HomeMy WebLinkAboutReso 187-09 Hall of Justice SDRRESOLUTION NO. 187- 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PA 02-030, A SITE DEVELOPMENT REVIEW AMENDMENT TO CONSTRUCT
A 196,219 SQUARE FOOT BUILDING COMPRISED OF COURTROOMS, OFFICES, AND
ASSOCIATED FACILITIES ON 21.77 ACRES LOCATED ON THE NORTH SIDE OF
GLEASON DRIVE BETWEEN MADIGAN ROAD AND ARNOLD DRIVE, AND APPROVING
THE ASSOCIATED AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF
ALAMEDA REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE
EAST COUNTY HALL OF JUSTICE
WHEREAS, Jim Kachick, on behalf of the Alameda County General Services Agency,
has requested approval of a Site Development Review Amendment to construct a 196,219
square foot building comprised of courtrooms, offices, and associated facilities on 21.77
acres located on the north side of Gleason Drive between Madigan Road and Arnold Drive;
and
WHEREAS, the original Site Development Review application was reviewed and
approved by the Dublin City Council on November 16, 2004 (Resolution 220-04); and
WHEREAS, the County has submitted and received approval for two extensions to the
Site Development Review approval, with the final extension to the approval expiring on May
16, 2009; and
WHEREAS, the Applicant has submitted a complete application and project plans to
amend Site Development Review PA 02-030, dated November 23, 2009 and prepared by KMD
Architects, stamped approved, and on file in the Planning Department (hereinafter referred to
as the "Project Plans"). Included in these plans is the color and material board dated November
23, 2009, and other plans, text, and diagrams relating to this Site Development Review, and
WHEREAS, the County of Alameda prepared a joint Environmental Impact Report and
Environmental Impact Statement (EIR/EIS), dated April 2003, to determine the potential
environmental impacts occurring as a result of the East County Hall of Justice project. The
Final EIR/EIS concluded that the preferred alternative for the location of the East County Hall of
Justice was in Dublin at the subject site. The EIR/EIS identified mitigation measures to address
the environmental impacts identified and the Final EIR/EIS and accompanying mitigation
measures were adopted the Alameda County Board of Supervisors on May 6, 2003; and
WHEREAS, when the East County Hall of Justice facility was redesigned by the County
and the Courts, an Addendum was prepared to document the differences between the project
originally analyzed in the 2003 EIR/EIS and the current proposal. The Addendum states that
although changes are proposed as part of the current project that require revisions to the
previous EIR/EIS, the changes do not involve new significant environmental effects or a
substantial increase in the severity of the previously-identified significant effects. Only minor
changes to the previous EIR/EIS were required, and therefore an Addendum is the appropriate
CEQA documentation; and
Page 1 of 4
WHEREAS, the Addendum was certified by the Alameda County Board of Supervisors
on December 8, 2009; and
WHEREAS, Staff has concluded that the proposed Site Development Review
Amendment falls within the analysis completed as part of the Addendum and that no additional
impacts have been identified; and
WHEREAS, the proposed project is consistent with the Dublin General Plan, the Eastern
Dublin Specific Plan, the Planned Development Zoning District in which it is located, and
represents an appropriate project for the site; and
WHEREAS, the project application has been reviewed by the applicable City
departments and agencies, and their comments have been incorporated into the Conditions of
Approval for the project; and
WHEREAS, the City Council held a public hearing on the Site Development Review
Amendment application on December 15, 2009; and
WHEREAS, proper notice of the public hearing was given in all respects as required by
law; and
WHEREAS, a Staff Report was submitted to the City Council recommending that the
application be approved; and
WHEREAS, the City Council did hear and consider all said reports, recommendations
and testimony hereinabove set forth and used their independent judgment to make a decision.
NOW THEREFORE BE IT RESOLVED THAT THE City Council of the City of Dublin
does hereby find that:
A. The approval of this application, as conditioned, is consistent with the purposes of the
Site Development Review Chapter, with the General Plan, the Eastern Dublin
Specific Plan, and the Planned Development Zoning for the site. The project is in
compliance with the purpose of the Site Development Review Chapter, the Planned
Development Zoning District standards, and the General Plan and Eastern Dublin
Specific Plan land use designations for the property.
8. The approval of this application, as conditioned, is consistent with the provisions of
Title 8, Zoning Ordinance. The project, with the implementation of the conditions of
approval, meets the stated purpose of the Zoning Ordinance.
C. The design of the project is appropriate to the City, the vicinity, surrounding properties
and the lot in which the project is proposed. The project has been designed to
respect the neighborhood and to minimize adverse impacts to surrounding properties.
D. The subject site is physically suitable for the type and intensity of the approved
development. The subject site is physically suitable for the type and intensity of the
proposed use because the berm will be retained to screen Santa Rita Jail and the
onsite grading will be balanced to provide an appropriate area for the building site.
Page 2 of 4
E. Impacts to existing slopes and topographic features are addressed. Impacts to
existing slopes and topographic features are addressed through appropriate grading
of the site, retention of those sensitive features, and through the mitigation measures
adopted in the Final EIR/EIS and the Addendum.
F. Architectural considerations including the character, scale and quality. of the design,
site layout, the architectural relationship with the site and other buildings, screening of
unsightly uses, lighting, building materials and colors and similar elements result in a
project that is harmonious with its surroundings and compatible with other
development in the vicinity. The building architecture has been designed to be
complimentary to the other buildings in the vicinity while providing the facilities
necessary for a regional courthouse.
G. Landscape considerations, including the location, type, size, color, texture and
coverage of plant materials, and similar elements have been incorporated into the
project to ensure visual relief, adequate screening and an attractive environment for
the public. The site has been designed to incorporate native plant materials as well
as to minimize stormwater runoff and to utilize sustainable practices.
H. The site has been adequately designed to ensure proper circulation for bicyclists,
pedestrians and automobiles. The project plans include a circulation diagram that
illustrates the ability to move safely throughout the site for bicyclists, pedestrians, and
automobiles.
BE IT FURTHER RESOLVED THAT the City Council does hereby approve, subject to
compliance with the Conditions of Approval, PA 02-030 Site Development Review (SDR)
Amendment to construct a 196,219 square foot building comprised of courtrooms, offices, and
associated facilities on 21.77 acres located on the north side of Gleason Drive between
Madigan Road and Arnold Drive as generally depicted by the Staff Report and the Project Plans
dated November 23, 2009 and labeled Attachment 1 to this staff report, stamped approved and
on file with the City of Dublin Planning Department; and
BE IT FURTHER RESOLVED THAT the approval of this Site Development Review
Amendment supersedes the previous Site Development Review approval for the East County
Hall of Justice (City Council Resolution 220-04 dated November 16, 2004); and
BE IT FURTHER RESOLVED THAT the City Council approves and authorizes the Mayor
to execute the Agreement, Exhibit A to this Resolution, between the City of Dublin and the
County of Alameda regarding the enforcement of Conditions of Approval for the East County
Hall of Justice, with the Conditions of Approval attached as Exhibit A-1 to the Agreement.
Page 3 of 4
PASSED, APPROVED AND ADOPTED this 15th day of December 2009by the following
vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Scholz
ABSTAIN: None
.~
Mayor
ATTEST:
P~~
City Clerk
Reso No. 187-09, Adopted 12-15-09, Item 6.1 Page 4 of 4
Exhibit A
AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA
REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE EAST
COUNTY HALL OF JUSTICE PROJECT
This agreement ("the Agreement") is entered into this 15th day of December, 2009 by and
between the City of Dublin, a municipal corporation ("the City"), and the County of Alameda, a
political subdivision of the State of California ("the County"). The City and the County are
referred to collectively as "the Parties."
RECITALS
1. The Parties are parties to that certain agreement entitled "Agreement Between
County of Alameda, Surplus Property Authority and City of Dublin Regarding Transfer of
Property Tax Revenues Upon Annexation, Provision of Services and Other Matters," dated May
4, 1993 ("the Annexation Agreement").
2. The Annexation Agreement provides that with respect to the County
Governmental Property (as defined) any county governmental uses proposed for the property
shall be subject to site development review in accordance with the City's zoning ordinance.
3. In the Annexation Agreement, the parties also agreed
"in concept that infrastructure shall be constructed as necessitated by
development and to accommodate reasonably projected development and that
the costs of such infrastructure should be borne by the properties benefiting
therefrom in proportion to the benefit received."
4. In 2004, the County proposed to construct an East County Hall of Justice Project
on the County Governmental Property ("the 2004 Project"). Pursuant to the Annexation
Agreement, the County applied to the City for Site Development Review approval for the 2004
Project. On November 16, 2004, the City Council approved Resolution 220-04 approving the
Site Development Review for the 2004 Project and the associated agreement between the City
and County regarding enforcement of conditions of approval ("2004 Agreement"). The 2004
Agreement was extended by two amendments in May 2006 and November 2007, respectively.
5. In April 2009, the County informed the City that it planned to revise the 2004
Project. Pursuant to the Annexation Agreement, the County applied to the City for Site
Development Review (SDR) for a revised East County Hall of Justice Project on the County
Governmental Property ("the Project"). The SDR for the Project was approved by the City
Council on December 15, 2009 subject to certain conditions. The Project is the subject of this
Agreement.
6. The City during the processing of the SDR determined that certain conditions of
approval should be imposed upon the Project, including obligations to pay the City's
development impact fees, which fund infrastructure that serves the County Governmental
Property and other property in the City. The City believes that the Annexation Agreement
authorizes the imposition of such conditions on the County.
ECHOJ City of Dublin/Alameda County Agreement Page 1 of 4
7. The County believes that many of the conditions that the City desires to impose
on the Project, including some of the development fees, are neither authorized by the
Annexation Agreement nor otherwise by law.
8. In order to expedite the processing of the Project and to avoid further disputes, the
County has agreed, for purposes of this Project only, to subject itself to certain conditions of
approval (attached as Exhibit A-1 to this Agreement and incorporated herein by this reference)
("the Conditions"), which conditions include the payment of all or a portion of certain City
development impact fees for infrastructure, and the City is willing to agree to impose only the
Conditions, provided that a reasonable means of enforcing the Conditions against the County is
available to the City.
9. The City typically enforces conditions of approval by refusing to issue further
approvals, such as building permits and occupancy, until the conditions are satisfied, but the
City does not have further approvals on this project.
10. To ensure that the City has adequate remedies to enforce the Conditions, the
Parties desire to set forth their agreement that the Conditions may be enforced by specific
performance.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the
mutual promises, obligations and covenants herein contained, the City and the County agree as
follows:
AGREEMENT
Section 1. County Subject to the Conditions. Without in any way consenting to the
City's interpretation of the Annexation Agreement, the County agrees to be subject to the
Conditions.
Section 2. Conditions May Be Enforced by Specific Performance. The Parties agree
that, should the County refuse to comply with the Conditions, the City would not have adequate
remedies at law and that the City's remedy for such a breach is to bring a lawsuit to enforce the
Conditions and seek an order of specific performance.
Section 3. Miscellaneous.
a. Incorporation of Recitals and Introductory Paragraph. The Recitals contained in
this Agreement, and the introductory paragraph preceding the Recitals, are hereby incorporated
into this Agreement as if fully set forth herein.
b. Severability. If any term or provision of this Agreement, or the application of any
term or provision of this Agreement to a particular situation, is held by a court of competent
jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this
Agreement, or the application of this Agreement to other situations, shall continue in full force
and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the
foregoing, if any material provision of this Agreement, or the application of such provision to a
particular situation, is held to be invalid, void, or unenforceable, either the City or the County
may (in their sole and absolute discretion) terminate this Agreement by providing written notice
of such termination to the other party.
c. Construction. This Agreement has been reviewed and revised by legal counsel
ECHOJ City of Dublin/Alameda County Agreement Page 2 of 4
for both the City and the County, and no presumption or rule that ambiguities shall be construed
against the drafting party shall apply to the interpretation or enforcement of this Agreement.
d. California Law. This Agreement shall be construed and enforced in accordance
with the laws of the State of California.
e. Attorneys' Fees. In any legal action or other proceeding brought by either party to
enforce or interpret a provision of this Agreement, including an action brought by the City to
enforce the Conditions, the prevailing party is entitled to reasonable attorneys' fees and any
other costs incurred in that proceeding in addition to any other relief to which it is entitled.
f. Notices. All notices required or provided for under this Agreement shall be in
writing. Such notices shall be given to the Parties at their addresses set forth below:
If to the City, to: Joni Pattillo
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94569
Telephone: (925) 833-6650
Facsimile: (925) 833-6651
If to the County, to: Aki Nakao
Director, General Services Agency
County of Alameda
1401 Lakeside Drive, 10th Floor
Oakland, CA 94612
Telephone: (415) 733-9404
Facsimile: (415) 394-9000
A party may change its 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 forty-eight (48) hours
after being deposited in the United States Mail. 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.
g. Counterparts. This Agreement may be executed in multiple counterparts and
counterpart signature pages may be assembled to form a single original document.
h. Entire Agreement; Exhibits. This Agreement consists of 4 pages and one exhibit
which constitute in full, the final and exclusive understanding and agreement of the Parties and
supersedes all negotiations or previous agreements of the Parties with respect to all or any part
of the subject matter of this Agreement. The Parties specifically acknowledge that the
"Agreement Between The City of Dublin and The County of Alameda regarding the
Enforcement of Conditions of Approval for The East County Hall of Justice, dated November
16, 2004, is superseded by this Agreement. The exhibits to this Agreement consist of the
following: (a) Conditions of Approval of Site Development Review for the East County Hall of
Justice Project.
Waivers. All waivers of the provisions of this Agreement shall be in writing and
ECHOJ City of Dublin/Alameda County Agreement Page 3 of 4
signed by the appropriate authorities of the City and the County.
IN WITNESS WHEREOF, fhe parties hereto have executed this Agreement the day and
year first above written.
CITY OF DUBLIN:
Mayor
COUNTY OF ALAMEDA
Chair of the Board of Supervisors
ATTEST:
City Clerk
Approved as to Form:
City Attorney
Approved as to Form:
RICHARD E. WINNIE
County Counsel
By:
Deputy County Counsel
ECHOJ City of Dublin/Alameda County Agreement Page 4 of 4
Exhibit A-1 to the Agreement between the City of Dublin and the County of Alameda regarding
the enforcement of Conditions of Approval for the East County Hall of Justice
FINAL CONDITIONS OF APPROVAL for PA 02-030 East County Hall of Justice (Including
the Public Works Standard Conditions of Approval):
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the
establishment of use and the building opening to serve the public.
General Conditions
1. Approval. This Site Development Review approval for the East County Hall of Justice
establishes the detailed design concepts and regulations for the project. Development pursuant to
this Site Development Review shall generally conform to the project elevations/renderings dated
November 23, 2009, submitted by KMD Architects, stamped approved, and on file in the Planning
Department (hereinafter referred to as the "Project Plans"). Also considered part of the Project
Plans is the Color and Materials Board dated November 23 2009, submitted by KMD Architects,
and other plans, text, and diagrams relating to this Site Development Review, unless modified by
the Conditions of Approval contained herein. No other modifications shall be made to the Project
Plans without subsequent review and approval. This approval shall not become effective until the
City and County have entered into a written agreement regarding the enforcement of these
conditions. This Site Development Review approval supersedes the previous Site Development
Review approval (City Council Resolution 220-04 dated November 16, 2004).
Responsible Agency: Planning
When required: Ongoing
2. Term. Approval of the Site Development Review shall be valid for twenty-four (24) months from
the date approved by the City Council. If construction, or demonstrated progress toward
commencing such construction, has not commenced by that time, this approval shall be null and
void. If an additional extension is desired, the County can make the request to be considered by
the City Council.
Responsible Agency: Planning
When required: Ongoing
3. Revocation. The Site Development Review approval will be revocable for cause in accordance
with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions
of this approval shall be subject to citation.
Responsible Agency: Planning
When required: Ongoing
4. Required Permits. The Applicant/Developer shall obtain all necessary permits required by other
agencies (Alameda County Flood Control District Zone 7, Dublin San Ramon Services District,
California Department of Fish and Game, Army Corps of Engineers, State Water Quality Control
Board, etc.) as needed and shall submit copies of the permits to the Director of Public Works.
Responsible Agency: All agencies
When required: Ongoing
5. Fees. The Applicant/Developer shall pay the following fees prior to the establishment of use and
the building opening to serve the public:
a. Eastern Dublin Traffic Impact Fee (T1F) at the current rate, based on 5,941 daily trips with
a 27% reduction given for locally-generated trips, resulting in daily trips of 4,337. The
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 1 of 14
County will receive credit for any TIF improvements constructed as required by these
Condition of Approval. The County may pay the fee by using Alameda County Surplus
Property Authority (ACSPA) section I TIF credits [for payment of the Section I portion of
the fee], through a reduction in the ACSPA's Section II loan to the TIF program [for
payment of the Section II portion of the fee], and/or cash for either the Section Iand/or
Section II portion of the fee.
b. Pleasanton Interchange Fee for Eastern Dublin at the current rate, based on 5,941 daily
trips.
c. Tri Valley Transportation Development (TVTD/TVTC) Fee at the current rate, based on a
building size of 196,219 square feet.
d. City of Dublin Fire Facilities Fee at the current rate, based on a building size of 196,219
square feet.
Pursuant to the resolutions imposing the foregoing fees, the fees are increased for inflation
annually each year on July 1. Consistent with the City's practice with projects subject to building
permits, the fees listed above may be paid no earlier that at the commencement of construction of
the building. The fees must be paid no later than the establishment of use and the building
opening to serve the public. The fee paid shall be in the amount in effect at the time of payment.
Responsible Agency: All agencies
When required: Prior to the establishment of use and the building opening to serve
the public.
6. Compliance with EIR/EIS Mitigation Measures. The project is required to comply with all
mitigations measures as detailed in the Final Environmental Impact Statement and Environmental
Impact Report (EIS/EIR) for the Juvenile Justice Facility and East County Hall of Justice (dated
April 2003) as adopted by the Alameda County Board of Supervisors on May 6, 2003 and as
revised by the Addendum approved by the County Board of Supervisors on December 8, 2009. As
shown below, certain mitigation measures which require a fair share contribution towards traffic
improvements will be met through payment of EDTIF fees. The City finds that certain mitigation
measures are infeasible due to inconsistency with the City's Capital Improvement Program as
specified below:
MM 9.1.Sa: Fair share contribution to Scarlett Drive Improvement to be funded through payment of EDTIF
extension fee.
MM 9.1.Sb: Fair share contribution to Tassajara/Dublin Improvement inconsistent with the City's Capital
intersection Im rovement Pro ram for roadwa im rovements
MM 17.3.Sa and 17.3.6a: Fair share contribution to Improvement to be funded through payment of EDTIF
Dou he /Dublin fee.
MM 17.3.Sa and 17.3.6a: Fair share contribution to Improvement to be funded through payment of EDTIF
Hacienda/I580 WB OR fee.
MM 17.3.Sa and 17.3.6a: Fair share contribution to Improvement inconsistent with the City's Capital
Tassa~ara/Central Im rovement Pro am for roadwa im rovements
MM 17.3.Sa and 17.3.6a: Fair share contribution to Improvement inconsistent with the City's Capital
Tassa'ara/Dublin I rovement Pro ram for roadwa im rovements
MM 17.3.Sa and 17.3.6a: Fair share contribution to Santa Improvement inconsistent with the City's Capital
Rita/I580 EB/Pimlico OR Im rovement Pro ram for roadwa im rovements
MM 17.3.Sa and 17.3.6a: Fair share contribution to Improvement inconsistent with the City's Capital
Ho ard/I580 EB OR Im rovement Pro ram for roadwa im rovements
MM 17.3.Sb and 17.3.6b: Fair share contribution C to Improvement inconsistent with the City's Capital
Tassa~ara/Gleason Im rovement Pro ram for roadwa im rovements
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 2 of 14
MM 17.3.Sb and 17.3.6b: Fair share contribution to Improvement to be funded through payment of EDTIF
Hacienda/I580 EB OR fee.
MM 17.3.Sb and 17.3.6b: Fair share contribution to Improvement to be funded through payment of EDTIF
Hacienda/Dublin fee.
Responsible Agency: Planning
When required: Through construction and ongoing
7. Compliance with the Eastern Dublin Specific Plan General Plan Amendment EIR. As
required by the Site Development Review findings, the East County Hall of Justice project shall be
in compliance with the General Plan and Eastern Dublin Specific Plan, and therefore must also be
in compliance with the Eastern Dublin Specific Plan General Plan Amendment EIR and the
associated Mitigation Monitoring Program.
Responsible Agency: Planning
When required: Through construction and ongoing
8. Photovoltaic conduit installed. To ensure that the buildings are "PV/Solar Ready," the Project
Applicant will size the conduit pathways inside the buildings to accommodate installation for
potential future PV systems.
Responsible Agency: Planning/Building
When required: Through construction and ongoing
9. Review of DesignBuild drawings. The Project Plans have been acknowledged by the Applicant
to be conceptual only, and the County is pursing adesign/build approach to the development of the
project. In order for the City to ensure that the design build plans are in compliance with the
City's Site Development Review approval, once they are developed, the plans shall be submitted
to the City for review and comment by the Community Development Director or his/her designee.
The plans shall be submitted for review prior to issuance of a building permit through Alameda
County and prior to start of construction.
Responsible Agency: Planning
When required: Prior to issuance of a building permit through Alameda County and
prior to start of construction
10. Changes to Project Plans. A minor physical change to the approved building design, site or
building details (such as color or materials), or Project Plans can be considered by the Community
Development Director or his/her designee as a Site Development Review Waiver. Any
amendment to the approved plans which is not considered by the Community Development
Director to be a minor physical change shall be reviewed per Section 8.104.090 (Amendment) of
the Dublin Municipal Code, which would include full review and approval by the decision-making
body of the original application, in this case the City Council.
Responsible Agency: Planning
When required: Prior to the establishment of use and the building opening to serve
the public
11. Site Development Review Waiver for "Green Enhancements". The City supports the County's
efforts to achieve a LEED Silver certification for the project. Should the Applicant desire to
makes changes to the Project Plans to incorporate sustainable practices, such as the installation of
solar photovoltaic facilities, wind micro-turbines, the installation of a green roof, or other "green"
efforts, said changes to the Project Plans can be reviewed and approved by the Community
Development Director or his/her designee as a Site Development Review Waiver.
Responsible Agency: Planning
When required: Through construction and ongoing
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 3 of 14
12. Site Lighting. The Applicant shall shield the parking lot and site lighting to ensure that the light
is concentrated and focused on site and does not impact neighboring businesses or residents.
Responsible Agency: Planning
When required: Through construction and ongoing
13. Wind screen details. A natural wind break of mixed tree heights is shown on the plans on the
west side of the outdoor courtyard. During the design/build phase of the Project, the Applicant
could study the wind conditions and consider appropriate solutions to divert the wind and provide
a more comfortable courtyard seating area off the cafeteria. The design of any wind screen
structures will be reviewed and approved by the Community Development Director or his/her
designee prior to installation.
Responsible Agency: Planning
When required: Through construction and ongoing
14. Perimeter fencing details. In the design build phase of the Project, the Applicant will study the
overall perimeter site security fencing approach, and consulting with Alameda County Sheriff s
staff to develop a comprehensive security plan. The design of perimeter fencing will be reviewed
and approved by the Community Development Director or his/her designee prior to installation.
Responsible Agency: Planning
When required: Through construction and ongoing
15. Building and site signage. It is anticipated that low, monument-style signage will be installed at
the three main driveway entrances off Gleason Road.. Additionally, building signage will be
installed at the main building entrance on the single-story, east-facing portion of the building
leading to the security area (Similar to the signage shown in the graphic on Sheet 2 of the Project
Plan Set). No building signage is permitted on the south-facing elevation of the courthouse
building.
Responsible Agency: Planning
When required: Through construction and ongoing
16. Roof equipment. There shall be complete screening (with materials to match the buildings) of all
roof top elements such as mechanical penthouses and equipment from pedestrian and occupants'
view.
Responsible Agency: Planning
When required: Ongoing
City of Dublin Public Works Department
17. Final design and construction shall conform to the Project Plans dated November 23, 2009,
submitted by KMD Architects, stamped approved, and on file in the Planning Department
(hereinafter referred to as the "Project Plans").
Responsible Agency: Planning and Public Works
When required: Ongoing
18. The Applicant/Developer shall construct the following traffic improvements prior to the
establishment of use and the building opening to serve the public:
a. Modify Gleason Drive (project-specific improvement)
The existing median island on Gleason Drive (just west of Hacienda Drive) shall be modified
to provide an eastbound left-turn pocket lane into the site at the Hacienda Drive intersection.
The left-turn pocket lane shall be 200' long, 12' wide, and shall have a 90' transition taper.
Improvements shall include modifications as needed to the existing roadway striping and
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 4 of 14
signing, as well as modifications to the existing median landscaping, irrigation systems, street
lighting, and other facilities, as determined by the City Engineer.
~ Modify the northbound approach of Hacienda Drive (project-specific improvement)
The northbound approach of Hacienda Drive at the Gleason Drive intersection shall be
widened to provide the following lane configurations:
- 275' long, 11' wide left-turn pocket lane, plus 90' transition taper
- Two thru lanes, 11' wide each
- 4' wide bicycle lane
- 275' long, 12' wide right-turn lane, plus existing transition taper
Alternatively, the northbound approach of Hacienda Drive at the Gleason Drive
intersection could be widened to provide the following lane configurations if the proposed
inbound project driveway, opposite Hacienda Drive, is shifted easterly by a distance of
approximately 12 to 15 feet:
- 12' wide trap left-turn lane
- 12' wide thru lane
- 12' wide shared thru/right-turn lane
- 5' wide bicycle lane,
Improvements shall include modifications as needed to the existing roadway striping and
signing.
The raised median island on Hacienda Drive (just south of Gleason Drive) shall be
modified to accommodate the above improvements, including modifications to the existing
landscaping, irrigation systems, street lighting, and other facilities, as determined by the
City Engineer.
b. Modify Gleason/Hacienda traffic signal (project-specific improvement)
The existing traffic signal at the Gleason Drive/Hacienda Drive intersection shall be modified,
as needed, to accommodate the new fourth leg of the intersection, the new eastbound left-turn
lane, and the additional lanes at the northbound Hacienda Drive approach.
Responsible Agency: Public Works
When required: Prior to establishment of the use and the building opening to the
public
19. The Applicant/Developer shall submit final Improvement Plans, prepared by a licensed civil
engineer, for all work within the public right-of--way or easements, for review and approval by the
Director of Public Works. The improvement plan package shall include additional plan sets as
necessary for traffic signals, landscaping, joint trench, or other improvements as needed, prepared
by the appropriate licensed design professional.
Responsible Agency: Public Works
When required: Prior to start of construction of the improvements in the right of
way and prior to the building opening to the public.
20. Pursuant to Section 7.16.620 of the Dublin Municipal Code, the Applicant/Developer shall enter
into an Improvement Agreement with the City to guarantee completion of the required
improvements. The agreement and security shall be provided prior to issuance of an encroachment
permit for work in the public right-of--way, and prior to start of any work in the public right-of-
way. The Agreement will require an improvement security to be posted by the Applicant/
Developer's contractor to guarantee the faithful performance of the permitted work and the
payment for labor and materials. Such security shall be in the form of cash, a certified or cashier's
check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 5 of 14
surety authorized to do business in California. The amount of the Security guaranteeing faithful
performance shall be 100% of the estimated cost of the work. The amount of the Security
guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the work,
and all work completed in the public right of way shall be subject to the payment of prevailing
wages. The Applicant/Developer shall provide an estimate of these costs with the submittal of the
Improvement Plans.
In lieu of submitting a separate bond for the work in the public right-of--way, the contractor may
name the City of Dublin as being covered under a security provided to the Applicant/ Developer,
provided the scope and cost of the work in the public right-of--way are clearly defined and conform
to the approved cost estimate for the work.
Responsible Agency: Public Works
When required: Prior to start of construction of the improvements in the right of
way and prior to the building opening to the public.
21. The Applicant/Developer shall obtain an encroachment permit for all work within the public right-
of-way or easements, prior to the start of construction. All work within the public right-of--way
shall be subject to inspection by the Department of Public Works.
Responsible Agency: Public Works
When required: Prior to start of construction of the improvements in the right of
way and prior to the building opening to the public.
22. The Applicant/Developer shall be responsible for the cost of all plan review, permit, and
inspection costs incurred by the Department of Public Works for work within the public-right-of-
way or easements.
Responsible Agency: Public Works
When required: Ongoing
23. A 6' wide concrete sidewalk shall be installed along the Gleason Drive frontage of the project. The
sidewalk shall be extended easterly along the Gleason Drive frontage to connect with the existing
sidewalk near Madigan Road and shall be extended westerly to the terminus of the project site.
The new sidewalk shall be separated from the curb and have a 6' wide parkway strip in between.
The addition of a 6' wide landscaping/parkway strip will cut into the slope of the proposed berm
and will require an adjustment of the slope from 4:1 to 3:1. Alternatively, the
Applicant/Developer could consider a meandering sidewalk, and use the meanders to adjust the
sidewalk elevation and take up part of the grade difference along the berm. One of these
alternatives shall be reflected in the final improvement plans that are subject to review and
approval by the Director of Public Works, prior to the start of construction.
Responsible Agency: Public Works
When required: Prior to start of construction of the improvements in the right of
way and prior to the establishment of use and the building opening to serve the public.
24. A public access easement shall be dedicated for any portion of the sidewalk outside of the public
right of way.
Responsible Agency: Public Works
When required: Prior to the establishment of use and the building opening to serve
the public
25. The final design of the westbound bus stop on Gleason Drive shall be approved by the Livermore-
Amador Valley Transit Authority. The location of the bus stop may be modified by LAVTA,
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 6 of 14
subject to approval of the Director of Public Works, and shall contain a bus shelter, trash
receptacle, and appropriate lighting.
Responsible Agency: Public Works
When required: Prior to start of construction of the improvements in the right of
way and prior to the establishment of use and the building opening to serve the public
26. ADA-compliant ramps shall be provided at the three driveway entrances on Gleason Drive and all
interior intersections.
Responsible Agency: Public Works
When required: Prior to the establishment of use and the building opening to serve
the public
27. A traffic signal easement shall be dedicated to the City over the new southbound approach to the
Gleason Drive/Hacienda Drive intersection, of adequate size, as determined by the City Engineer,
to include all signal poles, conduit, pullboxes, detector loops, and other improvements.
Responsible Agency: Public Works
When required: Prior to establishment of the use and the building opening to the
public
Dublin San Ramon Services District (DSRSD)
The following conditions shall be complied with prior to establishment of use and the building
opening to serve the public to the satisfaction of Dublin San Ramon Services District (DSRSD),
unless another timeframe is specified in the condition:
28. Complete improvement plans shall be submitted to DSRSD that conform to the requirements of
the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications
and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable
DSRSD Master Plans and all DSRSD policies.
29. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in
addition to each development project's demand. Layout and sizing of mains shall be in
conformance with DSRSD utility master planning.
30. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system.
Pumping of sewage is discouraged and may only be allowed under extreme circumstances
following a case by case review with DSRSD staff. Any pumping station will require specific
review and approval by DSRSD of preliminary design reports, design criteria, and final plans and
specifications. The DSRSD reserves the right to require payment of present worth 20 year
maintenance costs as well as other conditions within a separate agreement with the applicant for
any project that requires a pumping station.
31. Domestic and fire protection waterline systems shall be designed to be looped or interconnected to
avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications
and sound engineering practice.
32. DSRSD policy requires public water and sewer lines to be located in public streets rather than in
off-street locations to the fullest extent possible. If unavoidable, then public sewer or water
easements must be established over the alignment of each public sewer or water line in an off-
street or private street location to provide access for future maintenance and/or replacement.
33. Prior to issuance of a Construction Permit by the Dublin San Ramon Services District or the
commencement of construction, the locations and widths of all proposed easement dedications for
water and sewer lines shall be submitted to and approved by DSRSD.
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 7 of 14
34. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered
to DSRSD or by offer of dedication.
35. Prior to issuance of a Construction Permit by the Dublin San Ramon Services District or the
commencement of construction, all utility connection fees including DSRSD and Zone 7, plan
checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge
permit shall be paid to DSRSD in accordance with the rates and schedules established in the
DSRSD Code.
36. Prior to issuance of a Construction Permit by the Dublin San Ramon Services District or the
commencement of construction, all improvement plans for DSRSD facilities shall be signed by the
District Engineer. Each drawing of improvement plans shall contain a signature block for the
District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to
approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an
engineer's estimate of construction costs for the sewer and water systems, a performance bond, a
one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts
and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for
final improvement drawing review by DSRSD before signature by the District Engineer.
37. No sewer line or waterline construction shall be permitted unless the proper utility construction
permit has been issued by DSRSD. A construction permit will only be issued after all DSRSD
fees have been paid.
38. The applicant 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.
39. Improvement plans shall include recycled water improvements as required by DSRSD. Services
for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of
the DSRSD Recycled Water Use Guidelines and conform to the requirements therein.
40. The proposed on-site fire line shall be dedicated to DSRSD by a Grant of Easement for operation
& maintenance.
41. If any trash enclosures are to be connected to the sanitary sewer, they must have a grease and sand
trap and the areas must be covered to prevent the entry of rainwater.
42. On-site sewer pipes shall have a 10-foot separation from the fire line. It is currently at 8 %z feet
separation between sewer pipes and fire water pipes.
43. Back flow prevention devices are not required on the recycled water system. Please remove the
back flow preventer that is downstream from the recycled water irrigation meter.
44. The project is located within the District Recycled Water Use Zone (Ord. 280), which calls for
installation of recycled water irrigation systems to allow for the future use of recycled water for
approved landscape irrigation demands. Recycled water will be available; as described in the
DSRSD Water Master Plan Update, September 2000. Unless specifically exempted by the District
Engineer, compliance with Ordinance 280, as may be amended or superseded, is required.
Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in
compliance with District's "Recycled Water Use Guidelines" and Dept. of Health Services
requirements for recycled water irrigation design.
45. The sewer line at the northwest corner of the building shall not cut across the fire water line.
Relocate the manhole to the north and divert the sewer from the trash enclosure area away from
the water line.
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 8 of 14
46. Plans shall show profile views for the fire water line.
Fire Prevention
47. Prior to the start of construction, plans shall be submitted to the Fire Department 'for review and
approval. These submittals shall include the following: building construction plans; exit plan; fire
flow calculation from California Fire Code Appendix III-A as well as available fire flow (this info
can be obtained from DSRSD); standpipe installation plans; fire sprinkler installation plans; fire
alarm installation plans. No work shall start on project until such time as the Fire Department has
approved the plans. All access roads and fire hydrants shall be in place and operational prior to the
start of vertical construction.
Responsible Agency: Fire
When required: Prior to the start of construction
Alameda County Flood Control and Water Conservation District (Zone 7)
48. Zone 7 records indicate there are no water wells or monitoring wells located within the project
boundaries. If any wells are found within the project limits, they should be reported to Zone 7.
All unused or abandoned wells must be properly destroyed. Any new planned well, soil boring, or
well destruction must be permitted by Zone 7 before starting the work. There are no fees for Zone
7 drilling permits.
Responsible Agency: Zone 7
When required: Ongoing
49. The Applicant/Developer shall comply with all ACFC&WCD (Zone 7) requirements and
applicable fees, unless otherwise approved by Zone 7 and/or the Director of Public Works.
Responsible Agency: Zone 7
When required: Ongoing
50. Improvements creating new impervious areas within the Livermore-Amador Valley are subject to
the assessment of the Development Impact Fee for Flood Protection and Storm Water Drainage.
Fees are dependent on whether post-project impervious area exceeds pre-project impervious area
and/or whether fees have previously been paid.
Responsible Agency: Zone 7
When required: Prior to construction
Dublin Police Services
The following conditions shall be complied with prior to the establishment of use and the building
opening to serve the public and maintained on an ongoing basis to the satisfaction of Dublin Police
Services:
51. The Applicant/Developer shall comply with all applicable City of Dublin Non Residential Security
Ordinance requirements.
52. Employee exit doors shall be equipped with 180-degree viewers if there is not a burglary resistant
window panel in the door from which to scan the exterior.
53. Exterior lighting is required over all doors. The applicant shall submit a final lighting plan for
approval by the Dublin Police. Lighting of all exterior areas shall be designed to maximize
surveillance and reduce conflicts with building design, mature landscaping, and to minimize glare.
54. Security lighting shall be provided in parking lot areas at 1.0 candle lights at ground level.
Lighting fixtures shall be of a vandal resistant type.
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 9 of 14
55. Landscaping features and outdoor amenities shall be designed to reduce their attractiveness to
skateboarders and vandals.
56. Exterior landscaping shall be kept at a minimal height and fullness giving patrol officers and the
general public surveillance capabilities of the area. Shrubs and ground cover shall not directly
cover windows and doorways. River rock used near parking lots or commercial buildings shall be
permanently affixed.
57. All entrances to the parking areas shall be posted with appropriate signs per Sec. 22658(a) of the
California Vehicle Code, to assist in removing vehicles at the property owner's/manager's request.
58. The ApplicantlDeveloper shall keep the site clear of graffiti vandalism on a regular and continuous
basis at all times.
59. The perimeter of the site shall be fenced during construction, and security lighting and patrols shall
be employed as necessary. The Applicant/Developer shall provide after hours call-out information
to Police Services on an "Emergency Response Form." All information shall be kept current and
up to date.
Landscapes
60. Ensure that the ground cover material on the northernmost 120 feet of the median between the
main entrance and exit drive close to the ground and does not achieve height over 30 inches. A
low-lying cover will ensure that visibility is not obstructed. Installing hardscape (i.e. river rock or
other decorative paving) in this area would also be acceptable and would guarantee that landscape
does not grow to a height to compromise traffic safety.
Responsible Agency: Planning
When required: Prior to the establishment of use and the building opening to serve
the public
61. The adopted Emerald Park Streetscape Design Guidelines for the current and former Alameda
County Surplus Property Authority land (of which this parcel is a part) include design items that
have not yet been integrated into the Project Landscape Plans. The Streetscape plans show a
separated sidewalk along Gleason Drive and the Cinnamomum camphora (Camphor Tree) as the
approved street tree. The Applicant/Developer will need to revise the Project Plans to show a
separated sidewalk along the entirety of the Gleason Drive frontage. In the Emerald Park
Streetscape Design Guidelines, a 13' wide parkway strip is shown. However, Staff is willing to
accept a smaller 6' parkway strip between the street and the 6' wide sidewalk in the interests of
retaining as much of the adjacent berm and bio-swale as possible. In this strip, the approved street
tree Cinnamomum camphora (Camphor Tree) shall be planted along with the appropriate
groundcover. These modifications to the Project Plans shall be made before an encroachment
permit can be issued.
Responsible Agency: Planning
When required: Prior to the issuance of an encroachment permit and prior to the
establishment of use and the building opening to serve the public
62. The Landscape Plans must be reviewed and approved by DSRSD, as some of the plant material
illustrated may not be suited for irrigation with reclaimed water. DSRSD review and approval
must be completed prior to installation of the plants.
Responsible Agency: DSRSD
When required: Prior to installation of the plant material
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 10 of 14
Public Works Standard Conditions of Approval. The City of Dublin Public Works Department is the
Responsible Agency for all of the following conditions.
GENERAL:
63. The Developer shall comply with the City of Dublin Zoning and Grading Ordinances, the City of
Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in
effect at the time of construction. All public improvements constructed by Applicant/Developer
and to be dedicated to the City are hereby identified as "public works" under Labor Code section
1771. Accordingly, Developer, in constructing such improvements, shall comply with the
Prevailing Wage Law (Labor Code. Sects. 1720 and following).
64. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its
agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or
its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of
Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community
Development Director, Zoning Administrator, or any other department, committee, or agency of
the City to the extent such actions are brought within the time period required by Government
Code Section 66499.37 or other applicable law; provided, however, that the ApplicantlDeveloper'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 cooperation in
the defense of such actions or proceedings.
65. Review and inspection of improvements by the Public Works Department shall be limited to
improvements located within the public right-of--way or easements dedicated to the City of Dublin.
The following standard conditions of approval shall apply only to those improvements located
within the public right-of--way or easements. The Public Works Department shall not have
jurisdiction over design and construction of improvements located within County property. The
County shall be responsible for ensuring that all improvements on County property are constructed
in conformance with the approved Site Development Review and in conformance with any
applicable codes, ordinances, or laws. In the event of conflict between these standard conditions
and the project specific conditions of approval, the project specific conditions shall apply.
SUBMITTALS:
66. All submittals of plans shall comply with the requirements of the "City of Dublin Public Works
Department Improvement Plan Submittal Requirements", and the "City of Dublin Improvement
Plan Review Check List".
67. The Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of
all participating non-City agencies. The Alameda County Fire Department and the Dublin San
Ramon Services District shall approve and sign the Improvement Plans.
68. Applicant/Developer shall submit a Geotechnical Report, which includes street pavement sections.
69. Applicant/Developer shall provide the Public Works Department a digital vectorized file of the
"master" files for the project when the final site plan has been approved. Digital raster copies are
not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format.
Drawing units shall be decimal with the precision of the Final Map. All objects and entities in
layers shall be colored by layer and named in English. All submitted drawings shall use the Global
Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot.
GRADING PLANS:
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 11 of 14
70. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report
and the approved Site Development Review. A detailed Erosion Control Plan shall be submitted
prior to start of construction. On-site grading and erosion control plans will not be submitted to the
Public Works Department for review, except as needed to ensure conformance with improvements
in the public right-of--way or easements.
IMPROVEMENTS
71. The public improvements shall be constructed generally as shown on the Project Plans dated
November 23, 2009. However, the approval of the Site Development Review is not an approval of
the specific design of the drainage, sanitary sewer, water, traffic circulation, and street
improvements.
72. All public improvements shall conform to the City of Dublin Standard Plans and design
requirements and as approved by the City Engineer.
73. The Applicant/Developer shall install all traffic signs and pavement marking as required by the
City Engineer.
74. Applicant/Developer shall construct all potable and recycled water and sanitary sewer facilities
required to serve the project in accordance with DSRSD master plans, standards, specifications
and requirements.
75. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised
reflector blue traffic marker shall be installed in the street opposite each hydrant.
76. Street light standards and luminaries shall be designed and installed per approval of the City
Engineer. The maximum voltage drop for streetlights is 5%.
77. Two empty 3" conduits with pull ropes, to accommodate future extension of the traffic
interconnect system and for School District uses, shall be installed along any project arterial street
frontage. The extent of this work to be determined by the City Engineer.
78. Street trees, of at least a 24" box size, shall be planted along the street frontages. The varieties and
locations of the trees to be approved by the Community Development Director and City Engineer.
79. Applicant/Developer shall construct gas, electric, cable TV and communication improvements as
necessary to serve the project and the future adjacent parcels as approved by the City Engineer and
the various Public Utility agencies.
80. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the
City policies and ordinances. All utilities shall be located and provided within public utility
easements and sized to meet utility company standards.
81. All utility vaults, boxes and structures, unless specifically approved otherwise by the City
Engineer, shall be underground and placed in landscape areas and screened from public view. All
utility vaults, boxes and structures shall be shown on landscape plans and approved by the City
Engineer and Community Development Director prior to construction.
CONSTRUCTION:
82. The Erosion Control Plan shall be implemented between October 15th and April 15th unless
otherwise allowed in writing by the City Engineer. The Applicant/Developer will be responsible
for maintaining erosion and sediment control measures for one year following completion of
construction. The County shall be responsible for maintaining adequate erosion control measures
within the County property, although these measures will not be subject to inspection by the Public
Works Department.
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 12 of 14
83. If archaeological materials are encountered during construction, construction within 100 feet of
these materials shall be halted until a professional Archaeologist who is certified by the Society of
California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an
opportunity to evaluate the significance of the find and suggest appropriate mitigation measures.
84. Construction activities, including the maintenance and warming of equipment, shall be limited to
Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m.
except as otherwise approved by the City Engineer. The City Engineer will consider requests for
work outside of these hours on a case-by-case basis (but shall not be approved for work on
Sundays) and advance notice must be provided to nearby residential properties in compliance with
standard City policy. Approval of the request will be consistent with standard City policy and will
not be unreasonably withheld.
85. Applicant/Developer shall prepare a Construction Noise Management Plan, to be approved by the
City Engineer and Community Development Director, which identifies measures to be taken to
minimize construction noise on surrounding developed properties. The Plan shall include hours of
construction operation, use of mufflers on construction equipment, speed limit for construction
traffic, haul routes and identify a noise monitor. Specific noise management measures shall be
included in the project plans and specifications.
86. Applicant/Developer shall prepare a plan for construction traffic interface with public traffic on
any existing public street. Construction traffic and parking may be subject to specific
requirements by the City Engineer.
87. The Applicant/Developer shall be responsible for controlling any rodent, mosquito, or other pest
problem due to construction activities.
88. The Applicant/Developer shall be responsible for watering or other dust-palliative measures to
control dust as conditions warrant or as directed by the City Engineer.
WATER QUALITY.•
89. The Applicant/Developer shall provide to the City the final grading and improvement plan
showing conformance to Section C.3 of the latest stormwater permit issued to the City by the San
Francisco Bay Regional Water Quality Control Board. The plans shall show how the various
portions of the site are treated, illustrate the connection points of the bio swales to the storm
drainage system, and illustrate the means of treating roof runoff. The Applicant shall provide
copies of the plans showing post-construction stormwater measures and shall execute apost-
construction maintenance agreement with the City to ensure long term maintenance and
functionality of the system.
90. Prior to any clearing or grading, the Applicant/Developer shall provide the City evidence that a
Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the
requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall
be provided to the Public Works Department and be kept at the construction site.
91. The Storm Water Pollution Prevention Program (SWPPP) for the operation and maintenance of
the project shall identify the Best Management Practices (BMPs) appropriate to the project
construction activities. The SWPPP shall include the erosion control measures in accordance with
the regulations outlined in the most current version of the ABAG Erosion and Sediment Control
Handbook or State Construction Best Management Practices Handbook.
92. The ApplicantlDeveloper is responsible for ensuring that all contractors implement all storm water
pollution prevention measures in the SWPPP.
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 13 of 14
93. The Public Works Department will be responsible for reviewing the SWPPP and erosion control
measures for any work located within the public right-of--way or easements. The County shall be
responsible for maintaining on-site measures in conformance with applicable State and Federal
laws regarding nonpoint stormwater quality.
Exhibit A-1 to the ECHOJ City of Dublin/Alameda County Agreement Page 14 of 14