HomeMy WebLinkAbout4.07 PFRS Dub Ease Sr Ctr CITY CLERK
File # UL~L~----]-~ el
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 18, 2003
SUBJECT: Agreement Regarding Easement with PFRS Dublin Corp. for
Vehicular Access to New Senior Center and Housing Site
Report Prepared by: Janet Harbin, Senior Planner ~
ATTACHMENTS: 1. Resolution approving Agreement Regarding Easement with
attached Access Easement Agreement
2. Proposed Agreement Regarding Easement with attached
Access Easement Agreement
3. Site and Improvement Plan
4. Resolution No. 4-02 Approving Site Development Review
and Specific Plan Amendment for the Target Store
Expansion with attached approved conditions for PA 01-025
RECOMMENDATION: ~X~ Adopt Resolution approving the Agreement Regarding Easement
with attached Access Easement Agreement
FINANCIAL STATEMENT: The Agreement includes a financial obligation to the City of $1,000
per year towards the maintenance of the easement. The costs of the
construction of the necessary public improvements and the vehicular
access to the Senior Center/Housing site has not yet been
determined, but will be conveyed to the City Council at a later date
when it is included in the Senior Center/Housing's project budget.
DESCRIPTION:
On January 15, 2002, the City Council adopted Resolution No. 4-02, approving the Site Development
Review and Downtown Core Specific Plan Amendment (PA 01-025) for the 15,000 square foot expansion
of the Target store at 7200 Amador Plaza Road in the Dublin Place Shopping Center (see Attachment 4).
In addition to the building expansion, upgrades to the parking lot, landscaping, and facade were also to be
completed over the next year. The property is currently owned by the PFRS Dublin Corporation, and
construction has begun on the Target building expansion and site improvements.
Due to the future use of the adjacent Alameda County Library site as the new Dublin Senior Center and
Senior Housing Project site (see Site and Improvement Plan, Attachment 3), the City required the PFRS
Dublin Corporation to provide a vehicular accessway or driveway between the two sites to improve
circulation through a Condition of Approval for the Site Development Review and Specific Plan
Amendment for the Target Store expansion (see Attachment 4, Condition 31). This Condition of
.............................................................................................................
COPIES TO:
ITEM NO. ~
g:~PA\2001\PA O l-025\CC-sr AccessAgreement.doc // ~
Approval mandates that the property owner enter into an agreement to, '~provide for a public vehicle
accessway between the existing Dublin Library site and the adjacent northeast parking area of the Target
Store site," and, "to allow the City to reconfigure and/or improve parking stall and associated landscaped
islands in that portion of the parking area at the City's cost as part of a future conversion of the Library to
another civic use." According to the approved Condition, this access right was to be granted in the form
of an easement.
The proposed Agreement Regarding Easement with the attached Access Easement Agreement in
Attachment 2 fulfills Condition #31 of PA 01-025 as it requires the property owner (PFRS Dublin Corp.)
and tenant (Target Corporation) to grant an easement to the City of Dublin when the City acquires the
Library property from Alameda County upon completion of the new Library at the Civic Center. The
easement will alloxv the City to provide a vehicular accessxvay and a pedestrian walkway to the proposed
Senior Center and Housing project site from the signalized intersection at Amador Valley Boulevard and
Donohue Drive (see Site and Improvement Plan in Attachment 3).
Presently, there is only one direct access point to the site from the eastbound direction of Amador Valley
Boulevard in the westerly portion of the library site. The new accessway will provide an alternate
vehicular and pedestrian access to the new senior center and the housing proposed on the site. The
Agreement would also allow a portion of the Target Store parking area to be used for overflow parking on
an as needed basis for events at the Senior Center.
FINANCIAL CONSIDERATIONS:
The cost of the construction of the necessary public improvements and the vehicular access to the Senior
Center/Housing site has not yet been determined, but will be conveyed to the City Council at a later date
~vhen it is included in the Senior Center/Housing's project budget. There is no up-front cost to the City
for acquiring the Easement; however, the PFRS Dublin Corporation has requested that the City pay
$1,000 per year in maintenance costs for the driveway, lighting facilities and landscaping of the Access
Easement area. This cost will be included in the maintenance budget for the Senior Center and Housing
Project site. The Easement will terminate when the City no longer uses the Senior Center site for civic
purposes.
RECOMMENDATION: Staff recommends that the City Council adopt the Resolution (Attachment 1)
approving the Agreement Regarding Easement with attached Access Easement Agreement between the
City of Dublin and the PFRS Dublin Corporation (Attachment 2).
RESOLUTION NO. - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT REGARDING EASEMENT WITH PFRS DUBLIN CORP. AND
THE CITY OF DUBLIN FOR A VEHICULAR ACCESS EASEMENT AGREEMENT FOR THE
NEW SENIOR CENTER AND HOUSING PROJECT SITE
WHEREAS, the PFRS Dublin Corporation is the owner of certain parcels in the Dublin Place
Shopping Center located between Dublin Boulevard and Amador Valley Boulevard at Amador Plaza
Road, shown in Exhibit A to the Agreement Regarding Easement entered into by the PFRS Dublin
Corporation and the City of Dublin for a vehicular and pedestrian access easement agreement for the new
Senior Center and Housing Project site; and
WHEREAS, the Target Corporation leases a portion of the property owned by PFRS Dublin
Corporation in the Dublin Place Shopping Center at 7200 Amador Plaza Road and is in the process of
building expansion, subject to the Conditions of Approval for Site Development Review PA 01-025,
approved by the Dublin City Council on January 15, 2002; and
WHEREAS, the Agreement Regarding Easement with PFRS Dublin Corporation and the City of
Dublin for the vehicular and pedestrian access easement for the new Senior Center and Housing project
site fulfills the requirements of Condition #31 of the said Conditions of Approval for Site Development
Review for the Target Store expansion, which states the property owner must enter into an agreement with
the City of Dublin "to provide for a public vehicle accessway between the existing Dublin Library site and
the adjacent northeast parking area of the Target Store site, "and, "to allow the City to reconfigure and/or
improve parking stall and associated landscaped islands in that portion of the parking area at the City's
cost as part of a future conversion of the Library to another civic use"; and
WHEREAS, the vehicular and pedestrian access right' was to be granted in the form of an
easement as stimulated by Condition #31 of the Conditions of Approval for PA 01-025, and is contained
in the Access Easement Agreement in Exhibit C of the Agreement Regarding Easement; and
WHEREAS, the PFRS Dublin Corporation has agreed to allow the City use of said access
easement, parking stalls and landscaping islands for the purposes of providing vehicular and pedestrian
access, parking, and landscaping, as shown in Exhibit D of the Agreement Regarding Easement, for the
new Senior Center and Senior Housing project within the property owned by the PFRS Dublin
Corporation; and
WHEREAS, the PFRS Dublin Corporation is agreeable to such use so long as the City improves
and operates such facilities in a manner that minimize the impacts on the basic retail operations within the
Dublin Place Shopping Center and the Target Store; and
WHEREAS, the PFRS Dublin Corporation is agreeable to such use so long as the City holds the
property owner free from all liability and claims for damage in accordance with said Access Easement
Agreement contained in Exhibit C, and pays the agreed upon yearly maintenance fee stated in the
Agreement.
1 ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement Regarding Easement with the attached Access Easement Agreement
between the PFRS Dublin Corporation and the City of Dublin, and authorizes the Mayor to execute same.
BE IT FURTHER RESOLVED that the Mayor is attthorized to execute the agreement.
PASSED, APPROVED AND ADOPTED this 18th day of March 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G2PA\2001LPA 01-025\CC-RESO AccessAgrmt.doc
2 ATTACHMENT 1
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Faegre & Benson, LLP
90 South Seventh Street
2220 Wells Fargo Center
Minneapolis, MN 55402-3901
Attention: Kelly L. Tickle
(Space Above This Line For Recortler's Use)
AGREEMENT REGARDING EASEMENT
(Dublin, California)
This Agreement Regarding Easement (this "Agreement") dated as of January __, 2003,
is entered into by and among PFRS Dublin Corp., a Michigan corporation _("PFRS"), Target
Corporation, a MinnesOta corporation ("Target"), and the City of Dublin, a California
municipal corporation (the "City"). PFRS, Target and the City shall sometimes be referred
to herein as a "Party" and together as the "Parties."
RECITALS:
1. PFRS is the fee owner of that certain parcel of land situated in Dublin,
California, being more particularly described on Exhibit A attached hereto, and which is
identified as the "PFRS Tract" on the site plan (the "Site Plan") attached hereto as
Exhibit B.
2. PFRS leases portions of the PFRS Tract to Target pursuant to that certain
Lease Agreement dated April 19, 1978, as amended, and Target owns and operates a Target
store on the PFRS Tract.
3. The City holds the purchaser's interest in a certain Transfer of Ownership
Agreement (the "Underlying Contract") dated September 7, 1999 between the City and the
County of Alameda, California ("Fee Owner"), providing the City .with the exclusive right
to purchase a certain tract of land consisting of approximately two acres located adjacent to
the PFRS Tract and which is identified as the "County Tract" on the Site Plan.
4. Target desires to renovate and expand certain improvements on the PFRS
Tract (the "Target Renovation"), and PFRS and the City have consented to and approved the
Target Renovation. As a condition of its approval, the City has required PFRS and Target to
grant to the City, at such time the City acquires fee title to the County Tract, an easement for
vehicular and pedestrian ingress and egress for the benefit of the County Tract.
NOW, THEREFORE, in consideration of the City's approval of the Target
Renovation and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, PFRS, Target and the City agree and covenant as follows:
1. The recitals set forth herein are true and correct and incorporated herein by
this reference.
2. Defined Terms. As used herein, the following terms shall have the meaning
set forth below:
2.1 The Access Easement. The Access Easement Agreement subStantially
in the form of.Exhibit C attached hereto. ...
2.2 Title Company. Chicago Title Insurance Company with an address of
Minneapolis Commercial Center, 222 South 9th Street, Suite 3250, Minneapolis, Minnesota
55402, Attention: Genevieve Rousseau.
3. Delivery of ExecUted Access Easement. The City shall provide to PFRS and
to Target written notice of the date (the "Closing Date") on which the City acquires fee title
to the County Tract from the Fee Owner pursuant to the Underlying Contract (the "Closing
Notice"). Within thirty (30) days after receipt of the Closing Notice, PFRS and Target shall
each execute four (4) original counterparts of the Access Easement and deliver such originals
of the Access Easement, together with their respective escrow instruction letters, to the Title
Company. The Title Company shall record the Access Easement and distribute original
copies of the same to PFRS, Target and the City pursuant to PFRS' and Target's joint escrow
instructions.
4. Conditions Precedent in Favor of PFRS and Targe.t.. The obligations of PFRS
and Target under this Agreement are each contingent upon the occurrence of the following as
of the Closing Date:
4.1 The City's intended use of the County Tract has not materially changed
fi:om the use described in the Access Easement.
2
The foregoing condition is specifically stated and are for PFRS' and Target's sole and
exclusive benefit. PFRS and Target shall each have the right to waive any or all of such
conditions in its sole discretion.
5. Costs and Expenses. Each Party will pay its own attorneys' fees. Target shall
pay all recording and escrow costs with respect to the recording of the Access Easement.
6. Termination. In the event the Closing Date does not occur prior to
December 1, 2003, this Agreement shall automatically terminate and be of no further force or
effect and all Parties hereto shall be released from all further obligations under this
Agreement.
7. Notices. Any notice, consent, waiver, request or other communication
required or provided to be given under this Agreement shall be in writing and shall be
sufficiently given and shall be deemed given when delivered personally or when mailed by
certified or registered mail, return receipt requested, postage prepaid, or when dispatched by
nationally recognized overnight delivery service, in any event, addressed to the party's
address as follows:
To PFRS: PFRS Dublin Corp.
c/o Capozzoli Advisory for Pensions, Inc.
21500 Haggerty Road, Suite 100
Northville, Michigan 48167
Atto: Randal Potterf
Copy to: McNichols Randick O'Dea & Tooliatos, LLP
5000 Hopyard Road, Suite 400
Pleasanton, California 94588
Atto: Don O'DelI
To Target: Target Corporation
Property Development
Atto: Property Administration "
1000 Nicollet Mall
Minneapolis, Minnesota 55403
Copy to: Faegre & Benson LLP
2200 Wells Fargo Center
90 So. 7th St.
Minneapolis, MN 55402
Attn: Kelly Tickle
To City: City of Dublin
I00 Civic Plaza
Dublin, CA 94568
Atto: City Manager
3
Copy to: City of Dublin
100.Civic Plaza
Dublin, CA 94568
Attn: City Attorney
or to such party at such other'address as such party, by ten (10) days prior written notice
given as herein provided, shall designate, provided that no party may require notice to be
sent to more than two (2) addresses. Any notice given in any other manner shall be effective
only upon receipt by the addressee.
8. Miscellaneous.
8.1 Entire Agreement; Modification. This Agreement embodies the entire
agreement and understanding among PFRS, Target and the City, and supersedes any prior
oral or written agreements, relating to the Access Easement. This Agreement may not be
amended, modified or supplemented except in a writing executed by PFRS, Target and the
City. No term of this Agreement shall be waived unless done so in writing by the party,
benefited by such term.
8.2 Governing Law. This Agreement shall be construed under and
governed by the laws of the State of California.
8.3 Construction. The rule of strict construction shall not apply to this
Agreement. This Agreement shall not be interpreted in favor of or against PFRS, Target or
the City merely because of their respective efforts in preparing it.
8.4 Captions, Gender, Number and Language of Inclusion. The article and
section headings in this Agreement are for convenience of reference only and shall not
define, limit or prescribe the scope or intent of any term of this Agreement. As used in this
Agreement, the singular shall include the plural and vice versa, the masculine, feminine and
neuter adjectives shall include one another, and the following words and phrases shall have
the following meanings: (i) "including" shall mean "including but not limited to,"
(ii) "applicable taw" shall mean "all applicable federal, state, county, municipal, local or
other laws, statutes, codes, ordinances, rules and regulations," and (iii) "substantiallY in the
form" shall mean in the form of the applicable attached documents, together with such
modifications thereto as shall be acceptable to PFRS and to Target in their discretion
provided that no such modification shall impose any materially greater obligation on, or
materially impair any right of the City without the City's approval.
8.5 Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be an original, but all of which together shall constitute one
instrument.
4
SIGNATURE PAGE
FOR
AGREEMENT REGARDING EASEMENT
PFRS, Target and the City have caused this Agreement to be executed and delivered as of
the date first above written.
PFRS Dublin Corp., a Michigan corporation
Y: . -, '
Target Corporation, a Minnesota corporation
Its: //") 5P?o~? A. ;'~!.;:.~or~
City of Dublin, a California municipal
corporation
By:
Its:
ATTEST:
By:
Kay Keck, City Clerk
APPROVED AS TO FORM:
By:
Elizabeth Silver, City Attorney
STATE OF MICHIGAN )
o,¢~4/2 ) ss.
COUNTY OF ~ )
. ./ On this ~ day of 'J'~{JJ¢~ ,200-~ before me,
/57~4-P/3 &*~ ~9". ~.;.,~7'} the undersigned Notary Public, personally appeared
~.r, ¢. 75. 'T't~ ~,~?,o.~,-, personally known to me (or proved to me on the basis of
satisfactory evidencei to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seat.
Notary Public
STATE OF MINNESOTA ) ~~
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this c;~"7 day of~t~_,
20(~, by~~the ~1.1~
corporation, on behalf of said corporation.,
.... 12'-~-~"' ~2'"~ -~--'~T---'-'~
~otau Public
My comssion expires:
6
STATE OF CALIFORNIA )
) SS.
COUNTY OF ALAMEDA )
On this __ day of .., 2002, before me,
, the undersigned Notary Public, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the perSon(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
MI :874341.08
EXHIBIT A
Legal Description of PFRS Tract
'REAL PROPERTY in the City of Dublin, County of Alameda, State-of California,
described as follows:
Parcel C, of Parcel Map 2622, filed September 25, 1978, in Book 105, of Maps, Pages 52
and 53, Alameda County Records.
A.P. No. 941-305-29-2
Parcel 3, of Parcel Map 6748, filed February 3, 1995, in Book 216, of Maps, Page 49,
Alameda County Records
A.P. No. 941-305-40
Parcel 1, of Parcel Map 6748, filed February 3, 1995, in Book 216, of Maps} Pages 49,
Alameda County Records
A.P..No. 941-305-38
Parcel B, of Parcel Map 2622, filed September 25, 1978, in Book 105, of Maps, Pages 52
and 53, Alameda County Records.
A.P. No. 941-305-28
A non-exclusive easement for ingress and egress, pedestrian and vehicular traffic,
utilities, and for parking 9f vehicles over Parcels A, C, and E inclusive, as shown on
Parcel Map 2622 filed for record on September 25, 1978 in Book 105 of Maps, Pages 52
and 53, Alameda County Records, as set forth in that certain Restatement and
Amendment #1 to Declaration of Restrictions and Grant of Easements recorded May 1,
1979, Instrument No. 79-081716, Alameda County Records.
A-1
EXHmIT B - Site Plan
MAP 941 PARGEL MAP 52:l(~a~oiPg.ag) ,,. B M.~
DOUGHERTY R~CH-~D~ PLOT ~
P~CEL MAP 3~5 {m~4~,~o) RM.
g00~-g00~ 'V3 'epamely g-1
EXHIBIT C
Form of Access Easement
RECORDING REQUESTED BY AND
WI-tEN RECORDED RETURN TO:
Faegre & Benson, LLP
90 South Seventh Street
2220 Wells Fargo Center
Minneapolis, MN 55402-3901
Attention: Kelly L. Tickle
(Space Above Tius ! ,me For Recor0er's Use)
ACCESS EASEMENT AGREEMENT
(Dublin, California)
THIS ACCESS EASEMENT AGREEMENT (this "Agreement") is made
as of the __ day of ., 2002, by and among PFRS Dublin Corp., a Michigan
corporation ("PFRS"), Target Corporation, a Minnesota corporation ("Target"), and the City
of Dublin, a California municipal corporation (the "City"). PFRS, Target and the City shall
sometimes be referred to herein as a "Party" and together as the "Parties."
RECITALS:
A. PFRS is the owner of that certain parcel of land situated in Dublin,
California, being more particularly described on Exhibit A attached hereto, and which is
identified as the "PFRS Tract" on the site plan (the "Site Plan") attached hereto as
EXhibit C. The PFRS Tract is part of the Dublin Place Shopping Center (the "Shopping
Center").
B. The PFRS Tract is subject to that certain Restatement and _
Amendment #t to Declaration of Restrictions and Grant of Easements, dated as of
January 30, 1979, recorded on May 1, 1979 in the Official Records of Alameda County,
California as instrument number' 79-081716, as amended by that certain Amendment #2 to
Declaration of Restrictions and Grant of Easements, dated as of November 1, 1993, recorded
on August 10, 1994 in the aforesaid records as instrument number 94-275684, as further
amended by that certain Amendment #3 to Declaration of Restrictions and Grant of
Easements dated as of December 21, 2000, recorded on April 6, 2001 in the aforesaid records
as instrument number 2001116726 (collectively, the. "Declaration").
C. PFRS leases portions of the PFRS Tract to Target pursuant to that certain Lease
Agreement dated April 19, 1978 recorded in the Official Records of Alameda County on
April 28, 1978, in Reel 5367, Image 5666, as Instrument 78-078389, as amended by a letter
agreement dated May 9, 1978, as further amended by a Certificate of Lease and
Supplemental Agreement dated August 14, 1978, as further amended by that certain
Amendment N°. 3 to Lease dated April 26, 1979, as'further amended by that certain
Amendment No. 4 to Lease dated May 12, 1987, and as further amended by that certain
Amendment No. 5 to Lease dated January ,2003 (collectively, the "Target Lease"), and
Target owns and operates a Target store thereon.
D. The City is the owner of that certain parcel of land situated adjacent.to
the PFRS Tract, being more particularly described on .Exhibit B attached hereto, and which
is identified on the Site Plan as the "City Tract".
E. PFRS, with Target's consent, has agreed to grant to the City an
easement for pedestrian and vehicular ingress and egress for the benefit of the City Tract at
the location designated on the Site Plan (the easement is hereinagter referred to as the
"Access Easement Area").
NOW, THEREFORE, for Ten Dollars ($10.00) payable to PFRS and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, PFRS, Target and the City agree and covenant as follows:
Section 1. Grant of Easement.
A. PFRS, with Target's consent, hereby grants, bargains, sells and
quitclaims to the City, as owner of the City Tract, and to the employees, residents and
invitees of the senior citizen community center located or to be constructed on the City Tract
("Permitees") a non-exclusive easement and right of way, in common with PFRS, Target and
others now or hereafter entitled to use the same, upon and across the Access Easement Area
as identified on the Site Plan for the purpose of vehicular ingress and egress to and from the
City Tract; provided, however, this grant of easement shall in no event be construed to create
any fights to park motor vehicles upon any portion of the Access Easement Area and the City
shall be required to post signage on the Access Easement inthe locations designated on the
Site Plan stating that "Parking is for Dublin Place Shopping Center (or new name of center,
as appropriate) customers only." The easement established herein shall be appurtenant to
and for the benefit of the City Tract.
C-2
B. PFRS, with Target's consent, hereby grants to the City a license to
enter onto the PFRS Tract as is reasonably necessary for the sole purpose of constructing the
Improvements (as defined in Section 4.A below), in accordance with the terms of Section 4
hereof. The foregoing license shall expire upon completion of construction of the
Improvements.
Section 2. Easement Use.
A. Subject to the terms of this Agreement, the Permitees shall have the
fight to use the Access Easement Area for the passage of pedestrians and vehicles to and
from the senior citizen community center located or to be constructed on the City Tract from
and after the date the City substantially completes the Improvements described in Section 4
herein.
B. The term of this grant of easement shall commence as of the effective
date specified above and unless terminated earlier, shall expire on the date the City ceases to
use the City Tract for the purposes described in Section 2.A, above.
C. PFRS and Target shall each have the fight to erect temporary barricades
across the Access Easement Area whenever necessary to (i) repair, replace or maintain the
AcceSs Easement Area, (ii) construct, repair, replace or maintain improvements upon other
portions of the PFRS Tract, or (iii) prevent the acquisition of prescriptive easement rights by
anyone. PFRS and Target agree that prior to taking any action with respect to a closure
permitted above, it shall give five (5) days' written notice to the City of its intention to do so
and shall attempt to coordinate such closure with the City, if possible, so that no
unreasonable interference in the passage of pedestrians or vehicles shall occur.
D. PFRS reserves the right to relocate, at its own cost, the Access
Easement Area. Such relocated area may vary in width, but shall not be less than what is
necessary to reasonably accommodate two-way vehicular traffic movements, and shall
provide a reasonably direct route between the City Tract and Amador Valley Boulevard.
Upon completion of such relocation or as soon thereafter as is reasonably possible, PFRS
shall file an affidavit referring to this Agreement and stating the new legal description of the
relocated portion of the AcceSs Easement Area.
E. The City acknowledges that the Access Easement Area has been hard
surfaced and is currently used by Target and others. During the term of and pursuant to the
Target Lease, PFRS agrees to cause the Access Easement Area to be maintained in a
condition substantially equal to that existing on the effective date of this Agreement, and the
City agrees that such maintenance standard is acceptable to it.
C-3
Section 3. Annual Contribution.
The City agrees to pay to PFRS as a contribution towards the maintenance of the
driveway, lighting facilities and landscaping within the Access Easement Area the sum of One
Thousand Dollars ($1,000.00) per year (subject to adjustment as hereinafter provided), in
advance, commencing on 1, 2003. The annual contribution shall be increased,
commencing on 1, 2004 and each year thereafter, to an amount equal to 105% of the
annual contribution for the prior year. In the event the City shall fail to make its annual
contribution on or before the due date and the City shall not remedy such failure within ten (10)
days after written notice, then upon the expiration of such 10-day period, the City hereby grants
to PFRS the right to place a lien on and against the City Tract in an amount equal to the amount
by which the City is in arrears, plus alt costs incurred by PFRS to enforce its rights and the
contribution hereunder, plus interest on such amounts owed at the highest rate permitted by law
or 12%, whichever interest rate is lower, and the City hereby acknowledges and agrees that such
lien may be foreclosed or otherwise enforced in accordance with applicable law.
Section 4. Construction of Improvements.
A: Subject to the terms of this Section 4, the City shall have the right but
not the obligation, at its sole cost and expense, to construct certain improvements within the
Access Easement Area, which improvements shall consist of the construction of a curb cut
from the Access Easement Area to the City Tract and the reconfiguration and/or
improvement of parking stalls and landscaped islands within the portion of the Access
Easement Area designated as the "Improvements Area" on the Site Plan (collectively, the
"Easement Improvements"). Not more than one (1) curb cut shall be constructed,
maintained or used by the City between the Access Easement Area and the City Tract, and
unless written consent by Target and PFRS are given, no curb cut shall exceed thirty-two
(32) feet in width. The curb cut shall initially be established in the location depicted on the
Site.
B. If the City elects to construct the Easement Improvements, the City
shall be obligated to reconfigure and improve the portion of parking lot in the northwest
comer of the PFRS Tract in strict accordance with the parking area improvement layout
attached hereto as Exhibit D (the "Parking Improvements"). The Easement Improvements
and the Parking Improvements are sometimes collectively referred to herein as the
"Improvements."
C. Once the City commences construction of the Easement Improvements,
the City shall diligently pursue the construction of the Easement Improvements and the
Parking Improvements to completion; provided, however, that no such work shall occur
during the months of October, November, December or January. All such work shall be
conducted in the most expeditious manner reasonably possible to minimize the interference
with Target's conduct of business and the general use of the Access Easement Area and the
PFRS Tract. All work undertaken pursuant to this Agreement shall comply with the
requirements of the Declaration as well as all governmental agencies and other entities
C-4
having or exercising jurisdiction over construction activities occurring on or about the PFRS
Tract. All work undertaken pursuant to this Agreement shall be completed with new
materials and in a first-class and workmanlike manner and in compliance with all applicable
laws and regulations. The City shall perform all work associated with the Improvements so
as to minimize the impact upon Target's business or other businesses in the PFRS Tract or
the Shopping Center. Without limiting the foregoing, there shall at all times be adequate
access between the front entries of the Target store and Amador Valley Boulevard. The City
shall inform PFRS and Target in writing of the sequencing of construction activities and shall
provide to PFRS and to Target thirty (30) days' advance written notice of the commencement
of such construction work.
D. Mechanic's Liens. If, as a result of any work or improvement
performed by or on behalf of the City, a mechanic's or materialmen's lien is recorded against
or becomes an encumbrance on the PFRS Tract or any other property owned by PFRS or
Target within the Shopping Center, then the City shall, within thirty (30) days of the
recording of such lien, obtain by discharge, bond or otherwise, the release of any such lien as
an encumbrance on the PFRS Tract or any other property owned by PFRS within the
Shopping Center. The City shall indemnify, defend, and hold PFRS and Target harmless
from and against any such liens and from any and all expense and liability in connection
therewith including, but not limited to; attorneys' fees and court costs resulting therefrom. If
the City shall fail to obtain the release of any such lien within said thirty (30) day period,
PFRS and/or Target may, at its option, bond for and obtain the release of any such lien, in
which case the City shall, within ten (10) days of its receipt of a written request therefor,
reimburse PFRS and/or Target for all costs and expenses incurred by either or both of them
in obtaining such bond and release.
Section 5. Default; Remedies.
A. Non-Monetar~ Default. In the event any party hereto (the "Defaulting
Party") fails to perform any provision of this Agreement, which failure continues for a
period of thirty (30) days after receipt of written notice specifying the particulars of such
fa/lure, such fa/lure shall constitute a default under this Agreement and the other parties
hereto (each a "Non-Defaulting Party") may thereafter institute legal action against the
Defaulting Party for specific performance, declaratory or injunctive relief, monetary damages
or any other remedy provided by law; provided, however, that the Defaulting Party shall not
be deemed to be in default if such failure to perform cannot reasonably be rectified within the
thirty (30) day period and such Defaulting Party is diligently proceeding to rectify the
particulars of such failure. The foregoing shall be in addition to any other remedies
expressly provided for in this Agreement. In addition to any Other remedies set forth herein,
a Non-Defaulting Party shall be entitled to seek temporary and permanent injunctions against
the breach of any of the provisions hereof.
B. Self-Help. If the City has not completed construction of the
Improvements within ninety (90) days after the commencement of construction of the
Easement Improvements described in Exhibit D attached hereto, then PFRS or Target, upon
C-5
fit~een (15) days' written notice to the City, may elect to take over the construction of the
Improvements. If PFRS or Target elects to construct the Improvements, then the City shall
pay all construction costs (including "hard" and "soft" costs) incurred by PFRS or Target in
connection with the Improvements within fifteen (15) days of the date PFRS or Target
notifies the City that such work has been completed. Furthermore, PFRS or Target shall
have the right to a lien on the City Tract for the amount of the unpaid costs incurred by PFRS
or Target pursuant to this Section 5.B, together with accrued interest.
C. No Waiver. The failure Of a party hereto to insist upon strict
performance of any of the terms, covenants, conditions or agreements contained herein shall
not be deemed a waiver of any rights or remedies that said Party maY have, and shall not be
deemed a waiver of any subsequent breach or default in the performance of any of the terms,
covenants, conditions or agreements contained herein by the same or any other Party.
D. Remedies Cumulative. In addition to the remedies set forth in this
Agreement, each Party entitled to enforce this Agreement shall have all other remedies
provided by law to the same extent as if fully set forth herein word' for word. No remedy
herein conferred upon, or reserved to any party shall exclude any other remedy herein or by
law provided, but each shall be cumulative.
E. Lien. The lien provided for in Sections 3 and 5 hereof shall only be
effective when filed for record as a claim of lien against such Defaulting Party in the Office
of the Recorder for the county in which the Tract is located, signed and verified, which shall
contain at least:
(i) An itemized statement of all amounts due and payable pursuant
hereto;
(ii) A description sufficient for identification of the Tract which is
the subject of the lien;
(iii) The name of the Defaulting Party and the reputed owner of the
Tract; and
(iv) The name and address of the Non-Defaulting Party recording
such lien.
The lien, when so established against the Tract described in the lien,
shall be prior and superior to all fight, title, interest, lien or claim which may be or has been
acquired or attached to such Tract after the time of filing the lien. The lien shall be for the
use and benefit of the Non-Defauking Party and may be enforced and foreclosed in a suit or
action brought in any court of competent jurisdiction.
C-6
Section 6. Insurance.
A. Target shall at all times maintain in full force and effect the
comprehensive public liability insurance for the Access Easement Area pursuant to and to
the extent required by the Lease. PFRS shall at alt times maintain in full force and effect the
comprehensive public liability insurance for the Access Easement Area as is required by the
Declaration. The City shall at ail times maintain in full force and effect comprehensive
public liability insurance with a limit of not less than Two Million Dollars ($2,000,000.00)
for personal or bodily injury or death to any one person, for a limit of not less than Two
Million Dollars ($2,000,000.00) for personal or bodily injury or death to a number of persons
arising out of any one occurrence, and for a limit of not less than Two Million Dollars
($2,000,000.00) in respect of any instance of property damage. The insurance described
herein may be carried under (i) an individual policy, (ii) a blanket policy or policies which
include other liabilities, properties and locations, (iii) a plan of self-insurance, or (iv) a
combination of any of the foregoing insurance programs. Each Party agrees to furnish to any
other Party requesting same a certificate affirming that: (i) such insurance is in full force and
effect; and (ii) the premiums have been paid in full.
B. Indemnification. The City agrees to defend, protect, indemnify and hold
harmless PFRS and Target from and against all claims or demands, including any action or
proceeding brought thereon, and all costs, losses, expenses and liabilities of any kind relating
thereto, including reasonable attorneys' fees and cost of suit, arising out of or resulting from the
use of the Access Easement Area by the City, its employees, guests or permitees, except to the
extent such dlaims or demands arise from the indemnified party's gross negligence or willful
misconduct. The indemnity obligations set forth in this Section shall survive any termination of
this Agreement.
Section 7. Not a Public Dedication. Until and unless an express dedicat, ion
is made of the Access Easement Area, no use hereunder shall be deemed to constitute the
Access Easement Area as a public way or a quasi-public way, but to the contrary the Access
Easement Area shall constitute and remain a private way and drive. No dedication shall,
however, be made of the Access Easement Area unless the Access Easement Area is
accepted by the public entity for maintenance as a public street or drive. Upon any
dedication of the Access Easement Area complying with the terms of this Section 7, this
Agreement shall terminate
Section 8. Notice.
All notices, demands and requests required or desired to be given under tiffs
Agreement must be in writing and shall be deemed to have been given as of the date such
writing is (i) delivered to the party intended, (ii) delivered to the then current address of the
party intended, or (iii) rejected at the then current address of the party intended, provided such
writing was sent prepaid. The initial address of the signatories hereto is:
C-7
To PFRS: PFRS Dublin Corp.
c/o Capozzoli Advisory for Pensions, Inc.
2 t 500 Haggerty Road, Suite 100
Northville, Michigan 48167
Attn: Randal POtterf
Copy to: McNichols Randick O'Dea & Tooliatos, LLP
5000 Hopyard Road, Suite 400
Pleasanton, California 94588
Attn: Erin Kvistad
To Target: Target Corporation
Property Development
1000 Nicollet Mall
Minneapolis, Minnesota 55403
Copy to: Target Corporation
Law Department
Attn: Lenora Walker
33 South 6th Street
Minneapolis, Minnesota 55402
To the CitY: The City of Dublin
100 Civic Plaza
Dublin, CA 94568
Attn: City Manager
Copy to: The City of Dublin
i00 Civic Plaza
Dublin, CA 94568
Attn: City Attorney
Upon at least ten (10) days' prior written notice, each party shall have the right to
change its address to any other address within the Un/ted States of America.
Section 9. Miscellaneous.
A. This instrument may be executed in two (2) or more counterparts, each
of which shall be deemed an original but all of which together shall constitute one and the
same instrument. The covenants and agreements herein contained shall run with the land,
and shall be binding upon and inure to the benefit of the Parties and their respective
successors and assigns.
B. All previous negotiations and understandings among PFRS, Target and
the City or their respective agents and employees with respect to the transaction set forth
C-8
herein are merged in this Agreement which alone fully and completely expresses the parties'
rights, duties and obligations with respect to its subject matter and which may be amended
only by subsequent written agreement among PFRS, Target and the City.
C. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement will not
be affected, and in lieu of each provision that is found to be illegal, invalid, or unenforceable,
a provision will be added as a part of this Agreement that is as similar to the illegal, invalid,
or unenforceable provision as may be possible and be legal, valid and enforceable.
D. This Agreement shall be deemed to be a contract made under the laws
of the State of California for all purposes shall be governed and construed in accordance with
the laws of said State.
[Signature Pages Follow]
C-9
IN WITNESS WltEREOF, the parties hereto have caused these presents to
be executed as of the day and year first above written.
PFRS Dublin Corp., a Michigan corporation
By:
Its:
Target Corporation, a Minnesota corporation
By:
Its:
City of Dublin, a California municipal
corporation
By:
Its:
ATTEST:
By:
Kay Keck, City Clerk
APPROVED AS TO FORM:
By:
Elizabeth Silver, City Attorney
C-10
STATE OF MICHIGAN )
COUNTY OF WAYNE )
On this __ day of ,2003, before me,
the undersigned Notary Public, personally appeared
, personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this . day of ,
2002, by the of Target Corporation, a Minnesota
corporation, on behalf of said corporation.
Notary Public
My commission expires:
C-Il
STATE OF CALIFORNIA )
) SS.
COUNTY OF ALAMEDA )
On this __ day of ,2003, before me,
, the undersigned Notary Public, personally appeared
., personally known to me (or proved to me on the basis of
satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in'his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
M1:874341.08
C-12
EXHIBIT A
PFRS Tract
REAL PROPERTY in the City of Dublin, County of Alameda, State of California,
described as follows:
Parcel C, of Parcel Map 2622, filed September 25, 1978, in Book 105, of Maps, Pages 52
and 53, .Alameda County Records.
A.P. No. 941-305-29-2
parcel 3, of Parcel Map 6748, filed February 3, 1995, in Book 216, of Maps, Page 49,
Alameda County Records
A.P. N°. 941-305-40
Parcel 1, of Parcel Map 6748, filed February 3, 1995, in Book 216, of Maps, Pages 49,
Alameda County Records
A.P. No. 941-305-38
Parcel B, of Parcel Map 2622, filed September 25, 1978, in Book 105, of Maps, Pages 52
and 53, Alameda County Records.
A.P. No. 941-305-28
A non-exclusive easement for ingress and egress, pedestrian and vehicular traffic,
utilities, and for parking of vehicles over Parcels A, C, and E inclusive, as shown on
Parcel Map 2622 filed for record on September 25, 1978 in Book 105 of Maps, Pages 52
and 53, Alameda County Records, as set forth in that certain Restatement and
Amendment #i to Declaration of Restrictions and Grant of Easements recorded May 1,
1979, Instrument No. 79-081716, Alameda County Records.
C-A-1
EXHIBIT B
City Tract
REAL PROPERTY in the City of Dublin, County of Alameda, 'State of California,
described as follow:
Commencing at the point of intersection of the Southwesterly line of Parcel 9 with the
Southeasterly line of Amador Valley Boulevard, as said Parcel and Boulevard are
delineated and so designated on that certain Map entitled "Parcel Map 521" etc., filed
December 17, 1969, in Book 61 of Maps at Page 89 thereof, Records of Alameda
County, California and running thence along said Southeasterly line of Amador Valley
Boulevard Northeasterly on the arc of a curve to the right, tangent at last said point to a
course which bears North 22° 53'43" East (the bearing of said tangent course being taken
as North 22° 53'43" East for the purpose of making this description), the radius of which
curve is 446.00 feet, through a central angle of 32°59'11", a distance on said arc of
256.77 feet to a point thereon, tangent at last said point to a course which bears North 55°
52'53" East;' thence leaving said Southeasterly line of Amador Valley Boulevard South
36° 53'1 l"East, 100.00 feet"; thence Southeasterly and Easterly on the arc of a curve to
the left, tangent to last said coUrse, the radius of which curve is 100.00 feet, through a
central angle of 47o19'36" a distande on said arc of 82.60 feet to a point on a tine drawn
parallel with the aforesaid Southwesterly line of Parcel 9, tangent at last said point to a
course which bears South 84012'47" East; thence along said parallel line South 20°
51'45" East, 197.33 feet; Southwesterly line of Parcel 9; thence along said Southwesterly
line North 20°51'45" West, 229.56 feet to the point of commencement.
A.P. No. 941-305-012-02
C-B-1
: R M. 1810 (shes ~s7) ~---~-'
ASSESSOR'S MAP 941 PARCEL MAP 521 (aa.6, Pg.ag) ,,. ~ M. 653(Bk.~~
~ DOUGHERTY ~CH-S~D~ PLOT ~ ~5~}7) ~
~ 505 } ~=2~' P~C~ M~ ~25[~54~.~)P.M. 51B(~~M.~IO~ BL97P
~ / P~C~ MAP .fl99. {a~eo ~ EM.5564"~./- PM. 2622 i~/sa J
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~ P~ Tract , /
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to [ :l~*qs 'O~¢gOgO-[~6 - gOO~-gOOg '~0 'epemel~ C~C-
Par,king Improvement Plans
Site and Improvement Plan
Access Easement for Senior Center/Housing Project
RESOLUTION NO. 4 - 02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE SITE DEVELOPMENT REVIEW AND SPECIFIC PLAN AMENDMENT
FOR TARGET STORE EXPANSION PA 01-025
WHEREAS, SLS Associates, on behalf of the Target Corporation has requested approval of a
· Site Development Review and amendment of the Downtown Core Specific Plan to allow an
approximately 15,000 square foot expansion and renovation of the Target Store in the Dublin Place
Shopping Center, with associated improvements, located at 7200 Amador Plaza Road; and
WHEREAS, a complete application for the above noted entitlement request is available and on
file in the Depa~hnent of Community Development; and
Wlt~'~REAS, Applicant/Develop ~r' has submitted project elevations/renderings dated received
October 24, 2001, and project plans date received on December 20, 2001, for a Site Development
Review for the expansion of the Target :ore by approximately 15,000 square feet (enclosed building
area); and
WFYEREAS, the Project is Cate :orically Exempt from the provisions of the California
Environmental Quality Act (CEQA), Sta ,~ CEQA Guidelines and the City of Dublin Environmental
Guidelines, under Section 15301(e)(1), (~lass 1, as the project is an addition to an existing facility where
the net increase in area is less than 10,0130 square feet and all services are available; and
Wl~EREAS, the City adopted th ~ Downtown Core Specific Plan on December I9, 2000 which
was prepared pursuant to Government C ~de Sec. 65450 et seq.; and,
WHEREAS, the Specific Plan ir :lude permitted land uses, development standards, urban design
guidelines, transportation improvements and implementation programs to achieve the goals of the Dublin
General Plan; and,
WHEREAS, the Planning Commission did hold a public hearing on said project application on
January 8, 2002 and recommended approval of the Ske Development Review and amendment of the
Downtown Core Specific Plan for this project to the City Council; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission transferred original hearing jurisdiction for this prOject to
the City Council pursuant to Section 8.96.020.C.3 of the Zoning Ordinance.
WHEREAS, the City Council did hold a public hearing on said project application on January 15,
2002 for this project; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
Wl:IEREAS, the City Council did hear and use their independent judgment and considered all
said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE City Council of the
City of Dublin does hereby make the following findings and determinations regarding said proposed
Site Development Review:
A_ Approval of this application is consistent with the purpose and intent of this Chapter because a
general merchandise retail store is a use permitted within the C-1 (Retail Commercial) Zoning
District.
B. The project is consistent with the Downtown Core Specific Plan, which allows retail uses, and is
-within and consistent with the Retail/Office designation of the General Plan and the C-1 (Retail
Commercial) Zoning District which allow retail uses.
C. The approval will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and general welfare because it is expansion
and improvement of an existing use and features and physical improvements have been
incorporated into the design of the project which reduce any potential project-related impacts
which may impact the public health, safety and general welfare to a level of less-than- significant.
D. The approved site development, including site layout, structures, vehicular access, circulation and
parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a
desirable environment for the development.
E. The subject site is physically suitable for the type and intensity of the approved development
because it is graded flat, has vehicular access and access to all public services.
F. Impacts to views are addressed because the project does not interrupt any views from 1-580 and 1-
680.
G. Impacts to existing slopes and topographic features are addressed as the site is graded flat and
presently paved in the areas to be developed.
H. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings in the shopping center, building
materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements
have been incorporated into the project and as conditions of approval in order to insure
compatibility of this development with the development's design concept or theme and the
character of adjacent buildings, neighborhoods, and uses.
I. Landscape considerations, including the location, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to ensure visual relief and an
attractive environment for the public that is compatible with other planned landscaping
improvements for the shopping center.
BE IT FURTHER RESOLVED THAT Tlt-E City Council does find it appropriate to amend the
Land Use Plan, Exhibit 9, of the Downtown Core Specific Plan to reflect the new location of the drive
aisle accessway for consistency with the project plans, to reflect the new general location of the related
potential plaza, and to modify the text of the Specific Plan to accordingly; and,
2
BE IT FURTHER RESOLVED TItAT TH City Council of the City of Dublin does hereby
approve the Site Development Review and the amendment of the Downtown Core Specific Plan for PA
01-025, the Target Store expansion and renovation, subject to the following Conditions of Approval:
CONDITIONS O1' APPROVAL
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment &use, and shall be subject to Department of Community
Development review and approval. The following codes represent those departments/agencies
reSPonsible for monitoring compliance of the conditions of approval: [ADM] Administration/City
Attorney, [BI Building division of the Community Development Department, [DSR] Dublin San
gamon Services District, [F] Alameda County Fire Department/City of Dublin Fire Prevention, [FIN}
Finance Department, [PL] Planning division of the Community Development Department, [PO] Police,
[PW] Public Works Department.
# CoNDmON TEXT RESPON.
AGENCY REQ'D CONDmON
Prior to: SATIStrIED?
· · ' or PL cra~going ~tanaar
1 I Approval. This S~te Development Remew approval iq
the expansion and renovation of the Target Store
establishes the detailed design concepts and regulations
for the project. Development pursuant to this Site
Development Review generally shall conform the project
elevations/renderings submitted by MBH Architects dated
received October 24, 2001 and the colors and materials
shown on the plan, and to the Site Plan and Landscaping
Plan submitted by SLS Associates, Inc. dated received
December 20, 2001, on file in the Planning Department,
and other plans, text, and diagrams relating to this Site
Development Review, unless modified by the Conditions
of Approval contained herein.
2. Term. Approval of the Site Development Review shall PL Approval of Standard
Improvement
be valid for one year from approval by the Planning
Commission. If construction has not commenced by that
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.)
Ti ! Revocation. The SDR will be revocable for cause in PL On-going Municipal
accordance with Section 8.96.020.1 of the Dublin Zoning Code
Ordinance. Any violation of the terms or conditions of
this approval shall be subject to citation.
4. Ordinances/General Plan/Policies. The Developer shall PW, PL Issuance of Standard.
comply with, meet, and/or perform all requkements of the Building Permits
3
~ CONDITION TEXT RESPON. W~N HOW IS
AGENCY REQ'D CONDITION
Prior to: ,, SATISFIED?
Subdivision Map Act, City of Dublin Subdivision
Ordinance, City of I)ublin Zoning Ordinance, the City of
Dublin General Plan, the Downtown Core Specific Plan,
City of Dublin Standard Conditions of Approval, Public
Works Policies and City grading ordinance unless certain
Public Works requirements are modified by the Director
of Public Works.
5. Hold Harmless. The Applicant/Developer shall defend, PL, PW Ongoing Standard
indemnify, and hold harmless the City of Dublin and its
agents, officers, and employees from any claim, action, or
proceeding against the City and its agents, officers, or
employees to attack, set aside, or annul an approval of the
City of Dublin or its advisory agency, Planning
Commission, City Council, Director of Community
Development, Zoning Administrator, or any other
department, committee, or agency of the City of the site
development review; provided, however, that the
Applicant/Developer's duty to defend, indemnify, and
hold harmless under this provision shall be subject to the
City's promptly notifying the Applicant/Developer of any
said claim, action, or proceeding and the City's
cooperation in the defense of such actions or proceedings.
6. Disabled Access Requirements/Ramps. All ramps and PW Completion of Standard
accessible routes shall comply with current State Improvements
requirements and City of Dublin Standards for disabled
access.
7. Water Efficient Landscape Regulations. DSR, PW Approval of Standard
Improvement
Applicant/Developer .shall comply with all Plans
implementation measures of the "Water Efficient
Landscape" Regulations of the Zoning Ordinance.
8. Standard Public Works Conditions of Approval. PW Appro~-al of Standard
Applicant/Developer shall comply with all applicable City Improvement
Plans through
of Dublin Standard Public Works Conditions of Approval completion
(Attachment A to this Resolution). In the event of a
conflict between the Standard Public Works Conditions of
Approval and these Conditions, these conditions shall
prevail.
~ CONDITION TEXT RESPON. W~EN ~tOW KS
AGENCY REQ'D CONDITION
Prior to: SATISFIED ?
9. Fees. Applicant/Developer shall pay all applicable fees in Various Various times, Standard
effect at time of building permit issuance. Said fees shall, but no later than
Issuance of
include, but may not limited to, Planning fees, Building Building Permits
fees, Dublin San Kamon Services District fees, Public
Facilities fees, Fire Facility Impact fees, Dublin Unified
School District School Impact fees, Alameda County Fire
Services fees, Traffic Impact fees, Traffic Mitigation
Contribution fees, Noise Mitigation fees, Alameda County
Flood and Water Conservation District (Zone 7) Drainage
and Water Connection fees, and Park In-Lieu fees. Fees
are subject to change without notice. Unissued building
permits subsequent to new or revised fees shall be subject
to recalculation and assessment of the share of the new or
revised fees.
i0. Required Permits, Applicant/Developer shall obtain all Various Various 0aues, Standard
but no later than
necessary permits required by other agencies (i.e., Issuance of
Alameda County Flood Control District Zone 7, Building Permits
California Department offish and Game, Army Corps of
Engineers, State Water Quality Control Board, Etc.), and
shall submit copies of said permits to the Public Wqrks
Department prior to issuance of Building Permits.
'11. Building Codes and Ordinances. All project B Through Standard
construction shall cOnform to the building codes and . Completion
ordinances in effect at the time of building permit
issuance.
12. Non-Buildabie Easement~ Prior to any expansion of the B Issuance of Stand~rd
existing building, the applicant is required to address the Building Permits
issue of the "non-buildable easement" between the Target
building and the adjacent properties to the satisfaction of
the Building Department. Easements and/or agreements
must be obtained from surrounding property owners if
required by the Chief Building Official.
13. Refuse Collection/Trash Enclosure/Compactor. The PL, PW Occupancy of Standard
refuse collection service provider shall be consulted to Any Building
ensure adequate space is provided to accommodate
collection and sorting ofpetrucible solid waste as well as
source-separated recyclable materials generated by the
business.
In addition, an enclosure for the trash compactor and
dumpster shall be provided at the rear of the building.
Said enclosure(s) shall have a'roofto prevent rainwater
from washing contaminants into the storm drain system.
If the dumpster or compactor will accept wet trash or
discarded food products, the enclosure shall have a floor
drain connected to the sanitary sewer system together with
a hose bib for periodic wash-down, tf a new sealed trash
5
~:~ CONDITION TEXT RESPON. WHEN HOW IS
AGENCY REQ'D CONDITION
Prior to: SATISFIEI~ ?
collection/compaction system is proposed that confines
the refuse inside the unit without leaking or allowing
rainwater infiltration, then the roofed enclosure is not
required.
14, Conditions of Approval. In submitting subsequent plans ?W Issuance of Stan~,rd
for review and approval, Applicant/Developer shall Building Permits
submit six (6) sets of plans to the Public Works
Department for plan check. Each set of plans shall have a
copy of these Conditions of Approval attached with
responses to each condition indicating where on the plans
and/or how the condition is satisfied. A copy of the
Standard Public Works Conditions of Approval shall also
be submitted which has been marked-up to indicate where
on the plans and/or how the condition is satisfied.
Notations shall clearly indicate how all Conditions of
Approval and Standard Public Works Conditions of
Approval will be complied with. Improvement plans will
not be accepted without annotated conditions and
standards attached to each set of plans.
Applicant/Developer will be responsible for obtaining
approvals, of all participating non-City agencies.
151 Clarifications and Changes to Conditions. In the event ?w On-going PW
that clarifications and/or changes to these conditions of
approval are required, the Director of Public Works shall
have the authority to clarify the intent of the conditions
without going to a public hearing. The Director of Public
Works also has the authority to make minor modifications
to these conditions without going to a public hearing in
order for the Applicant/Developer to fulfill needed
~mprovements or mitigations resulting from impacts from
this project.
16. Final Geotechnical Report, Applicant/Developer shall ?W Prior to issuance ?W
retain a licensed Geotechnical Engineer to prepare a of Grading
Geotechnical Investigation for the site. The design of the Permit
underground utilities, grading, paving, retaining walls, and
foundations shall be based on recommendations outlined
in said Report. The Geotechnical Engineer shall certify
that the design conforms to the recommendations before
the City issues a Grading/Site Development Permit.
17. Disabled Access Ramps. Disabled access ramps shall be PW Completion of Standard
provided at all intersection curb returns. All disabled Improvements
access ramps shall comply with current California
Building Code requirements and City of Dublin
Standards.
~ CONDITION TEXT RESPON. WHEN HOW IS
AGENCY REQ'D CONDITION
Prior to: SATISFIED?
1 $. Delivery Truck Access. Any changes to the parking and ,
drive aisle configuration must accommodate the turning
radii required for tractor trailer trucks to maneuver
through the parking lot and around the building to access
the existing loading docks in the back. Larger diameter
curb radii along the truck route(s) shall be provided as
needed.
19. Storm Drain Improvements. PW Approval of PW
Improvement
In no event shall storm water (sheet flow or pipe flow) Plans
flow across the property lines onto a neighbor's property
unless allowed by the property's Conditions, Covenants
and Conditions, by a Private Storm Drain Easement, or by
a Drainage Release is granted by the neighbor.
Any existing storm drain pipes to be abandoned shall have
both pipe ends securely closed with a tight-fitting plug or
wall of minor concrete in accordance with the State of
California Standard Specifications Section 15-2.05A.
Any new storm drain facilities shall be designed per City
standards.
20. Site Clean-UP. The site shall be cleaned of all dirt, trash, PW Completion of PW
leaves, weeds, and other debris. The Applicant shall also Improvements
clean all on-site storm drain inlets and pipes to prevent
debris from discharging into the public storm drain
system.
21. Repair and Resurfacing of Parking Lot. The PW Completion of PW
Applicant/Developer shall repair all damaged parking lot Improvements
pavement and hardsurfacing to the satisfaction of the
Public Works Director. The asphalt concrete surfacing
within the parking field must be evaluated, and any
distressed areas repaired by patching or resurfacing. Upon
completion of all repairs, the parking lot pavement on the
project property shown on the project plans shall be sealed
using an approved asphalt concrete sealant.
22. Replacement of Damaged Public Improvements. The PW Completion of PW
Applicant/Developer shall replace all damaged Improvements
improvements along the property frontage, within the
public right-of-way, including the curb, gutter, sidewalk,
driveway, paving (to street centerline), and utilities as
required by the Public Works Director. All work shall be
performed in accordance with the City's standards, and
may only be performed after the City issues an
Encroachment Permit.
23. Water Quality Requirements. All development shall PW Prior to Issuance PW
meet the water quality requirements of the City of of the Grading
Permit
Dublin's NPDES permit and the Alameda County Urban
Runoff Clean Water Program. The plans must include a
7
~. CONDITION TEXT RESPON. WI~EN HOW IS
AGENCY REQ'D CONDITION
Prior to: SATISFIED?
separate Erosion and Sediment Control ptan to be
~m.~lemented during the rainy season (October 1~t to April
15~). Said plan shall con~orm to.~he latest standards of
the Regional Water Quality Control Board. The site
design shall also include some type of permanent filtration
system for all storm drain inlets within the paved areas to
prevent hydrocarbons and other petroleum-based
contaminants from entering the public storm drain system.
Installation details shall be included on the plans. In
addition, ail storm water inlets shall be stenciled "No
Dumping - Flows to Bay" using a standard stencil
available from the Alameda County Urban Runoff Clean
Water Program, located at 951 Turner Court, Hayward,
California.
24. Rainwater Leaders. Rainwater leaders for the roof PW Approval of PW
drains shall be piped directly to the on-site storm drain Improvement
Plans
system.
25. '~Underground Utilities. All utilities for the expanded PW, PL Approval of PW, PL
building (i.e. electrical, telecommunications, cable Improvement
Plaus
television, gas, etc.) shall be installed underground, unless
approval is granted by the Director of Community
Development and the Public Works Director.
26. Improvements within Existing Easements. The PW Approval of PW
Improvement
Developer/Applicant shall investigate any existing Pl~m~s
easements that may exist across the site. A Preliminary
Title Report shall be submitted to indicate the locations of
any recorded easements affecting the property, along with
any record information required during plan-check.
Before the Public Works Director approves plans for
improvements within any existing easements, the
Developer/Applicant shall obtain a quit claim or written
permission from said easement owner, and shall submit '
said documentation to the Public Works Department.
~ CONDITION TEXT RESPON. Wa~ ~OW
AGENCY REQq) CON'BITION
Prior to: SATISFIED?
27. Overall Site Parking. Applicant/Developer shall provide ?W Approval of PW
parking and all improvements in a manner consistent with Plansimpr°vement
the approved project Site Plan, Exhibit A. All parking
spaces shall be striped with 4-inch wide stripes and shall
be dimensioned per the requirements of the Zoning
Ordinance. Handicapped and compact parking spaces
shall be appropriately identified on the pavement. The
developer shall provide a minimum 1-foot wide step-out
curb or equivalent on landscape fingers and islands
adjacent to parking stalls. All landscape planters within
the parking area shall maintain a twenty (20) foot curb
radius for major aisle intersections and ten (10) foot curb
radius for minor aisle intersections, unless otherwise
allowed by the Public Works Director.
CONDITION TEXT RESPON. WHEN HOW IS
AGENCY REQ'D CONDITION
Prior to: SATISFIED?
Vehicle and Pedestrian Access Improvements from PW Approval o£ PW,PL
Amador Plaza Road. The driveway providing access Improvement
from Amador Plaza Road to the Target Store shall be Plans and
improved and aligned as shown on the approved project During
Site Plan, Exhibit A_ The improvements shall include an Construction
approximately 9-foot wide pedestrian walkway that is
accessible to the disabled through the parking area as
shown on Exhibit A, with a minimum of six tree wells
with enhanced landscaping. The selected trees shall be
mature trees with a minimum size of 25-gallons.
Pedestrian crosswalks within the project shall be
accentuated with paving or hardscape materials. Said
improvements shall be generally consistent with the
recommendations contained in the final Downtown Core
Specific Plan dated December, 2000, and shall be subject
to review and approval of the City's Landscape Architect.
The curb radii for all new planter islands shall
accommodate the turning movements of standard design
vehicles as determined by the City, and shall be completed
to the satisfaction of the Director of Public Works.
Any new planter pockets, medians islands, and walkways
created by the realignment shall be landscaped to the
satisfaction of the Public Works Director, the Community
Development Director, and The City' s Landscape
Architect, and be generally~onsistent with the character
of the landscaping installed by the neighboring Home
Depot Expo Center.
The Applicant/Developer shall notify and gain approval
from the neighboring property owners before initiating
any changes to the existing parking fields, and shall
coordinate all improvements such that convenient and safe
access to the existing buildings is maintained during
construction of the parking lot improvements. At a
minimum, a protected pedestrian walkway shall be
maintained between the existing Target building, and the
buildings occupied by the Home Depot Expo Design
Center, Burlington Coat Factory, and Toys R Us. ...
10
~ CONDITION TEXT RESPON. WHEN IIOW IS
AGENCY REQ'D CONDITION
Prior to: SATISFIED?
29. Pedestrian Access from Amador Valley Boulevard. PW Approval of PW
Improvement
The site design shall include a disabled/pedestrian Plans
walkway from the building's front or primary entrance to
the public sidewalk on Amador Valley Boulevard in
conformance with the accessible route requkements of the
California Building Code and the approved project Ske
Plan in Exhibit A. Said route shall be separate from, and
protected from vehicle traffic in the parking lot, and be
landscaped with trees and vegetation. In no case shall the
walkway be less than 5 feet wide.
30. Speed Table at Entrance. A "speed table" shall be PW Approval of PW
constructed across the main drive aisle in front of the Improvement
building entrance to discourage speeding and to provide Plans
safe pedestrian access to the entrance of the store from the
parking lot.
31. Provision of Access to Adjacent Library Property. PW Approval of PW
Improvement
Property owner shall enter into an agreement with the City Plans
of Dublin to provide for a public vehicle accessway
between the existing Dublin Library site and the adjacent
northeast parking area of the Target Store site. The
agreement shall allow the City to reconfigure and/or
improve parking stalls and the associated landscaped
islands in that portion of the parking area at the City's cost
as part of a future conversion of the Library to another
civic use. The access right would be granted in the form
of an easement with the understanding that no payment for
said easement shall be requested by the property owner.
The applicant shall improve the pedestrian access between
the properties by improving the existing accessway at the
southeast comer of the Library site where it bounds on the
Target property to create a safe walkway. This accessway
may be replaced by the City in the future with a walkway
that parallels the new vehicle accessway to the satisfaction
of the Public Works Department.
32. Signing and Striping Plan. A signage and striping plan" PW Approval of PW
for the parking lot shall be submitted to the Public Works Improvement
pl~n,q
Department for review and approval. Said plan shall
include dimensions of all drive aisles and parking stalls,
along with detailed descriptions of ail signs and pavement
markings to be installed. All striping shall be accordance
with the approved Site Plan at the time of occupancy.
33. Requirements and Fees. Applicant/Developer shall Zone 7, PW Issuance of Standard
comply with all Alameda County Flood Control and Building Permits
Water Conservation District-Zone 7 Flood Control
requirements and applicable fees.
11
~ CONDITION TEXT RESPON. W~N ]~OW IS
AGENCY REQ'D CONDITION
Prior to: SATISlr[ED?
34.. Wells. Any water wells, cathodic protection wells or Zone 7, PW Issuance of SUmdard
exploratory borings shown on the site plan that are known Grading Permits
to exist, are proposed, or are located during field
operations without a documented intent of future use filed
with Zone 7, are to be closed prior to any demolition or
construction activity. Said closures shall be in accordance
with a well destruction permit obtained from Zone 7 and
the Alameda County Department of Environmental
Services. Wells scheduled to remain shall be maintained
in accordance with applicable groundwater protection
ordinances.
35. Storm drain easement. Any existing Zone 7 storm drain Zone 7, PW Issuance of Standard
easements shall be drawn and clearly labeled on a revised Grading Permits
Site Plan. This Site Plan shall also label the existing and
proposed facilities, proposed landscaping, manholes, and
all other relevant items that may fall within/near any
easement.
36. General Conditions
- a, Complete improvement plans shall be submitted to DsRSD that Issuance of DSRSD
conform to the requirements of the DSRSD Code, the DSRSD BuildingPennits 8/15/2001
"Standard Procedures, Specifications and Drawings for Design
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 Permits' 8/15/2001
development project's demand. Layout and sizing of mains shall
be in conformance with DSRSD utility master planning.
c. Sewers shall 'be designed to operate by gravity flow to DSRSD's Approval of DSRSD
existing sanitary sewer system. Pumping of sewage is Improvement 8/15/2001
plan~q
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
crkeria, 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 syst'ems for the ApProval of DSRSD
commercial development shall be designed to be looped or Improvement 8/15/2001
Plans
interconnected to avoid dead-end sections in accordance with
requirements of the DSRSD Standard Specifications and sound
engineering practices.
12
~ CONDITION TEXT RESPON. WHEN HOW IS
AGENCY REQ'D CONDITION
Prior to:. SATISFIED?
e. DSRSD policy requires public water and sewer lines to' be Approval of DSKSD
located in public streets rather than in off-street locations to the Improvement 8/15/2001
Plans
fullest extent possible. If unavoidable, public sewer or water
easements must be established over the alignment of each public
sex~er or water line in an off-sWeet 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 Permit 8/15/2001
DSRSD.
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 8/15/2001
dedication on the Final Map.
h. Alt utility connection fees, plan-checking fees, inspection fees, Issuance of DSRSD
permk fees, and fees associated with a wastewater discharge Building Penuits 8/15/2001
I permit shall be pMd to DSRSD in accordance with the rates and
schedules established in the DSRSD Code.
i. All improvement plans for DSRSD facilities shall be signed by Issuance of DSRSD
the District Engineer. Each drawing of improvement plans shall Building Permits 8/15/2001
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, Applicant/Developer shall pay
all required DSRSD fees, and provide an engineeFs 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 DSKSD. Applicant/Developer
shall allow at least 15 working days for fmal improvement
drawing review by DSRSD before signature by the District
Engineer.
j. 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 Penuits 8/15/2001
and all DSRSD
A construction permit will only be issued after all of the DSRSD requirements
conditions herein have been satisfied.
k. The ApPlicant/Developer shall hold DSRSD, its Board of On-going DSRSD
Directors, commissions, employees, and agents of DSKSD 8/15/2001
harmless and indemnify the same from any litigation, claims, or
fines resulting from completion of the project.
1. The project is located within the District Recycled Water Use Completion of DSRSD
Zone (Ord. 280), which calls for installation of recycled water Improvements 8/15/2001
irrigation systems to allow for the future use of recycled water
for app~:oved landscape irrigation demands. Recycled water will
be available in the future. Unless specifically exempted by the
District Engineer, compliance with Ordinance 280, as may be
amended or superseded, is required. All irrigation facilities shall
be subject to review for compliance with District and Department
of Health Services Requirements for recycled water irrigation
design.
13
~ CONDITION TEXT RESI'ON.
AGENCY REQ'D CONDITION
Prior to: SATISFIED?
37. Emergency Ac~s and Water Supply. Emergency F Pd~to CFC 1998, S~.
~mb~ble 1001.4
Acc~s ~d water mpply sh~l be install~ p~or to
~o~ or
~mbustible stor~e on site or venial ~nstmaion. A ve~
~t for ~gh Piled Storage shall be r~uked if ~on
combustible storage is above 12 fe~ in height. Access
shall be m~t~ed d~ng ~nstmaion. A~ept~ce is
based on access plan approv~ by Fire Prevemion ~d field
accep~ce by the Dep~ment of~blic Works. Silage is
requk~ for Fke Spfi~ ~s~, Fke ~ ~oo~anel.
Ele~c Roo~el, R~f A~ss ~d ~y location that
may requke a~ess d~ng an emergency.
38. ~ire hyd~ts and f~e flow. Fke by,ams ~d fire ~ow F B~g ~t CFC' 1998,
~a~ be sufficiem to meet ~e ~nimum requiremems for S~. 901.4.3
t~s projea. Fke hydram locations s~l be idemifi~ by
refleaive "blue do? ~kers adjacem to the hyatt 6
inches offcemer ~om ~e ~d~e of the s~e~. Boll~ds
sh~l be installed to protea hydr~ts wh~e subj ea to
vehicle ~age. ~'any hydrams ae to be removed ~th
the development, p~ts must be receiv~ from DS~D
~d the Fire Prevention DMsion.
39. Fire appalls roadways. Fke ~p~a~s roadways must F B~g ~t CFC 1998,
1998
Mve a ~imum unob~m~ ~d~ of 20 f~t ~d ~
unobstm~ed venial cle~ce of not less th~ 13 f~t 6
inches. Ro~ways und~ 36 f~t ~de shall be po~ed ~th
si~s ~d sh~t have r~ curbs pa~t~ ~th labels on one
side; roadways under 28 feet ~de shall be poem with
signs and shall have red ~rbs p~med ~th labels on bo~
sides of the stre~ ~ follows: "NO STOPP~G F~
L~ - CVC 225 ~0.1 . The ~e lane s~l be recorded
as ~ Em~gency Ve~ A~ess E~ement.
40. Sprin~er system. ~t~atio~ ~ the exi~ing f~re F ~g P~f~t CFC 1998,
spri~ ~&or fire ~s must be submi~ed for review 1001.4
and approval to the ~ameda CounW Fire Dep~m~t,
City of~blin, Fire Prevention Divisio~ prior to
in~llmion. Submi~al ora sep~ate pl~ review fee s~ll
be requked.
41. Sprin~er ~stem monitoring. Spd~er systems se~ing F. ~gPct~ ~C 1998, S~
1~3.3, as
more th~ 100 heads sh~l be mo~tor~ by an approved
~tral statioa U.L. li~ed ~d ce~mted for fire ~
mo~tofing. A copy of the U.L. listing must be prodded
to ~e ~am~ Co,unW Fire Dep~ment, City of~blia
Fke Preve~ion Division, prior to scheduling the fin~ test
sy~em. ~e account ~hall be Ce~ificatM ....
42. Fire E~inguishers. ~ovide at l~st one 2A 10BC F B~g~t CFC 1~8, S~
1~2.1 &
~ Po~le fire ~in~isher for each 3000 squ~e lea of
t4
~ CONDITION TEXT RESPON. WHEN HOW IS
AGENCY. REQ'D CONDITION
Prior to: SATISFIED ?
flo°r area. Travel distance 'to an extinguisher shall not 1006.2.7
exceed 75 feet of travel distance and shall not be between
floors. Additionally, one portable fire extinguisher with a
minimum classification of 40BC shall be provided in the
kitchen area near cookin~ equipment.
43. Automatic Extinguishing System. All commercial-type F Building CFC 1998, Sec
cooking equipment must be protected by an approved fire Permit 1001.4 &
extinguishing system (hood and duct). Plans for the 1006.2
extinguishing system shall be submitted to the Fire
Prevention Division for review and approval prior to
installation. Submittal of a separate plan review fee shall
be required.
44. Addresses. Approved nUmbers or addresses shall be F Occupancy CFC 1998, Sec
placed on all new and existing buildings. The address 901.4.4
shall be positioned as to be plainly visible and legible
from the street or road fronting the property. Said
numbers shall contrast with their background. If rear
doors to tenant spaces are installed, they shall include the
numerical address corresponding to the address on the
front of the building.
45. Exit Signage. Additional directional exit signs may be F occupa~ CFC 1998, Sec
required to clearly :indicate the direction of egress and 1212.2
shall be field verified.
46.' Furniture/Equipment Layout. Submit F Building Permit CFC 1998, Sec
furniture/equipment layout showing adequate aisles to 1204.2.1
exit.
47. Knox Box. A Knox Box key lock system is required .for F Occupancy CFC 1998, Sec
the building. 10.203
48. Non-residential S,~urity. The project shall comply with PL, B, P Occupancy Standard
all City of Dublin Non-Residential Security Requirements.
49. Security view points. All man doors shall be provided PL, P Occupancy Standard
with security view ports to prevent unauthorized' entry.
50. Final Lighting Plan. T~e applicant shall submit a PL, ]3, P Occupancy Standard
Final Lighting Plan for approval by the Dublin Police and
the Director of Public Works. Exterior lighting shall be
provided within the parking lot, around the entire
perimeter of the building, and over exterior doors, and
shall be of a desigrt and placement so as not to cause glare
onto adjoining properties, businesses or to vehicular
traffic. Lighting used after daylight hours shall be
adequate to provide for security needs (One foot candle).
Wall lighting arom~d the perimeters of the building should
be supplied to provide "wash" security 1.!ghting as ..
15
CONDITION TEXT RESPON. WHEN HOW IS
AGENCY REQq) CONDITION
Prior to: SATISFIED?
appropriate. The site plan shall be amended to show alt
existing and proposed light fixtures. The fixture locations
shall be superimposed on the landscaping plan to establish
whether conflicts between trees and lights will exist.
Exterior landscaping. Exterior landscaping shall be kept PL, P Ongoing Standard
at a minimal height and fullness giving patrol officers and
surveillance capabilities of the area.
Theft prevention and security program. The applicant PL, P Ongoing Standard
shall work with the Dublin Police on an ongoing basis to
establish an effective thef~ prevention and security
£or the business.
Graffiti. The Developer shall keep the site clear of PL, P Ongoing Standard
graffiti vandalism on a regular and continuous basis at ali
times. Graffiti-resistant materials and foliage should be
used.
Contaminated soil[ warning: Prior to issuance of a PL, PW Prior to Grading Standard
grading permit for ~the project the applicant shall notify Permit
contractors constructing the proposed addition in the
Garden Center area to be alert to the potential of
encountering contaminated, soil during grading operations
and to notify Alameda County Department of
Environmental Health )ect material is found.
Archaeology - Should any prehistoric or historic artifacts PL, PW, B Final Inspection Standard
be exposed during excavation and construction operations, of Carading
the Department of Community Development shall be
notified and work shall cease immediately until an
archaeologist, who is certified by the Society of California
Archaeology (SCA) or the Society of Professional
Archaeology (SOPA), is consulted to evaluate the
significance of the find and suggest appropriate mitigation
measures, if deemed necessary, prior to resuming ground
breaking construction activities. Standardized procedures
for evaluating accidental finds and discovery of human
remains shall be followed as prescribed in Sections
15064.5 and 15126.4 of the California Environmental
Quality Act Guidelines.
Architectural Design. The structure shall comply with PL Occupancy Standard
the architectural drawings submitted by MBH Architects
dated received October 24, 2001, and shall generally
conform to the colors and materials shown on the colored
elevation dated received October 24, 2001, on file in the
16
# CONDITION TEXT RESPON. WlaI~N ltOW IS
AGENCY REQ'D CONDITION
Prior to: SATISI*IED?
57. Proposed Signage.. All signage for the modified building Pt. Occupancy Standard
and site, including any proposed monument signs, shall be
subject to the requirements of the Sign Regulations,
Chapter 8.84 of the Zoning Ordinance.
58. Final Landscaping and Irrigation Plan. PL, PW Issuance of COA
Applicam/Developer shall submit a Final Landscaping Building Permits
and Irrigation Plan, conforming to the requirements of
Section 8.72.030 of the Zoning Ordinance (unless
otherwise modified by Conditions of this Kesolution),
stamped and approved by the Director of Public Works
and the Director of Community Development. That plan
should generally conform to the Preliminary Landscape
Plans dated received November -, 2001.
59. Final Landscape Plan Review. The plant palette PL Issuance of COA
varieties shall be shall be subject to review and approval Building Permits
of the Director of Community Development and reviewed
by the City's Landscape Architect to determine
compatibility with :reclaimed water use, where
appropriate. An irrigation plan shall be submitted with
Final Landscape Plans indicating that the system is
designed for reclaimed water, where required by DSRSD.
60. Conflicts with Proposed Landscape Features. The final PL, PW Approval of Imp. Standard
landscape and irrigation plans shall show locations of all plsn~q/Issuance
of Building
pedestrian lighting, utilities, drainage ditches, and Permils
underdrains at bottom of slopes. Plans shall address tree
planting within public service easements to avoid conflicts
with utilities and streetligvhts .......
61. Standard Plant M[aterial, Irrigation and Maintenance PL, PW Issuance of Standard
Agreement. The Applicant/Developer shall complete and Building Permits
submit to the DublJ[n Planning Department the Standard
Plant Material, Irrigation and Maintenance Agreement.
62. Backflow Devises.. Backflow devises shall be hidden PL Issuance of Standard
from view by means of fencing, enclosures, landscaping Grading Pexmits
and/or berms.
63. Water Efficient Landscape Regulations. PL, PW, Approval of Standard
Applicant/Developer shall ensure that the Final DSR Final l_amdscape
Plans
Landscaping and l~.Tigation Plan conforms to the City's
Water Efficient Landscape Regulations, including dual
piping to facilitate future recycled water.
64, Lighting. Lighting in landscaped and hardscaped areas PL, PW Approval of Imp. Standard
throughout the site shall be subject to the review and Plans/Issuance
of Building
approval of City's Landscape Architect, Planning, and Permits
Public Works Departments, in consideration of [ES
17
CONDITION TEXT RESPON. WHEN HOW IS
AGENCY REQ'D CONDITION
Prior to: SATISFIED?
standards for lighting in public/community areas. A
photometric plot shall be prepared to show the lighting
intensity at all exterior areas of the site. Additional
lighting shall be installed if the light levels at the ground
surface fail to meet the standards set forth in the City's
Security Ordinance..
Fire-Resistant and/or Drought Tolerant Plant PW Approval of Imp. Standard
Varieties. Final landscaping and irrigation plans shall P!~n~ Issuance
of Building
include fire-resistant and/or drought tolerant plant Pemdts
varieties in the plant palette.
Bie~de Parking. The Applicant/Developer shall install PL, PW Completion of Standard
one bike rack designed to hold up to six bicycles. The Improvements
location of the bike rack shall not encroach into any
walkway area in a xnanner that would reduce the useable
width of the walkway to less than 4'. The rack shall be
located in a place with good visibility from both inside
and outside of the building, and in an area which will be
to discourage theit.
All landscaping including all trees, shrubs PL Occupancy Standard
and planting for the arbors and hardscape shall be installed
prior to the occupancy or use of the expanded portion of
the building. All improvements shall be to the satisfaction
of the Director ofl~blic Works.
Slopes in Landscaping Areas. The slope within
landscaping areas shall not exceed 4 horizontal to 1
vertical (4:1).
Landscaping at Aisle Intersections. Landscaping at PL, PW Completion of Standard
aisle intersections and at the driveway entrances shall be Impro~
such that vehicle sight distance as defined by the City of
Dublin standards is not obstructed. Except for canopy
trees, landscaping shall not grow to a height in excess of
30 inches above the curb in these areas.
Health, Design and Safety Standards. Prior to final PL, PW Occupancy Standard
approval allowing occupancy of the building, the physical
condition of the site shall meet minimum health, design,
and safety standards including, but not limited to the
The drive aisles and parking stalls shall be complete PW Occupancy Standard
and free of building materials, dirt, and/or debris to
allow for safe traffic movements.
All traffic striping and control signing in the Pw Occupancy Standatcl
parking lot shall be repainted or installed to the
satisfaction of the Public Works Director.
All new and existing parking lot lights shall be PW Occupancy Standard
functional.
Any required repairs to the street, curb, gutter, PW Standard
18
~ CONDITION TEXT RESPON. WHEN HOW IS
AGENCY REQ'D CONDITION
Prior to: SATISFIED?
and/or sidewalk that may create a hazard shall be
completed to the satisfaction of the Public Works
Director.
e. All sewer cleanrouts, water meter boxes, and other PW Occupancy of Smndant
utility boxes shall be set to grade, and appropriate Unit
covers shall be installed.
f. The building shall have Building Department final PW, B Occupancy of Standard
approval for occupancy. .. Unit
7 I. Parkland Dedication - The developer shall be required to PL Building Permit Standard
pay a Public Facilities Fee in the mounts and at the times
set forth in City of Dublin Resolution No. 32-96, adopted
by the City Council on March 26, 1996, or in the mounts
and at the times set forth in any resolution revising the
amount of the Public Facilities Fee. This fee shall apply
to the proposed expanded enclosed area.
72. Compliance With Requirements. Applicant/Developer F, PW, PO, Approval of Standard
Zone 7, Ink~ovement
shall comply with all applicable requirements of the DSR, PL Plans
Alameda County Fire Department, Public Works
Department, Dublin Police Service, Alameda County
Flood Control District Zone 7, and Dublin San 1Lamon
Services District.
731 Building Permits. To apply for bUilding permits, B Issuance of Standard
: Applicant/Developer shall submit thirteen (13) sets of Bnilding Permits
construction plans to the Building Department for plan
check. Each set of'plans shall have attached a copy of
these Conditions of Approval with the "How is Condition
Satisfied?" column, filled out. The notaions 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 issuance ofbuildin~ permits, ......
74. Containment of Trash & Debris. Measures shall b~ Pw During PW
taken to contain all construction-related trash, debris, and Conmucfion
materials on-site until proper disposal can be arranged.
The ApplicanffDeveloper shall keep the adjoining public
streets and sidewalk area clean and free of dirt, debris, and
materials at all times during the construction period. Alt
costs associated with the City' s efforts to mitigate a hazard
as a result of theakpplicant's/Developer's failure to
comply shall be borne by the Applicant/Developer.
75. Temporary Construction Fencing. The use of PW, B During PW
Construction
temporary construction fencing shall be installed to
safeguard the publiic during construction of the new
building and site irnprovements. Said fencing shall be
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~ CONDITION TEXT RESPON. W u,~N HOW IS
AGENCY REQ'D CONDITION
Prior to: SATISFIED?
subject to the review and approval of the Public Works
Director and the Building Official.
')6. Aboveground Utility Screening. All aboveground PL, PW ' Approval of Standard
utilities that cannot be placed underground (i.e. backflow Improvement
Plans
prevention devices, ,electrical transformers) shall be
screened using landscaping or an architectural feature
acceptable to the D~rector of Community Development
and Public Works Director.
77. Best Management Practices. Developer/Applicant shall PW On-going PW
demonstrate to the Director of Public Works that the
project develoPment meets the requiremems of the City of
Dublin's "Best Management Practice to mitigate storm
water pollution ........... ~ ........ ~
78. Energy Conservation. Building plans shall demonstrate PL, PW Issuance of Standard
the incorporation of energy conservation measures into the Building Permits
design, construction, and operation of the proposed
development.
PASSED, APPROVED 2MND ADOPTED this 15th day of January, 2002.
AYES: Councilmembers McCormick, Oravetz and Zika and Mayor Lockhart
NOES: None
ABSENT: None
}Vl~ayor
ATTEST: f-t) ,,w 2
~ ~.__C~y Clerk x,~
K:/G/1.15.02/reso-tar~t.doc (Item 6.1)
G:~PA~pa 01-025\CCSDR-S?A~SO-doc
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