/Developer shall submit a Final Landscaping Building and Irrigation Plan, conforming to the requirements of Permits or Section 8.72.030 of the Zoning Ordinance (unless according to otherwise required by this Resolution), stamped and Phased approved by the Director of Public Works and the Occupancy Director of Community Development (and Alameda Plan, County Fire Department where this project is adjacent to whichever is wildfire areas). That plan should generally conform to the first Site Plan and Landscape Plans prepared by NUVIS Landscape Architecture and Planning, dated June 12, 1998. It must reflect any revised project design shown on the Tentative Map and Site Development Review Plans. 31 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 134 Street Trees. Street tree varieties ora minimum 15- PL, PW Issuance of PW gallon size shall be planted along all street frontages as Building Standard shown on the Landscape Plan. Exact tree locations and Permits varieties shall be reviewed and approved by the Director of Community Development. Trees planted within, or adjacent to, sidewalks or curbs shall be submitted to the Department of Community Development for review and approval by the Director of Community Development and the Director of Public Works to determine the need for root shields. The final landscape plans shall make greater use of evergreen varieties (preferably broadleaf), especially in sensitive visual areas such as at the garage door of thc Buick Pontiac/GMC building facing Dublin Boulevard, and the trees screening the south facing side of the Cadillac/Chevrolet/Oldsmobile facility. 135 Review. Shrub, vine, espalier, perennial, and ground PL Issuance of cover varieties and spacing shall be reviewed and Building approved by the Director of Community Development. Permits 136 Fire-resistant or drought tolerant plant varieties. Fire- PL, F Issuance of resistant or drought tolerant plant varieties shall be Building required in the plant palette. Permits 137 Monument Signs. Design of any signs shall be subject to PL, PW Issuance of the approval of a Master Sign Program, according to thc Building/ Dublin Zoning Ordinance, to assure compatibility with Sign Permits design elements of thc project. 138 Backflow Devises. Backflow devises shall be hidden PL Issuance of Standard from view by means of fencing, enclosures, landscaping Grading and/or berms. Permits 139 Standard Plant Material, Irrigation System and PL Occupancy Standard Maintenance Agreement. Applicant/Developer shall of Any Unit sign and submit a copy of the City of Dublin Standard Plant Material, Irrigation System and Maintenance Agreement prior to the occupancy of any units. 140 Water Efficient Landscape Regulations. PL, PW, Issuance of Standard Applicant/Developer shall ensure that the Final DSR Grading Landscaping and Irrigation Plan conforms to the City's Permits Water Efficient Landscape Regulations, including dual piping to facilitate future recycled water. standards 141 Health, Design and Safety Standards. Prior to final PW, PL Occupancy Standard approval allowing occupancy, the physical condition of of project the project shall meet minimum health, design, and safety standards including, but not limited to the following: a. The streets providing access shall be complete to PL Occupancy Standard allow for safe traffic movements, of project b. All traffic striping and control signing on streets PW Occupancy Standard providing access shall be in place, of project 32 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: c. All street name signs on streets providing access PL Occupancy Standard shall be in place, of project d. All streetlights on streets providing access shall be PW Occupancy Standard energized and functioning, of project e. All repairs to the street, curb, gutter, and sidewalk PW Occupancy Standard which may create a hazard shall be required or any of project non-hazardous repairs shall be complete and bonded for. f. The project shall have a back-lighted illuminated PL Occupancy Standard house number, of project g. The lot shall be finish graded, and final grading B Occupancy Standard inspection shall have been approved by the Building of project Department. h. All sewer clean-outs, water meter boxes, and other PW Occupancy Standard utility boxes shall be set below grade to the of project approval of the Director of Public Works. i. The project shall have received all necessary B Occupancy Standard inspections and have final approval by the Building of project Department to allow occupancy. j. All fire hydrants in streets providing access shall be F Occupancy Standard operable to City and ACFD standards, of project k. All streets providing access shall be improved to an PW, F Occupancy Standard adequate width and manner to allow for fire engine of project circulation to the approval of the Director of Public Works and ACFD. 1. All landscaped areas shall be landscaped. PL Occupancy Standard of project m. All mailbox units shall be at the back of the curb. PL Occupancy Standard of project n. Exterior lighting shall be provided for entrances and PL Occupancy Standard shall be of a design and placement so as not to of project cause glare onto adjoining properties. o. Lighting used after daylight hours shall be adequate PL, PO, B Occupancy Standard to provide for security needs. (Photometrics and of project lighting plans for the site shall be submitted to the Department of Community Development and Dublin Police Services for review and approval prior to the issuance of building permits). 142 Glare/Reflective Finishes - The use of reflective finishes PL Issuance of on building exteriors is prohibited. In order to control the Building effects of glare, reflective glass shall not be used on east- Permits facing windows. ~scellaneous 143 Refuse Collection Areas. The refuse collection areas PL Approval of 279 within the project shall be reviewed by the refuse Improvement MM collection service provider to ensure that adequate space Plans Matrix is provided to accommodate collection and sorting of 33 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: petrucible solid waste as well as source-separated recyclable materials generated by the residents of the project. All collection areas shall be screened from public view. Trash collection areas shall be enclosed, and doors shall be solid wood, metal, or material other than chain link fencing, subject to the approval of the Community Development Department. 144 Compliance With Requirements. Applicant/Developer F, PW, PO, Approval of Standard shall comply with all applicable requirements of the Zone 7, Improvement Alameda County Fire Department, Public Works DSR, PL Plans Department, Dublin Police Service, Alameda County Flood Control District Zone 7, and Dublin San Ramon Services District. 145 Architecture. The cornice shown on the Pontiac-Buick PL, B Issuance of Planning building shall be continued around all sides of the Building Dept. building, and added to the top of the "wash/prep." bays Permits (see west elevation). 146 Building Permits. To apply for building permits, B Issuance of Standard Applicant/Developer shall submit six (6) sets of Building construction plans to the Building Department for plan Permits check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. PASSED, APPROVED AND ADOPTED this 28th day of July, 1998. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Hughes, Musser, and Oravetz ATTEST: Community Development Director g:\98007\PCRS-TM2. Plah~mng Co ~m/fhjsion Chairperson 34