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HomeMy WebLinkAbout6.1 The Village at Dublin Retail Center19- - 182 `O`�LIFOU�� STAFF REPORT CITY COUNCIL DATE: December 3, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager( 4L �a a CITY CLERK File #400- 20/410 -30/ 450 - 301420 -30 SUBJECT: The Village at Dublin Retail Center. General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development Rezoning, Site Development Review, Vesting Tentative Map, and Supplemental Environmental Impact Report (PLPA- 2012- 00031). Prepared by Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The City Council will consider The Village at Dublin General Plan and Eastern Dublin Specific Plan Amendment and associated implementation actions. The Proposed Project would involve the development of a 152,500 square foot retail commercial center on a 14.32 acre parcel at 5054 Hacienda Drive. Other improvements would include surface parking lots, installation of utilities and services, site landscaping, pedestrian plazas and placement of identification signs. Requested land use approvals include a General Plan Amendment, an amendment to the Eastern Dublin Specific Plan, Planned Development Rezoning, Site Development Review, and a Vesting Tentative Map. Certification of a Final Supplemental Environmental Impact Report (Final SEIR) is also being considered. FINANCIAL IMPACT: None at this time. The costs associated with processing The Village at Dublin project are borne by the Applicant. RECOMMENDATION: Staff recommends that the City Council conduct the public hearing, deliberate; adopt Resolution Certifying the Final Environmental Impact Report, adopting environmental findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program under CEQA for The Village at Dublin Retail Center; adopt Resolution Amending the General Plan and the Eastern Dublin Specific Plan for The Village at Dublin Retail Center; waive the first reading and INTRODUCE an Ordinance approving Ordinance amending the Zoning Map to rezone 14.32 acres of 5054 Hacienda Drive to a Planned Development Zoning District and approving the related Stage 1 and 2 Development Plan for The Village at Dublin Retail Center; and adopt Resolution Approving Site Development Review and Vesting Tentative Map for Parcel 3 of Parcel Map 8262 for The Village at Dublin Retail Center. Page 1 of 7 ITEM NO. 6.1 Submitted By Director of Community Development DESCRIPTION: Background Reviewed By Assistant City Manager The project site is vacant and is approximately 14.32 acres. It is located at the southwest corner of Dublin Boulevard and Hacienda Drive. The project site is shown below. K.M Al f� {� .. Figure 1: Vicinity Map Not: r Project Site . r° The project site currently has General Plan and Eastern Dublin Specific Plan land use designations of "Campus Office" and is in a Planned Development Zoning District (PA 85 -018). City Council Resolution 105 -85 approved the Planned Development Zoning District on the site, which outlined that the future site uses would be campus -type office uses. However, a detailed Development Plan (either Stage 1 or Stage 2) was never adopted. At the request of the Applicant (Regency Centers), on November 20, 2012, the City Council approved the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to consider changing the land use designations for the parcel from "Campus Office" to "General Commercial /Campus Office" in order to accommodate future retail commercial uses on the site (Attachment 1). Page 2 of 7 Proiect Proposal The proposed project for the site is a 152,500 square foot retail commercial center complete with associated site improvements. In addition to the General Plan and Eastern Dublin Specific Plan amendment, the Applicant is also requesting approval of a Planned Development Rezone with a Stage 1 and Stage 2 Development Plan, Site Development Review, and Vesting Tentative Map to subdivide the site into five separate parcels. ANALYSIS The analysis below describes the various components of the project. General Plan Amendments The following amendments to the General Plan are required in order to ensure the project, as proposed, is consistent with the document. The main amendment to the General Plan is to change the land use designation for the subject parcel from "Campus Office" to "General Commercial /Campus Office" to enable retail uses. Figure 1 -1 (General Plan Land Use Map) shall be amended accordingly. Table 2.2 (Land Use Development Potential: Eastern Extended Planning Area) shall be updated to subtract 14.32 acres from the Campus Office land use category and add 14.32 acres to the General Commercial /Campus Office land use category. The Resolution adopting amendments to the General Plan is included as Attachment 2 to this Staff Report. Eastern Dublin Specific Plan Amendments Similar to the General Plan Amendment, Figure 4.1 (Land Use Map) shall be amended to change the land use designation for the subject parcel from "Campus Office" to "General Commercial /Campus Office ". Table 4.1 (Eastern Dublin Specific Plan Land Use Summary) shall be updated to subtract 14.32 acres from the Campus Office land use category and add 14.32 acres to the General Commercial /Campus Office land use category. Table 4.2 (Eastern Dublin Specific Plan Population and Employment Summary) shall be updated to subtract the development potential square footage from the Campus Office land use category and add the development potential square footage to the General Commercial /Campus Office land use category. Table 4.3 (Projected Jobs /Housing Balance) shall be updated to include the amended jobs number based on the land use change from Campus Office to General Commercial /Campus Office. Lastly, Table 4.11 (Hacienda Gateway Subarea Development Potential) shall be updated to subtract 14.32 acres from the Campus Office land use category and add 14.32 acres to a new General Commercial /Campus Office land use category. The Resolution adopting amendments to the Eastern Dublin Specific Plan Amendment is included as Attachment 2 to this Staff Report. Planned Development Rezoning and Stage 1 /Stage 2 Development Plan: Typically, a Stage 1 Development Plan is adopted first to establish a concept site plan and lock in the development potential for a given site. At a later date, once the proposed project has been refined to a greater level of detail, a Stage 2 Development Plan is adopted that establishes the more complete development standards and design guidelines. Since the proposed project Page 3 of 7 has been completely designed, the Stage 1 and Stage 2 Development Plan in this case will be a combined document. The Stage 1 and Stage 2 Development Plan is proposed in accordance with Section 8.32.040 of the Dublin Zoning Ordinance. The Stage 1 and Stage 2 Development Plan would allow for up to 167,200 square feet of retail commercial development on the project site. This is 10% larger than the proposed project and is the amount of square footage studied in the Environmental Impact Report. This was done in order to allow the ultimate size of the project to increase slightly as the exact building sizes and locations were determined. The Stage 1 and 2 Development Plan details the permitted and conditional uses; site development standards, architectural and landscape standards and guidelines; data on site area, proposed densities and maximum amount of development on the project site. Attachment 3 describes the Stage 1 and Stage 2 Development Plan in greater detail. The Ordinance approving the Planned Development Rezoning and Stage 1 and Stage 2 Development Plan is included as Attachment 3 to this Staff Report. Site Development Review: The following is a summary of the key components of the project associated with the Site Development Review. Staff's discussion is broken down into several categories. Site Plan, Access, and Circulation: The project site is bounded by Dublin Boulevard to the north, Martinelli Way to the south, Arnold Road to the west and Hacienda Drive to the east. Because of the long, narrow nature of the site, the project is oriented east -west. The two main buildings face Martinelli Way and the rears of the buildings are oriented toward Dublin Boulevard. The main parking field for the retail center is on the south side of the two buildings. These buildings contain a majority of the commercial square footage (134,000 SF), while three pad buildings (18,500 SF in total) are proposed along the site perimeter. A main drive aisle bisects the site in a north -south direction, connecting to Sybase Drive at the north and the future entry to The Green project site at the south. This drive aisle serves as the main vehicular and pedestrian link to the future project to the south and to the campus office buildings to the north. The other main project entries are off Arnold Road and Hacienda Drive. There are also entries to the delivery areas and smaller employee parking areas off Dublin Boulevard, but these are expected to have limited vehicular ingress and egress in comparison to the main entry points. New bicycle facilities will be provided along Martinelli Way in the form of a Class I, ten foot wide multi use path and along Arnold Road in the form of a Class II six foot wide, in street bike lane. Bicycle facilities already exist on Dublin Boulevard and on Hacienda Drive. Bike lockers as well as conventional bike racks will be provided on site. Sheet Al of the Project Plan Set (Exhibit A to Attachment 4) illustrates the overall site plan. Architecture: The architectural concept for the retail center is very clean and contemporary. The building vocabulary and materials selection blend well with the surrounding uses while creating a unique design statement for this shopping center. The building forms are broken down both horizontally and vertically with variation in color and materials, which include a mixture of Page 4 of 7 plaster, stone, rustic metal trellis elements and awnings, bronze - framed windows, doors, and storefront systems, vertical composite wood slats, horizontal composite wood siding, and green screen grid forms that will allow for nearly full walls of landscape treatment. Each of the three major tenants has a glass entry element at the roofline, a feature that is repeated at the rear of Major 1 at the Dublin Boulevard project entry. The project is oriented to face towards Martinelli Way so that it can blend and relate well to the future development project on the south side of Martinelli (the future Green on Park Place project). Along the Dublin Boulevard frontage, attention has been paid to carrying the same design and materials along the back of the buildings, to ensuring that the screen walls that hide the loading docks use the same colors and materials, and to ensuring that building articulation and a variety of materials are employed on all four elevations. Sheets A2 through A9 of the Project Plan Set (Exhibit A to Attachment 4) illustrate the building elevations for each of the buildings on the project site. Sheet A10 identifies the building materials and color palette to be utilized throughout the retail center. Parking: The proposed project includes the provision of 828 parking spaces, which is well in excess of the City standards as outlined in Chapter 8.76 (Off Street Parking and Loading) of the Zoning Ordinance. Although all of the tenant users have not been identified, it is known that the center will be a mixture of retail, restaurant, and personal services uses. Even if it is assumed that only the three major tenants will be retail and all of the other tenants are restaurant uses (a "worst case" scenario from a traffic perspective), the amount of parking needed to serve the proposed 152,500 SF project would be 730 spaces. Even if an additional 14,700 SF of retail uses were built out (as permitted in the Stage 1 and Stage 2 Development Plan), a total of 779 spaces would be needed and there would still be a 49 space surplus on the project site to serve the proposed outdoor dining areas and other uses that may come along in the future and be more parking- intensive. Landscaping: The project site landscape concept emphasizes the creation of a comfortable pedestrian environment. With the design of generous eight -foot sidewalks along the main north -south drive aisle adorned with street trees and pedestrian - scaled lighting, the project provides a strong pedestrian connection with its neighbors to the north and to the south. Street trees will be installed along the project perimeter adjacent to the sidewalks within the public right of way. The project perimeter along Dublin Boulevard will have a four -foot tall gridded screen fence with pilasters that will help screen the employee parking area from public view. A thin landscape strip will be planted with species that will grow up and through the fence to eventually provide a solid landscape screen without the bulk and starkness of a wall. In addition to the trees provided in the parking lot and along the front of the retail /restaurant buildings, two pedestrian pathways have been designed to provide a travel route between Martinelli Way and the front of the two main buildings. Trees in wells with decorative grates will be planted along these pedestrian pathways. The site has several outdoor seating areas that are adjacent to future restaurant tenant spaces: on either side of the main north -south drive aisle, to the east of the Stores 1, and to the east of Pad 1. These spaces will be activated with tables and chairs, planters, and other outdoor site furniture. Page 5 of 7 Sheet L2 provides enlargements of the key areas on the project site, including the main entry drive at the north and the Dublin Boulevard /Hacienda Drive corner. The Dublin /Hacienda corner is particularly important in that the other three corners at this intersection are anchored by larger buildings. The Applicant is proposing a corner element that is designed with the same materials and colors as the retail /restaurant buildings. Sheet A9A provides a perspective of the corner element, which is highlighted by an internally - illuminated opaque lantern, adjacent decorative trellis, and a four -foot gridded screen wall to soften the view of the employee parking lot. Between the physical structures and the proposed landscape design, the corner element should be an attractive feature of the project that provides a solid anchor to the corner and a contextual connection to the rest of the retail center. Sheets L1 through L3 of the Project Plan Set (Exhibit A to Attachment 4) illustrate the landscape plans and details for the project site. Vesting Tentative Map — Parcel 3 of Parcel Map 8262 The Applicant is requesting to subdivide the single 14.32 acre parcel into five parcels for the purposes of separate building ownership. There will be a reciprocal parking agreement and reciprocal access agreements across all of the parcels to ensure that despite the potential for multiple parcel ownership, the retail center will function as a single entity. The proposed Vesting Tentative Map conforms to the City of Dublin General Plan, Eastern Dublin Specific Plan, and proposed Stage 1 and Stage 2 Development Plan, subject to the findings and Conditions of Approval. Sheet C -1 of the Project Plan Set (Exhibit A to Attachment 4) illustrates the proposed subdivision of the parcel. The Resolution approving Site Development Review and the Vesting Tentative Map for Parcel 3 of PM 8262 is included as Attachment 4 to this Staff Report. PLANNING COMMISSION REVIEW On November 12, 2013, the Planning Commission held a public hearing on The Village at Dublin project. The Planning Commission is typically the review and approval body for Site Development Review and Tentative Map applications. However, in the case of this project, the Planning Commission served as an advisory body to the City Council on these two actions. This was due to the fact that an Environmental Impact Report (EIR) needs to be certified before any other approval actions take place on the project. At the November 12, 2013 public hearing, the Planning Commission had a robust discussion on several of the architectural elements of the project. The Planning Commission agreed that they would like to see additional composite siding on the elevations facing Dublin Boulevard and Hacienda Drive, and further enhancement to the fence pilasters along these frontages. At the conclusion of the discussion, the Planning Commission voted to add one additional Condition of Approval to the Site Development Review resolution, which became COA No. 125. The Planning Commission adopted four Resolutions recommending approval of the project to the City Council. The November 12, 2013 draft meeting minutes are included as Attachment 5 to the Staff Report and Planning Commission Resolutions 13 -37, 13 -38, 13 -39, and 13 -40 (without attachments) are included as Attachment 6. Page 6 of 7 ENVIRONMENTAL REVIEW A Supplemental Environmental Impact Report (SEIR) was prepared to address potential environmental impacts of The Village at Dublin Retail Center. The Village at Dublin SEIR (SCH# 2013012027) was prepared in accordance with the California Environmental Quality Act (CEQA). The Draft SEIR was released for public review for a 45 -day period, from July 30, 2013 to September 13, 2013. Comments were received from three public agencies and interested parties. The comment letters, along with the City's response to those comments, are contained in the Final SEIR. The Final SEIR, environmental findings, Statement of Overriding Consideration, and Mitigation Monitoring and Reporting program are included as Exhibit A to Attachment 7 of this Staff Report. As required by CEQA, the Final SEIR (that includes the Response to Comments) was sent directly to those agencies that provided comments on the Draft EIR. The SEIR (comprised of the Draft SEIR and Final SEIR) is available for review at City Hall during normal business hours. The documents are also posted on the City's website. The Resolution certifying the Final SEIR is included as Attachment 7 to this Staff Report. NOTICING REQUIREMENTS /PUBLIC OUTREACH A notice of this public hearing was published in the Valley Times, mailed to all property owners and tenants within 300 feet of the project area boundaries, and all persons who have expressed an interest in being notified of actions related to this project were notified via email. The Staff Report for this public hearing was also available on the City's website. ATTACHMENTS: 1. City Council Resolution 195 -12 2. Resolution amending the General Plan and the Eastern Dublin Specific Plan for The Village at Dublin Retail Center 3. Ordinance amending the Zoning Map to rezone 14.32 acres of 5054 Hacienda Drive to a Planned Development Zoning District and approving the related Stage 1 and 2 Development Plan for The Village at Dublin Retail Center 4. Resolution approving Site Development Review and Vesting Tentative Map for Parcel 3 of Parcel Map 8262 for The Village at Dublin Retail Center, with the Project Plans included as Exhibit A 5. Draft November 12, 2013 Planning Commission Meeting Minutes 6. Planning Commission Resolutions 13 -37, 13 -38, 13 -39, and 13 -40 (without attachments) 7. Resolution certifying the Final Environmental Impact Report, adopting environmental findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program under CEQA for The Village at Dublin Retail Center, with the Draft SEIR and Final SEIR included as Exhibit A Page 7 of 7 RESOLUTION NO. 195 - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE INITIATION OF A GENERAL PLAN AND EASTERN DUBLIN SPECIFIC PLAN AMENDMENT STUDY TO CHANGE THE LAND USE DESIGNATIONS FOR A 14.32 ACRE PARCEL AT THE SOUTHWEST CORNER OF DUBLIN BOULEVARD AND HACIENDA DRIVE FROM "CAMPUS OFFICE" TO "GENERAL COMM ERCIALICAMPUS OFFICE" (APN 986- 0033 - 007 -00) WHEREAS, the Alameda County Surplus Property Authority, submitted a request to study changing the General Plan and Eastern Dublin Specific Plan land use designations for a 14.32 acre parcel at the southwest corner of Dublin Boulevard and Hacienda Drive from "Campus Office" to "General Commercial /Campus Office "; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth, and supports the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the initiation of a General Plan and Eastern Dublin Specific Plan Amendment Study to change both the General Plan and Eastern Dublin Specific Plan land use designations for a 14.32 acre parcel at the southwest corner of Dublin Boulevard and Hacienda Drive from "Campus Office" to "General Commercial/Campus Office ". PASSED, APPROVED AND ADOPTED this 20th day of November 2012, by the following vote: AYES: Counciimembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None Mayor ATT T: City Clerk Reso No. 195 -12, Adopted 11- 20 -12, Item 7.1 Page 1 of 1 RESOLUTION NO. xx -13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN FOR THE VILLAGE AT DUBLIN RETAIL CENTER PLPA- 2012 -00031 WHEREAS, the Applicant, Regency Centers, has submitted a Planning Application to construct a retail commercial center of up to 167,200 square feet on a vacant 14.32 acre site at 5054 Hacienda Drive. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Village at Dublin Retail Center Project" or the "Project "; and WHEREAS, approval of the project as proposed requires that certain amendments be made to the General Plan and Eastern Dublin Specific Plan so that the two documents are consistent with the proposed General Commercial use of the site; and WHEREAS, the General Plan and Eastern Dublin Specific Plan land use designation for the project site is amended from "Campus Office" to a combined "General Commercial /Campus Office" to enable the construction of a retail shopping center. In addition, other provisions of the General Plan and Eastern Dublin Specific Plan are amended to ensure consistency with the new land use designation for this 14.32 acres; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared a Draft Supplement Environmental Impact Report (EIR) dated July 2013 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, the Draft SEIR was circulated from July 30, 2013 to September 13, 2013 (45 days) for public comment; and WHEREAS, comments received on the Draft SEIR were reviewed and responded to, and the Final EIR (that contains the Response to Comments) dated October 2013 was prepared; and WHEREAS, consistent with section 65352.3 of the California Government Code, the City obtained a contact list of local Native American tribes from the Native American Heritage Commission and notified the tribes on the contact list of the opportunity to consult with the City on the proposed General Plan amendment. None of the contacted tribes requested a 1 consultation within the 90 -day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13 -37 recommending that the City Council certify the Final SEIR for the project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13 -38 recommending that the City Council approve the proposed General Plan and Eastern Dublin Specific Plan amendments, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, a Staff Report, dated December 3, 2013 and incorporated herein by reference, described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the Project, including the proposed General Plan and Easter Dublin Specific Plan amendments, on December 3, 2013, at which time all interested parties had the opportunity to be heard; and WHEREAS, on December 3, 2013, the City Council adopted Resolution xx -xx certifying The Village at Dublin Final SEIR and adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the City Council considered the Final SEIR and all above - referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the City Council finds that the General Plan and Eastern Dublin Specific Plan amendments, as set forth below, are in the public interest, will promote general health, safety and welfare, and that the General Plan as amended will remain internally consistent. The proposed project is consistent with the guiding and implementing policies of the General Plan in each of the Elements and will allow for development of a retail commercial shopping center in an area that has long been envisioned for commercial /office development. The development of the project is consistent with the goals and policies of the General Plan Land Use Element, Public Lands and Utilities Element, Circulation and Scenic Highways Element, Community Design and Sustainability Element, and the Economic Development Element. The General Plan amendments noted below will ensure that the implementation of the proposed project is in compliance with the General Plan and that each Element within the General Plan is internally consistent. BE IT FURTHER RESOLVED that the City Council hereby adopts the following amendments to the General Plan: 2 Figure 1 -1 (Land Use exhibit) shall be amended with a new designation for the project site as shown below: PubliclSeni- PubliclOperi Space Con merciallind ustria l Dowmown Dublin 6J ReG,o Ia ........mmerna Downtown Dublin- viiijgo Paaavay Dlstmat Parketle- esacraebon R.tamomo. Downs wn Dublm- Trensu- Omenlea DismN - open Speoe Ratallromce anaAu[omoave ® Downtown Dublin - Retail(Miniet stsaam C.Mdor Neighborhood C. — ... I Public sands Generei c.in. —aVC —pus ote. Residerrtial 3 Table 2.2 (Land Use Development Potential: Eastern Extended Planning Area) shall be amended as shown below (table footnotes not included): TABLE 2.2: Land Use Development Potential. Eastern Extended Planning Area Classification Acres Intensity" Units Factor Yield RESIDENTIAL Du's /acre Du's Persons /du Population High Density 65.6 25.1+ 1647+ 2.7 4447+ Medium -High Density 132.1 14.1 -25.0 1863 -3302 2.7 5030 -8915 Medium -High Density and Retail /Office 0 14.1 -25.0 0 2.7 0 Medium Density 378.1 6.1 -14.0 2306 -5293 2.7 6626 -14291 Single Family 725 0.9 -6.0 652 -4350 2.7 1760 -11745 Estate Residential 30.5 0.01 -0.8 0 -24 2.7 0 -65 Rural Residential /Agriculture 325.7 0.01 3 2.7 9 TOTAL 1 1657 1 1 6471. 14619+ 1 1 17472.39472 COMMERCIAL Acres Floor Area Ratio (Gross) Square Feet (millions) Square Feet / Employee Jobs General Commercial 299.1 .20 -.60 2.61 -7.82 510 5118 -15333 General Commercial /Campus Office 95.22 .20 -.80 .83 -3.32 385 2155 -7325 Mixed Use 11.3 .30 -1.00 .15 -.49 490 306 -1000 Mixed Use 2/Campus Office 22.9 .45 max .45 260 1731 Neighborhood Commercial 24.8 .25 -.60 .27 -.65 490 551 -1327 Campus Office 195.58 .25 -.80 2.13 -6.82 260 8192 -26214 Industrial Park 56.4 .35 max .86 590 1458 Industrial Park/Campus Office 0 .25 -.35 0 425 0 TOTAL: 705.3 7.33 -20.4 19511 -54388 PUBLIC /SEMI - PUBLIC /OPEN SPACE Acres FAR (Gross) Square Feet (millions) Square Feet/ employee Jobs Public /Semi - Public 94.1 .50 max 2.05 590 3475 Semi - Public 3.2 .50 max .07 590 119 Acres Number Parks /Public Recreation 196.3 Regional Parks 1.2 1 Open Space 720.7 Schools Acres FAR (Gross) Square Feet (millions) Square Feet/ employee Jobs Elementary School 48.7 .50 max 1.06 590 1797 Middle School 27.8 .50 max .61 590 1034 High School 0 TOTAL: 1092 3.79 6425 Acres Dwelling Units population Square Feet (millions) Jobs GRAND TOTAL: 3454.3 6471- 14619+ 17472 -39472 11.12 -24.19 25936 -60813 BE IT FURTHER RESOLVED that the City Council hereby finds that the amendments to the Eastern Dublin Specific Plan are consistent with the Dublin General Plan as amended because the amendments conform the Specific Plan to match the change in the General Plan Use Designation for the Property and make other corresponding changes based on that change in use. 12 BE IT FURTHER RESOLVED that the City Council hereby adopts the following amendments to the Eastern Dublin Specific Plan: Figure 4.1 (Land Use Map) shall be amended with a new designation for the project site as shown below- Pu blic/Sem i- Pub lIdOpen Space CommerciaPlnduetrial Downtown Dublin - Raglonel Park Ganarel Commerclel 0 oowntown Dublln- Vlllago Parkwayolstnbt Parke) Pabllc Recreebon Rata IOMro Downtown Dublln- Trened- Oriented Dlatrld - Open Spaoe . RetaIVOMro dMtamobve ® Downtown Dublln - Retail Distrld li Stream Corridor ' Neighborhood Commemal Pnbho Lands 0enare1 C—ra llailcampue 0M. Residential 5 Table 4.1 (Eastern Dublin Specific Plan Land Use Summary) shall be amended as shown below (table footnotes not included): TABLE 4.1: EASTERN DUBLIN SPECIFIC PLAN LAND USE SUMMARY (Amended Per Resolution No. 66 -03, 47 -04, 223 -05, 58 -07, 37 -08, 210 -08, 176 -09, 55 -12, 92 -12, 210 -12) Land Use Description LAND AREA DENSITY YIELD COMMERCIAL /INDUSTRIAL General Commercial 356.8 acres .25 -.35 FAR 4.122 MSF General Commercial /Campus Office 87.02 acres .28 FAR 1.061 MSF Industrial Park* 61.3 acres .25 -.28 FAR .747 MSF Neighborhood Commercial 61.4 acres .30 -.35 FAR .871 MSF Mixed Use 4.6 acres .30 -1.0 FAR .005 MSF Campus Office 178.34 acres .35 -.75 FAR 3.418 MSF Subtotal 749.5 acres 10.224 MSF RESIDENTIAL High Density 68.2 acres 35 du /ac 2,387 du Medium High Density 145.8 acres 20 du /ac 2,916 du Medium Density ** 473.2 acres 10 du /ac 4,732 du Single Family * * ** 936.35 acres 4 du /ac 3,745 do (3) Estate Residential 30.4 acres 0.13 du /ac 4 du Rural Reside ntial/Ag ric. 546.35 acres .01 du /ac 5 du Mixed Use 4.6 acres * ** 15 du /ac 115 du Subtotal 2,204.9 acres 13,904 du PUBLIC /SEMI- PUBLIC Public /Semi - Public 95.2 acres .24 FAR .995 MSF Semi - Public 8.5 acres .25 FAR Subtotal 103.7 acres .995 MSF SCHOOLS Elementary School 66.5 acres(') 5 schools Junior High School 21.3 acres 1 school Subtotal 87.8 acres PARKS AND OPEN SPACE City Park 56.3 acres 1 park Community Park 97.0 acres 3 parks Neighborhood Park 49.0 acres 7 parks Neighborhood Square 16.7 acres 6 parks Subtotal 219 acres 17 parks Open Space 705.2 acres TOTAL LAND AREA 4,070.1 acres Table 4.2 (Eastern Dublin Specific Plan Population and Employment Summary) shall be amended as shown below (table footnotes not included): TABLE 4.2: EASTERN DUBLIN SPECIFIC PLAN POPULATION AND EMPLOYMENT SUMMARY (Amended Per Resolution No. 47 -04, 223 -05, 58 -07, 37 -08, 176 -09, 55 -12, 92 -12, 210 -12) Land Use Designation Development Sq Ft/Employees Persons /du Jobs Commercial Ratio Units Industrial Park .747 MSF 590 Existing City of 1,266 General Commercial /Campus Office* 1.061 MSF 385 1.02:1.0 2,756 General Commercial 4.122 MSF 510 8,082 Neighborhood Commercial .885 MSF 490 22,545 1,806 Mixed Use ** .005 MSF 490 10 Campus Office 3.418 MSF 260 1 21,017 13,416 Public /Semi Public .995 MSF 590 1,686 Semi - Public 590 TOTAL: 11.233 MSF 29,022 Residential Population High Density 2,387 2.0 4,774 Medium High Density 2,866 2.0 5,732 Medium Density 4,732 2.0 9,464 Single Family * ** (1) 3,808 3.2 12,186 Estate Residential 4 3.2 13 Mixed Use ** 115 2.0 230 Rural Residential /Agric. 5 3.2 16 TOTAL: 13,917 32,415 Table 4.3 (Projected Jobs /Housing Balance) shall be amended as shown below (table footnotes not included): TABLE 4.3: CITY OF DUBLIN PROJECTED JOBS /HOUSING BALANCE (Amended Per Resolution No. 223 -05, 58 -07, 37 -08, 55 -12, 92 -12, 102 -12) PLANNING AREA Dwelling Jobs Employed Balance Ratio Units Residents Existing City of 7,100 12,210 12,000 -210 1.02:1.0 Dublin Eastern Dublin 13,917 29,022 22,545 -6,879 1.29:1.0 Specific Plan Area TOTAL: 1 21,017 41,232 34,545 -6.687 1 1.19:1.0 7 Table 4. 11 (Hacienda Gateway Subarea Development Potential) shall be amended as shown below (table footnotes not included): TABLE 4.11 HACIENDA GATEWAY SUBAREA DEVELOPMENT POTENTIAL (Amended Per Resolution 47 -04) Designation Acres Density DEVELOPMENT POTENTIAL General Commercial 85.8 .21 FAR .800 MSF General Commercial 27.54 .38 FAR .454 MSF General Commercial /Campus Office 14.32 .27 FAR .167 MSF Neighborhood Commercial 0.0 .30 FAR Campus Office 50.68 .37 FAR .817 MSF Campus Office 19.0 .50 FAR .420 MSF Campus Office 30.2 0.85 FAR 1.119 MSF Subtotal 227.54 3.777 MSF Medium High Density Residential 16.2 20 du /ac 324 du Residential Subtotal 16.2 324 du Semi - Public 0 MSF Total 243.74 3.777 MSF and 324 du PASSED, APPROVED, AND ADOPTED this day of , 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor G:IPA #1201 ZPLPA- 2012 -00031 Regency Center Site 16A GPA SPA PD SDRIPC 11.12.20131PC Att 2 - Exhibit A -CC Reso SP and GPA.docx 0 ORDINANCE NO. xx — 13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * ** AMENDING THE ZONING MAP TO REZONE 14.32 ACRES AT 5054 HACIENDA DRIVE TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE VILLAGE AT DUBLIN RETAIL CENTER PROJECT PLPA- 2012 -00031 (APN 986- 0033 - 007 -00) WHEREAS, the Applicant, Regency Centers, has submitted a Planning Application to construct a retail commercial center of up to 167,200 square feet on a vacant 14.32 acre site at 5054 Hacienda Drive. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Village at Dublin Retail Center Project" or the "Project "; and WHEREAS, approval of the project as proposed requires rezoning the Project properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the City prepared a Draft Supplement Environmental Impact Report (EIR) dated July 2013 for the proposed Project which reflected the City's independent judgment and analysis of the potential environmental impacts of the Project; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13 -37 recommending that the City Council certify the Final SEIR for the project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution ADD NUMBER recommending that the City Council approve rezoning the Project properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, a Staff Report, dated December 3, 2013 and incorporated herein by reference, described and analyzed the Project, including the General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, for the City Council; and WHEREAS, the City Council held a properly noticed public hearing on the Project, including the proposed rezoning of the Project properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, on December 3, 2013, at which time all interested parties had the opportunity to be heard; and WHEREAS, on December 3, 2013, the City Council adopted Resolution xx -xx certifying The Village at Dublin Final SEIR and adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the City Council considered the Final SEIR and all above - referenced reports, recommendations, and testimony to evaluate the Project. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Findings A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows. 1. The Village at Dublin Retail Center Project ( "the Project ") PD- Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan. 2. Development of The Village at Dublin Retail Center Project under the PD- Planned Development zoning and the related Stage 1 and Stage 2 Development Plan will be harmonious and compatible with existing and future development in the surrounding area in that the site will provide new retail, restaurant, and personal services to residents in an area that has similar uses nearby and is also adjacent to existing and future workplaces and residential neighborhoods. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The PD- Planned Development zoning for The Village at Dublin Retail Center Project and the related Stage 1 and Stage 2 Development Plan will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed Site Plan has taken into account sensitive adjacencies and will provide a wide range of amenities to the surrounding neighborhoods. 2. The project site is physically suitable for the type and intensity of the zoning district being proposed in that the Project maintains the general character and density of adjacent development. The project site conditions are documented in the Supplemental Environmental Impact Report (SEIR) that has been prepared, the environmental impacts that have been identified will be mitigated to the greatest degree possible, and the project will implement all adopted mitigation measures. There are no site conditions that were identified in the SEIR that will present an impediment to utilization of the site for the intended purposes. There are no major physical or topographic constraints and thus the 2 site is physically suitable for the type and intensity of the retail commercial center approved through the PD zoning. 3. The PD- Planned Development zoning 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 welfare in that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. The Project uses are compatible with surrounding uses. 4. The PD- Planned Development zoning is consistent with and in conformance with the Dublin General Plan, as amended, and the Eastern Dublin Specific Plan, as amended, in that the proposed use as a future retail commercial shopping center is consistent with the General Commercial /Campus Office land use designation for the site. SECTION 2: ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District: 14.32 acres at 5054 Hacienda Drive. APN 986- 0033 - 007 -00. ( "the Property "). A map of the rezoning area is shown below: 3 SECTION 3. APPROVAL OF STAGE 1 AND STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1/2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 1/2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 1/2 Development Plan for The Village at Dublin Retail Center Project This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for both a Stage 1 and Stage 2 Development Plan set forth in Chapter 8.32 of the Zoning Ordinance and is adopted as part of the PD- Planned Development rezoning for Village at Dublin Retail Center Project, PLPA -2012- 00031. The PD- Planned Development District and this Stage 1/2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Zoning. The Zoning for the subject property is PD- Planned Development (PLPA -2012- 00031). 2. Statement of Permitted Uses. Permitted Uses (as defined by the Zoning Ordinance): • General outdoor seating areas (plaza seating areas, benches, chairs, cafe tables) not dedicated to a specific user are permitted throughout the project area in any location. • Retail - General and Retail- Neighborhood use types • Offices - Professional /Administrative • Personal Services • Eating, drinking and entertainment establishments including the following: • Eating and Drinking Establishments, including the following: • Eating and Drinking Establishment — General • Eating and Drinking Establishment — Specialty • Eating and Drinking Establishment — Take Out • Outdoor Dining Areas (supplemental to an existing indoor restaurant) are permitted as identified on the Site Plan (Sheet Al of the Project Plans). Outdoor Dining Area is defined as a controlled outdoor dining space (not enclosed in a building, but enclosed with a fence or barrier), which is supplemental to an indoor restaurant and dedicated to the use of a single tenant or tenants. Additional Outdoor Dining Areas may be permitted through a Site Development Review Waiver Permitted with a Conditional Use Permit and /or Zoning Clearance /Minor Use Permit (as defined by the Zoning Ordinance): • Community Facility • Recreational Facility — Indoor • Daycare Center • Community Care Facility (Large) • Nightclub 5 Prohibited Uses-. o Drive through facilities 3. Stage 1 and 2 Site Plan. The Stage 2 Development Plan is shown below and is also included as Sheet Al in the Project Plan Set, dated received October 29, 2013, on file at the Community Development Department. _ m l = ST E IJ, •I 19.$00 SF 11� JI 't 178 .7p � 950 SF �� IIIIIIIII_I_I1111�11LLIIJ�111 ��� J11_LI�LII�- �____ -_ - MAJOR1 w,o90 SF STOR S1 1].50 SF . —. PAD2 _ • a RETAIL ' 4.000 SF PAD 1 s,—SF 4. Site area, proposed densities, and development regulations. 1L 111 -- -- � - , TT Maximum Building Heights: 40 feet Signage Pursuant to an approved Master Sign Program Minimum Lot Size None Maximum lot coverage 27% Maximum Building Area 167,200 square feet Maximum Floor Area Ratio .27 Parking Stall Dimensions Standards Per Chapter 8.76 Off - Street Parking And Loading Regulations of the Dublin Zoning Ordinance Minimum Setbacks Per the Civil Site Plan (Sheet C -2 of the Project Plans) Parking Spaces Required: 828 spaces to be provided according to Site Plan, which based on the expected tenant mix of retail and restaurant uses, is expected to be well in excess of City requirements. 5. Phasing Plan. The project site will be graded, improved, and constructed as a whole, but will likely be broken up into different building permit submittals. 6. Preliminary Landscape Plan. Sheets L1 through L3, inclusive, of the Project Plans illustrate the conceptual design. 6 7. Architectural Standards. The conceptual architectural design of the project shall reflect the following standards as illustrated in the Project Plans. The architectural design shall: • Employ a variety of materials, textures and colors to provide visual interest in the project and to complement its surroundings. • Use diversity of colors and textures in the building finishes to provide a varied and interesting base form for the buildings. • Incorporate features such as different wall planes, heights, wall textures, roof elements, storefront designs, awnings, canopies, trellises, base treatments, signs, light fixtures and landscaping to contribute layers of detail at the pedestrian level. • Provide functional outdoor plazas where people will gather and socialize, with landscaping, outdoor seating, enhanced paving treatment, and other features to provide an appropriate urban scale for the center. 8. Consistency with General Plan and any applicable Specific Plan. The proposed project is consistent with the General Plan (as amended) and Eastern Dublin Specific Plan (as amended). 9. Inclusionary Zoning Regulations. The Inclusionary Zoning Regulations do not regulate non - residential projects, so therefore this is not applicable. 10. Aerial Photo. An aerial photo is on file with the Community Development Department. 11.Applicable Requirements of Dublin Zoninq Ordinance. Except as specifically provided in this Stage 1 and Stage 2 Development Plan, the use, development, improvement and maintenance of the property shall be governed by the C -2 (General Commercial Zoning District) provisions of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C. No development shall occur on this property until a Site Development Review permit has been approved for the property. 12. Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply with all applicable action programs and mitigation measures of the Eastern Dublin Specific Plan and General Plan Amendment EIR and The Village at Dublin Project Supplemental EIR. SECTION 4. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be enforced thirty (30) days from and after its passage. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this day of 2013, by the following votes: 7 AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor RESOLUTION NO. xx -xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW AND A VESTING TENTATIVE MAP FOR PARCEL 3 OF PARCEL MAP 8262 FOR THE VILLAGE AT DUBLIN RETAIL CENTER (APN 986- 0033 - 007 -00) PLPA- 2012 -00031 WHEREAS, the Applicant, Regency Centers, has submitted a Planning Application to construct a retail commercial center of up to 167,200 square feet on a vacant 14.32 acre site at 5054 Hacienda Drive. The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as "The Village at Dublin Retail Center Project" or the "Project "; and WHEREAS, the project site is located within a Planned Development Zoning District; and WHEREAS, the Project Plans, attached as Exhibit A, illustrate the site layout and building elevations for approximately 152,500 square feet of retail commercial uses, which are permitted by the Eastern Dublin Specific Plan and General Plan, as amended; and WHEREAS, the Project Plans also illustrate the proposed subdivision of a single 14.32 acre parcel into five separate parcels, ranging in size from 7,462 square feet (Lot 5) to 7.87 acres (Lot 1); and WHEREAS, the Site Development Review and Vesting Tentative Map application collectively defines this "Project" and is available and on file in the Community Development Department; and WHEREAS, in accordance with the California Environmental Quality Act certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend approval to the City Council of project - related General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report for The Village at Dublin Retail Center; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13 -37 recommending that the City Council certify the Final SEIR for the project, which Resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13 -38 recommending that the City Council approve the proposed General Plan and Eastern Dublin Specific Plan amendments, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, on November 12, 2013, the Planning Commission adopted Resolution 13 -39 recommending that the City Council approve Site Development Review and a Vesting Tentative Map for Parcel 3 of Parcel Map 8262 for The Village at Dublin Retail Center with associated findings and recommended Conditions of Approval, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, the City Council did hold a public hearing on said application on December 3, 2013 for this project, at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the City Council approve the Site Development Review and Vesting Tentative Map application; and WHEREAS, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. WHEREAS, on December 3, 2013, the City Council adopted Resolution xx -xx certifying The Village at Dublin Final SEIR and adopting CEQA findings, a Statement of Overriding Considerations, and Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, the City Council considered the Final SEIR and all above - referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make the following Site Development Review findings and determinations regarding The Village at Dublin Retail Center Project on approximately 14.32 acres at 5054 Hacienda Drive: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review) of the Zoning Ordinance, with the General Plan, and any applicable Specific Plans and design guidelines because: 1) The project provides an orderly, attractive and harmonious development compatible with the site's environmental conditions and with surrounding properties and neighborhoods. The development gives thoughtful consideration to building location, architectural and landscape design and theme, vehicular and pedestrian access and on -site circulation, parking and traffic impact. It complies with development regulations and the requirements of the zoning district, as required by Section 8.104.020.A of the Dublin Zoning Ordinance; 2) the project is utilizing traditional building forms with contemporary, high - quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan and Community Design and Sustainability Element of the General Plan; 3) the project will provide unique, varied, and distinct commercial opportunities, which will serve to activate the area and provide services to existing and future residents and workers in the vicinity; 4) the proposed project will conform to the density, design, and allowable uses as stated in the Stage 2 Development Plan as required by Section 8.104.020.13 2 of the Dublin Zoning Ordinance; 5) the project includes streetscape enhancements to complement those already in place; and 6) the project is consistent with the General Plan and Eastern Dublin Specific Plan, as amended. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) The architecture and landscape design for the project provides an appropriate pedestrian scale with commercial retail uses, restaurants and the proposed layout of buildings, landscaping and parking are well- suited to the uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed project is consistent with the Eastern Dublin Specific Plan because the Plan states that regionally- oriented commercial uses should be located south of Dublin Boulevard and near freeway interchanges where convenient vehicular access will limit traffic impacts to the rest of Dublin and the retail center is intended to serve the community as well as the region; 4) the overall project, is consistent with the total development potential for the site as stated in the Stage 1 and Stage 2 Development Plan; 5) the proposed development is compatible with the General Plan Land Use designation of General Commercial /Campus Office (as amended) which allows for a retail and restaurant uses which the proposed project will achieve; and 6) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that includes office, residential, and commercial uses. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot(s) in which the project is proposed because: 1) The architecture and landscape design for the project provides an appropriate pedestrian scale with commercial retail uses, restaurants and the proposed layout of buildings, landscaping and parking are well- suited to the uses; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan; 3) the proposed development is compatible with the General Plan Land Use designation of General Commercial /Campus Office (as amended) which allows for a retail and restaurant uses which the proposed project will achieve; and 4) the proposed project meets the intent of the Dublin General Plan which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that includes office, residential, and commercial uses. D. The subject site is suitable for the type and intensity of the approved development because: 1) the project will provide the desired mix of retail stores, eating and drinking establishments, and associated uses that conform to the General Commercial /Campus Office land uses stipulated in the Dublin General Plan and the Eastern Dublin Specific Plan; 2) the project provides for its own infrastructure and required services and is designed to include sufficient vehicular and pedestrian access, with parking to support the uses; and 3) the proposed density of the site is consistent with the General Plan and Eastern Dublin Specific Plan (as amended). E. Impacts to existing slopes and topographic features are addressed because: 1) the project site is relatively flat; 2) the roadway and utility infrastructure to serve the site already exists, and 3) future approval of grading and improvement plans will enable 3 the site to be modified to suit the project, which will be developed for the site in accordance with City policies and regulations. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the architectural style and materials will be consistent and compatible with the contemporary architectural style, colors, and materials being utilized on other commercial projects in the City; 2) the project is utilizing traditional building forms with contemporary, high - quality materials and finishes in compliance with the design guidelines of the Eastern Dublin Specific Plan; 3) the size and scale of the development will be similar to other retail commercial shopping centers in the project vicinity; and 4) unsightly uses (e.g. loading docks, parking lots) shall be screened with appropriate materials that are architecturally compatible with the building design. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the Preliminary Landscape Plan for the project site emphasizes the creation of a comfortable pedestrian environment that will include eight -foot sidewalks along the main north -south drive aisle adorned with street trees and pedestrian - scaled lighting; 2) landscaping will be provided throughout the parking fields both at the front and rear of the project buildings; and 3) the project perimeter and interior landscaping is consistent with other commercial development in the vicinity and conforms to the requirements of the City's Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) all infrastructure including driveways, pathways, sidewalks, and street lighting have been reviewed for conformance with City policies, regulations, and best practices and have been designed with multi - modal travel in mind; and 2) development of this project will conform to the major public improvements already installed allowing patrons the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the following Vesting Tentative Map findings and determinations regarding Vesting Tentative Map for Parcel 3 of PM 8262 for The Village at Dublin Retail Center Project: A. Vesting Tentative Map for Parcel 3 of PM 8262 is consistent with the intent of applicable subdivision regulations and related ordinances. B. The design and improvements of Vesting Tentative Map for Parcel 3 of PM 8262 are consistent with the General Plan and Eastern Dublin Specific Plan objectives, polices, general land uses, and programs as they relate to the subject property in that it is the subdivision of one parcel into five parcels for the purposes of ownership, which is typical for this type of retail commercial shopping center development. 4 C. Vesting Tentative Map for Parcel 3 of PM 8262 is consistent with the General Provisions and Development Standards for the Planned Development Zoning District for The Village at Dublin (PLPA- 2012 - 00031), and therefore is consistent with the City of Dublin Zoning Ordinance. D. The project site is located adjacent to major roads, including Dublin Boulevard, Hacienda Drive, Martinelli Way, and Arnold Road, on approximately 14.32± acres of land. The topography of the property is generally flat. The site is physically suitable for the type and intensity of the proposed General Commercial /Campus Office development. E. The Vesting Tentative Map design and proposed types of improvements will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns because based on the analysis in the Final SEIR, all impacts to fish or wildlife or their habitats are less than significant or will be mitigated to less than significant with the adopted mitigation measures and the subdivision or improvements will not cause public health concerns. F. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve the Vesting Tentative Map and Site Development Review for The Village at Dublin Retail Center project, as shown on plans prepared by Johnson Lyman Architects, stamped received October 29, 2013, subject to the conditions included below. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments /agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P &CS] Parks & Community Services, [ADM] Administration /City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. 5 CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: SOURCE GENERAL CONDITIONS - SITE DEVELOPMENT REVIEW and TENTATIVE SUBDIVISION MAP 1 , Approval. This Site Development Review and PL Ongoing Planning Tentative Subdivision Map approval for The Village @ Dublin Retail Center project establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review /Tentative Subdivision Map approval generally shall conform to the project plans submitted by Johnson Lyman Architects and Cardno WRG (Civil 5 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: Engineers) dated received October 29, 2013 and on file in the Community Development Department, and other plans, text, and diagrams — including the color and material board — relating to this Site Development Review /Vesting Tentative Map approval, unless modified by the Conditions of Approval contained herein. 2. Permit Expiration. Approval of this Site PL One year After DMC Development Review /Tentative Subdivision Map Effective Date 8.96.020. approval shall be valid for one (1) year from the D approval of the project by the City Council. This approval shall be null and void in the event the approved use fails to be established within the prescribed time. Commencement of the use means the establishment of use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 3, Time Extension. The original approving decision- PL One Year DMC maker may, upon the Applicant's written request for Following 8.96.020. an extension of approval prior to expiration, upon the Expiration E determination that all Conditions of Approval remain Date adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. Subsequent six month extensions may be granted at the discretion of the Community Development Director. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. 4, Compliance. The Applicant/Property Owner shall PL On -going DMC operate this use in compliance with the Conditions of 8.96.020.F Approval of this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. 5. Effective Date. This approval shall become effective PL Ongoing Planning on the effective date of the following entitlements : 1. Resolution amending the General Plan and the Eastern Dublin Specific Plan for the project; and 2. Ordinance approving a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan for the project. If the above entitlements do not take effect, the SDR /Tentative Map approval is null and void. 6. Revocation of Permit. The Site Development PL On -going DMC Review /Tentative Subdivision Map approval shall be 8.96.020.1 revocable for cause in accordance with Section CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7, Requirements and Standard Conditions. The Various Building Permit Standard Applicant/ Developer shall comply with applicable City Issuance of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. g, Required Permits. Developer shall obtain all permits PW Building Permit Standard required by other agencies including, but not limited to Issuance Alameda County Environmental Health, Alameda County Flood Control and Water Conservation District (Zone 7), California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans, or other regional /state agencies as required by law. Copies of the permits shall be provided to the Public Works Department. g, Fees. Applicant/Developer shall pay all applicable Various Building Permit Various fees in effect at the time of building permit issuance, Issuance including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 10. Indemnification. The Developer shall defend, ADM On -going Administra indemnify, and hold harmless the City of Dublin and its tion/ agents, officers, and employees from any claim, City action, or proceeding against the City of Dublin or its Attorney agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: defense of such actions or proceedings. 11. Clarification of Conditions. In the event that there PW On -going Public needs to be clarification to the Conditions of Approval, Works the Community Development Director and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. 12. Clean -up. The Applicant/Developer shall be PL On -going Planning responsible for clean -up and disposal of project related trash to maintain a safe, clean, and litter -free site. 13. Modifications. Modifications or changes to this Site PL On -going DMC Development Review /Tentative Subdivision Map 8.104 approval may be considered by the Community Development Director in compliance with Chapter 8.104 of the Zoning Ordinance and in compliance with the Subdivision Ordinance. 14. Archaeology. Should any prehistoric, cultural, or PL During Planning historic artifacts be exposed during excavation and Construction construction operations, the Department of Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. Compliance with this condition required throughout construction. PLANNING DIVISION - PROJECT SPECIFIC CONDITIONS 15. Equipment Screening. All electrical equipment, fire PL Building Permit Planning risers, and /or mechanical equipment shall be Issuance screened from public view by landscaping and /or and architectural features. Any roof - mounted equipment Through shall be completely screened from adjacent street Completion/ view by materials architecturally compatible with the On -going building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Director of Community Development. CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 16. Truck Dock Screening. The truck dock shall be PL Building Permit Planning completely screened from adjacent street view by Issuance materials architecturally compatible with the building and and to the satisfaction of the Community Development Through Director. The Building Permit plans shall show Completion/ screening walls of sufficient height to screen a truck On -going parked in the dock. 17. Colors. The exterior paint colors of the buildings shall PL Occupancy Planning be in compliance with the Color and Material Board approved with the Project Plans. The Applicant shall paint small portions of the building the approved colors for review and approval by the Director of Community Development prior to painting the entire buildings, whose approval shall not be unreasonably withheld. 18. Approval of Design Details Prior to Full PL Building Permit Planning Installation. Details of the following site features and Issuance improvements shall be reviewed and approved by the Community Development Director prior to permit issuance: 1. Perimeter 4' metal lattice screening fence with pilasters. 2. Bicycle lockers. 3. Paving pattern, colors, material for pedestrian pathways through the parking lot. 4. Paving pattern, colors, material for crosswalks and internal drive -aisle intersection area. 5. Enclosures for outdoor dining /seating areas. 6. Construction and material details for trash enclosures. 7. Location and design of shopping cart corrals for grocery store. 19. Outdoor Furniture. Outdoor furniture (including PL Ongoing Planning tables and chairs for outdoor seating /eating areas) shall be suitable for all- weather conditions and made of high - quality, durable materials. Umbrellas shall have no more than two colors. Logos, or the name of the restaurant establishment, may be printed on the umbrella canvas, but logos for products sold are prohibited. 20. Outdoor Dining /Seating Areas. Outdoor PL Ongoing Planning dining /seating areas not shown on the Project Plans may be permitted through a Site Development Review Waiver. Outdoor dining /seating areas shown on the Project Plans do not need any additional review /approval except approval of any enclosure details. Outdoor dining /seating areas (including furniture and barriers /enclosures) shall be maintained in good condition at all times by the owners /operators of the associated dining establishment or the retail center property management. 10 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 21. Master Sign Program. A Master Sign Program will PL Installation of Planning be reviewed and approved at the Staff -level for all any project - project- related signage including, but not limited to, related wall signs, monument signs, community identification signage signage, address signage, directional signage, parking signage, speed limit signage, retail tenant signage, and other signage deemed necessary by the City. The wall and monument signs shown in the Project Plans are for illustrative purposes only and the full details of the sign sizes, materials, and construction shall be shown in the separate sign package. 22. Construction Trailer. The Applicant/Developer shall PL Establishment Planning obtain a Temporary Use Permit prior to the of the establishment of any construction trailer, storage temporary use shed, or container units on the project site. 23. Final Building and Site Improvement Plans shall be PL Issuance of Planning reviewed and approved by the Community Building Development Department staff prior to the issuance of Permits a building permit. All such plans shall insure: a. That standard non - residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the disabled, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including air conditioning condensers, are architecturally screened from view, and that electrical transformers are either underground, architecturally screened, or screened by landscape of an adequate size. Electrical and gas meters shall be screened to the greatest degree possible. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible 10 11 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. i. That all other public agencies that require review of the project are supplied with copies of the final building and site plans and that compliance is obtained with at least their minimum Code requirements. 24. Soft Building Materials. No Soft Foam or EIFS -type PL Building Permit Planning material may be installed on walls within 6 feet from Issuance/ the earth or paved areas. On -going 25. Mitigation Monitoring Program. The Applicant/ PL On -going Planning Developer shall comply with The Village Final Supplemental Environmental Impact Report (EIR) certified by City Council Resolution xx -xx, including all mitigation measures, action programs, and implementation measures contained therein. The EIR is on file with the Community Development Department. LANDSCAPING 26. Final Landscape and Irrigation Plans. Final PL Landscape DMC landscape plans, including utility and tree coordination plan approval 8.72.030 plans, layout plans, irrigation systern plans, planting and installation plans, and guarantees, shall be reviewed and approved by the City Engineer and the Community Development Director prior to the issuance of the building permit. Plans shall be generally consistent with the layout of the Preliminary Landscape drawings included in the Project Plan Set prepared by Thomas Baak & Associates, received by the Planning Division on October 28, 2013, except as modified by the Conditions listed below or as required by the Community Development Director to address specific site constraints or conditions. At the Final Landscape Plan stage, the tree and plant material selections shall be reviewed in detail as the areas of the site needed for bioretention /water quality are finalized through the development of detailed Site Improvement Plans. Particular attention shall be paid to ensuring that plant material shown in bioretention areas are well- suited for those soil conditions. Alternative species shall be considered to ensure compatibility with the contemporary look and feel of the building architecture and overall design aesthetic. The landscape design scheme around the corner monument at Dublin Blvd. and Hacienda Drive The Final Landscape Plans shall ensure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. 11 12 CONDITION TEXT RESPON. AGENCY WHEN REQ'D Prior to: SOURCE b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. All trees that are on the perimeter of the project site and along the main north -south drive aisle shall be 24" box minimum, with at least 30% at 36" box or greater. Other trees located throughout the parking lot and the project site shall be 15 gallon and 24" box. All shrubs shall be 5 gallon minimum. All groundcover shall be 1 gallon in size. These standards shall be met unless a superior design concept is proposed by the Applicant and accepted by the City. d. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the Tentative map and conditions detailed in the Site Development Review plan set. g. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. h. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. i. The Layout Plan shall illustrate the design of all hardscape elements including walls, fences, gates, light locations, at grade or above grade utility boxes and vaults, walkways and decorative pavement. j. The Irrigation Plan shall utilize low flow, durable, irrigation equipment and the design shall comply with Water Efficient Landscape Ordinance (WELD) requirements. k. Construction details of raised planters, walkways, paths, benches, walls, fences and other architectural features as appropriate to the project. I. All pole light locations shall be coordinated with the placement of trees to eliminate conflicts between the trees and lights and so that the light is not blocked by the growth of the trees. 27. Landscaping at Street/Drive Aisle Intersections. PL Ongoing Planning Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and /or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol 12 13 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: officers and the general public surveillance capabilities of the area. 28. Plant Clearances. All trees planted shall meet the PL Landscape Planning following clearances: plan approval a. 6' from the face of building walls or roof eaves. and installation b. 7' from fire hydrants, storm drains, sanitary sewers and /or gas lines. c. 5' from top of wing of driveways, mailboxes, water, telephone and /or electrical mains d. 15' from stop signs, street or curb sign returns. e. 15' from either side of street lights. 29. Lighting. The Applicant/Developer shall prepare a PL, PW, PO Building Permit Planning photometric plan to the reasonable satisfaction of the Issuance City Engineer, Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. The photometric plan shall show lighting levels which takes into consideration poles, low walls and other obstructions. Exterior lighting shall be provided within the surface parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The parking lot lights shall be designed to eliminate any pockets of high and low illuminated areas. Prior to Occupancy, the Applicant shall request an inspection of the lighting levels in the structure to determine if lighting is sufficient. If additional lights are required to be installed to meet the 1.0 foot - candle requirement, the Applicant shall do so prior to Occupancy. 30. Landscaping. Applicant/Developer shall construct all PL, PW Landscape Planning/ landscaping within the site and along the project plan approval Public frontage to the street curb and gutter. and installation Works 31. Backflow Prevention Devices. The Landscape Plan PL, PW, F Landscape Planning shall show the location of all backflow prevention plan approval devises. The location and screening of the backflow and installation prevention devices shall be reviewed and approved by City staff. 32. Root Barriers and Tree Staking. The landscape PL, PW Landscape Planning plans shall provide details showing root barriers and plan approval tree staking will be installed which meet current City and installation specifications. 33. Water Efficient Landscaping Ordinance. The PL Landscape DMC 8.88 Applicant/ Developer shall submit written plan approval documentation to the Public Works Department (in the and installation form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. BUILDING — GENERAL CONDITIONS 34. Building Codes issues to address in Permit Issuance of Submittal: Building 1. Exterior door protection is required by Permit(s) and 13 14 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 5.407.2.2.1 of the Cal Green Building approval of the Standards. Final Map 2. Roof Solar Zones are required to be shown per 110.10 Ca Energy Code. 3. Provision of accessible parking will need to meet the 2013 CBC standards. A reciprocal parking agreement will be needed to ensure that accessible stalls are available across parcels. 4. Provide location of long term and short term bike parking. Provide calculations for the breakdown of each type. Provided distance from short -term bike parking to normal customer entrances. See 5.106.4 CA Green Building Standards Code. 5. Acoustical Control methods shall be shown on the plans in accordance with Section 5.507 of the Cal Green Code 35. Construction trailer. If necessary due to the size B Issuance of Building and nature of the project, the Applicant/Developer Building shall accommodate space on the project site for City Permit(s) inspection personnel. The Building Official shall determine how this shall be provided, but the accommodation could be the provision of a dedicated office in the job site trailer or, under unusual circumstances, it could be the provision of a separate construction trailer with electrical hookups for the City's use. 36. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 37. 60 -Foot No Build Covenant. Pursuant to Dublin B Issuance of Building Municipal Code Section 7.32.130, the owner shall file Building with the Building Official a Covenant and Agreement Permits and Regarding Maintenance of Yards for an Oversized Ongoing Building binding such owner, his heirs, and assignees, to set aside a 60 -foot required yard as unobstructed space having no improvements. Alternatively, the 60- foot no -build easement shall be shown on the Tentative Subdivision Map. After execution by the owner and Building Official, such covenant shall be recorded in the Alameda County Recorder's Office, and shall continue in effect so long as an oversized building remains or unless otherwise released by authority of the Building Official. 38. HVAC Systems. Air conditioning units and ventilation PL, B Occupancy of Building ducts shall be screened from adjacent street view with any tenant materials compatible to the main building. Units shall space be permanently installed on concrete pads or other non - movable materials to be approved by the Building Official and Director of Community Development. 39. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building 14 15 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: construction plans to the Building & Safety Division for Permits plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non -City agencies prior to the issuance of building permits. 40. Construction Drawings. Construction plans shall be B Issuance of Building fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and proposed Permits conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 41. Addressing. Address will be required on all doors B Occupancy of Building leading to the exterior of the building. Address any building numbers /letters shall be in a contrasting color to the and ongoing surface on which they are applied and be able to be seen from the street, 4 inches in height minimum. 42. Phased Occupancy. If occupancy is requested to B, PL Occupancy of Building occur in phases, then all physical improvements within any affected each phase shall be required to be completed prior to building occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 43. Engineer Observation. A Special Inspector shall be B Frame Building retained to provide observation services for all Inspection components of the lateral and vertical design of the building, including nailing, hold- downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector 15 16 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: prior to scheduling the final frame inspection. 44. Foundation. Geotechnical Engineer for the soils B Issuance of Building report shall review and approve the foundation design. Building A letter shall be submitted to the Building Division on Permits the approval. 45. Green Building Guidelines. The Green Building B Through Building checklist shall be included in the master plans. The Completion checklist shall detail what Green Points are being obtained and where the information is found within the master plans. (Prior to first permit). Prior to each permit final, the project shall submit a completed checklist with appropriate verification that all Green Points required by 7.94 of the Dublin Municipal Code have been incorporated. 46. Cool Roofs. Flat roof areas shall have their roofing B Through Building material (including gravel) coated or painted with light Completion colored or reflective material designed for Cool Roofs. 47. Electronic File. The Applicant/Developer shall submit B Prior to First Building all building drawings and specifications for this project and Final in an electronic format to the satisfaction of the Inspection Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. 48. Copies of Approved Plans. Applicant shall provide B 30 days After Building City with 4 reduced (1/2 size) copies of the approved Permit and plan. Each Revision Issuance 49. Construction Fencing. Temporary Construction B Beginning of Building fencing shall be installed along perimeter of all work work onsite under construction. FIRE — GENERAL CONDITIONS 50. Code compliance. The Applicant/Developer shall F During Fire comply with all applicable Fire and Building Codes in Construction effect at the time of building permit application. 51. Fire hydrants. Fire hydrants shall be installed F Occupancy Fire throughout the project and along the project streets as required by the Fire Department and 2010 California Fire Code. All fire hydrants and FDCs shall be noted on the site plan. 52. Driveway Modifications. Access onto the project F Approval of Fire site from all public streets may need minor Improvement modifications to meet Fire Department access Plans requirements. PUBLIC WORKS — PROJECT SPECIFIC 53. Clarifications and Changes to the Conditions. In PW Approval of Public the event that there needs to be clarification to these Improvement Works Conditions of Approval, the Directors of Community Plans Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors 16 17 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts of this project. 54. Compliance. The Applicant/Developer shall comply PW On -going Public with the City of Dublin Zoning and Grading Works Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. 55. Wells or Exploratory Boring. Any water well, PW Through Public cathodic protection well, or exploratory boring on the Completion Works project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. 56. Encroachment Permit. An encroachment permit from PW On -going Public the Public Works Department may be required for any Works work done within the public right -of -way even if covered under an Improvement Agreement. 57. Easement Abandonment. The Applicant/Developer PW Issuance of Public shall obtain abandonment from all applicable public Grading/ Works agencies of existing easements and right of ways that Sitework will no longer be used. Permit 58. Easements. The Applicant/Developer shall acquire PW Issuance of Public easements, and /or obtain rights -of -entry from the Grading/ Works adjacent property owners for any improvements on Sitework their property. The easements and /or rights -of -entry Permit shall be in writing and copies furnished to the City Engineer. 59. Easements. Ingress and egress easements, PW Issuance of Public emergency vehicle access easements, private storm Grading/ Works drainage easements, private water line easements, Sitework private sanitary sewer easements and joint use Permit parking easements will be required as and to the extent needed, between lots. The easement geometry shall be subject to the approval of the City Engineer 60. Grading Plan. The Grading Plan shall be in PW Issuance of Public conformance with the recommendations of the Grading/ Works Geotechnical Report, the approved Tentative Map, Sitework and the City design standards & ordinances. In case Permit of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 61. Public Improvements. All public improvements shall PW Issuance of Public conform to the City of Dublin Standard Plans and Grading/ Works design requirements and as approved by the City Sitework Engineer. Permit 62. Water and Sewer Facilities. Applicant/Developer PW Issuance of Public shall construct all potable and recycled water and Grading/ Works sanitary sewer facilities required to serve the project in Sitework 17 18 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: accordance with DSRSD master plans, standards, Permit specifications and requirements. 63. Fire Hydrant locations. Fire hydrant locations shall PW Issuance of Public be approved by the Alameda County Fire Department. Grading/ Works Sitework Permit 64. Street Signs. The Applicant/Developer shall furnish PW Occupancy Public and install street name signs, and traffic signs & Works marking for the project as required by the City Engineer. 65. Underground Utilities. All public utilities shall be PW Occupancy Public located and provided within public utility easements Works and sized to meet utility company standards. 66. Utility Vaults. To the maximum extent practicable, all PL, PW Issuance of Public utility vaults, boxes and structures shall be Grading/ Works underground and placed in landscape areas and Sitework screened from public view. All utility vaults, boxes and Permit structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. 67. Reciprocal Parking Agreement. A reciprocal PW Approval of Public parking agreement shall be signed and recorded Improvement Works against all parcels in the center to ensure that the Plans parking fields function for the whole center and are available to customers of any business on the project site. 68. Bicycle Parking. Bicycle parking shall be provided in PW Approval of Public accordance with California Green Building Standards Improvement Works Code Section 5.106.4 Plans 69. Truck deliveries. Truck deliveries shall be restricted PW Ongoing Public to the delivery areas at the back of the shopping Works center (Dublin Blvd.). Trucks shall not be left idling at the truck dock and shall not be left overnight. 70. Striping Plan. A Striping Plan showing all proposed PW Approval of Public improvements in the public right of way shall be Improvement Works submitted for review and approval by the City Plans Engineer. 71. Pedestrian crosswalks. Pedestrian crosswalks shall PW Approval of Public be designed to have separated ramps. The north- Improvement Works south pedestrian crosswalks across Martinelli Way Plans shall have a similar decorative treatment as the pedestrian pathways on the project site. 72. Trash Enclosures. Applicant shall coordinate the PW Approval of Public trash enclosure locations and the size of the Improvement Works enclosures with AVI and the City to ensure adequate Plans capacity to serve the future restaurant and retail tenants. Trash enclosures shall meet all requirements set forth in the Dublin Municipal Code (DMC), Chapter 7.98 and design details shall be shown on the Site Improvement Plans. 73. Drive aisles. Rolled curb extensions at four right -turn PW Approval of Public only exits shall be examined for possible construction Improvement Works as full landscaped islands. Plans 18 19 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: 74. Dublin Blvd. drive aisle. The signalized driveway PW Approval of Public approach northbound onto Dublin Blvd. shall be Improvement Works reviewed to consider a dedicated left turn lane and a Plans shared right/through lane. 75. Camera /signal upgrade at Sybase Drive /Dublin PW Approval of Public and Martinelli /The Green - The existing signals at Improvement Works Sybase Drive /Dublin Boulevard shall be modified to Plans provide access to the project and circulation in the project vicinity and the signal at Martinelli Way/The Green entrance shall be activated. Any signal modifications shall be approved by the City Engineer. The signal modifications shall also include traffic monitoring cameras (one at each signal and one spare), signal interconnects and communication equipment along with spares, and battery backup units for signal controllers. 76. ROW Modifications to Arnold /Dublin. The curb PW Approval of Public return at Arnold /Dublin Blvd. shall be extended to the Improvement Works north to the edge of the bike lane to accommodate the Plans future bus pullout and the commercial driveway entrance. 77. ROW Modifications on Dublin Blvd. The curb PW Approval of Public return at the 2nd driveway east of Arnold Road (into Improvement Works the employee parking area) shall be extended to the Plans north to the edge of the bike lane to maximize safety for right turn movements into the main center drive aisle. 78. ROW Modifications along Martinelli. The curb PW Approval of Public return at the 1St driveway east of Arnold Road shall be Improvement Works extended to the south to the edge of the turn lane to Plans maximize the safety for right turn movements onto Arnold Road. 79. ROW dedications. Applicant shall dedicate PW Approval of Public necessary right of way along all perimeter streets Improvement Works (Dublin Blvd, Hacienda Drive, Martinelli Way, and Plans Arnold Road) to accommodate a landscape parkway strip and the sidewalks as shown on Sheet C -2 (Site Plan) to be within the public right of way. $p. Project signs. All proposed project monument signs PW Approval of Public shall be placed on private property. The signs should Improvement Works ideally be located outside any easement areas, but Plans exceptions can be made by the City Engineer. Any signage located in an easement is subject to removal and replacement at the expense of the Applicant/property owner if needed by the easement holder. 81. Pedestrian walkways off Martinelli. The two PW Approval of Public proposed pedestrian walkways from Martinelli to the Improvement Works main buildings shall meet the current ADA/Title 24 Plans standards and shall have a contrasting decorative finish that is similar to the other crosswalk locations within the project site. 82. Water Quality /Storm Drain. PW Approval of Public 1. The decorative crosswalks, main interior Improvement Works 19 20 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: intersection, and pedestrian walkways may be Plans constructed with permeable pavers. 2. The project shall meet current C.3 and upcoming C.10 requirements. 3. Trash capture devices shall be installed on all storm drain lines before they tie into the public storm drain network. 4. All private storm drain lines shall be placed on private property. 83. FDC connectors. All FDC connectors and double PW Approval of Public detector -check valves shall be placed outside of bio- Improvement Works retention areas and shall be easily accessible for Plans maintenance and operations. 84. Bicycle lanes. Applicant shall provide a Class II bike PW Approval of Public lane on Arnold Road and Class I bike way on Improvement Works Martinelli Way within the Public ROW along with Plans appropriate signage and pavement markings. 85. Standard Public Works Conditions of Approval. PW Prior to Public Applicant/Developer shall comply with all applicable Approval of Works City of Dublin Public Works Standard Conditions of Improvement Approval. In the event of a conflict between the Plans Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. 86. Hold Harmless /Indemnification. The PW Prior to Public Applicant/Developer shall defend, indemnify, and hold Approval of Works harmless the City of Dublin and its agents, officers, Improvement and employees from any claim, action, or proceeding Plans against the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extend such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 87. Grading /Sitework Permit. The applicant shall apply PW Through Public for and obtain a Grading /Sitework Permit from the completion of Works Public Works Department for all site Improvements improvement/grading work. The Grading /Sitework and Permit will be based on the final set of civil plans and Occupancy of will not be issued until all of plan check comments the Building have been resolved. A copy of Grading /Sitework Permit application may be found on the City's website at: https://ca-dublin.civicplus.com/index.aspx?NID=340 The current cost of the permit is $102.00 and is due at 20 21 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: the time of permit issuance. The Applicant will also be responsible for any adopted increases to the fee amount or additional fees for inspection of the work. 88. Site Plan. On -site improvements shall be designed in PW Prior to Public accordance with the approved Project Plans, Issuance of Works specifically Civil Sheets C -2 to C -6. If there are Grading/ conflicts between the Civil Site Plan (Sheet C -2) and Sitework the Architectural Site Plan (Sheet Al), the Community Permit Development Director shall determine which plan shall be followed. 89. Accessible Path of Travel. All walkways from the PW Prior to Public public sidewalk to the site shall be as shown on the Issuance of Works Site Plan, and shall be in conformance with current Grading/ California Building Code and ADA requirements. Sitework Permit 90. Vehicle Parking. All parking spaces shall be double PW Prior to Public striped using 4" white lines set approximately 2 feet Issuance of Works apart according to City Standards and §8.76.070 (A) Grading/ 17 of the Dublin Municipal Code. All compact -sized Sitework Permit parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12 "- wide concrete step -out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. 91. Site Accessibility Requirements /Driveways. All PW Prior to Public parking spaces for the disabled, and other physical Occupancy Works site improvements, including the proposed driveways shall comply with current CBC Title 24 requirements and City of Dublin Standards for accessibility. 92. Graffiti. The Applicant/Developer and /or building PW Ongoing Public tenant(s) shall keep the site clear of graffiti vandalism Works on a regular and continuous basis. The Applicant/Developer is encouraged to use graffiti - resistant paint for the structures and film for windows or glass whenever possible. 93. Signs and Pavement Markings. The PW Prior to Public Applicant/Developer shall be responsible for the Occupancy Works following on -site traffic signs and pavement markings: 1. Accessible parking signs and legends per State Title 24 /ADA requirements. 2. The word "Compact" shall be stenciled on the pavement surface within each compact parking space. 3. No Stopping /Fire Lane 94. Pavement Grades. Slopes at asphalt pavement shall PW Prior to Public be a minimum of 1.5% for drainage and a maximum of Issuance of Works 5% at parking areas. Exceptions to this standard can Grading/ be considered by the City Engineer on a case -by -case Sitework basis to account for unusual design circumstances Permit 95. Frontage Improvements. PW Prior to Tree Wells: Where parkway strips are not provided, Issuance of 21 22 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: the Applicant/Developer shall construct tree wells, Grading/ install trees and tree grates (powder coated and Sitework painted) along the project frontage at Dublin Permit Boulevard, Hacienda Drive, Martinelli Way and Arnold Road. Design shall conform with City's Streetscape Master Plan. Pedestrian Lighting: Applicant shall install all Type 15 lighting along the frontage per current City of Dublin Standards (energy efficient, LED models). Applicant shall provide photometric plan for lighting to assure that the new pedestrian lights meets the City standards. 96. Occupancy Permit Requirements. Prior to issuance PW Prior to Public of an Occupancy Permit, the physical condition of the Occupancy Works project site shall meet minimum health and safety standards including, but not limited to the following: a. Lighting for the building and parking lot shall be adequate for safety and security. Exterior lighting shall be provided for building entrances /exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. b. All construction equipment, materials, or on- going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means reasonably approved by the City Engineer /Public Works Director. c. All fire hydrants for the building shall be operable and easily accessible to City and ACFD personnel. d. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) for the building shall be installed and fully functional. 97. Stormwater Runoff Treatment and Calculations. PW Prior to Public The provided Preliminary Stormwater Quality /HM Plan Issuance of Works is approved in concept only. Applicant/Developer Grading/ shall complete and submit the City of Dublin's Sitework Permit "Stormwater Requirements Checklist" with the first Improvement Plans submittal package and provide an accompanying exhibit demonstrating compliance with requirements set forth by the Municipal Regional Stormwater Permit. Applicant shall incorporate all necessary stormwater runoff, conveyance and treatment measures and details into the Site Improvement Plans. Applicant shall also provide all necessary support calculations demonstrating full compliance. Stormwater treatment design shall comply with the C- 3 Stormwater Technical Guidance issued by Alameda 22 23 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: Countywide Clean Water Program. Runoff from landscape areas shall not drain across sidewalk areas. 98. Stormwater Treatment Measure Maintenance PW Prior to Public Agreement. Applicant/Owner shall enter into a Occupancy Works " Stormwater Treatment Measure Maintenance Agreement" with the City of Dublin for maintenance of stormwater treatment measures constructed at the site. 99. Erosion Control During Construction: PW Prior to Public Applicant/Developer shall include an Erosion and Issuance of Works Sediment Control Plan with the Grading and Grading/ Improvement plans for review and approval by the City Sitework Engineer /Public Works Director. Said plan shall be Permit and designed, implemented, and continually maintained during pursuant to the City's NPDES permit between October construction. 1St and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer /Public Works Director. 100. Construction Hours. Construction and grading PW During Public operations shall be limited to weekdays (Monday Construction Works through Friday) and non -City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and /or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and /or holiday work. 101. Temporary Fencing. Temporary Construction PW During Public fencing shall be installed along perimeter of all work Construction Works under construction to separate the construction and Occupancy operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and /or equipment shall not be operated or stored outside of the fenced area or within the public right -of -way unless approved in advance by the City Engineer /Public Works Director. 102. Construction Noise Management Plan. PW During Public Applicant/Developer shall prepare a Construction Construction Works Noise Management Plan, to be approved by the City and Grading Engineer and Community Development Director, Activities which identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and specifications. 103. Damage /Repairs. The Applicant/Developer shall be PW Prior to Public responsible for the repair of any damaged pavement, Occupancy Works 23 24 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. 104. Construction Permit. Applicant shall obtain PW Prior to necessary permits or permission from the applicable issuance of property owners to construct improvements within said Grading/ off -site properties. Sitework Permit 105. Fees. The Applicant shall pay all applicable fees in PW Prior to Public effect at the time of building permit issuance, including, Issuance of Works but not limited to: Planning fees; Building fees; Dublin Building San Ramon Services District fees; Public Facilities Permit fees; City of Dublin Fire fees; Noise Mitigation fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. 106. Zone 7 Impervious Surface Fees. Applicant shall PW Prior to Public complete a "Zone 7 Impervious Surface Fee Issuance of Works Application" and submit an accompanying exhibit for Building review by the Public Works Department. Fees Permit generated by this application will be due at issuance of the Building Permit. 107. Geotechnical Report and Recommendations: The PW Prior to Public Applicant/Developer shall provide a site specific Issuance of Works geotechnical report prepared by a reputable Building geotechnical engineer. The Geotechnical Engineer Permit shall certify that the project design conforms to the report recommendations prior to issuance of a Grading / Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. DUBLIN SAN RAMON SERVICES DISTRICT ( DSRSD) 108. Prior to issuance of any building permit, complete DSRSD Issuance of DSRSD improvement plans shall be submitted to DSRSD that Building conform to the requirements of the Dublin San Ramon Permits Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities ", all applicable DSRSD Master Plans and all DSRSD policies. 109. All mains shall be sized to provide sufficient capacity DSRSD Issuance of DSRSD to accommodate future flow demands in addition to Improvement each development project's demand. Layout and Plans sizing of mains shall be in conformance with DSRSD utility master planning. 110. Sewers shall be designed to operate by gravity flow to DSRSD Issuance of DSRSD DSRSD's existing sanitary sewer system. Pumping of Improvement sewage is discouraged and may only be allowed Plans under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the 24 25 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 111. Domestic and fire protection waterline systems for DSRSD Issuance of DSRSD Tracts or Commercial Developments shall be Improvement designed to be looped or interconnected to avoid dead Plans end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. There will be a large number of customers in the project and DSRSD wants to be sure they have a secure water supply. Thus, the water supply must be "looped" with the supply for the project coming from two separate connections to the potable main. 112. DSRSD policy requires public water and sewer lines DSRSD Issuance of DSRSD to be located in public streets rather than in off - street Improvement locations to the fullest extent possible. If unavoidable, Plans then public sewer or water easements must be established over the alignment of each public sewer or water line in an off - street or private street location to provide access for future maintenance and /or replacement. 113. Prior to approval by the City of a grading permit or a DSRSD Issuance of DSRSD site development permit, the locations and widths of Improvement all proposed easement dedications for water and Plans sewer lines shall be submitted to and approved by DSRSD. 114. All easement dedications for DSRSD facilities shall be DSRSD Issuance of DSRSD by separate instrument irrevocably offered to DSRSD Improvement or by offer of dedication on the Final Map. Plans 115. Prior to approval by the City for Recordation, the Final DSRSD Issuance of DSRSD Map shall be submitted to and approved by DSRSD Improvement for easement locations, widths, and restrictions. Plans 116. Prior to issuance by the City of any Building Permit or DSRSD Issuance of DSRSD Construction Permit by the Dublin San Ramon Building Services District, whichever comes first, all utility Permits connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 117. No sewer line or waterline construction shall be DSRSD Issuance of DSRSD permitted unless the proper utility construction permit Improvement has been issued by DSRSD. A construction permit Plans will only be issued after all of the items in the condition immediately above have been satisfied. 118. Prior to issuance by the City of any Building Permit or DSRSD Issuance of DSRSD Construction Permit by the Dublin San Ramon Building Services District, whichever comes first, all Permits improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for 25 26 CONDITION TEXT RESPON. WHEN REQ'D SOURCE AGENCY Prior to: the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one -year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 119. The applicant shall hold DSRSD, its Board of DSRSD Issuance of DSRSD Directors, commissions, employees, and agents of Building DSRSD harmless and indemnify and defend the same Permits from any litigation, claims, or fines resulting from the construction and completion of the project. 120. Improvement plans shall include recycled water DSRSD Issuance of DSRSD improvements as required by DSRSD. Services for Improvement landscape irrigation shall connect to recycled water Plans mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 121. A utility plan showing routing of improvements and DSRSD Issuance of DSRSD demolition of existing utilities (if any). Zone 7 Turnout Improvement and DSRSD Fluoride Storage Facility shall be shown Plans on final plans. 122. DSRSD has major water infrastructure in the area in DSRSD Ongoing DSRSD the form of pipelines going from DSRSD Turnout 4 to customers. Applicant shall ensure that the DSRSD infrastructure is not damaged or compromised during the construction of this project. 123. DSRSD maintains radio communications links DSRSD Occupancy of DSRSD between Turnout 4 and Pump Station 10A and first tenant Reservoir 10A for transmission of SCADA information. space Applicant plans will be reviewed to ensure the communications links will remain unbroken Applicant, DSRSD and City of Dublin will coordinate to be sure this DSRSD communications link will remain operative and reliable after construction. PARKS & COMMUNITY SERVICES 124. Public Art. The Applicant/Developer shall comply PL, PCS Building Permit DMC with the City's Public Art Ordinance /requirements and Issuance shall prepare a Public Art Compliance Report identifying the method(s) to be utilized to meet the statue. PLANNING COMMISSION 125. Additional Architectural Enhancements. The PL Building Permit Planning Applicant/Developer shall work with Staff to identify Submittal Comm. locations to add additional composite siding material at the upper portion of the building on the north elevation of tenant spaces Major 1 and Major 2 and to the west elevation of Major 1. 26 PASSED, APPROVED, AND ADOPTED this day of vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 2013 by the following G:IPA #120121PLPA- 2012 -00031 Regency Center Site 16A GPA SPA PD SDRIPC 11.12.20131PC Att 2 - Exhibit A - CC Reso SP and GPA.docx 27 oL 114 r kr . 'x r v �f ss gg u I � o° � qmm p,��3mm rsl F jj91 Jill m 1 rrll -� he •PI1 Q m M LL as G� •7 a o oc m m E E c m w a r d o u o N A A igUQr o 0 r r U u y� � €� id q r o�¢r 8k �1\..IV VTJ�TJ7V1Y� _ TF ZA i pry I 01 ' i I 0. 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Chair O’Keefe called the meeting to order at 7:02:59 PM Present: Chair O’Keefe; Vice Chair Bhuthimethee; Commissioners Goel and Kohli; Jeff Baker, Assistant Community Development Director; Kit Faubion, City Attorney; Kristi Bascom, Principal Planner; Marnie Delgado, Senior Planner; Martha Aja, Environmental Coordinator; Obaid Khan, Senior Civil Engineer (Traffic); and Debra LeClair, Recording Secretary. Absent: Cm. Do ADDITIONS OR REVISIONS TO THE AGENDANONE – MINUTES OF PREVIOUS MEETINGS – On a motion by Chair O’Keefe and seconded by Cm. Bhuthimethee, on a vote of 4-0, with Cm. Do being absent, the Planning Commission approved the minutes of the October 22, 2013 meeting with modifications. ORAL COMMUNICATIONS NONE – CONSENT CALENDAR NONE – WRITTEN COMMUNICATIONSNONE – PUBLIC HEARINGS – PLPA-2013-00049 & 50 – Buick/GMC Dealership 8.1 – Conditional Use Permit to allow a carwash and limited outdoor repair work and a Site Development Review Permit to construct a carwash building and related site improvements to an existing car dealership located at 4400 John Monego Court. Martha Aja, Environmental Coordinator, presented the project as outlined in the Staff Report. Cm. Goel asked Ms. Aja to explain a code enforcement issue regarding a storage container on the site. Ms. Aja responded that there are four storage containers on the site and the Zoning Ordinance allows for storage containers with a temporary use permit for up to one year. She stated that the Applicant has indicated that the contents of the storage container will be moved to the new building once constructed. Cm. Goel asked if there was a request for storage containers prior to their installation on the site. Planning Commission November 12, 2013 ~ 136 ~ Regular Meeting DRAFT DRAFT Ms. Aja answered no; the storage containers were noticed by Staff during an inspection and at that time the Applicant was notified that they needed to apply for a Temporary Use Permit, which the Applicant did. Cm. Goel asked Ms. Aja to explain the code enforcement issue related to car washing on site. Ms. Aja answered that currently, the washing of vehicles is occurring within the detailing area of the service building. She stated that those car washing activities will not occur after the proposed car wash building is completed. Cm. Goel asked if the car washing activities were a violation of the existing use permit, and, if so, what did the City do about the violation. Ms. Aja answered that the car washing activities were a violation and a “stop work” order was issued by the City. Jeff Baker, Assistant Community Development Director, stated that Staff worked with the Applicant to apply for a Temporary Use Permit (TUP) so that they can meet City standards as well as clean water requirements. Cm. Goel asked if there was any contaminated run off into the adjacent flood facilities. Ms. Aja answered no; the car washing activities did not cause any run off into the storm drains. She stated that the new car wash will use recycled water and will be connected to the sanitary sewer, as required. Cm. Goel asked for an explanation regarding the Fiat dealership not being constructed, and if there are elevations showing what the car wash will look like from Dublin Blvd. Ms. Aja referred the Planning Commission to the elevations which showed the car wash and its proximity to Dublin Blvd. She also stated that the property owner decided not to go forward with constructing the Fiat dealership because of limited size of the parcel. Cm. Kohli asked how many car dealerships currently have on-site car washes. Ms. Aja answered that only the Honda and Nissan dealerships currently have on-site car washing facilities. Cm. Kohli asked how those dealerships that do not have car washing facility wash their vehicles. Ms. Aja answered that they can use deionized water to rinse off vehicles but they cannot use soap or potable water that would go into the storm drain. She stated that Staff educates the dealerships about clean water requirements when doing inspections. Cm. Kohli asked what would the dealership do if they wanted to use soap to wash their vehicles. Ms. Aja responded that they would have to take their vehicles to a car wash. Planning Commission November 12, 2013 ~ 137 ~ Regular Meeting DRAFT DRAFT Mr. Baker stated that the dealerships under the same ownership often share a car wash facilities. Cm. Kohli asked how many gallons of water are used annually by a dealership, based car wash activities. Ms. Aja was not aware of the water usage, but added that one of the advantages of a facility such as the one being requested is that they will use recycled water, which is a better alternative. Cm. Kohli asked if the public would be allowed to use the facility or would it be used only for the dealership. Ms. Aja answered that the facility would only be used by the three dealerships in the auto-mall and would not be opened to the public. Chair O’Keefe opened the public hearing. Jim Templeton, McKay and Somps, spoke in favor of the project. Cm. Goel asked about the line of sight to the car wash from Dublin Blvd. Mr. Templeton responded that they had been more concerned with the view from John Monego Court, but felt that the landscaping would conceal the car wash from Dublin Blvd. Cm. Goel asked Ms. Aja to show the site plan that indicates the line of sight. Ms. Aja showed the site plan and pointed out where the car wash building will be located and the line of sight to Dublin Blvd. Mr. Baker pointed out the area on Dublin Blvd. where the car wash building could be seen and felt that visibility would be extremely limited when traveling east bound on Dublin Blvd. Cm. Goel asked the height of the structure. Ms. Aja answered that the main structure ranges from 20-24 feet tall and the car wash is 15 feet, 8 inches tall. Chair O’Keefe closed the public hearing. Chair O’Keefe stated that he had visited the site and was not concerned with the sight path from Dublin Blvd. He stated that he can make all the findings. Cm. Goel stated that he can make all the findings, but was concerned regarding the code violation. He stated that he was glad the City took action but wanted to verify the changes will be implemented, unlike the landscaping that did not occur. Ms. Aja stated that the landscaping will be installed as required by the Conditions of Approval for the façade modification that was approved last year. She also stated that the City will not final the building permit until the landscaping improvements take place. Planning Commission November 12, 2013 ~ 138 ~ Regular Meeting DRAFT DRAFT Cm. Bhuthimethee stated that she was not concerned with the line of sight from Dublin Blvd. and stated that she can make all the findings. Cm. Kohli stated that he can make all the findings. On a motion by Cm. Goel and seconded by Cm. Kohli, on a vote of 4-0, with Cm. Do being absent, the Planning Commission unanimously adopted: RESOLUTION NO. 13-36 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO ALLOW A CARWASH AND LIMITED OUTDOOR REPAIR WORK AND A SITE DEVELOPMENT REVIEW TO CONSTRUCT A CARWASH BUILDING AND RELATED SITE IMPROVEMENTS TO THE BUICK/GMC DEALERSHIP LOCATED AT 4400 JOHN MONEGO COURT PLPA-2012-00031 - The Village at Dublin 8.2 - General Plan Amendment, Eastern Dublin Specific Plan Amendment, Planned Development Rezone, Site Development Review, Tentative Subdivision Map, and Environmental Impact Report. Kristi Bascom, Principal Planner, presented the project as outlined in the Staff Report. Chair O’Keefe asked if there is a Condition of Approval to require the Applicant to maintain the landscaping. Ms. Bascom answered that there is a general condition regarding landscape maintenance which mandates the continued maintenance of landscaping in addition to the City’s landscape ordinance. Cm. Bhuthimethee asked if there is any stone veneer on the buildings. Ms. Bascom referenced the CMU split-face block veneer and referred to the materials board for a sample of the material. Cm. Bhuthimethee asked about the fence pilasters and if there is some type of relief or articulation to the split-face block. Ms. Bascom referred Cm. Bhuthimethee to the project architect for the answer to her question. Cm. Goel asked how the developer will handle the issue of BART parking at the center. Ms. Bascom stated that a commercial center is considered private property and the Applicant will install the appropriate signage to discourage BART parking. Cm. Goel asked if the Applicant’s target opening is 2015. Ms. Bascom answered yes. Planning Commission November 12, 2013 ~ 139 ~ Regular Meeting DRAFT DRAFT Cm. Goel referred to the SEIR that mentioned the level of service at the intersection at Sybase and connections to onramp at I-580. He asked if there are any substantial impacts to traffic on Dublin Blvd. during peak commute hours as a result of this project. Obaid Khan, Traffic Engineer, responded that one of the specific analyses done was regarding queues and how they will build at the new intersection. He stated that they reviewed the distribution of traffic at the new intersections and did not feel there would be issues on Martinelli Way and Dublin Blvd. He stated that the project will create connectivity to Dublin Blvd., and pedestrian, bike and vehicular access from Martinelli to Dublin Blvd. He discussed the traffic analysis of the project. Cm. Goel asked about bike access into the facility and the bike lane on Dublin Blvd. and asked if it will be extended to Martinelli Way and Arnold Drive. Mr. Khan answered that the City’s Bikeways Master Plan calls for bike lanes on Arnold Drive. He stated that there are existing bike lanes, south bound on Arnold Drive, between Dublin and Martinelli but there are no bike lanes north bound, therefore the developer will add those lanes to the frontage of the property. He stated that the Bikeways Master Plan does not require a bike lane on Martinelli Way but the developer is required to add a Class 1 path on the north side of Martinelli Way. He stated there will also be bike facilities within the project. He stated that wherever they found that they could not mitigate an impact, the City has required the project to prepare a Traffic Demand Management (TDM) Plan. He felt that, because of the project’s close proximity to BART, it has the potential to attract good TDM measures. Cm. Kohli referred to comment letter #2 from the Alameda County Transportation Commission, specifically comment 2.2.2 which stated that the DSEIR proposes to remove a crosswalk on Dublin Blvd. if a bridge cannot be built. He asked for an explanation of that comment. Ms. Bascom responded that if the Iron Horse Pedestrian Bridge (discussed with the Dublin Crossing project) is not built, then the secondary mitigation, to ensure traffic flow on Dublin Blvd., is to remove a portion of the crosswalk at the Iron Horse Trail intersection, which is not desirable. Cm. Kohli clarified that, if no bridge is built then the crosswalk goes away. Ms. Bascom responded yes; but that would not happen until 2035 per the Dublin Crossing project. Cm. Kohli asked, since the developer of the Dublin Crossing project is contributing towards the analysis of the bridge, is this developer also contributing. Ms. Bascom answered no. Cm. Bhuthimethee was concerned with the backs of the stores facing Dublin Blvd. She felt that in the Downtown Dublin Specific Plan (DDSP) this type of orientation is prohibited. Ms. Bascom answered that, due to the orientation of the site as a retail center, there had to be a “back door” somewhere. She stated that Staff reviewed many different iterations of the site plan. She stated that the approved Green at Park Place mixed-use project will be on the parcel to the south and the developer endeavored to make the sites work together; also, Hacienda Planning Commission November 12, 2013 ~ 140 ~ Regular Meeting DRAFT DRAFT Crossings shares the same orientation. She stated that the developer wanted to create a strong connection to the future development to the south with an attractive pedestrian link. Cm. Bhuthimethee asked if the median along Martinelli Way has been built yet. Ms. Bascom answered that Martinelli Way is fully built out and the median is existing. Cm. Bhuthimethee asked what type of entry statement will there be at this project. Ms. Bascom answered that Pad 1 will be the anchor building on the corner of Hacienda Drive and Dublin Blvd. She stated that the concept plans for The Green at Park Place have a similar feature with anchor buildings on the corner. She stated that Martinelli Way is fully installed and will be the main connection between the two projects with a north/south element. She stated that this project does not have the same landscape entry feature that Hacienda Crossings does because it serves as a driveway to the larger center, whereas this is a public street that runs further west. Cm. Bhuthimethee felt it would be good to have an east/west connection between this project and Hacienda Crossings. Chair O’Keefe opened the public hearing. Pete Knoedler, Regency Centers, Applicant, spoke regarding the project. He stated that he is excited to be in Dublin and felt the project will bring a unique look to Dublin. He stated that Whole Foods has signed a lease and will have a large outdoor patio area west of the store for a gathering place. He mentioned that Nordstrom Rack and Home Goods have signed leases for the project. He stated that there will be a mix of unique restaurants. At the east elevation, close to the plaza and Hacienda Drive, there will be a unique organic fresh food restaurant and there will also be a lot of outdoor seating at Pad 2. He stated that they are planning to break ground in February or March 2014 with the first tenants in the center opening in spring 2015. He responded to the question about BART parking at the center and stated that his organization owns other centers within close proximity to other BART stations. He stated that they have not had any problems because they installed signage and let people know that the center is not a parking field for BART. He stated that they will employ an In-house property management team that will monitor the parking at all times. Cm. Kohli had no questions for the Applicant but commented that he is very happy that the project will bring in more unique, diverse retail, as well as restaurants. Chair O’Keefe felt that it made sense to have the center oriented with the back of house to Dublin Blvd. so that the layout is open to the freeway similar to Hacienda Crossings. He stated that the Planning Commission has made a point to improve the look on major thoroughfares and Dublin Blvd is one of those. He felt that there is an opportunity to improve the look on Dublin Blvd. with this project. He felt that there is a lot being done with the landscaping, but that there is an opportunity to create an enhanced look with building materials on the back side of the buildings facing Dublin Blvd. He suggested installing the composite siding where there is plaster and felt that it would add a lot of value. He asked the Applicant if he would agree to enhance the building materials. Mr. Knoedler asked Chair O’Keefe to point out the area he is referring to on the slide. Planning Commission November 12, 2013 ~ 141 ~ Regular Meeting DRAFT DRAFT Chair O’Keefe asked for the slide which shows Major 1, north elevation and Major 2, north elevation also. He pointed out where he would like to see the composite siding instead of plaster which was at the top of the building where the sign will be located. Dave Johnson, Johnson Architects, stated that the enhancements to the back side of the building was originally minimal, but after working with Ms. Bascom it was considerably enhanced. He agreed to work with Staff to enhance the composite siding on the back side of the buildings. Chair O’Keefe felt that the north elevation of Major 2 is similar and asked that the Applicant enhance that look as well. Mr. Johnson felt that they could work with Staff to create a solution that helps to break up the wall in a better way. He stated that Ms. Bascom’s concern, from the beginning, was to create a good looking back side of the building. Chair O’Keefe felt that if the back of the buildings had to face Dublin Blvd., a major thoroughfare in Dublin, then it should be enhanced a bit more. Mr. Johnson added that the split-face block has variations to it but what was depicted in the slide was a rendering. Cm. Bhuthimethee agreed with Chair O’Keefe regarding having more articulation to the back side of buildings that face major thoroughfares. She thought that the rendering of the pilaster appears to be brick which she felt was a nice material that shows depth of color, but the actual pilaster does not look like the rendering. Mr. Johnson stated that he has been working with the manufacturer to create a better block with more terra cotta tone. Cm. Bhuthimethee stated that she was envisioning something different than what is seen in the rendering. She asked if the same materials are used on the buildings. Mr. Johnson answered yes and stated that the base materials are used sporadically in the back of the buildings and is not a dominate element. Cm. Bhuthimethee likes how the fence screens the parking and gives a background to the monument sign on the corner to enhance the entry at Dublin Blvd. She asked if the tower element at the main entry could be further enhanced to make it more of a signature element. Mr. Knoedler felt that the structure at the corner is large and does make a statement. Cm. Bhuthimethee stated that she wanted something really special at the entrance for the pedestrians. Mr. Johnson stated that there is landscaping on both sides of the entrance and there is also the lighting that carries onto either side of the entrance. Planning Commission November 12, 2013 ~ 142 ~ Regular Meeting DRAFT DRAFT Cm. Bhuthimethee stated that she was hoping for something more distinctive at the main entrance. Mr. Knoedler mentioned that the building tower element lights up at night and felt that the greenwall is great for pedestrians. He stated that they had worked with Staff extensively on this entrance. Cm. Bhuthimethee mentioned that she had visited a new Whole Foods store in Fremont that she thought was very nice. She described the brick on the building, in the parking lot and the real brick in the walkways. She stated that the richness of materials in that building was what she was hoping for. She asked if they could enhance the caps on the pilasters. Mr. Johnson answered yes and stated that they could use smooth block to contrast the split- face and stated he would work with Staff. He stated that the pilasters and the materials won’t be that visible and is not the predominant material being used. Ms. Bascom asked if Cm. Bhuthimethee was specifically referring to the cap on the pilasters on the fence. Cm. Bhuthimethee answered yes. Ms. Bascom asked if there was a particular design direction she was looking for. Cm. Bhuthimethee answered that she would like to see something with more of a shadow line. She stated that she would like to see more definition to the pilasters. Ms. Bascom mentioned Condition of Approval #18 that requires approval by the Community Development Director of certain design details, including the pilasters, for the project. She stated that Staff will work with the Applicant to refine the pilaster detail. Cm. Goel commended the Applicant for bringing Whole Foods to Dublin after 10 years. He stated that he would like to see their marketing study. He felt that the residents of Dublin are excited about the anchor stores coming to the center. He felt that the overall design of the project brings out an aesthetic appeal as a magnet. He suggested, as a cyclist, using secure bike parking facility, similar to BART, which would add a security element that creates another opportunity for attraction to the center. He felt that Dublin has a significant bike infrastructure and if the center has restaurants that encourage biking that would create another opportunity that the other centers don’t have. Chair O’Keefe closed the pubic hearing. Cm. Kohli felt that the Applicant has done a great job and thanked Staff. He agreed with Cm. Goel about bringing Whole Foods here and felt the center will be a great addition to the City, with more diversity in shopping, retail and restaurants. Cm. Bhuthimethee stated that she is also very excited that Whole Foods is coming to Dublin. She mentioned the Whole Foods in Fremont and felt it was a very nice store and was looking forward to a very good building with great materials. She stated that in Fremont they made a nice statement with the size of trees, at 84 inch box, which made it appear that the trees had been there a long time. They also brought in very large, mature palm trees. She stated that this center looks very nice and is excited about all the retail that will be there. She felt that the Planning Commission November 12, 2013 ~ 143 ~ Regular Meeting DRAFT DRAFT pedestrian spine will make a good north/south connection and the outdoor seating at the other restaurants will enliven the space. Chair O’Keefe felt that this is a very good project, and will draw people from all over the City. He thanked the Applicant for understanding the Planning Commission’s concern about the look of Dublin Blvd. and agreeing to work with Staff to further enhance the composite siding on Dublin Blvd. and Hacienda Drive. He stated that he can make the findings. Cm. Goel felt that this will be a great magnate to Dublin, and liked the illuminating elements similar to the Premium Outlet mall in Livermore. He felt that the project will stand out as people drive by on the freeway with curb appeal and definition. He felt that those are the pieces that the Planning Commission has been working hard to establish. He spoke regarding Whole Foods’ ability to enhance an area just by their presence. He encouraged the Applicant to take the opportunity to further enhance the project, if possible. He stated he can make the findings. Chair O’Keefe stated that the Planning Commission would like to recommend to City Council that they move forward with the project but add a Condition of Approval to the SDR that the Applicant will work with Staff to further enhance the composite siding on Dublin Blvd. and Hacienda Drive and address the caps on the pilasters. Mr. Baker responded that the best way to do that would be to follow the recommendation as outlined in the Staff Report and then make the statement regarding those two items. Ms. Bascom stated that Condition of Approval #18 will allow Staff to finesse the details of the fence and the pilasters. On a motion by Chair O’Keefe and seconded by Cm. Bhuthimethee, on a vote of 4-0, with Cm. Do being absent, with the addition of a condition to the SDR that states that the Applicant will work with Staff to further enhance the composite siding on Majors 1 & 2 pertaining to Dublin Blvd. and Hacienda Drive, the Planning Commission adopted: RESOLUTION NO. 13- 37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL CERTIFICATION OF A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF ENVIRONMENTAL FINDINGS UNDER CEQA FOR THE VILLAGE AT DUBLIN RETAIL CENTER RESOLUTION NO. 13 – 38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN Planning Commission November 12, 2013 ~ 144 ~ Regular Meeting DRAFT DRAFT RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING THE GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN FOR THE VILLAGE AT DUBLIN RETAIL CENTER RESOLUTION NO. 13-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING THE ZONING MAP TO REZONE 14.32 ACRES AT 5054 HACIENDA DRIVE TO A PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING THE RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE VILLAGE AT DUBLIN RETAIL CENTER PROJECT RESOLUTION NO. 13-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE SITE DEVELOPMENT REVIEW AND VESTING TENTATIVE MAP FOR PARCEL 3 OF PARCEL MAP 8262 FOR THE VILLAGE AT DUBLIN RETAIL CENTER PLPA-2012-00028 Zoning Ordinance Amendments 8.3 to Chapter 8.08 (Definitions), Chapter 8.36 (Development Regulations), and Chapter 8.76 (Off-Street Parking and Loading Regulations). Marnie Delgado, Senior Planner, presented the project as outlined in the Staff Report. Cm. Kohli asked if the restriction on tandem parking only pertains to residential developments. Ms. Delgado responded that the change will only pertain to residential developments; tandem parking would continue to be allowed on commercial properties with no changes proposed to that provision. Mr. Baker stated that the amendment is to address a perceived issue in some areas where there is two car tandem parking but residents do not use both parking spaces because it is inconvenient. He stated that the City Council directed Staff to move forward with this amendment to limit tandem parking. He stated that the two required parking spaces must be rd side by side, but the 3 parking space could be tandem. Cm. Goel asked for an explanation of the requirement for 200 cubic feet of storage. Planning Commission November 12, 2013 ~ 145 ~ Regular Meeting DRAFT DRAFT Ms. Delgado responded that this subject came out of an informational report to the City Council regarding the Dublin Ranch Villages and whether there was enough personal storage for the residents so that they could have an alternative to storing things in the garage. She stated that the idea was that if residents have dedicated storage space then the attached garage would be used for parking and not for storage. Cm. Bhuthimethee asked if the Planning Commission had required the personal storage provision on another project in eastern Dublin and had increased the amount of storage. Mr. Baker answered that Staff has worked with applicants of recent projects to provide personal storage. He stated that the increase was as a result of a recommendation by the Planning Commission to increase the storage space when the Commission previously reviewed these proposed Zoning Ordinance Amendments. Cm. Bhuthimethee thought that the recommendation was as a result of information regarding another city. Ms. Delgado responded that Staff had reached out to other cities, found no regulations within the Tri-Valley, but did find it in other cities within California. She stated that the size of the storage varied. She stated that Staff recommended 90 cubic feet and the Planning Commission suggested that it be increased to 200 cubic feet. Cm. Goel asked for an example of how the storage space is included in an overall project. Ms. Delgado answered that the proposed requirement is only for multi-family projects with a dedicated, enclosed garage for each unit; (i.e. it would not apply to an apartment complex with either a carport or open parking, nor would it apply to a condo project with a parking structure). She stated that there are some project types similar to the Villages that have structured parking with individual enclosed garages that are dedicated to a unit; that unit would be required to have accessory storage. Cm. Goel asked where the accessory storage would be in the unit. Ms. Delgado answered that it would be up to the developer to decide the location, but it would have to be dedicated to the unit; it could be within the unit or a space carved out of the garage footprint. Cm. Goel stated that it would be on a case by case basis as to how it is implemented, but the storage requirement would become a part of that development. Cm. Kohli asked to clarify that this amendment will make it more difficult for residents to use their garages for uses other than parking their car. Ms. Delgado responded that the amendment is to encourage the residents to use their garages for parking by meeting their storage needs elsewhere. She continued that the intent is to keep the garage open for parking so that the parking isn’t spilling to the guest spaces or onto the street and causing parking congestion in the area. Planning Commission November 12, 2013 ~ 146 ~ Regular Meeting DRAFT DRAFT Cm. Goel was concerned about the tandem parking exclusion for the Downtown Dublin Specific Plan (DDSP) area and asked for an explanation. He was concerned that a transit oriented development could apply for a CUP to “skirt” the requirement. Ms. Delgado responded that a developer could apply for a CUP to allow up to 25% of their units to be tandem parked. Cm. Goel asked if the 25% would be for 1 space or 2 spaces. Ms. Delgado responded that, under the CUP, they would be allowed to have 2 spaces front to back (tandem) for up to 25% of their units if they could demonstrate and the Planning Commission could find, that it won’t be a detriment to the project or surrounding properties and that there are alternative methods of travel within close proximity. Cm. Goel asked why this would be an exclusion when the Applicant can request the CUP. Cm. Goel felt that the way the Ordinance is written the developer could apply for a CUP and the Zoning Ordinance would be guidance for a finding. Ms. Delgado responded that the proposed ordinance includes findings A. B. & C. which wwould be the basis of a decision, in addition to the findings the Planning Commission would make for a CUP. She stated that the amendment would give developers, in the downtown area, more flexibility with their project. She stated that the City will be seeing more in-fill projects, some with challenges in developing them. She stated that because downtown is close to the west Dublin BART station and may not have the same parking needs as other more suburban projects, it may be appropriate, if they meet the conditions, to give them the opportunity, on a case-by-case basis, to use tandem parking to make it a more viable project. Cm. Goel was concerned that the specifics of the exclusion in the document would be tying the hands of the Planning Commission. He felt that it could be an automatic approval if the developer applies for a CUP and they can comply with the restrictions then it would be allowed. He stated he was trying to understand the reasoning behind having this finding specifically identified in the Amendment. He stated that when there is a development that includes alternative modes of transportation there usually is some type of specific requirement to provide transit passes or provide a shuttle service to connect to transportation. He was concerned that this exclusion gives the developer a 25% threshold automatically. Mr. Baker responded that there is a perception in neighborhoods where there is a lot of tandem parking that residents are not using their garages for parking and are creating overflow issues. He continued; the first thought was to eliminate the ability to allow tandem parking; however, development in the downtown is a priority for the City Council and to facilitate those improvements. He stated that the report pointed out that there could be some limitations if tandem parking is prohibited outright in that area where the City is trying to encourage development. The ability to provide tandem parking could help to make projects happen that may not otherwise be viable. However, they did not want to automatically allow tandem parking in the downtown. He stated that Staff set up the CUP process so that approval would not be automatic. He stated that the developer would have to apply for a CUP and receive Planning Commission approval to allow them to have the 25%. To create the framework for a decision, in addition to the regular CUP findings, there are the additional findings that were added specific to the DDSP area. Planning Commission November 12, 2013 ~ 147 ~ Regular Meeting DRAFT DRAFT Cm. Goel stated that it would not be automatic and there is a review process that would require the Planning Commission’s approval, but asked if a denial is possible. Mr. Baker answered yes; that is a possibility. Cm. Goel felt that this would be the time to change the amendment if the Planning Commission wanted to. Cm. Kohli asked if tandem parking was seen as the cause of the overflow parking issue in the Dublin Ranch area. Mr. Baker answered yes; that may be part of the issue. Cm. Kohli asked Chair O’Keefe for his thoughts, since he was on the Planning Commission during the original discussion regarding tandem parking. Chair O’Keefe responded that a lot of residents expressed concerns regarding the parking issue in that area which is why the study was done. He stated that the Planning Commission discussed the issue and made the recommendation. He did not feel that the amendment was tying the hands of the Planning Commission. He stated that the City did not want tandem parking in east Dublin, but there may be projects in the downtown in which 25% tandem parking would be appropriate, if they can make the findings. Cm. Goel stated that he wanted to understand the reason for having it specifically called out in the amendment and based on Chair O’Keefe’s explanation of what transpired, he felt that it is an attempt to provide clarity in the decision for findings. Cm. Kohli stated he understood the requirement to use garages for parking rather than storage and felt that it made sense after reading the comment letters from residents. Chair O’Keefe opened the public hearing. Stuart Cook, Alameda County Surplus Authority, spoke regarding the project. He asked why the same provision was not being offered for development close to the East Dublin BART station. He stated that the Alameda County Surplus Authority has two parcels in that area that have not been entitled as yet and are both “odd,” small sites. He felt that flexibility in this area is as important as the Downtown Dublin area and for the same reasons. He stated that the Staff Report indicated that the amendment is consistent with all applicable specific plans and stated that the Dublin Transit Center Specific Plan states the parking ratio of 1.5 parking spaces per unit and asked how that is consistent. Ms. Delgado answered that the parking ratio for the Transit Center would not change as a result of these amendments. Mr. Cook responded that the parking ratio would not change but the tandem parking would change unless there was some provision made. Ms. Delgado responded that is correct; the exception for 25% of the units is exclusive to the Downtown Dublin Specific Plan area. Planning Commission November 12, 2013 ~ 148 ~ Regular Meeting DRAFT DRAFT Mr. Cook responded that he felt that he could make the same statement for the Dublin Transit Center Specific Plan area. He was not sure if it is necessary, but would not want to give up the flexibility for the same reasons as the DDSP area. Chair O’Keefe closed the public hearing. Chair O’Keefe asked Staff if the Dublin Transit Center Specific Plan should be included to give the developers the same opportunity to apply for a CUP for 25% tandem parking. Mr. Baker answered that the residential parcels in the Dublin Transit Center are high density. The Transit Center projects typically have a shared garage rather than individual attached enclosed garages. The proposed ordinance applies to multi-family projects with individual attached garages. Chair O’Keefe asked if a parcel that is not developed yet should have the same opportunity for tandem parking as the DDSP area. Mr. Baker stated that at the current land use designations and densities, it would be unlikely to build at that density and have enclosed garages. Chair O’Keefe asked if it would be possible to allow the Dublin Transit Center Specific Plan area the same flexibility. Mr. Baker responded that it doesn’t get away from the issue that the City Council was trying to address which was high density housing with tandem parking. Cm. Goel asked if this 25% exception would apply to the Dublin Crossing project. Mr. Baker answered that the 25% exception is only for projects in the DDSP area and would not apply to the Dublin Crossing project. Ms. Delgado clarified Footnote #1 regarding the accessory storage. Footnote #1 should be revised to clarify that the accessory storage requirement is only for multi-family projects that have private, enclosed garages assigned to individual units, the intent was not to apply it to all multi-family projects. On a motion by Cm. Kohli and seconded by Cm. Goel, on a vote of 4-0, with Cm. Do absent, and with the clarification to Footnote #1, the Planning Commission unanimously adopted: RESOLUTION NO. 13-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTERS 8.08 (DEFINITIONS), 8.36 (DEVELOPMENT REGULATIONS) AND 8.76 (OFF-STREET PARKING AND LOADING REGULATIONS) EFFECTIVE CITY-WIDE Planning Commission November 12, 2013 ~ 149 ~ Regular Meeting DRAFT DRAFT NEW OR UNFINISHED BUSINESS – NONE OTHER BUSINESS - NONE Brief INFORMATION ONLY 10.1 reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 10.2 Mr. Baker informed the Commission that the November 26, 2013 meeting is cancelled th and the next meeting will be December 10. Cm. Kohli stated that he will not be able to attend that meeting. ADJOURNMENT – The meeting was adjourned at 9:12:48 PM Respectfully submitted, Planning Commission Chair ATTEST: Jeff Baker Assistant Community Development Director G:\MINUTES\2013\PLANNING COMMISSION\11.12.13 DRAFT PC MINUTES.docx Planning Commission November 12, 2013 ~ 150 ~ Regular Meeting RESOLUTION NO. 13- 37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL CERTIFICATION OF A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTION OF ENVIRONMENTAL FINDIN UNDER CEQA FOR THE VILLAGE AT DUBLIN RETAIL CENTER PLPA-2012-00031 the Applicant,Regency Centers, has submitted a Planning Applicat WHEREAS, construct a retail commercial center of up to 167,200 square fee 5054 Hacienda Drive. The proposal includes the approval of Gene Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendm properties to a new Planned Development Zoning District and appr Stage 2 Development Plan, Site Development Review, Vesting Tenta of a Final Supplemental Environmental Impact Report, among other planning and implementing actions are collectively known as “The Center Project” or the “Project”; and the California Environmental Quality Act (CEQA), together with WHEREAS, guidelines and City environmental regulations require that certa environmental impacts and that environmental documents be prepar a Supplemental Environmental Impact Report (EIR) be prepared to the City circulated a Notice of Preparation, dated January 7, 2 WHEREAS, agencies and interested parties for consultation on the scope of conducted a public scoping meeting on January 28, 2013; and , the City prepared a Draft Supplemental Environmental Impact Re WHEREAS SEIR) dated July 2013 for the proposed Project that reflected th and analysis of the potential environmental impacts of the Proje incorporated herein by reference; and , the Draft SEIR was circulated for public review from July 30, WHEREAS September 13, 2013 (45 days); and the City received three comment letters from State, regional, a WHEREAS, agencies during the public review period. In accordance with th City prepared written responses to all the comments received dur The City prepared a Final SEIR (that includes the Responses to C 2013, for the proposed Project, which included an annotated copy identifying specific comments, responses to each specific commen corrections to information presented in the Draft EIR. The Fina this Resolution and is incorporated herein by reference. The com incorporates the Draft SEIR and the Final SEIR together. The res the City’s good faith, reasoned analysis of the environmental is and 1 the City carefully reviewed the comments and written responses WHEREAS, determined that the Final SEIR, including the clarifications and SEIR, do not constitute significant new information requiring re under the standards in CEQA Guidelines section 15088.5; and a Staff Report, dated November 12, 2013 and incorporated herein WHEREAS, reference, described and analyzed the Project for the Planning C information on the Final SEIR; and the Planning Commission reviewed the Staff Report, the Final SEI WHEREAS, including comments and responses, at a noticed public hearing on time all interested parties had the opportunity to be heard; and the Final SEIR, including comments and responses, reflects the C WHEREAS, independent judgment and analysis on the potential for environme and , the Final SEIR identified several potentially significant impa WHEREAS reduced to a less than significant level with specified mitigati project by the City Council will therefore require adoption of f and a Mitigation Monitoring and Reporting Program; and the Final SEIR identified significant and unavoidable environme WHEREAS, of the project and approval of the project by the City Council w Findings and a Statement of Overriding Considerations; and the Final SEIR and all of the documents relating to the Project WHEREAS, for review in the City Planning Division at the Dublin City Hall, file PLPA-2012-00031, during normal business hours. The location and custodian of the Final constitute the record of proceedings for the Project is the City Development Department, 100 Civic Plaza, Dublin, CA 94568, file , the Dublin Planning Commission hereby NOW, THEREFORE, BE IT RESOLVED THAT makes the following findings and recommendations to the City Cou the environmental review of the Project under CEQA: A. The foregoing recitals are true and correct and made a part o B. The Final SEIR has been completed in compliance with CEQA, th and the City of Dublin Environmental Guidelines. C. The Planning Commission has independently reviewed and consid contained in the Final SEIR, including the written comments rece SEIR review period and the oral and written comments received at prior to making its recommendation on the proposed Project. D. The Final SEIR reflects the City’s independent judgment and a environmental impacts of the proposed Project. The Final SEIR p the decision-makers and the public on the environmental conseque 2 Project. E. The Final SEIR adequately describes the proposed Project, its impacts, mitigation measures and a reasonable range of alternati Project. the Dublin Planning Commission hereby recommends BE IT FURTHER RESOLVED that, prior to the approval of the Project, the City Council cer Environmental Impact Report as complete, adequate and in complia Guidelines, and the City of Dublin Environmental Guidelines. Th recommends that the City Council make all required, mitigation a a Statement of Overriding Considerations, and adopt a Mitigation Program, all in compliance with the requirements of CEQA. th this 12 day of November 2013 by the following PASSED, APPROVED, AND ADOPTED vote: AYES: O’Keefe, Bhuthimethee, Goel, Kohli NOES: ABSENT: Do ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ______________________________ Assistant Community Development Director G:\PA#\2012\PLPA-2012-00031 Regency Center Site 16A GPA SPA PD S 3 RESOLUTION NO. 13 – 38 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION AMENDING T GENERAL PLAN AND THE EASTERN DUBLIN SPECIFIC PLAN FOR THE VILLAGE AT DUBLIN RETAIL CENTER PLPA-2012-00031 (APN 986-0033-007-00) the Applicant,Regency Centers, has submitted a Planning Applicat WHEREAS, construct a retail commercial center of up to 167,200 square fee 5054 Hacienda Drive. The proposal includes the approval of Gene Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendm properties to a new Planned Development Zoning District and appr Stage 2 Development Plan, Site Development Review, Vesting Tenta of a Final Supplemental Environmental Impact Report, among other planning and implementing actions are collectively known as “The Center Project” or the “Project”; and approval of the project as proposed requires that certain amend WHEREAS, made to the General Plan and Eastern Dublin Specific Plan so tha consistent with the proposed General Commercial use of the site; , the General Plan and Eastern Dublin Specific Plan land use des WHEREAS the project site is amended from “Campus Office” to a combined “ Office” to enable the construction of a retail shopping center. General Plan and Eastern Dublin Specific Plan are amended to ens new land use designation for this 14.32 acres; and the California Environmental Quality Act (CEQA), together with WHEREAS, guidelines and City environmental regulations require that certa environmental impacts and that environmental documents be prepar , the City prepared a Draft Supplement Environmental Impact Repo WHEREAS dated July 2013 for the proposed Project which reflected the Cit analysis of the potential environmental impacts of the Project; , the Draft SEIR was circulated from July 30, 2013 to September WHEREAS days) for public comment; and , comments received on the Draft SEIR were reviewed and responde WHEREAS the Final EIR (that contains the Response to Comments) dated Oct and consistent with section 65352.3 of the California Government Cod WHEREAS, obtained a contact list of local Native American tribes from the Commission and notified the tribes on the contact list of the op on the proposed General Plan Amendment. None of the contacted tr consultation within the 90-day statutory consultation period and under section 65352.3; and , a Staff Report, dated November 12, 2013 and incorporated herei WHEREAS reference, described and analyzed the Project, including the Gen Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendm properties to a new Planned Development Zoning District and appr Stage 2 Development Plan, Site Development Review, Vesting Tenta of a Final Supplemental Environmental Impact Report, for the Pla the Planning Commission held a properly noticed public hearing o WHEREAS, Project, including the proposed General Plan and Eastern Dublin November 12, 2013 at which time all interested parties had the o the Planning Commission considered the Final SEIR, all above-ref WHEREAS, reports, recommendations, and testimony to evaluate the Project. that the foregoing recitals are true and correct NOW, THEREFORE, BE IT RESOLVED and made a part of this resolution. that the Planning Commission recommends that the City BE IT FURTHER RESOLVED Council approve the Resolution attached as Exhibit A approving a Plan and Eastern Dublin Specific Plan based on findings, as set amendments are in the public interest, promotes general health, General Plan and Eastern Dublin Specific Plan, as so amended, wi consistent. th this 12 day of November 2013 by the following PASSED, APPROVED, AND ADOPTED vote: AYES: O’Keefe, Bhuthimethee, Goel, Kohli NOES: ABSENT: Do ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ______________________________ Assistant Community Development Director G:\PA#\2012\PLPA-2012-00031 Regency Center Site 16A GPA SPA PD S 2 RESOLUTION NO. 13-39 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING T ZONING MAP TO REZONE 14.32 ACRES AT 5054 HACIENDA DRIVE TO A PLA DEVELOPMENT ZONING DISTRICT AND APPROVING THE RELATED STAGE 1 AN DEVELOPMENT PLAN FOR THE VILLAGE AT DUBLIN RETAIL CENTER PROJECT PLPA-2012-00031 (APN 986-0033-007-00) the Applicant,Regency Centers, has submitted a Planning Applicat WHEREAS, construct a retail commercial center of up to 167,200 square fee Hacienda Drive. The proposal includes the approval of General P Specific Plan Amendments, Zoning Ordinance Amendments, Rezoning Development Zoning District and approval of a related Stage 1 an Development Review, Vesting Tentative Map, and certification of Impact Report, among other related actions. These planning and i collectively known as “The Village at Dublin Retail Center Proje , the implementation of the development project requires that th WHEREAS rezoned to a new Planned Development Zoning District with approv 2 Development Plan; and in accordance with the California Environmental Quality Act cer WHEREAS, required to be reviewed for environmental impacts and when appli prepared; and the Planning Commission held a properly noticed public hearing WHEREAS, Plan and Eastern Dublin Specific Plan Amendments and Planned Dev November 12, 2013 at which time all interested parties had the o , a Staff Report was submitted recommending that the Planning Co WHEREAS a resolution recommending that the City Council adopt an Ordinan Development Rezone with a related Stage 1 and Stage 2 Developmen Retail Center; and on November 12, 2013, the Planning Commission adopted Resolutio WHEREAS, recommending that the City Council certify the Final SEIR for th incorporated herein by reference and available for review at Cit and , on November 12, 2013, the Planning Commission adopted Resoluti WHEREAS recommending that the City Council approve the proposed General Plan amendments, which resolution is incorporated herein by refe City Hall during normal business hours; and , the Planning Commission did review Final Supplemental Environm WHEREAS Report, all said reports, recommendations and testimony herein a independent judgment prior to making a recommendation on the Pro that the foregoing recitals are true and correct and NOW, THEREFORE, BE IT RESOLVED made a part of this resolution. that the Dublin Planning Commission does hereby adopt a BE IT FURTHER RESOLVED Resolution recommending that the City Council adopt an ordinance 14.32 acres at 5054 Hacienda Drive to a Planned Development Zoni related Stage 1 and Stage 2 Development Plan for The Village at on findings, including but not limited to, that the Planned Deve is consistent and in conformance with the General Plan as propos and intent of the Planned Development zoning district, and that will be harmonious and compatible with existing and future devel th this 12 day of November 2013 by the following vote: PASSED, APPROVED, AND ADOPTED AYES: O’Keefe, Bhuthimethee, Goel, Kohli NOES: ABSENT: Do ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ______________________________ Assistant Community Development Director G:\PA#\2012\PLPA-2012-00031 Regency Center Site 16A GPA SPA PD S RESOLUTION NO. 13-40 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE SITE DEVELOPMENT REVI AND VESTING TENTATIVE MAP FOR PARCEL 3 OF PARCEL MAP 8262 FOR TH VILLAGE AT DUBLIN RETAIL CENTER (APN 986-0033-007-00) PLPA-2012-00031 the Applicant,Regency Centers, has submitted a Planning Applicat WHEREAS, construct a retail commercial center of up to 167,200 square fee 5054 Hacienda Drive. The proposal includes the approval of Gene Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendm properties to a new Planned Development Zoning District and appr Stage 2 Development Plan, Site Development Review, Vesting Tenta of a Final Supplemental Environmental Impact Report, among other planning and implementing actions are collectively known as “The Center Project” or the “Project”; and the project site is located within a Planned Development Zoning WHEREAS, the Project Plans, attached as Exhibit A, illustrate the site l WHEREAS, elevations for approximately 152,500 square feet of retail comme by the Eastern Dublin Specific Plan and General Plan, as amended , the Project Plans also illustrate the proposed subdivision of WHEREAS acre parcel into five separate parcels, ranging in size from 7,4 acres (Lot 1); and , the Site Development Review and Vesting Tentative Map applicat WHEREAS collectively defines this “Project” and is available and on file Department; and in accordance with the California Environmental Quality Act cer WHEREAS, are required to be reviewed for environmental impacts and when a documents prepared; and , a Staff Report was submitted recommending that the Planning Co WHEREAS recommend approval to the City Council of project-related Genera Dublin Specific Plan Amendments, Zoning Ordinance Amendments, Re new Planned Development Zoning District and approval of a relate Development Plan, Site Development Review, Vesting Tentative Map Final Supplemental Environmental Impact Report for The Village a on November 12, 2013, the Planning Commission adopted Resolutio WHEREAS, recommending that the City Council certify the Final SEIR for th incorporated herein by reference and available for review at Cit hours; and , on November 12, 2013, the Planning Commission adopted Resoluti WHEREAS recommending that the City Council approve the proposed General Specific Plan amendments, which resolution is incorporated herei for review at City Hall during normal business hours; and , the Planning Commission did hold a public hearing on said appl WHEREAS November 12, 2013 for this project, at which time all interested heard; and , proper notice of said public hearing was given in all respects WHEREAS law; and , a Staff Report was submitted recommending that the Planning Co WHEREAS recommend that the City Council approve the Site Development Rev Map application; and , the Planning Commission did hear and use independent judgment WHEREAS considered all said reports, recommendations, and testimony here that the Planning Commission of the City of NOW, THEREFORE, BE IT RESOLVED Dublin does hereby make the following Site Development Review fi regarding The Village at Dublin Retail Center Project on approxi Hacienda Drive: A. The proposal is consistent with the purposes of Chapter 8.104 (S Review) of the Zoning Ordinance, with the General Plan, and any : 1) The project provides an orderly, attractive Plans and design guidelines because and harmonious development compatible with the site’s environmen and with surrounding properties and neighborhoods. The developme thoughtful consideration to building location, architectural and theme, vehicular and pedestrian access and on-site circulation, impact. It complies with development regulations and the require district, as required by Section 8.104.020.A of the Dublin Zonin project is utilizing traditional building forms with contemporar and finishes in compliance with the design guidelines of the Eas Plan and Community Design and Sustainability Element of the Gene project will provide unique, varied, and distinct commercial opp serve to activate the area and provide services to existing and workers in the vicinity; 4) the proposed project will conform to allowable uses as stated in the Stage 2 Development Plan as requ 8.104.020.B of the Dublin Zoning Ordinance; 5) the project inclu enhancements to complement those already in place; and 6) the pr with the General Plan and Eastern Dublin Specific Plan, as amend B. The proposal is consistent with the provisions of Title 8, Zonin 1) The architecture and landscape design for the project provide pedestrian scale with commercial retail uses, restaurants and th buildings, landscaping and parking are well-suited to the uses; 2 the project is consistent with the design requirements of the St Development Plan; 3) the proposed project is consistent with the Specific Plan because the Plan states that regionally-oriented c should be located south of Dublin Boulevard and near freeway int convenient vehicular access will limit traffic impacts to the re center is intended to serve the community as well as the region; is consistent with the total development potential for the site and Stage 2 Development Plan; 5) the proposed development is com General Plan Land Use designation of General Commercial/Campus O amended) which allows for a retail and restaurant uses which the will achieve; and 6) the proposed project meets the intent of th which discourages projects that do not relate well to the surrou and the proposed project is compatible with the surrounding neig includes office, residential, and commercial uses. C. The design of the project is appropriate to the City, the vicini 1) The properties, and the lot(s) in which the project is proposed beca architecture and landscape design for the project provides an ap scale with commercial retail uses, restaurants and the proposed landscaping and parking are well-suited to the uses; 2) the over project is consistent with the design requirements of the Stage Development Plan; 3) the proposed development is compatible with Land Use designation of General Commercial/Campus Office (as ame allows for a retail and restaurant uses which the proposed proje the proposed project meets the intent of the Dublin General Plan projects that do not relate well to the surrounding developments project is compatible with the surrounding neighborhood that inc residential, and commercial uses. D. The subject site is suitable for the type and intensity of the a 1) the project will provide the desired mix of retail stores, because: drinking establishments, and associated uses that conform to the Commercial/Campus Office land uses stipulated in the Dublin Gene Eastern Dublin Specific Plan; 2) the project provides for its ow required services and is designed to include sufficient vehicula access, with parking to support the uses; and 3) the proposed de consistent with the General Plan and Eastern Dublin Specific Pla E.: 1) the Impacts to existing slopes and topographic features are addresse project site is relatively flat; 2) the roadway and utility infr already exists, and 3) future approval of grading and improvemen the site to be modified to suit the project, which will be devel accordance with City policies and regulations. F. Architectural considerations including the character, scale and site layout, the architectural relationship with the site and ot unsightly uses, lighting, building materials and colors and simi project that is harmonious with its surroundings and compatible 1) the architectural style and materials will be developments in the vicinity because: 3 consistent and compatible with the contemporary architectural st materials being utilized on other commercial projects in the Cit utilizing traditional building forms with contemporary, high-qua finishes in compliance with the design guidelines of the Eastern 3) the size and scale of the development will be similar to othe shopping centers in the project vicinity; and 4) unsightly uses parking lots) shall be screened with appropriate materials that compatible with the building design. G. Landscape considerations, including the location, type, size, co coverage of plant materials, and similar elements have been inco project to ensure visual relief, adequate screening and an attra 1) the Preliminary Landscape Plan for the project site emphasiz the public because: the creation of a comfortable pedestrian environment that will i sidewalks along the main north-south drive aisle adorned with st pedestrian-scaled lighting; 2) landscaping will be provided thro fields both at the front and rear of the project buildings; and and interior landscaping is consistent with other commercial dev vicinity and conforms to the requirements of the City’s Water Ef Ordinance. H. The site has been adequately designed to ensure the proper circu 1) all infrastructure including driveways, pedestrians, and automobiles because: pathways, sidewalks, and street lighting have been reviewed for City policies, regulations, and best practices and have been des modal travel in mind; and 2) development of this project will co public improvements already installed allowing patrons the safe these facilities. that the Planning Commission of the City of Dublin does BE IT FURTHER RESOLVED hereby make the following Vesting Tentative Map findings and det Tentative Map for Parcel 3 of PM 8262 for The Village at Dublin A. Vesting Tentative Map for Parcel 3 of PM 8262 is consistent w applicable subdivision regulations and related ordinances. B. The design and improvements of Vesting Tentative Map for Parc consistent with the General Plan and Eastern Dublin Specific Pla general land uses, and programs as they relate to the subject pr subdivision of one parcel into five parcels for the purposes of typical for this type of retail commercial shopping center devel C. Vesting Tentative Map for Parcel 3 of PM 8262 is consistent w Provisions and Development Standards for the Planned Development for The Village at Dublin (PLPA-2012-00031), and therefore is co of Dublin Zoning Ordinance. D. The project site is located adjacent to major roads, includin Hacienda Drive, Martinelli Way, and Arnold Road, on approximatel 4 land. The topography of the property is generally flat. The site is physically suitable for the type and intensity of the proposed General Commercial/Ca development proposed. E. The Vesting Tentative Map will not cause environmental damage injure fish or wildlife of their habitat or cause public health proposed project is for the subdivision of the land and not for improvements. F. The design of the subdivision will not conflict with easement at large, or access through or use of property within the propos City Engineer has reviewed the map and title report and has not easements of this nature. that the Planning Commission of the City of Dublin does BE IT FURTHER RESOLVED hereby recommend that the City Council approve the Vesting Tenta Development Review for The Village at Dublin Retail Center proje prepared by Johnson Lyman Architects, stamped received October 2 conditions included below. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be com of building permits or establishment of use, and shall be subjec and approval. The following codes represent those departments/a monitoring compliance of the conditions of approval. [PL.] Pla [PW] Public Works [P&CS] Parks & Community Services, [ADM] Admin [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin [CO] Alameda County Department of Environmental Health, [Z7] Zon CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: GENERAL CONDITIONS - SITE DEVELOPMENT REVIEW and TENTATIVE SUBDI This Site Development Review and PLOngoingPlanning Approval. 1. Tentative Subdivision Map approval for The Village @ Dublin Retail Center project establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review/Tentative Subdivision Map approval generally shall conform to the project plans submitted by Johnson Lyman Architects and Cardno WRG (Civil Engineers) dated received October 29, 2013 and on file in the Community Development Department, and other plans, text, and diagrams – including the color and material board – relating to this Site Development Review/Vesting Tentative Map approval, unless modified by the Conditions of Approval contained herein. Approval of this Site PLOne year After DMC Permit Expiration. 2. Development Review/Tentative Subdivision Map Effective Date 8.96.020. approval shall be valid for one (1) year from the D 5 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: approval of the project by the Planning Commission. This approval shall be null and void in the event the approved use fails to be established within the prescribed time. Commencement of the use means the establishment of use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. The original approving decision-PLOne Year DMC Time Extension. 3. maker may, upon the Applicant’s written request for Following8.96.020. an extension of approval prior to expiration, upon the ExpirationE determination that all Conditions of Approval remain Date adequate and all applicable findings of approval will continue to be met, grant an extension of the approval for a period not to exceed six (6) months. Subsequent six month extensions may be granted at the discretion of the Community Development Director. All time extension requests shall be noticed and a public hearing shall be held before the original hearing body. The Applicant/Property Owner shall PLOn-goingDMC Compliance. 4. operate this use in compliance with the Conditions of 8.96.020.F Approval of this Site Development Review, the approved plans and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. This approval shall become effective PLOngoingPlanning Effective Date. 5. after the SDR/Tentative Map approval appeal period has expired. The approval is contingent on the City Council taking the following actions related to the project: Certifying a Final Supplemental Environmental 1. Impact Report and Adoption of Environmental Findings under CEQA for the project; Adopting a Resolution amending the General Plan 2. and the Eastern Dublin Specific Plan for the project; and Adopting an Ordinance approving a Planned 3. Development Rezone with a related Stage 1 and Stage 2 Development Plan for the project. If the above actions do not take place, the SDR/Tentative Map approval is null and void. The Site Development PLOn-goingDMC Revocation of Permit. 6. Review/Tentative Subdivision Map approval shall be 8.96.020.I revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 6 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: TheVariousBuilding Permit Standard Requirements and Standard Conditions. 7. Applicant/ Developer shall comply with applicable City Issuance of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Developer shall obtain all permits PWBuilding Permit Standard Required Permits. 8. required by other agencies including, but not limited to Issuance Alameda County Environmental Health, Alameda County Flood Control and Water Conservation District (Zone 7), California Department of Fish and Wildlife, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans, or other regional/state agencies as required by law. Copies of the permits shall be provided to the Public Works Department. Applicant/Developer shall pay all applicable VariousBuilding Permit Various Fees. 9. fees in effect at the time of building permit issuance, Issuance including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. The Developer shall defend, ADMOn-goingAdministra Indemnification. 10. indemnify, and hold harmless the City of Dublin and its tion/ agents, officers, and employees from any claim, City action, or proceeding against the City of Dublin or its Attorney agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. In the event that there PWOn-goingPublic Clarification of Conditions. 11. needs to be clarification to the Conditions of Approval, Works 7 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: the Community Development Director and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts to this project. The Applicant/Developer shall be PLOn-goingPlanning Clean-up. 12. responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. Modifications or changes to this Site PLOn-goingDMC Modifications. 13. Development Review/Tentative Subdivision Map 8.104 approval may be considered by the Community Development Director in compliance with Chapter 8.104 of the Zoning Ordinance and in compliance with the Subdivision Ordinance. Should any prehistoric, cultural, or PLDuringPlanning Archaeology. 14. historic artifacts be exposed during excavation and Construction construction operations, the Department of Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. Compliance with this condition required throughout construction. PLANNING DIVISION - PROJECT SPECIFIC CONDITIONS All electrical equipment, fire PLBuilding Permit Planning Equipment Screening. 15. risers, and/or mechanical equipment shall be Issuance screened from public view by landscaping and/or and architectural features. Any roof-mounted equipment Through shall be completely screened from adjacent street Completion/ view by materials architecturally compatible with the On-going building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Director of Community Development. The truck dock shall be PLBuilding PermitPlanning Truck Dock Screening. 16. completely screened from adjacent street view by Issuance materials architecturally compatible with the building and and to the satisfaction of the Community Development Through Director. The Building Permit plans shall show Completion/ 8 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: screening walls of sufficient height to screen a truck On-going parked in the dock. The exterior paint colors of the buildings shall PLOccupancyPlanning Colors. 17. be in compliance with the Color and Material Board approved with the Project Plans. The Applicant shall paint small portions of the building the approved colors for review and approval by the Director of Community Development prior to painting the entire buildings, whose approval shall not be unreasonably withheld. PLBuilding Permit Planning Approval of Design Details Prior to Full 18. Details of the following site features and Issuance Installation. improvements shall be reviewed and approved by the Community Development Director prior to permit issuance: 1. Perimeter 4’ metal lattice screening fence with pilasters. 2. Bicycle lockers. 3. Paving pattern, colors, material for pedestrian pathways through the parking lot. 4. Paving pattern, colors, material for crosswalks and internal drive-aisle intersection area. 5. Enclosures for outdoor dining/seating areas. 6. Construction and material details for trash enclosures. 7. Location and design of shopping cart corrals for grocery store. PLOngoingPlanning Outdoor furniture (including Outdoor Furniture. 19. tables and chairs for outdoor seating/eating areas) shall be suitable for all-weather conditions and made of high-quality, durable materials. Umbrellas shall have no more than two colors. Logos, or the name of the restaurant establishment, may be printed on the umbrella canvas, but logos for products sold are prohibited. PLOngoingPlanning Outdoor Outdoor Dining/Seating Areas. 20. dining/seating areas not shown on the Project Plans may be permitted through a Site Development Review Waiver. Outdoor dining/seating areas shown on the Project Plans do not need any additional review/approval except approval of any enclosure details. Outdoor dining/seating areas (including furniture and barriers/enclosures) shall be maintained in good condition at all times by the owners/operators of the associated dining establishment or the retail center property management. A Master Sign Program will PLInstallation of Planning Master Sign Program. 21. be reviewed and approved at the Staff-level for all any project- project-related signage including, but not limited to, related wall signs, monument signs, community identification signage signage, address signage, directional signage, parking signage, speed limit signage, retail tenant signage, 9 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: and other signage deemed necessary by the City. The wall and monument signs shown in the Project Plans are for illustrative purposes only and the full details of the sign sizes, materials, and construction shall be shown in the separate sign package. The Applicant/Developer shall PLEstablishmentPlanning Construction Trailer. 22. obtain a Temporary Use Permit prior to the of the establishment of any construction trailer, storage temporary use shed, or container units on the project site. shall be PLIssuance of Planning Final Building and Site Improvement Plans 23. reviewed and approved by the Community Building Development Department staff prior to the issuance of Permits a building permit. All such plans shall insure: a. That standard non-residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the disabled, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including air conditioning condensers, are architecturally screened from view, and that electrical transformers are either underground, architecturally screened, or screened by landscape of an adequate size. Electrical and gas meters shall be screened to the greatest degree possible. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. 10 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: i. That all other public agencies that require review of the project are supplied with copies of the final building and site plans and that compliance is obtained with at least their minimum Code requirements. No Soft Foam or EIFS-type PLBuilding Permit Planning Soft Building Materials. 24. material may be installed on walls within 6 feet from Issuance/ the earth or paved areas.On-going The Applicant/ PLOn-goingPlanning Mitigation Monitoring Program. 25. Developer shall comply with The Village Final Supplemental Environmental Impact Report (EIR) certified by City Council Resolution xx-xx, including all mitigation measures, action programs, and implementation measures contained therein. The EIR is on file with the Community Development Department. LANDSCAPING Final PLLandscapeDMC Final Landscape and Irrigation Plans. 26. landscape plans, including utility and tree coordination plan approval 8.72.030 plans, layout plans, irrigation system plans, planting and installation plans, and guarantees, shall be reviewed and approved by the City Engineer and the Community Development Director prior to the issuance of the building permit. Plans shall be generally consistent with the layout of the Preliminary Landscape drawings included in the Project Plan Set prepared by Thomas Baak & Associates, received by the Planning Division on October 28, 2013, except as modified by the Conditions listed below or as required by the Community Development Director to address specific site constraints or conditions. At the Final Landscape Plan stage, the tree and plant material selections shall be reviewed in detail as the areas of the site needed for bioretention/water quality are finalized through the development of detailed Site Improvement Plans. Particular attention shall be paid to ensuring that plant material shown in bioretention areas are well-suited for those soil conditions. Alternative species shall be considered to ensure compatibility with the contemporary look and feel of the building architecture and overall design aesthetic. The landscape design scheme around the corner monument at Dublin Blvd. and Hacienda Drive The Final Landscape Plans shall ensure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. All trees that are on the perimeter of the project 11 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: site and along the main north-south drive aisle shall be 24” box minimum, with at least 30% at 36” box or greater. Other trees located throughout the parking lot and the project site shall be 15 gallon and 24” box. All shrubs shall be 5 gallon minimum. All groundcover shall be 1 gallon in size. These standards shall be met unless a superior design concept is proposed by the Applicant and accepted by the City. d. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the Tentative map and conditions detailed in the Site Development Review plan set. g. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. h. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. i. The Layout Plan shall illustrate the design of all hardscape elements including walls, fences, gates, light locations, at grade or above grade utility boxes and vaults, walkways and decorative pavement. j. The Irrigation Plan shall utilize low flow, durable, irrigation equipment and the design shall comply with Water Efficient Landscape Ordinance (WELO) requirements. k. Construction details of raised planters, walkways, paths, benches, walls, fences and other architectural features as appropriate to the project. l. All pole light locations shall be coordinated with the placement of trees to eliminate conflicts between the trees and lights and so that the light is not blocked by the growth of the trees. PLOngoingPlanning Landscaping at Street/Drive Aisle Intersections. 27. Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping (and/or landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. All trees planted shall meet the PLLandscapePlanning Plant Clearances. 28. following clearances:plan approval a. 6’ from the face of building walls or roof eaves.and installation b. 7’ from fire hydrants, storm drains, sanitary sewers 12 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: and/or gas lines. c. 5’ from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. 15’ from stop signs, street or curb sign returns. e. 15’ from either side of street lights. The Applicant/Developer shall prepare a PL, PW,POBuilding Permit Planning Lighting. 29. photometric plan to the reasonable satisfaction of the Issuance City Engineer, Director of Community Development, the City’s Consulting Landscape Architect and Dublin Police Services. The photometric plan shall show lighting levels which takes into consideration poles, low walls and other obstructions. Exterior lighting shall be provided within the surface parking lot and on the building, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The parking lot lights shall be designed to eliminate any pockets of high and low illuminated areas. Prior to Occupancy, the Applicant shall request an inspection of the lighting levels in the structure to determine if lighting is sufficient. If additional lights are required to be installed to meet the 1.0 foot-candle requirement, the Applicant shall do so prior to Occupancy. . Applicant/Developer shall construct all PL, PWLandscapePlanning/ Landscaping 30. landscaping within the site and along the project plan approval Public frontage to the street curb and gutter. and installationWorks The Landscape Plan PL, PW, FLandscapePlanning Backflow Prevention Devices. 31. shall show the location of all backflow prevention plan approval devises. The location and screening of the backflow and installation prevention devices shall be reviewed and approved by City staff . The landscape PL, PWLandscapePlanning Root Barriers and Tree Staking. 32. plans shall provide details showing root barriers and plan approval tree staking will be installed which meet current City and installation specifications. The PLLandscapeDMC 8.88 Water Efficient Landscaping Ordinance. 33. Applicant/ Developer shall submit written plan approval documentation to the Public Works Department (in the and installation form of a Landscape Documentation Package and other required documents) that the development conforms to the City’s Water Efficient Landscaping Ordinance. BUILDING – GENERAL CONDITIONS Issuance of Building Codes issues to address in Permit 34. Building Submittal: Permit(s) and 1.Exterior door protection is required by approval of the 5.407.2.2.1 of the Cal Green Building Final Map Standards. 2.Roof Solar Zones are required to be shown per 110.10 Ca Energy Code. 3.Provision of accessible parking will need to meet the 2013 CBC standards. A reciprocal 13 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: parking agreement will be needed to ensure that accessible stalls are available across parcels. 4.Provide location of long term and short term bike parking. Provide calculations for the breakdown of each type. Provided distance from short-term bike parking to normal customer entrances. See 5.106.4 CA Green Building Standards Code. 5.Acoustical Control methods shall be shown on the plans in accordance with Section 5.507 of the Cal Green Code If necessary due to the size BIssuance of Building Construction trailer. 35. and nature of the project, the Applicant/Developer Building shall accommodate space on the project site for City Permit(s) inspection personnel. The Building Official shall determine how this shall be provided, but the accommodation could be the provision of a dedicated office in the job site trailer or, under unusual circumstances, it could be the provision of a separate construction trailer with electrical hookups for the City’s use. All project BThroughBuilding Building Codes and Ordinances. 36. construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. . Pursuant to Dublin BIssuance of Building 60-Foot No Build Covenant 37. Municipal Code Section 7.32.130, the owner shall file Building with the Building Official a Covenant and Agreement Permits and Regarding Maintenance of Yards for an Oversized Ongoing Building binding such owner, his heirs, and assignees, to set aside a 60-foot required yard as unobstructed space having no improvements. Alternatively, the 60- foot no-build easement shall be shown on the Tentative Subdivision Map. After execution by the owner and Building Official, such covenant shall be recorded in the Alameda County Recorder’s Office, and shall continue in effect so long as an oversized building remains or unless otherwise released by authority of the Building Official. Air conditioning units and ventilation PL, BOccupancy of Building HVAC Systems. 38. ducts shall be screened from adjacent street view with any tenant materials compatible to the main building. Units shall space be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Development. To apply for building permits, BIssuance of Building Building Permits. 39. Applicant/Developer shall submit five (5) sets of Building construction plans to the Building & Safety Division for Permits plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. 14 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. Construction plans shall be BIssuance of Building Construction Drawings. 40. fully dimensioned (including building elevations) Building accurately drawn (depicting all existing and proposed Permits conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. Address will be required on all doors BOccupancy of Building Addressing. 41. leading to the exterior of the building. Address any building numbers/letters shall be in a contrasting color to the and ongoing surface on which they are applied and be able to be seen from the street, 4 inches in height minimum. If occupancy is requested to B, PLOccupancy of Building Phased Occupancy. 42. occur in phases, then all physical improvements within any affected each phase shall be required to be completed prior to building occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. A Special Inspector shall be BFrameBuilding Engineer Observation. 43. retained to provide observation services for all Inspection components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. Geotechnical Engineer for the soils BIssuance of Building Foundation. 44. report shall review and approve the foundation design. Building A letter shall be submitted to the Building Division on Permits the approval. The Green Building BThroughBuilding Green Building Guidelines. 45. checklist shall be included in the master plans. The Completion 15 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: checklist shall detail what Green Points are being obtained and where the information is found within the master plans. (Prior to first permit). Prior to each permit final, the project shall submit a completed checklist with appropriate verification that all Green Points required by 7.94 of the Dublin Municipal Code have been incorporated. Flat roof areas shall have their roofing BThroughBuilding Cool Roofs. 46. material (including gravel) coated or painted with light Completion colored or reflective material designed for Cool Roofs. The Applicant/Developer shall submit BPrior to First Building Electronic File. 47. all building drawings and specifications for this project and Final in an electronic format to the satisfaction of the Inspection Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an “As Built” electronic file and submitted prior to the issuance of the final occupancy. Applicant shall provide B30 days After Building Copies of Approved Plans. 48. City with 4 reduced (1/2 size) copies of the approved Permit and plan.Each Revision Issuance Temporary Construction BBeginning of Building Construction Fencing. 49. fencing shall be installed along perimeter of all work work onsite under construction. FIRE– GENERAL CONDITIONS The Applicant/DevelopershallFDuringFire Code compliance. 50. comply with all applicable Fire and Building Codes in Construction effect at the time of building permit application. Fire hydrants shall be installed FOccupancyFire Fire hydrants. 51. throughout the project and along the project streets as required by the Fire Department and 2010 California Fire Code. All fire hydrants and FDCs shall be noted on the site plan. Access onto the project FApproval of Fire Driveway Modifications. 52. site from all public streets may need minor Improvement modifications to meet Fire Department access Plans requirements. PUBLIC WORKS – PROJECT SPECIFIC In PWApproval of Public Clarifications and Changes to the Conditions. 53. the event that there needs to be clarification to these Improvement Works Conditions of Approval, the Directors of Community Plans Development and Public Works have the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Directors of Community Development and Public Works and placed in the project file. The Directors also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts of this project. PWOn-goingPublic The Applicant/Developer shall comply Compliance. 54. Works with the City of Dublin Zoning and Grading Ordinances, the City of Dublin Public Works 16 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. PWThroughPublic Any water well, Wells or Exploratory Boring. 55. CompletionWorks cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. PWOn-goingPublic An encroachment permit from Encroachment Permit. 56. Works the Public Works Department may be required for any work done within the public right-of-way even if covered under an Improvement Agreement. PWIssuance of Public The Applicant/Developer Easement Abandonment. 57. Grading/Works shall obtain abandonment from all applicable public Sitework agencies of existing easements and right of ways that Permit will no longer be used. PWIssuance of Public The Applicant/Developer shall acquire Easements. 58. Grading/Works easements, and/or obtain rights-of-entry from the Sitework adjacent property owners for any improvements on Permit their property. The easements and/or rights-of-entry shall be in writing and copies furnished to the City Engineer. PWIssuance of Public Ingress and egress easements, Easements. 59. Grading/Works emergency vehicle access easements, private storm Sitework drainage easements, private water line easements, Permit private sanitary sewer easements and joint use parking easements will be required as and to the extent needed, between lots. The easement geometry shall be subject to the approval of the City Engineer PWIssuance of Public The Grading Plan shall be in Grading Plan. 60. Grading/Works conformance with the recommendations of the Sitework Geotechnical Report, the approved Tentative Map, Permit and the City design standards & ordinances. In case of conflict between the soil engineer’s recommendations and City ordinances, the City Engineer shall determine which shall apply. PWIssuance of Public All public improvements shall Public Improvements. 61. Grading/Works conform to the City of Dublin Standard Plans and Sitework design requirements and as approved by the City Permit Engineer. PWIssuance of Public Applicant/Developer Water and Sewer Facilities. 62. Grading/Works shall construct all potable and recycled water and Sitework sanitary sewer facilities required to serve the project in Permit accordance with DSRSD master plans, standards, specifications and requirements. PWIssuance of Public Fire hydrant locations shall Fire Hydrant locations. 63. Grading/Works be approved by the Alameda County Fire Department. Sitework Permit PWOccupancyPublic . The Applicant/Developer shall furnish Street Signs 64. 17 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: Works and install street name signs, and traffic signs & marking for the project as required by the City Engineer. PWOccupancyPublic All public utilities shall be Underground Utilities. 65. Works located and provided within public utility easements and sized to meet utility company standards. PL, PWIssuance of Public To the maximum extent practicable, all Utility Vaults. 66. Grading/Works utility vaults, boxes and structures shall be Sitework underground and placed in landscape areas and Permit screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director prior to construction. A reciprocal PWApproval of Public Reciprocal Parking Agreement. 67. parking agreement shall be signed and recorded Improvement Works against all parcels in the center to ensure that the Plans parking fields function for the whole center and are available to customers of any business on the project site. Bicycle parking shall be provided in PWApproval of Public Bicycle Parking. 68. accordance with California Green Building Standards Improvement Works Code Section 5.106.4Plans Truck deliveries shall be restricted PWOngoingPublic Truck deliveries. 69. to the delivery areas at the back of the shopping Works center (Dublin Blvd.). Trucks shall not be left idling at the truck dock and shall not be left overnight. A Striping Plan showing all proposed PWApproval of Public Striping Plan. 70. improvements in the public right of way shall be Improvement Works submitted for review and approval by the City Plans Engineer. Pedestrian crosswalks shall PWApproval of Public Pedestrian crosswalks. 71. be designed to have separated ramps. The north-Improvement Works south pedestrian crosswalks across Martinelli Way Plans shall have a similar decorative treatment as the pedestrian pathways on the project site. Applicant shall coordinate the PWApproval of Public Trash Enclosures. 72. trash enclosure locations and the size of the Improvement Works enclosures with AVI and the City to ensure adequate Plans capacity to serve the future restaurant and retail tenants. Trash enclosures shall meet all requirements set forth in the Dublin Municipal Code (DMC), Chapter 7.98 and design details shall be shown on the Site Improvement Plans. Rolled curb extensions at four right-turn PWApproval of Public Drive aisles. 73. only exits shall be examined for possible construction Improvement Works as full landscaped islands.Plans The signalized driveway PWApproval of Public Dublin Blvd. drive aisle. 74. approach northbound onto Dublin Blvd. shall be Improvement Works reviewed to consider a dedicated left turn lane and a Plans shared right/through lane. PWApproval of Public Camera/signal upgrade at Sybase Drive/Dublin 75. The existing signals at Improvement Works and Martinelli/The Green - Sybase Drive/Dublin Boulevard shall be modified to Plans provide access to the project and circulation in the 18 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: project vicinity and the signal at Martinelli Way/The Green entrance shall be activated. Any signal modifications shall be approved by the City Engineer. The signal modifications shall also include traffic monitoring cameras (one at each signal and one spare), signal interconnects and communication equipment along with spares, and battery backup units for signal controllers. The curb PWApproval of Public ROW Modifications to Arnold/Dublin. 76. return at Arnold/Dublin Blvd. shall be extended to the Improvement Works north to the edge of the bike lane to accommodate the Plans future bus pullout and the commercial driveway entrance. The curb PWApproval of Public ROW Modifications on Dublin Blvd. 77. nd return at the 2 driveway east of Arnold Road (into Improvement Works the employee parking area) shall be extended to the Plans north to the edge of the bike lane to maximize safety for right turn movements into the main center drive aisle. The curb PWApproval of Public ROW Modifications along Martinelli. 78. st return at the 1 driveway east of Arnold Road shall be Improvement Works extended to the south to the edge of the turn lane to Plans maximize the safety for right turn movements onto Arnold Road. Applicant shall dedicate PWApproval of Public ROW dedications. 79. necessary right of way along all perimeter streets Improvement Works (Dublin Blvd, Hacienda Drive, Martinelli Way, and Plans Arnold Road) to accommodate a landscape parkway strip and the sidewalks as shown on Sheet C-2 (Site Plan) to be within the public right of way. All proposed project monument signs PWApproval of Public Project signs. 80. shall be placed on private property. The signs should Improvement Works ideally be located outside any easement areas, but Plans exceptions can be made by the City Engineer. Any signage located in an easement is subject to removal and replacement at the expense of the Applicant/property owner if needed by the easement holder. The two PWApproval of Public Pedestrian walkways off Martinelli. 81. proposed pedestrian walkways from Martinelli to the Improvement Works main buildings shall meet the current ADA/Title 24 Plans standards and shall have a contrasting decorative finish that is similar to the other crosswalk locations within the project site. PWApproval of Public Water Quality/Storm Drain. 82. Improvement Works 1.The decorative crosswalks, main interior Plans intersection, and pedestrian walkways may be constructed with permeable pavers. 2.The project shall meet current C.3 and upcoming C.10 requirements. 3.Trash capture devices shall be installed on all storm drain lines before they tie into the public storm drain network. 4.All private storm drain lines shall be placed on 19 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: private property. All FDC connectors and double PWApproval of Public FDC connectors. 83. detector-check valves shall be placed outside of bio-Improvement Works retention areas and shall be easily accessible for Plans maintenance and operations. Applicant shall provide a Class II bike PWApproval of Public Bicycle lanes. 84. lane on Arnold Road and Class I bike way on Improvement Works Martinelli Way within the Public ROW along with Plans appropriate signage and pavement markings. PWPrior to Public Standard Public Works Conditions of Approval. 85. Applicant/Developer shall comply with all applicable Approval of Works City of Dublin Public Works Standard Conditions of Improvement Approval. In the event of a conflict between the Plans Public Works Standard Conditions of Approval and these Conditions, these Conditions shall prevail. . The PWPrior to Public Hold Harmless/Indemnification 86. Applicant/Developer shall defend, indemnify, and hold Approval of Works harmless the City of Dublin and its agents, officers, Improvement and employees from any claim, action, or proceeding Plans against the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extend such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Applicant/Developer’s duty to so defend, indemnify, and hold harmless shall be subject to the City’s promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City’s full cooperation in the defense of such actions or proceedings. The applicant shallapply PWThroughPublic Grading/Sitework Permit. 87. for and obtain a Grading/Sitework Permit from the completion of Works Public Works Department for all site Improvements improvement/grading work. The Grading/Sitework and Permit will be based on the final set of civil plans and Occupancy of will not be issued until all of plan check comments the Building have been resolved. A copy of Grading/Sitework Permit application may be found on the City’s website at: https://ca-dublin.civicplus.com/index.aspx?NID=340 The current cost of the permit is $102.00 and is due at the time of permit issuance. The Applicant will also be responsible for any adopted increases to the fee amount or additional fees for inspection of the work. On-site improvements shall be designed in PWPrior to Public Site Plan. 88. accordance with the approved Project Plans, Issuance of Works specifically Civil Sheets C-2 to C-6. If there are Grading/ conflicts between the Civil Site Plan (Sheet C-2) and Sitework the Architectural Site Plan (Sheet A1), the Community Permit Development Director shall determine which plan shall 20 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: be followed. All walkways from the PWPrior to Public Accessible Path of Travel. 89. public sidewalk to the site shall be as shown on the Issuance of Works Site Plan, and shall be in conformance with current Grading/ California Building Code and ADA requirements. Sitework Permit All parking spaces shall be double PWPrior to Public Vehicle Parking. 90. striped using 4” white lines set approximately 2 feet Issuance of Works apart according to City Standards and §8.76.070 (A) Grading/ 17 of the Dublin Municipal Code. All compact-sized Sitework Permit parking spaces shall have the word “COMPACT” stenciled on the pavement within each space. 12”- wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. AllPWPrior to Public Site Accessibility Requirements/Driveways. 91. parking spaces for the disabled, and other physical OccupancyWorks site improvements, including the proposed driveways shall comply with current CBC Title 24 requirements and City of Dublin Standards for accessibility. The Applicant/Developer and/or building PWOngoingPublic Graffiti. 92. tenant(s) shall keep the site clear of graffiti vandalism Works on a regular and continuous basis. The Applicant/Developer is encouraged to use graffiti- resistant paint for the structures and film for windows or glass whenever possible. The PWPrior to Public Signs and Pavement Markings. 93. Applicant/Developer shall be responsible for the OccupancyWorks following on-site traffic signs and pavement markings: 1. Accessible parking signs and legends per State Title 24/ADA requirements. 2. The word “Compact” shall be stenciled on the pavement surface within each compact parking space. 3. No Stopping/Fire Lane Slopes at asphalt pavement shall PWPrior to Public Pavement Grades. 94. be a minimum of 1.5% for drainage and a maximum of Issuance of Works 5% at parking areas. Exceptions to this standard can Grading/ be considered by the City Engineer on a case-by-case Sitework basis to account for unusual design circumstances Permit PWPrior to Frontage Improvements. 95. Issuance of Tree Wells: Where parkway strips are not provided, Grading/ the Applicant/Developer shall construct tree wells, Sitework install trees and tree grates (powder coated and Permit painted) along the project frontage at Dublin Boulevard, Hacienda Drive, Martinelli Way and Arnold Road. Design shall conform with City’s Streetscape Master Plan. Pedestrian Lighting: Applicant shall install all Type 15 lighting along the frontage per current City of Dublin 21 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: Standards (energy efficient, LED models). Applicant shall provide photometric plan for lighting to assure that the new pedestrian lights meets the City standards. Prior to issuance PWPrior to Public Occupancy Permit Requirements. 96. of an Occupancy Permit, the physical condition of the OccupancyWorks project site shall meet minimum health and safety standards including, but not limited to the following: Lighting for the building and parking lot shall be a. adequate for safety and security. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. All construction equipment, materials, or on- b. going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means reasonably approved by the City Engineer/Public Works Director. All fire hydrants for the building shall be c. operable and easily accessible to City and ACFD personnel. All site features designed to serve the disabled d. (i.e. H/C parking stalls, accessible walkways, signage) for the building shall be installed and fully functional. .PWPrior to Public Stormwater Runoff Treatment and Calculations 97. The provided Preliminary Stormwater Quality/HM Plan Issuance of Works is approved in concept only. Applicant/Developer Grading/ shall complete and submit the City of Dublin’s Sitework Permit “Stormwater Requirements Checklist” with the first Improvement Plans submittal package and provide an accompanying exhibit demonstrating compliance with requirements set forth by the Municipal Regional Stormwater Permit. Applicant shall incorporate all necessary stormwater runoff, conveyance and treatment measures and details into the Site Improvement Plans. Applicant shall also provide all necessary support calculations demonstrating full compliance. Stormwater treatment design shall comply with the C- 3 Stormwater Technical Guidance issued by Alameda Countywide Clean Water Program. Runoff from landscape areas shall not drain across sidewalk areas. PWPrior to Public Stormwater Treatment Measure Maintenance 98. Applicant/Owner shall enter into a OccupancyWorks Agreement. “Stormwater Treatment Measure Maintenance Agreement” with the City of Dublin for maintenance of 22 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: stormwater treatment measures constructed at the site. PWPrior to Public Erosion Control During Construction: 99. Applicant/Developer shall include an Erosion and Issuance of Works Sediment Control Plan with the Grading and Grading/ Improvement plans for review and approval by the City Sitework Engineer/Public Works Director. Said plan shall be Permit and designed, implemented, and continually maintained during pursuant to the City’s NPDES permit between October construction. stth 1 and April 15 or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. Construction and grading PWDuringPublic Construction Hours. 100. operations shall be limited to weekdays (Monday ConstructionWorks through Friday) and non-City holidays between the hours of 7:30 a.m. and 5:30 p.m. The Applicant/Developer may request permission to work on Saturdays and/or holidays between the hours of 8:30 am and 5:00 pm by submitting a request form to the City Engineer no later than 5:00 pm the prior Wednesday. Overtime inspection rates will apply for all Saturday and/or holiday work. Temporary Construction PWDuringPublic Temporary Fencing. 101. fencing shall be installed along perimeter of all work Construction Works under construction to separate the construction and Occupancy operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer/Public Works Director. PWDuringPublic Construction Noise Management Plan. 102. Applicant/Developer shall prepare a Construction Construction Works Noise Management Plan, to be approved by the City and Grading Engineer and Community Development Director, Activities which identifies measures to be taken to minimize construction noise on surrounding developed properties. The Plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and specifications. The Applicant/Developer shall be PWPrior to Public Damage/Repairs. 103. responsible for the repair of any damaged pavement, OccupancyWorks curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project. Applicant shall obtain PWPrior to Construction Permit. 104. necessary permits or permission from the applicable issuance of property owners to construct improvements within said Grading/ off-site properties. Sitework Permit 23 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: The Applicant shall pay all applicable fees inPWPrior to Public Fees. 105. effect at the time of building permit issuance, including, Issuance of Works but not limited to: Planning fees; Building fees; Dublin Building San Ramon Services District fees; Public Facilities Permit fees; City of Dublin Fire fees; Noise Mitigation fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Applicant shall PWPrior to Public Zone 7 Impervious Surface Fees. 106. complete a “Zone 7 Impervious Surface Fee Issuance of Works Application” and submit an accompanying exhibit for Building review by the Public Works Department. Fees Permit generated by this application will be due at issuance of the Building Permit. The PWPrior to Public Geotechnical Report and Recommendations: 107. Applicant/Developer shall provide a site specific Issuance of Works geotechnical report prepared by a reputable Building geotechnical engineer. The Geotechnical Engineer Permit shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) Prior to issuance of any building permit, complete DSRSDIssuance of DSRSD 108. improvement plans shall be submitted to DSRSD that Building conform to the requirements of the Dublin San Ramon Permits Services District Code, the DSRSD “Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities”, all applicable DSRSD Master Plans and all DSRSD policies. All mains shall be sized to provide sufficient capacity DSRSDIssuance of DSRSD 109. to accommodate future flow demands in addition to Improvement each development project’s demand. Layout and Plans sizing of mains shall be in conformance with DSRSD utility master planning. Sewers shall be designed to operate by gravity flow to DSRSDIssuance of DSRSD 110. DSRSD’s existing sanitary sewer system. Pumping of Improvement sewage is discouraged and may only be allowed Plans under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. Domestic and fire protection waterline systems for DSRSDIssuance of DSRSD 111. Tracts or Commercial Developments shall be Improvement designed to be looped or interconnected to avoid dead Plans end sections in accordance with requirements of the 24 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: DSRSD Standard Specifications and sound engineering practice. There will be a large number of customers in the project and DSRSD wants to be sure they have a secure water supply. Thus, the water supply must be “looped” with the supply for the project coming from two separate connections to the potable main. DSRSD policy requires public water and sewer lines DSRSDIssuance of DSRSD 112. to be located in public streets rather than in off-street Improvement locations to the fullest extent possible. If unavoidable, Plans then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. Prior to approval by the City of a grading permit or a DSRSDIssuance of DSRSD 113. site development permit, the locations and widths of Improvement all proposed easement dedications for water and Plans sewer lines shall be submitted to and approved by DSRSD. All easement dedications for DSRSD facilities shall be DSRSDIssuance of DSRSD 114. by separate instrument irrevocably offered to DSRSD Improvement or by offer of dedication on the Final Map.Plans Prior to approval by the City for Recordation, the Final DSRSDIssuance of DSRSD 115. Map shall be submitted to and approved by DSRSD Improvement for easement locations, widths, and restrictions.Plans Prior to issuance by the City of any Building Permit or DSRSDIssuance of DSRSD 116. Construction Permit by the Dublin San Ramon Building Services District, whichever comes first, all utility Permits connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. No sewer line or waterline construction shall be DSRSDIssuance of DSRSD 117. permitted unless the proper utility construction permit Improvement has been issued by DSRSD. A construction permit Plans will only be issued after all of the items in the condition immediately above have been satisfied. Prior to issuance by the City of any Building Permit or DSRSDIssuance of DSRSD 118. Construction Permit by the Dublin San Ramon Building Services District, whichever comes first, all Permits improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer’s estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that 25 CONDITION TEXTRESPON. WHEN REQ’DSOURCE AGENCYPrior to: are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. The applicant shall hold DSRSD, its Board of DSRSDIssuance of DSRSD 119. Directors, commissions, employees, and agents of Building DSRSD harmless and indemnify and defend the same Permits from any litigation, claims, or fines resulting from the construction and completion of the project. Improvement plans shall include recycled water DSRSDIssuance of DSRSD 120. improvements as required by DSRSD. Services for Improvement landscape irrigation shall connect to recycled water Plans mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. A utility plan showing routing of improvements and DSRSDIssuance of DSRSD 121. demolition of existing utilities (if any). Zone 7 Turnout Improvement and DSRSD Fluoride Storage Facility shall be shown Plans on final plans. DSRSD has major water infrastructure in the area in DSRSDOngoingDSRSD 122. the form of pipelines going from DSRSD Turnout 4 to customers. Applicant shall ensure that the DSRSD infrastructure is not damaged or compromised during the construction of this project. DSRSD maintains radio communications links DSRSDOccupancy of DSRSD 123. between Turnout 4 and Pump Station 10A and first tenant Reservoir 10A for transmission of SCADA information. space Applicant plans will be reviewed to ensure the communications links will remain unbroken Applicant, DSRSD and City of Dublin will coordinate to be sure this DSRSD communications link will remain operative and reliable after construction. PARKS & COMMUNITY SERVICES PL, PCSBuilding Permit DMC . The Applicant/Developer shall comply Public Art 124. Issuance with the City’s Public Art Ordinance/requirements and shall prepare a Public Art Compliance Report identifying the method(s) to be utilized to meet the statue. th this 12 day of November 2013 by the following vote: PASSED, APPROVED AND ADOPTED AYES: O’Keefe, Bhuthimethee, Goel, Kohli NOES: ABSENT: Do : ABSTAIN ______________________________ Planning Commission Chair ATTEST: ____________________________ Assistant Community Development Director G:\PA#\2012\PLPA-2012-00031 Regency Center Site 16A GPA SPA PD S 26 RESOLUTION NO. 13-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN CERTIFYING A FINAL SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING ENVIRONMENTAL AND MITIGATION FINDINGS, FINDINGS REGARDING ALTERNATIVES, A STATEMENT OF OVERRIDING CONSIDERATIONS, AND A MITIGATION MONITORING AND REPORTING PROGRAM UNDER CEQA FOR THE VILLAGE AT DUBLIN RETAIL CENTER PLPA-2012-00031 WHEREAS, the Applicant,Regency Centers, has submitted a Planning Application to construct a retail commercial center of up to 167,200 square feet on a vacant 14.32-acre site at 5054 Hacienda Drive (“Project Site”). The proposal includes the approval of General Plan Amendments, Eastern Dublin Specific Plan Amendments, Zoning Ordinance Amendments, rezoning properties to a new Planned Development Zoning District and approval of a related Stage 1 and Stage 2 Development Plan, Site Development Review, Vesting Tentative Map, and certification of a Final Supplemental Environmental Impact Report, among other related actions. These planning and implementing actions are collectively known as “The Village at Dublin Retail Center Project” or the “Project.” The Project file is available for review during normal business hours as PLPA-2012-00031 at the Planning Division, Dublin City Hall, 100 Civic Plaza, Dublin, CA 94568; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, the Project Site is in Eastern Dublin for which the City adopted the Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH: 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereinafter “Eastern Dublin EIR” or “program EIR”), which is available for review in the Planning Division and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and areawide mitigation measures for developing Eastern Dublin, including the Project Site; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93, incorporated herein by reference), which mitigation measures and monitoring program continue to apply to development in Eastern Dublin, including the Project; and WHEREAS, the Eastern Dublin EIR also identified potentially significant environmental impacts that could not be avoided by mitigation and for which the City adopted a Statement of Overriding Considerations pursuant to CEQA (Resolution 53-93); and 1 WHEREAS, the City prepared an Initial Study dated January 2013 (“Initial Study”) for the Project consistent with Public Resources Code section 21166 and CEQA Guidelines sections 15162 and 15163 in order to determine if a supplement to the Eastern Dublin EIR was required under CEQA standards. The Initial Study determined that a supplement to the Eastern Dublin EIR would be prepared to address certain environmental impacts of the Project. The Initial Study also concluded that many of the environmental impacts of the Project were within the scope of the Eastern Dublin EIR and that the certified Eastern Dublin EIR adequately described and analyzed these impacts for CEQA purposes; and WHEREAS, the City circulated a Notice of Preparation dated January 2013 with the Initial Study to public agencies and interested parties for consultation on the scope of the Supplemental EIR. The City also conducted a public scoping meeting on January 28, 2013; and WHEREAS, the City prepared a Draft Supplemental Environmental Impact Report (SCH No. 2013012027) (“Draft SEIR”) dated July 2013 for the Project that reflected the City’s independent judgment and analysis of the potential environmental impacts of the Project. The Draft SEIR is incorporated herein by reference; and WHEREAS, the Draft SEIR was circulated for public review from July 30, 2013 to September 13, 2013 (45 days); and WHEREAS, the City received three comment letters from State, regional, and local agencies during the public review period. In accordance with the requirements of CEQA, the City prepared written responses to all the comments received during the public comment period. The City prepared a Final SEIR (that includes the Responses to Comments) dated October 2013 for the Project, which included an annotated copy of each comment letter identifying specific comments, responses to each specific comment, and clarifications and minor corrections to information presented in the Draft SEIR. The complete Village at Dublin SEIR incorporates the Draft SEIR and the Final SEIR together (hereinafter, “SEIR”) is attached as Exhibit A to this Resolution and is incorporated herein by reference. The responses to comments provide the City’s good faith, reasoned analysis of the environmental issues raised by the comments; and WHEREAS, the City carefully reviewed the comments and written responses and determined that the Final SEIR, including the clarifications and minor corrections to the Draft SEIR, do not constitute significant new information requiring recirculation of the Draft SEIR under the standards in CEQA Guidelines section 15088.5; and WHEREAS, a Staff Report dated November 12, 2013, incorporated herein by reference, described and analyzed the Project for the Planning Commission and contained information on the SEIR; and WHEREAS, the Planning Commission reviewed the Staff Report, the SEIR, including comments and responses, at a noticed public hearing on November 12, 2013, at which time all interested parties had the opportunity to be heard. Following the hearing and based on the record before it, the Planning Commission adopted Resolution 13-37 recommending certification of the SEIR and Resolutions 13-38, 13-39 and 13-40, recommending approval of the Project General Plan and Eastern Dublin Specific Plan amendments, the Planned Development Zoning District rezoning and related Stage 1 and Stage 2 Development Plan, Vesting Tentative Map, and Site Development Review, all of which resolutions are incorporated herein by reference and 2 available for review during normal business hours at the Planning Division in City Hall at 100 Civic Plaza, Dublin, CA 94568; and WHEREAS, a Staff Report dated December 3, 2013, incorporated herein by reference, described the SEIR and the Project for the City Council; and WHEREAS, the City Council reviewed the Staff Report, the certified Eastern Dublin EIR, and the SEIR at a noticed public hearing on December 3, 2013, at which time all interested parties had the opportunity to be heard; and WHEREAS, the SEIR identified several potentially significant impacts that will be reduced to a less than significant level with specified mitigation measures; therefore, approval of the Project will require adoption of findings on impacts and mitigations as set forth in attached Exhibit B; and WHEREAS, the SEIR identified significant and unavoidable environmental impacts of the Project; therefore, approval of the Project will require adoption of findings concerning mitigations as set forth in attached Exhibit B, findings concerning alternatives as set forth in attached Exhibit C, and a Statement of Overriding Considerations as set forth in attached Exhibit D; and WHEREAS, a Mitigation Monitoring and Reporting Program, as required by CEQA, is attached as Exhibit E; and WHEREAS, the SEIR reflects the City’s independent judgment and analysis on the potential for environmental impacts of the Project; and WHEREAS, the SEIR and all the documents relating to the Project are available for review in the City Planning Division at the Dublin City Hall, file PLPA-2012-00031, during normal business hours. The location and custodian of the SEIR and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, file PLPA-2012-00031. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby makes the following findings on the SEIR and the environmental review of the Project under CEQA: A. The foregoing recitals are true and correct and made a part of this resolution. B. The SEIR has been completed in compliance with CEQA, the CEQA Guidelines, and the City of Dublin Environmental Guidelines. C. The City Council has independently reviewed and considered the information contained in the SEIR, including the written comments received during the Draft SEIR review period and the oral and written comments received at the public hearing, prior to making its decision on the Project. D. The SEIR reflects the City’s independent judgment and analysis on the potential environmental impacts of the Project. The SEIR provides information to the decision- makers and the public on the environmental consequences of the Project. 3 E. The SEIR adequately describes the Project, its significant environmental impacts, mitigation measures, and a reasonable range of alternatives to the Project. BE IT FURTHER RESOLVED THAT the City Council of the City of Dublin, prior to the approval of the Project, certifies the SEIR, attached hereto as Exhibit A and incorporated herein by reference, as complete, adequate, and in compliance with CEQA, the CEQA Guidelines, and the City of Dublin Environmental Guidelines. BE IT FURTHER RESOLVED THAT that the City Council of the City of Dublin adopts the mitigation measures and impact and mitigation findings set forth in Exhibit B, the findings concerning alternatives and mitigation measures set forth in Exhibit C, the Statement of Overriding Considerations set forth in Exhibit D, and the Mitigation Monitoring and Reporting Program set forth in Exhibit E, all in compliance with CEQA. Exhibits B, C, D and E are hereby incorporated herein by reference. rd PASSED, APPROVED, AND ADOPTED this 3 day of December 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk G:\PA#\2012\PLPA-2012-00031 Regency Center Site 16A GPA SPA PD SDR\PC 11.12.2013\PC Att 5 - PC Reso FSEIR.docx 2201560.1 4 The Village @ Dublin Final Supplemental Environmental Impact Report SCH# 2013012027 Lead AgencyCity of Dublin Prepared byJerry Haag, Urban Planner October 2013 The Village at Dublin Final Supplemental EIR Page 1 City of Dublin October 2013 Table of Contents Introduction ................................................................................................................................2 Clarifications and Modifications to the DSEIR ........................................................................3 Summary of Draft SEIR Comment Letters ..............................................................................11 Annotated Comment Letters and Responses ..........................................................................12 Appendices Attachment A: Table 1.1 (Summary of Supplemental Environmental Impacts and Mitigations) ...................22 Attachment B: Wetland Delineation ................................................................................................................35 The Village at Dublin Final Supplemental EIR Page 2 City of Dublin October 2013 Introduction The Draft Supplemental Environmental Impact Report (Draft SEIR) was circulated for a 45- day public review period from July 30, 2013 through September 13, 2013, as assigned by the State of California Governor’s Office of Planning and Research State Clearinghouse and consistent with CEQA regulations. Copies of the document were distributed to state, regional, and local agencies, as well as organizations and individuals, for their review and comment. Draft SEIR circulation. Under the California Environmental Quality Act (CEQA) and implementing CEQA Guidelines, after completion of the Draft SEIR, lead agencies are required to consult with and obtain comments from public agencies and organizations having jurisdiction by law over elements of the project and to provide the general public with an opportunity to comment on the DSEIR. Lead agencies are also required to respond to substantive comments on environmental issues raised during the Draft SEIR review period. This “Response to Comments” document augments the Draft SEIR and, together with the Draft SEIR, comprise the Final Supplemental EIR (Final SEIR) for this project. This document contains all public comments received during the 45-day public review process regarding the Draft SEIR and responses to those comments. Included within the document is an annotated copy of each comment letter, identifying specific comments, followed by a response to that comment. The Final SEIR also contains clarifications and minor corrections to information presented in the Draft SEIR. In the course of preparing the responses to comments, the City generated new information as well as clarifications and modifications to the Draft SEIR. The City has carefully reviewed the responses in this document, especially any new information or clarifications and modifications to the Draft SEIR, against the recirculation standards of CEQA Guidelines section 15088.5. None of the new information, clarifications, or modifications in this document constitutes significant new information as defined in the Guidelines, such as new or substantially more severe significant impacts or different feasible alternatives or mitigations, therefore the City has determined that no recirculation is required. Project summary. The proposed project would involve constructing a retail commercial center on the site that would include up to 167,200 gross square feet of floor area and are envisioned to include a specialty grocery store, two “soft goods” retail stores, restaurant space and related retail space. Future buildings would be constructed generally parallel with Dublin Boulevard with limited surface parking north of the buildings and the majority of parking located south of the buildings. Small freestanding buildings could also be constructed just north of Martinelli Way at the perimeter of the site and along the main entry drive. The project would also include grading of the site and extension of nearby utility lines to serve proposed uses. The Village at Dublin Final Supplemental EIR Page 3 City of Dublin October 2013 Clarifications and Modifications to the DSEIR The following clarifications and modifications to the Draft SEIR are incorporated by reference into the Draft SEIR document. Deletions to Draft SEIR text are shown in strikethrough text and additions are shown in underlined text. 1. Table 1.1 (Summary of Supplemental Environmental Impacts and Mitigations) is changed to more accurately reflect the actual text of the Mitigation Measure to be implemented and to clarify the responsibility of the Applicant/Developer to meet the requirements of the Mitigation Measure. Table 1.1 is reprinted in its entirety and is included as Attachment A to this Response to Comments. 2. Page 40 of the Draft SEIR, MTS Aerial and Roadway Segments of Significance is changed to read as follows: MTS Arterial and Freeway Segments. The Alameda County Transportation Commission’s (ACTC) 2011 Congestion Management Program (CMP) requires analysis of Metropolitan Transportation System (MTS) roadway and transit systems if a project generates 100 or more PM peak hour trips. The 2011 CMP also requires a traffic impact analysis that includes use of the Alameda Countywide Transportation Demand Model (ACTDM) for analyzing 2020 and 2035 traffic conditions. The MTS roadway system in the vicinity of the project includes I-580, I-680, Dublin Boulevard, Dougherty Road, Tassajara Road, Hopyard Road, and Santa Rita Road. The LOS standard for CMA analysis of roadway segments is LOS E, as determined by the Dublin City Engineer. An impact would be considered significant when the project traffic cause an MTS network segment (roadway segment, freeway segment, or freeway ramp) to fall from an acceptable LOS E (LOS E, V/C ratio of 0.99 or better) to LOS F; roadway segment, freeway segment, or freeway ramp v/c ratio of 0.99 or less) in the No Project case to an unacceptable LOS F (v/c of 1.00 or more); or, if a segment is already operating at LOS F in the No Project case, the v/c ratio increases by more than 0.02 (for example, from 1.03 to 1.06). 3. Page 51, fourth paragraph, is changed to read as follows: Because widening of Dublin Boulevard might not be is not desirable or feasible due to right-of-way constraints, impacts to pedestrian crossing distance that would increase due to the street widening, and potential operational issues with the very large intersection dimensions that would result, this impact would remain Significant and Unavoidable. 4. Page 52, second paragraph from the bottom, is changed to read as follows: The required mitigation measure for this impact is identified in the City’s Transportation Impact Fee (TIF) program as part of the widening of Dublin Boulevard to six through lanes at this location, which would provide the third eastbound through lane. Because this impact is caused by the short-term future land use growth in the region as well as the proposed project, and the required The Village at Dublin Final Supplemental EIR Page 4 City of Dublin October 2013 improvement is included in the TIF program, the mitigation for this impact is for the project developer to make a fair share monetary contribution towards these improvements to pay the TIF fees due on the project The timing for payment of TIF fees is prior to the issuance of the first building permit. 5. Page 61, third paragraph, is changed to read as follows: Because widening of Dublin Boulevard for this mitigation is not desirable or might not be feasible due to right-of-way constraints, impacts to pedestrian crossing distance that would increase due to the street widening, and potential operational issues with the very large intersection dimensions that would result, this impact would remain Significant and Unavoidable. 6. Page 64, SM-TR-7, is changed to read as follows: Supplemental Mitigation Measure SM-TR-7 (long-term cumulative impacts at the Dublin Blvd./Iron Horse Pkwy. intersection). At the intersection of Dublin Boulevard and Iron Horse Parkway, the necessary mitigation measure is to add a second northbound left turn lane, resulting in two left turn lanes and a shared through-right lane on the northbound approach. Both northbound left turn lanes on Iron Horse Parkway would need to be 400 feet long. This improvement would require the removal of parking on the east side of Iron Horse Parkway, traffic signal modifications, and changing the travel lane configuration and alignment to create one 16-foot wide southbound receiving lane on Iron Horse Parkway, two 10-foot wide northbound left turn lanes on Iron Horse Parkway; and one 14-foot wide northbound shared through-right turn lane. 7. Page 67, second full paragraph, is changed to read as follows: Because widening of Dublin Boulevard for this mitigation might not be is not desirable or feasible due to right-of-way constraints and potential impacts to pedestrian and bicycle circulation, this impact would remain Significant and Unavoidable. 8. Page 71, first full paragraph, is changed to read as follows: The required mitigation measure for this impact is identified in the City’s Transportation Impact Fee (TIF) program. Because this impact is caused by future land use growth in the region as well as the proposed project, and is included in the TIF program, the mitigation for this impact is for the Applicant/Developer to pay TIF fees at the issuance of the first building permit. to make a fair share monetary contribution toward these improvements. The timing of payment of TIF fees shall be at issuance of the first building permit. 9. Page 84, SM-TR-19 is changed to read as follows: The Village at Dublin Final Supplemental EIR Page 5 City of Dublin October 2013 Supplemental Mitigation Measure SM-TR-19 (long-term cumulative roadway segment impact at the Dublin Blvd. between Dougherty Rd. and Tassajara Rd.). The potential mitigation measures for these arterial segment impacts would require widening Dublin Boulevard in both directions. Such measure could reduce the impact to less than significant. However, widening of Dublin Boulevard for this mitigation might not be is not desirable or feasible due to right-of-way constraints and potential operational issues with the very large intersection dimensions that would result. 10. Pages 92 and 93, paragraph than spans both pages, is changed to read as follows: Bicycle and Pedestrian Circulation. In the vicinity of the project site, there are Class II bike lanes on both sides of Dublin Boulevard, Hacienda Drive, Central Parkway, and Arnold Road north of Dublin Boulevard, and on the west side of Arnold Road between Dublin Boulevard and Martinelli Way. In addition to these existing bike lanes, according to the City of Dublin Bikeways Master Plan1, Class II bike lanes on both sides of Arnold are planned to extend from Dublin Boulevard all the way to the Dublin/Pleasanton BART station on the south, where the bicyclists could continue to take the planned Class II bike lane on both sides of Iron Horse Parkway and/or DeMarcus Boulevard, or the Class I bike path “Iron Horse Trail.” In addition, Class II bike lanes, with a minimum width of 5 feet and preferably 6 feet, are planned on both sides of Martinelli Way between Hacienda Drive and Iron Horse Parkway, In addition, a Class I multi-use trail, with a minimum width of 10 feet, is planned on both sides of Martinelli Way between Hacienda Drive and Iron Horse Parkway, immediately south of the proposed project site. Although the preliminary project site plan does not show the planned additional bike lane on the east side of Arnold Road along the project frontage or the bike lane on either side of Martinelli Way between Hacienda Drive and Arnold Road, the project will be required to provide for those improvements Conditions of Approval have been written and will be applied to the project to provide for those improvements. 11. Page 112, paragraph describing the East Alameda County Conservation Strategy (EACCS), will be changed to read as follows: East Alameda County Conservation Strategy (EACCS). The project site is located in Alameda County and although. As a private development project, it The Village at Dublin is technically not subject to compliance with the EACCS guidance. However, permitting agencies will utilize the guidance and policies contained in the EACCS to analyze the project. Conservation goals and objectives are described in Chapter 3 of the Final EACCS. There are multiple objectives listed in the Conservation Strategy; here are some objectives that apply directly to the Project Area: 1 City of Dublin Bikeways Master Plan, Fehr and Peers, June 2007.  The Village at Dublin Final Supplemental EIR Page 6 City of Dublin October 2013 12. After the publishing the Draft SEIR, a wetland delineation (approved by the Army Corps of Engineers) was submitted by the Applicant. Page 114, SM-BIO-1, will be changed to read as follows: Supplemental Mitigation Measure SM-BIO-1 (wetland and other waters). If avoidance of these jurisdictional waters on the site is not feasible, suitable compensatory mitigation shall be provided based on the concept of no net loss of wetland habitat values or acreages. In such an eventuality, a wetland mitigation plan shall be developed and implemented that includes creation, restoration, and/or enhancement of off-site wetlands prior to project ground disturbance. Mitigation areas shall be established in perpetuity through dedication of a conservation easement (or similar mechanism) to an approved environmental organization and payment of an endowment for the long-term management of the site. If wetlands are determined to be jurisdictional under Section 404 of the Clean Water Act, The mitigation plan is subject to the review and approval of the Corps and Regional Water Quality Control Board (RWQCB). If the potential seasonal wetlands are non-jurisdictional, the mitigation plan will be subject to the review and approval of the RWQCB. 13. Page 115, SM-BIO-2, will be changed to read as follows: Supplemental Mitigation Measure SM-BIO-2: Focused surveys for special- status plants shall be conducted on the site according to the California Fish & Wildlife Service (2009) Protocols for Surveying and Evaluating Impacts to Special Status Plant Populations and Natural Communities. Plant surveys shall be conducted throughout the blooming period of those species for which suitable habitat is present. Two or three separate surveys may be required to cover the blooming period of the plants in Table 4.4-1. If populations/stands of a special- status species are identified during the surveys and impacts are unavoidable, compensatory mitigation shall be provided, such as the acquisition of off-site mitigation areas presently supporting the species in question, or purchase of credits in a mitigation bank that is approved to sell credits for the affected species, or payment of in-lieu fees to a public agency or conservation organization for the preservation and management of existing populations. The location of mitigation sites shall be determined in consultation with, and subject to approval of, US Fish and Wildlife Service and/or California Department of Fish & Wildlife Service. In the cases where the special-status plant species is neither federal- nor state-listed, the lead agency shall approve the mitigation approach for the given species using guidance provided in the East Alameda County Conservation Strategy and in consultation with the City’s consulting biologist. Off-site compensatory mitigation shall be acquired at a minimum acreage ratio of 1:1 (acquired:impacted). For either off-site mitigation options, measures shall be implemented (including contingency measures) providing for the long-term protection of the species. 14. Page 116, SM-BIO-3, will be changed to read as follows: The Village at Dublin Final Supplemental EIR Page 7 City of Dublin October 2013 Supplemental Mitigation Measure SM-BIO-3: Preconstruction surveys shall be conducted for burrowing owls prior to grading or construction activities. These surveys should conform to the survey protocol established in the Staff Report on Burrowing Owl Mitigation (CDFW 2012b) and the Conservation Strategy (ICF 2010). The Conservation Strategy depicts the project site as being located in Conservation Zone 2, which supports 11 percent of the Conservation Strategy’s study area’s unprotected potential habitat for burrowing owl). Burrowing owls could nest or winter in the site’s approximate 13 acres of ruderal/disturbed non- native grassland habitat and within the suitable grassland habitat adjacent to the site. The following measures are consistent with the provisions of the Migratory Bird Treaty Act and the California Department of Fish & Wildlife standards: a) No more than 14 days prior to any ground disturbing activities, a qualified biologist shall conduct a take avoidance survey for burrowing owls. If no owls are found during this first survey, a final survey will be conducted within 48 hours prior to ground disturbance to confirm that burrowing owls are still absent. If ground disturbing activities are delayed or suspended for more than 14 days after the initial take avoidance survey, the site shall be resurveyed (including the final survey within 48 hours of disturbance). All surveys shall be conducted in accordance with California Department of Fish & Wildlife guidelines. b) If burrowing owls are found on the site during the surveys, mitigation shall be implemented in accordance with applicable California Department of Fish & Wildlife and other applicable standards, including Conservation Strategy ICF 2010. More specifically, if the surveys identify breeding or wintering burrowing owls on or adjacent to the site, occupied burrows cannot be disturbed and shall be provided with protective buffers. Where avoidance is not feasible during the non-breeding season, a site-specific exclusion plan (i.e., a plan that considers the type and extent of the proposed activity, the duration and timing of the activity, the sensitivity and habituation of the owls, and the dissimilarity of the proposed activity with background activities) shall be implemented to encourage owls to move away from the work area prior to construction and to minimize the potential to affect the reproductive success of the owls. The exclusion plan shall be subject to California Fish & Wildlife approval and monitoring requirements. Compensatory mitigation could also be required either by California Fish & Wildlife as part of the approval of an exclusion plan. Mitigation may include the permanent protection of habitat at a nearby off-site location acceptable to the California Dept. of Fish & Wildlife. 15. Page 146, Supplemental Project Impact AQ-1, is renumbered as follows: Supplemental Project Impact AQ-12 (emission of cumulative considerable air pollutants during project operation). The project would result in a cumulatively considerable net increase of criteria pollutants for which the project region is non-attainment under applicable Federal or State ambient air quality standards The Village at Dublin Final Supplemental EIR Page 8 City of Dublin October 2013 (including releasing emissions which exceed quantitative thresholds for ozone precursors) 16. Pages 146-147, SM-AQ-2, is revised to have language consistent with the TDM mitigation measure identified in SM-TR-1, and is changed to read as follows: Supplemental Mitigation Measure SM-AQ-2 (emission of cumulative considerable air pollutants during project operation). The project applicant shall work with the City to develop key elements of a Transportation Demand Management (TDM) plan, which shall be prepared by the Developer and approved by the City prior to the issuance of the first building permit. The TDM plan should include, but not be limited to, the following measures: a. Appoint Commute Coordinator (coordinates information distribution). b. Promote and distribute hard copy information quarterly to all employees regarding 511, Ridematch, Guaranteed Ride Home Program, Wheels/LAVTA, shuttles to regional transit, and any existing City CarShare programs. c. Distribute information quarterly regarding above by email blast to all employees. d. Co-sponsor subarea transportation fair once a year with “The Green” property to the south. Invite Wheels, 511.org, and at least two other commute alternative service providers to attend and distribute commute alternative information. Provide refreshments to participants. e. Provide bicycle parking facilities for 10% of car spaces or a number approved by the City. f. Provide secured bicycle parking (lockers or cages) for employees. g. Join City Car Share as a “Biz Prime” member and pay for membership of a minimum of 5% employees. h. Implement a BART subsidy program that would provide BART tickets at no cost or subsidized rate to all employees. i. Implement a Commuter Tax Benefit Program or equivalent. Under Section 132(F) of federal tax code, an employer can offer its employees up to $230 per month for qualified transit, vanpool or parking costs. Or, an employer may offer $20 per month for bicycling costs. Full information is available at: http://rideshare.511.org/rewards/tax_benefits.aspx j. Provide preferential parking for carpools and vanpools as part of off-street parking requirements. The City shall require the following additional measures to reduce overall vehicle- related emissions: k. Provide shading in the parking lot, to the maximum extent possible, to reduce evaporative ROG emissions; and l. Provide appropriate electrical outlets and signage to reduce truck idling and use of mobile refrigeration units that are powered by diesel fuel. The project applicant shall reduce future employee trips by 25 percent through a Traffic Demand Management (TDM) program approved by the City and including, but not limited to, the following measures: The Village at Dublin Final Supplemental EIR Page 9 City of Dublin October 2013 a, Appoint a Commute Coordinator; b. Promote and distribute hard copy information quarterly to all employees on 511.org; c. Provide rideshare programs, such as Ridematch, Guaranteed Ride Home, Wheels/LAVTA, shuttles to regional transit, and City CarShare; d. Promote and distribute information on implemented measures by quarterly email blast by project sponsor or Commute Coordinator designee; e. Co-sponsor subarea transportation fair once a year with Kent Property. Invite Wheels, 511.org, and at least two other commute alternative service providers to attend, and distribute commute alternative information; f. Provide bicycle parking facilities for 20 percent of car spaces or a number approved by the City; g. Provide secure bicycle parking (lockers or cages) for employees; h. Join City CarShare as a “Biz Prime” member and pay for membership of a minimum of 5 percent of employees; i. Implement a BART subsidy program that would provide BART tickets at no cost or a subsidized rate to all employees; j. Implement a Commuter Tax Benefit Program (e.g., WageWorks) or equivalent; k. Provide preferential parking for carpools and vanpools as part of off-street parking requirements. 17. Page 148, Supplemental Project Impact AQ-2, and the paragraph immediately following it, is renumbered as follows: Supplemental Project Impact AQ-23 (violation of air quality standards). The project would result in a violation of regional air quality standard and would contribute substantially to an existing or projected air quality violation. Adherence to Supplemental Mitigation Measure SM-AQ-2 would partially, but not fully, mitigate the above impact and Supplemental Impact AQ-23 will remain significant and unavoidable. 18. Page 152, Supplemental Project Impact AQ-3, is renumbered as follows: Supplemental Project Impact AQ-34 (conflict with applicable clean air plan). The project would conflict with the regional Clean Air Plan. 19. Page 159, Supplemental Project Impact AQ-4, is renumbered as follows: Supplemental Impact AQ-45 (project generation of greenhouse gas emissions). The project would generate greenhouse gas emissions, both directly and indirectly, that would have a significant impact on the environment and would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases The Village at Dublin Final Supplemental EIR Page 10 City of Dublin October 2013 20. Page 160, SM-AQ-3, is renumbered as follows: Supplemental Mitigation Measure SM-AQ-35 (project generation of greenhouse gas emissions). The final design of the project shall include all requirements of the City Climate Action Plan, including policies A.1.4, A.1.5, A.1.8, A.1.9, A.3.4, and A.3.6. In addition, the project proponent is encouraged to participate in subsidy programs such as Climate Action Plan polices A.2.4 and A.3.5. 21. Page 166, first bullet point, is deleted. There was no Urban Decay Impact identified in the Draft SEIR. • Land Use, Planning and Urban Decay: Land use within the project area would remain as it currently exists and there would be no impacts related to urban decay of existing shopping centers in the Dublin market area. 22. A Wetland Delineation for the site, as approved by the Army Corps of Engineers (dated June 14, 2013) was submitted by the Project Applicant after the publication of the Draft SEIR. The Wetland Delineation is included as Attachment B to this Response to Comments. The Village at Dublin Final Supplemental EIR Page 11 City of Dublin October 2013 Summary of Draft SEIR Comment Letters Comment letters were received by the City of Dublin during the public comment period on the Draft SEIR from the following agencies, organizations and other interested parties. Commenter Date Federal Agencies None State Agencies 1.1 Department of Transportation (Caltrans) 9/12/13 Local Agencies 2.1 Dublin San Ramon Services District (DSRSD) 9/9/13 2.2 Alameda County Transportation Commission (ACTC) 9/18/13 Interested Persons/Organizations None The Village at Dublin Final Supplemental EIR Page 12 City of Dublin October 2013 Annotated Comment Letters and Responses The Village at Dublin Final Supplemental EIR Page 18 City of Dublin October 2013 Letter 1.1: Department of Transportation (Caltrans) • Comment 1.1.1: The commenter requests clarification regarding project trip generation, specifically a perceived discrepancy between Table 4.2-2 and Exhibit 4.2-3, which appears to show differing a.m. and p.m. peak hour trips to and from the project site. Response: Table 4.2-2 contained in the DSEIR shows all net additional project- generated trips, which are assigned among all of the project driveways, while Exhibit 4.2-3 only shows the project trips using the two signalized project driveway intersections that are included as study intersections (#9, #23). Per the preliminary site plan that the DSEIR is based on, there are also several right-in/right-out driveways along Dublin Boulevard, Martinelli Way, Arnold Road and Hacienda Drive in addition to the two full access project driveway intersections shown in Exhibit 4.2-3. The project trips not accounted for at the driveways shown on the Exhibit are expected to use these other driveways. The volumes at the other study intersections as shown on the Exhibit fully account for all net additional project- generated trips. • Comment 1.1.2: The commenter states an inability to review MTS Roadway and Freeway Levels of Service for Short-Term Cumulative Conditions and Long-Term Cumulative Conditions. The commenter requests this information. Response: The information requested by the commenter is not required for traffic analyses prepared pursuant to Alameda County Transportation Commission (ACTC) requirements; therefore, existing condition information was not colledted as part of this study for MTS roadways or freeways. The DSEIR includes appropriate tables that clearly show project impacts under Cumulative Plus Project Conditions. • Comment 1.1.3: The commenter requests clarification regarding DSEIR information as to why some intersections analyzed in the document would improve over time without mitigation. The commenter cites study intersection #4 where delay under Existing Conditions during the a.m. peak is 46.9 seconds but would improve to 23.7 seconds under Short-Term Cumulative conditions Response: The decrease in delay of intersections under future conditions would be reduced due to existing roadway improvements that are planned by the City of Dublin and funded by transportation impact fees. The model results reflect not only changes in the land uses, but also changes to the street network over time. The reason some of the impacts are lower in future years is due to the fact that some of the improvements to the street network are expected to come on-line between by 2020. Therefore, the analysis shows redistribution of traffic due to these anticipated changes. Please refer to pages 53 to 54 of the DSEIR for detailed description of street network changes. • Comment 1.1.4: The commenter requests that the perceived discrepancy between the LOS and Volume-to-Capacity for MTS Roadways and Freeway Levels of Service and Routes of Regional of Significance be clarified. The Village at Dublin Final Supplemental EIR Page 19 City of Dublin October 2013 Response: For the MTS Roadways analysis, per the requirements of the Alameda County Congestion Management Program (CMP), the Alameda Countywide Transportation Demand Model (ACTDM) was used to obtain the baseline and with project volumes as well as the link capacities. The V/C ratios were calculated using the link volumes and capacities obtained from the ACTDM model, and the LOS results were determined by the V/C ratios. For the Route of Regional Significance analysis, the segment volumes are estimated based on the closest intersection turning movement volumes, and the link capacities are taken from the City of Dublin Travel Demand Model (CDTDM). For the intersection turning movement volumes, the baseline volumes are the same volumes as used in the Dublin Crossings Specific Plan DEIR, and, the volumes for with project scenarios are based on the methodology of directly overlaying the project trips onto the baseline conditions. The V/C ratio increases with the addition of project trips based on this methodology are expected to be the same or higher than those based on the comparison of the direct ACTDM travel demand model run results for baseline and with project scenarios. This is because when running the regional travel demand model with the project added, the model may reassign some of the baseline trips to other less congested routes instead of a route where project trips increase congestion. In addition, , the LOS results for the Route of Regional Significance analysis are based on the 2000 HCM Arterial Level of Service methodology • Comment 1.1.5: The commenter requests clarification regarding why the roadway capacity for Tassajara Road between Dublin Blvd. and I-580 is identified as 4,200 vehicles on Table 4.2-13 and 3,150 vehicles on Table 4.2-15. Response: As explained in Response 1.1.4, for MTS Roadway analysis, per the requirements of the Alameda County Congestion Management Program (CMP), the Alameda Countywide Transportation Demand Model (ACTDM) was used to obtain the link capacities. For the Route of Regional Significance analysis, the City of Dublin Travel Demand Model (CDTDM) was used to obtain the link capacities. There are differences in land use assumptions in the two models, and the use of each is specified by the respective responsible agencies. • Comment 1.1.6: The commenter requests information on freeway mainline segments LOS thresholds. Response: The commenter is directed to page 40 of the DSEIR that provides standards for freeway segments. This standard has been modified based on comments provided by the Alameda County Transportation Commission (see Comment 2.2 and the Changes and Modifications section of this DSEIR) The Village at Dublin Final Supplemental EIR Page 20 City of Dublin October 2013 Letter 2.1: Dublin San Ramon Services District (DSRSD) • Comment 2.1: The commenter notes that the Draft SEIR does not address Utilities or Service Systems and the District has no comment. Response: No response is required to the above comment. Letter 2.2: Alameda County Transportation Commission (ACTC) • Comment 2.2.1: The commenter notes that the Level of Service (LOS) for CMA analysis of roadways is LOS E. This comment is not correct, since the ACTC only uses LOS E to determine deficiencies and is not a threshold of significance. Response: Comment noted and the respective change has been made in the EIR. The EIR recognizes that the Alameda CTC does not have a policy for determining a threshold of significance for CMP requirements and expects that professional judgment will be used to determine project impacts. Therefore, for the purpose of this traffic analysis, the Dublin City Engineer, on the basis of engineering judgment, has determined LOS E as the threshold of significance for the CMP land use analysis. If a segment operates at an unacceptable LOS without the project, the impact of the project is considered significant if the contribution of project traffic results in an increase in the volume-to-capacity ratio of at least 0.02. This threshold is consistent with prior traffic impact analyses in the City of Dublin. • Comment 2.2.2: The commenter notes that the project is situated in an opportune location for multi-modal transportation circulation. Several mitigation measures should consider the secondary impacts to all road users. A Mitigation Measure on pages 62 and 63 of the DSEIR proposes to remove a crosswalk across Dublin Boulevard if a proposed grade separated bicycle and pedestrian bridge cannot be built. The commenter notes this is a critical pedestrian junction in the vicinity of the Dublin Pleasanton BART station and opportunities for maintaining the crosswalk should be considered if the bridge is not feasible. Response: The City is pursuing multiple sources of funding to conduct a feasibility analysis of the Iron Horse Trail connectivity from Dougherty Road to the (East) Dublin/Pleasanton BART station. It is recognized that a grade-separated crossing in this location could significantly enhance bike and pedestrian access to and from the project area and beyond. To support this project, the developer of the Dublin Crossing project is contributing $50,000 towards the feasibility analysis, and the City is seeking additional funding from ACTC's own Sustainable Communities Technical Assistance Program. It is the City's full intent to pursue a grade-separated crossing at this location, and at this time the alternative mitigation measure of removing a portion of the crosswalk across Dublin Boulevard will remain in the SEIR. The Village at Dublin Final Supplemental EIR Page 21 City of Dublin October 2013 • Comment 2.2.3: On page 68, the DSEIR proposes the widening of Dublin Boulevard to add a fourth eastbound through lane at the Dublin Blvd./Tassajara Rd. intersection. Opportunities for increased transit, bicycle and pedestrian activity should be considered at this location. Response: Design of the intersection improvements will be reviewed for consistency with the City's Bikeways Master Plan and reviewed for consistency with the City's Complete Streets Policy (adopted by the City Council in December 2012). The City will also coordinate improvements with LAVTA to ensure adequate accommodation of public transit at this location. • Comment 2.2.4: The commenter notes that the DSEIR proposes a suite of mitigation measures for impacts at several intersections (pages 67 and 71). The DSEIR should consider whether TDM measures could be appropriate for all locations rather than a few locations where it has been determined there is insufficient right-of-way to add additional turn pockets. Response: To encourage the use of alternatives modes of transportation, several TDM measures have been proposed that would improve overall traffic operations along key arterial streets that would serve the project. However, on the basis of TDM literature available to the City, it is difficult to predict the mitigation of project impacts through TDM measures alone. It is expected that the TDM measures may relieve some of the congestion at nearby intersections where physical improvements are not feasible due to right-of-way constraints, but would not be able to fully mitigate impacts identified in the DSEIR. • Comment 2.2.5: The DSEIR should consider opportunities to implement the proposed segment of the bike lane from the Alameda Countywide Bike Plan on Dublin Boulevard to the east of Tassajara Road. This segment could complete a route for residents of the Town Center PDA who wish to access destinations to the west. This improvement could serve to mitigate some of the impacts along Dublin Boulevard identified in the DSEIR. Response: The City of Dublin has a Bikeways Master Plan, adopted in 2006, that includes the development of an integrated bicycle circulation system throughout the community. This plan is consulted whenever street improvements are proposed and/or mitigation measures are considered for the installation of bicycle facilities. The City’s Bikeways Master Plan is consistent with the Alameda Countywide Bike Plan, which addresses only major arterials in Dublin. The City’s Bikeways Master Plan illustrates the existing and future bicycle network on arterials, collectors, and residential streets throughout the City. Mitigation Measure TR-2 of this SEIR identifies improvements to the intersection of Dublin Boulevard and Tassajara Road. At the time this roadway improvement is constructed, bicycle facilities, as identified in the City’s Bikeways Master Plan, will be constructed. The Village at Dublin Final Supplemental EIR Page 22 City of Dublin October 2013 ATTACHMENT A: Table 1.1 (Summary of Supplemental Environmental Impacts and Mitigations) Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 2 3 Ci t y o f D u b l i n October 2013 Im p a c t T o p i c / S u p p l e m e n t a l Im p a c t Su p p l e m e n t a l M i t i g a t i o n M e a s u r e N e t S u p p l e m e n t a l Im p a c t A f t e r M i t i g a t i o n TR - 1 Tr a f f i c . U n d e r t h e S h o r t - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d D o u g h e r t y Ro a d w o u l d o p e r a t e a t L O S D d u r i n g t h e p . m . p e a k h o u r . Th e a d d i t i o n o f p r o j e c t t r a f f i c wo u l d d e g r a d e t h e in t e r s e c t i o n L O S t o un a c c e p t a b l e L O S E . SM - T R - 1 : T h e p r o j e c t a p p l i c a n t s h a l l w o r k w i t h t h e C i t y t o d e v e l o p k e y e l e m e n t s o f a Tr a n s p o r t a t i o n D e m a n d M a n a g e m e n t ( T D M ) p l a n , w h i c h s h a l l b e p r e p a r e d b y t h e D e v e l o p e r an d a p p r o v e d b y t h e C i t y p r i o r t o t h e i s s u a n ce o f t h e f i r s t b u i l d i n g p e r m i t . T h e T D M p l a n sh o u l d i n c l u d e , b u t n o t b e l i m i t e d t o , t h e f o l l o w i n g m e a s u r e s : m. Ap p o i n t C o m m u t e C o o r d i n a t o r ( c o o r d i n a t e s i n f o r m a t i o n d i s t r i b u t i o n ) . n. Pr o m o t e a n d d i s t r i b u t e h a r d c o p y i n f o r m a t i o n q u a r t e r l y t o a l l e m p l o y e e s r e g a r d i n g 5 1 1 , Ri d e m a t c h , G u a r a n t e e d R i d e H o m e P r o g r a m , Wh e e l s / L A V T A , s h u t t l e s t o r e g i o n a l t r a n s i t , an d a n y e x i s t i n g C i t y C a r S h a r e p r o g r a m s . o. Di s t r i b u t e i n f o r m a t i o n q u a r t e r l y r e g a r d i n g a b o v e b y e m a i l b l a s t t o a l l e m p l o y e e s . p. Co - s p o n s o r s u b a r e a t r a n s p o r t a t i o n f a i r o n c e a y e a r w i t h “ T h e G r e e n ” p r o p e r t y t o t h e s o u t h . In v i t e W h e e l s , 5 1 1 . o r g , a n d a t l e a s t t w o o t h e r c o m m u t e a l t e r n a t i v e s e r v i c e p r o v i d e r s t o at t e n d a n d d i s t r i b u t e c o m m u t e a l t e r n a t i v e i n f o r m a t i o n . P r o v i d e r e f r e s h m e n t s t o pa r t i c i p a n t s . q. Pr o v i d e b i c y c l e p a r k i n g f a c i l i t i e s f o r 1 0 % o f c a r s p a c e s o r a n u m b e r a p pr o v e d b y t h e C i t y . r. Pr o v i d e s e c u r e d b i c y c l e p a r k i n g ( l o c k e r s o r c a g e s ) f o r e m p l o y e e s . s. Jo i n C i t y C a r S h a r e a s a “ B i z P r i m e ” m e m b e r a n d p a y f o r m e m b e r s h i p o f a m i n i m u m o f 5% e m p l o y e e s . t. Im p l e m e n t a B A R T s u b s i d y p r o g r a m t h a t w o u l d p r o v i d e B A R T t i c k e t s a t n o c o s t o r su b s i d i z e d r a t e t o a l l e m p l o y e e s . u. Im p l e m e n t a C o m m u t e r T a x B e n e f i t P r o g r a m o r e q u i v a l e n t . U n d e r S e c t i o n 1 3 2 ( F ) o f fe d e r a l t a x c o d e , a n e m p l o y e r c a n o f f e r i t s e m p l o y e e s u p t o $ 2 3 0 p e r m o n t h f o r q u a l i f i e d tr a n s i t , v a n p o o l o r p a r k i n g c o s t s . O r , a n e m p l o y e r m a y o f f e r $ 2 0 p e r m o n t h f o r b i c y c l i n g co s t s . F u l l i n f o r m a t i o n i s a v a i l a b l e a t : h t t p :/ / r i d e s h a r e . 5 1 1 . o r g / r e w a r ds / t a x _ b e n e f i t s . a s p x v. Pr o v i d e p r e f e r e n t i a l p a r k i n g f o r c a r p o o l s a n d v a n p o o l s a s p a r t o f o f f - s t r e e t p a r k i n g re q u i r e m e n t s . At t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d D o u g h e r t y R o a d , t h e m i t i g a t i o n t o p r o v i d e ac c e p t a b l e L O S D o p e r a t i o n s w o u l d r e q u i r e r e - s tr i p i n g t h e e a s t b o u n d a p p r o a c h o n D u b l i n Bo u l e v a r d f r o m t w o l e f t t u r n l a n e s , t h r e e t h r o u g h l a n e s a n d t w o r i g h t t u r n l a n e s , t o t w o l e f t tu r n l a n e s , f o u r t h r o u g h l a n e s a n d o n e r i g h t t u r n l a n e . O n e ad d i t i o n a l 1 5 0 - f o o t - l o n g r e c e i v i n g la n e w i t h 6 0 0 - f o o t - l o n g t a p e r w o u l d n e e d t o b e a d d e d o n t h e e a s t l e g o f t h e i n t e r s e c t i o n o n ea s t b o u n d D u b l i n B o u l e v ar d a c c o r d i n g l y , w h i c h w o u l d r e q u i r e w i d e n i n g D u b l i n B o u l e v a r d by a p p r o x i m a t e l y 1 2 f e e t f o r 7 5 0 f e e t e a s t o f t h e i n t e r s e c t i o n a l o n g t h e s o u t h s i d e o f D u b l i n Bo u l e v a r d . I t w o u l d a l s o r e q u i r e r e l o c a t i o n o f t h e s i d e w a l k a n d t h e b i k e l a n e a l o n g t h e s o u t h si d e o f D u b l i n B o u l e v a r d , a s w e l l a s t h e t r a f f i c s i g n a l / l i g h t i n g p o l e s a t t h e s o u t h e a s t c o r n e r o f th e i n t e r s e c t i o n . I n a d d i t i o n , i t w o u l d r e q u i r e r e a l i g n m e n t o f t r a v e l l a n e s t h r o u g h t h e in t e r s e c t i o n . Significant and unavoidable TR - 2 Tr a f f i c . U n d e r t h e S h o r t - Te r m C u m u l a t i v e C o n d i t i o n s , SM - T R - 2 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d T a s s a j a r a R o a d , t h e m i t i g a t i o n me a s u r e r e q u i r e d t o r e d u c e a v e r a g e d e l a y t o n o gr e a t e r t h a n c o n d i t i o n s w i t h o u t t h e p r o j e c t i s Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 2 4 Ci t y o f D u b l i n October 2013 th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d T a s s a j a r a Ro a d w o u l d o p e r a t e a t un a c c e p t a b l e L O S E d u r i n g th e p . m . p e a k h o u r . I n ad d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g th e p . m . p e a k h o u r . to a d d a t h i r d e a s t b o u n d t h r o u g h l a n e o n D ub l i n B o u l e v a r d . O n e a d d i t i o n a l 2 0 0 - f o o t - l o n g re c e i v i n g l a n e w i t h 6 0 0 - f o o t - l o n g t a p e r w o u l d n e e d t o b e a d d e d o n t h e e a s t l e g o f t h e in t e r s e c t i o n o n e a s t b o u n d D u b l i n B o u l e v a r d ac c o r d i n g l y . T h i s i m p r o v e m e n t w o u l d r e q u i r e wi d e n i n g D u b l i n B o u l e v a r d b y a p p r o x i m a t e l y 1 2 f e e t f o r 8 0 0 f e e t e a s t o f t h e i n t e r s e c t i o n al o n g t h e s o u t h s i d e o f D u b l i n B o u l e v a r d . T h e D e v e l o p e r / A p p l i c a n t i s r e q u i r e d t o p a y T I F fe e s t o h e l p f u n d t h i s i m p r o v e m e n t . TR - 3 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D o u g h e r t y Ro a d a n d S c a r l e t t D r i v e wo u l d o p e r a t e a t un a c c e p t a b l e L O S F d u r i n g th e p . m . p e a k h o u r . I n ad d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g th e p . m . p e a k h o u r s . SM - T R - 3 : A t t h e i n t e r s e c t i o n o f D o u g h e r t y R o a d an d S c a r l e t t D r i v e , t h e m i t i g a t i o n m e a s u r e re q u i r e d t o r e d u c e a v e r a g e d e l a y to n o g r e a t e r t h a n c o n d i t i o n s w i t h o u t t h e p r o j e c t i s t o c h a n g e th e s i g n a l p h a s i n g f o r t h e w e s t b o u n d r i g h t t u r n m o v e m e n t f r o m p e r m i s s i v e t o p e r m i s s i v e p l u s a r i g h t - t u r n a r r o w s i g n a l o v e r l a p w i t h t h e s o u t h b o u n d l e f t - t u r n a r r o w . T h i s i m p r o v e m e n t wo u l d r e q u i r e r e s t r i c t i o n o f U - t u r n m o v e m e n t s f o r t h e s o u t h b o u n d D o u g h e r t y R o a d t r a f f i c . Th e p r o j e c t A p p l i c a n t / D e v el o p e r i s t o m a k e a f a i r s h a r e mo n e t a r y c o n t r i b u t i o n t o w a r d t h i s im p r o v e m e n t . Less than significant TR - 4 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d D o u g h e r t y Ro a d w o u l d o p e r a t e a t un a c c e p t a b l e L O S E d u r i n g th e p . m . p e a k h o u r . I n ad d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g th e p . m . p e a k h o u r SM - T R - 4 : I m p l e m e n t S M - T R - 1 . A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d D o u g h e r t y Ro a d , w i t h t h e p o t e n t i a l m i t i g a t i o n m e a s u r e s u g g e s t e d f o r t h e S h o r t - T e r m C u m u l a t i v e p l u s Pr o j e c t C o n d i t i o n s ( S u p p l e m e n t a l M i t i g a t i o n M e a s ur e T R - 1 ) , t h e i n t e r s e c t i o n l e v e l o f s e r v i c e wo u l d r e m a i n L O S E , w i t h t h e o v e r a l l i n t e r s e c ti o n d e l a y r e d u c e d t o l e s s t h a n t h e L o n g - T e r m Cu m u l a t i v e C o n d i t i o n s d u r i n g t h e p . m . p e a k h o u r . Significant and Unavoidable TR - 5 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d S c a r l e t t D r i v e wo u l d o p e r a t e a t un a c c e p t a b l e L O S E d u r i n g bo t h a . m . a n d p . m . p e a k ho u r s . I n a d d i t i o n , t h e p r o j e c t wo u l d a d d m o r e t h a n 5 0 p e a k SM - T R - 5 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d an d S c a r l e t t D r i v e , t h er e i s a s i g n i f i c a n t im p a c t f r o m t h e D u b l i n C r o s s i ng p r o j e c t a c c o r d i n g t o t h e D C SP - D E I R . I n t h e D S C P - D E I R , th e r e c o m m e n d e d m e a s u r e t o m i t i g a t e t h e i m p a c t s a t t h e i n t e r s e c t i o n o f S c a r l e t t D r i v e a n d Du b l i n B o u l e v a r d d u e t o t h e h i g h r a t e o f p e d e s t r i a n s / b i c y c l i s t s c r o s s i n g a t D u b l i n B o u l e v a r d is a g r a d e s e p a r a t e d c r o s s i n g . T h e g r a d e s e p a r a te d c r o s s i n g w o u l d e l i m i n a t e t h e n e e d f o r a t - gr a d e p e d e s t r i a n a c t u a t i o n s a t t h e t r a f f i c s i g n a l , w h i c h w o u l d a l l o w m o r e g r e e n t i m e t o b e al l o c a t e d t o t h r o u g h t r a f f i c o n D u b l i n B o u l e v a r d . A l t h o u g h t h e D u b l i n C r o s s i n g s p r o j e c t h a s no t b e e n e n v i r o n m e n t a l l y c l e a r e d , n o r h a s e n g i n e e r i n g o r r i g h t o f w a y a n a l y s i s b e e n co m p l e t e d w i t h r e g a r d s t o t h e f e a s i b i l i t y o f t h i s i m p r o v e m e n t , t h e C i t y i s a g g r e s s i v e l y Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 2 5 Ci t y o f D u b l i n October 2013 ho u r t r i p s t o t h e i n t e r s e c t i o n du r i n g b o t h a . m . a n d p . m . pe a k h o u r s pu r s u i n g t h i s p r o j e c t t o i m p r o v e p e d e s t r i a n a n d b i c y c l e m o b i l i t y a l o n g t h e I r o n H o r s e T r a i l . Th e C i t y a l s o p l a n s t o i n c l u d e a g r a d e s e p a r a t e d c r o s s i n g a t t h i s l o c a t i o n i n i t s u p d a t e t o t h e TI F p r o g r a m t o s e c u r e p r o j e c t fu n d i n g . B e c a u s e t h e s e p a r a t e d b r i d g e h a s n o t y e t b e e n en v i r o n m e n t a l l y c l e a r e d , a n d t o e n s u r e t h a t th e i m p a c t s a r e a d e q u a t e l y m i t i g a t e d , t h e Ap p l i c a n t / D e v e l o p e r i s r e q u i r e d t o p r o v i d e a f a i r - s h a r e c o n t r i b u t i o n f o r t h e a l t e r n a t i v e mi t i g a t i o n o f r e m o v i n g t h e c r o s s w a l k o n t h e e a s t l e g o f t h e S c a r l e t t D r i v e a n d D u b l i n Bo u l e v a r d i n t e r s e c t i o n . TR - 6 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d D e M a r c u s Bo u l e v a r d w o u l d o p e r a t e a t un a c c e p t a b l e L O S E d u r i n g th e p . m . p e a k h o u r . I n ad d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g th e p . m . p e a k h o u r SM - T R - 6 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d D e M a r c u s B o u l e v a r d , t h e m i t i g a t i o n me a s u r e r e q u i r e d t o r e d u c e a v e r a g e d e l a y t o n o gr e a t e r t h a n c o n d i t i o n s w i t h o u t t h e p r o j e c t i s to r e - s t r i p e t h e w e s t b o u n d a p p r o a c h o n D u b l i n B o u l e v a r d f r o m o n e l e f t t u r n l a n e , t h r e e th r o u g h l a n e s a n d o n e r i g h t t u r n l a n e , t o o n e l e f t t u r n l a n e , t h r e e t h r o u g h l a n e s a n d o n e s h a r e d th r o u g h / r i g h t t u r n l a n e . O n e a dd i t i o n a l 2 0 0 - f o o t - l o n g w e s t b o u n d re c e i v i n g l a n e w i t h 6 0 0 - f o o t - lo n g t a p e r w o u l d n e e d t o b e a d d e d o n t h e w e s t l e g o f t h e i n t e r s e c t i o n o n D u b l i n B o u l e v a r d ac c o r d i n g l y . T h e i m p r o v e m e n t w o u l d r e q u i r e w i de n i n g D u b l i n B o u l e v ar d b y a p p r o x i m a t e l y 12 f e e t f o r 8 0 0 f e e t o n t h e w e s t l e g o f t h e i n t e r s e c t i o n a l o n g t h e n o r t h s i d e o f D u b l i n Bo u l e v a r d . I t w o u l d a l s o r e q u i r e r e l o c a t i o n o f t h e b i k e l a n e a l o n g t h e n o r t h s i d e o f D u b l i n Bo u l e v a r d . I n a d d i t i o n , i t w o u l d r e q u i r e r e a l i g n m e n t o f t r a v e l l a n e s t h r o u g h t h e i n t e r s e c t i o n . Th e p r o j e c t A p p l i c a n t / D e v el o p e r i s t o m a k e a f a i r s h a r e mo n e t a r y c o n t r i b u t i o n t o w a r d t h i s im p r o v e m e n t . Less than significant TR - 7 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d I r o n H o r s e Pa r k w a y w o u l d o p e r a t e a t un a c c e p t a b l e L O S F d u r i n g th e p . m . p e a k h o u r . I n ad d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g th e p . m . p e a k h o u r SM - T R - 7 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v ar d a n d I r o n H o r s e P a r k w a y , t h e n e c e s s a r y mi t i g a t i o n m e a s u r e i s t o a d d a s e c o n d n o r t h b o u n d l e f t t u r n l a n e , r e s u l t i n g i n t w o l e f t t u r n l a n e s an d a s h a r e d t h r o u g h - r i g h t l a n e o n t h e n o r t h b o u n d a p p r o a c h . B o t h n o r t h b o u n d l e f t t u r n l a n e s on I r o n H o r s e P a r k w a y w o u l d n e e d t o b e 4 0 0 f e e t l o n g . T h i s i m p r o v e m e n t w o u l d r e q u i r e t h e re m o v a l o f p a r k i n g o n t h e e a s t s i d e o f I r o n H o r s e P a r k w a y , t r a f f i c s i g n a l m o d i f i c a t i o n s , a n d ch a n g i n g t h e t r a v e l l a n e c o n f i g u r a t i o n a n d a l i g n m e n t t o c r e a t e o n e 1 6 - f o o t w i d e s o u t h b o u n d re c e i v i n g l a n e o n I r o n H o r s e P a r k w a y , t w o 1 0 - f oo t w i d e n o r t h b o u n d l e f t t u r n l a n e s o n I r o n Ho r s e P a r k w a y ; a n d o n e 1 4 - f o o t w i d e n o r t h b o u n d s h a r e d t h r o u g h - r i g h t t u r n l a n e . T h e p r o j e c t Ap p l i c a n t / D e v e l o p e r i s t o m a k e a f a i r s h a r e m on e t a r y c o n t r i b u t i o n t o w a r d t h i s i m p r o v e m e n t . Less than significant TR - 8 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d A r n o l d R o a d wo u l d o p e r a t e a t un a c c e p t a b l e L O S E d u r i n g th e p . m . p e a k h o u r . I n ad d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g SM - T R - 8 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d A r n o l d R o a d , t h e m i t i g a t i o n m e a s u r e re q u i r e d t o r e d u c e a v e r a g e d e l a y to n o g r e a t e r t h a n c o n d i t i o n s w i t h o u t t h e p r o j e c t i s t o r e - st r i p e t h e n o r t h b o u n d a p p r o a c h f r o m t w o l e f t t u r n l a n e s , o n e s h a r e d t h r o u g h / r i g h t t u r n l a n e an d o n e r i g h t t u r n l a n e , t o t w o l e f t t u r n l a n e s , o n e t h r o u g h l a n e a n d o n e r i g h t t u r n l a n e . I n ad d i t i o n , t h e s i g n a l p h a s i n g f o r t h e n o r t h b o u n d r i g h t t u r n a n d s o u t h b o u n d r i g h t t u r n n e e d t o b e ch a n g e d f r o m p e r m i s s i v e t o p e r m i s s i v e p l u s r i g h t - t u r n a r r o w s i g n a l o v e r l a p s w i t h t h e we s t b o u n d a n d e a s t b o u n d l e f t - t u r n a r r o w s , r e s p e c t i v e l y . T h i s i m p r o v e m e n t w o u l d r e q u i r e re s t r i c t i o n o f U - t u r n m o v e m e n t s f o r t h e e a s t b o u n d a n d w e s t b o u n d t r a f f i c . T h e p r o j e c t Ap p l i c a n t / D e v e l o p e r i s t o m a k e a f a i r s h a r e m on e t a r y c o n t r i b u t i o n t o w a r d t h i s i m p r o v e m e n t . Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 2 6 Ci t y o f D u b l i n October 2013 th e p . m . p e a k h o u r TR - 9 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d H a c i e n d a Dr i v e w o u l d o p e r a t e a t un a c c e p t a b l e L O S F d u r i n g th e p . m . p e a k h o u r . I n ad d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g th e p . m . p e a k h o u r SM - T R - 9 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d H a c i e n d a D r i v e , t h e n e c e s s a r y mi t i g a t i o n m e a s u r e i s t o r e - s t r i p e t h e n o r t h b o u n d a p p r o a c h f r o m t h r e e l e f t t u r n l a n e s , t h r e e th r o u g h l a n e s a n d o n e r i g h t t u r n l a n e , t o t h r e e l e f t t u r n l a n e s , t w o t h r o u g h l a n e s a n d t w o r i g h t tu r n l a n e s . T h e p r o j e c t A p p l i ca n t / D e v e l o p e r i s t o m a k e a f a ir s h a r e m o n e t a r y c o n t r i b u t i o n to w a r d t h i s i m p r o v e m e n t . Less than significant TR - 1 0 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f H a c i e n d a Dr i v e a n d H a c i e n d a Cr o s s i n g s w o u l d o p e r a t e a t un a c c e p t a b l e L O S E d u r i n g th e p . m . p e a k h o u r . I n ad d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g th e p . m . p e a k h o u r SM - T R - 1 0 : A t t h e i n t e r s e c t i o n o f H a c i e n d a D r i v e a n d M a r t i n e l l i W a y - H a c i e n d a C r o s s i n g s , th e m i t i g a t i o n m e a s u r e r e q u i r e d t o r e d u c e a v e r a g e d e l a y t o n o g r e a t e r t h a n c o n d i t i o n s w i t h o u t th e p r o j e c t i s t o r e - s t r i p e t h e e a s t b o u n d a p p r oa c h f r o m o n e l e f t t u r n l a n e , o n e s h a r e d th r o u g h / r i g h t t u r n l a n e a n d t w o r i g h t t u r n l a n e s , t o t w o l e f t t u r n l a n e s , o n e t h r o u g h l a n e a n d on e r i g h t t u r n l a n e . I n a d d i t i o n , t h e s i g n a l p h a s i n g f o r t h e e a s t b o u n d r i g h t - t u r n n e e d s t o b e ch a n g e d f r o m p e r m i s s i v e t o p e r m i s s i v e p l u s a r i g h t - t u r n a r r o w s i g n a l o v e r l a p w i t h t h e no r t h b o u n d l e f t - t u r n a r r o w . A l s o , t h e p h a s i n g f o r t h e e a s t b o u n d - w e s t b o u n d l e f t - t u r n a r r o w si g n a l s s h a l l b e s e t u p a s a l e a d - l a g s e q u e n c e s o t h e c o n f l i c t i n g l e f t - t u r n p a t h s d o n o t o p e r a t e si m u l t a n e o u s l y . T h i s i m p r o v e m e n t s h a l l i n c l u d e r e s t r i c t i o n o f U - t u r n m o v e m e n t s f o r no r t h b o u n d t r a f f i c . T h e p r o j e c t A p p l i c a n t / D e v el o p e r i s t o m a k e a f a i r s h a r e m o n e t a r y co n t r i b u t i o n t o w a r d t h i s i m p r o v e m e n t . TR - 1 1 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d M y r t l e Dr i v e / T o y o t a D r i v e w o u l d op e r a t e a t u n a c c e p t a b l e L O S E d u r i n g t h e p . m . p e a k h o u r . In a d d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g th e p . m . p e a k h o u r SM - T R - 1 1 : I m p l e m e n t S M - T R - 1 . A t t h e i n t e r s ec t i o n o f D u b l i n B o u l e v a r d a n d M y r t l e Dr i v e / T o y o t a D r i v e , t h e m i t i g a t i o n m e a s u r e r e qu i r e d t o r e d u c e a v e r a g e d e l a y t o n o g r e a t e r th a n c o n d i t i o n s w i t h o u t t h e p r o j e c t i s t o a d d a 1 0 0 - f o o t - l o n g e a s t b o u n d e x c l u s i v e r i g h t t u r n la n e o n D u b l i n B o u l e v a r d . T h e i m p r o v e m e n t w o u l d r e q u i r e w i d e n i n g D u b l i n B o u l e v a r d b y ap p r o x i m a t e l y 1 1 f e e t i n a d v a n c e o f t h e i n t e r s e c t i o n a l o n g t h e s o u t h s i d e o f D u b l i n B o u l e v a r d . It w o u l d a l s o r e q u i r e r e l o c a t i o n o f t h e s i d e w a l k a n d t h e b i k e l a n e a l o n g t h e s o u t h s i d e o f Du b l i n B o u l e v a r d , a s w e l l a s t h e t r a f f i c s i g n a l po l e , f i r e h y d r a n t a n d t h e p r o j e c t s i g n a t t h e so u t h w e s t c o r n e r o f t h e i n t e r s e c t i o n . Significant and Unavoidable TR - 1 2 Tr a f f i c . U n d e r t h e L o n g - Te r m C u m u l a t i v e C o n d i t i o n s , th e i n t e r s e c t i o n o f D u b l i n Bo u l e v a r d a n d T a s s a j a r a Ro a d w o u l d o p e r a t e a t un a c c e p t a b l e L O S F d u r i n g SM - T R - 1 2 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d T a s s a j a r a R o a d , t h e n e c e s s a r y mi t i g a t i o n m e a s u r e i s t o a d d a f o u r t h e a s t b o u n d t h r o u g h l a n e o n D u b l i n B o u l e v a r d . T h e pr o j e c t A p p l i c a n t / D e v e l o p e r i s t o m a k e a f a i r s h a r e m o n e t a r y c o n t r i b u t i o n t o w a r d t h i s im p r o v e m e n t . Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 2 7 Ci t y o f D u b l i n October 2013 th e p . m . p e a k h o u r . I n ad d i t i o n , t h e p r o j e c t w o u l d ad d m o r e t h a n 5 0 p e a k h o u r tr i p s t o t h e i n t e r s e c t i o n d u r i n g th e p . m . p e a k h o u r TR - 1 3 Tr a f f i c . U n d e r S h o r t - T e r m Cu m u l a t i v e p l u s P r o j e c t Co n d i t i o n s a t t h e i n t e r s e c t i o n of D u b l i n B o u l e v a r d a n d Do u g h e r t y R o a d d u r i n g t h e p. m . p e a k h o u r , p r o j e c t t r a f f i c wo u l d l e n g t h e n t h e so u t h b o u n d l e f t - t u r n q u e u e by m o r e t h a n 2 5 f e e t , w h e r e th e v e h i c l e q u e u e a l r e a d y ex c e e d s t h e t u r n p o c k e t le n g t h u n d e r t h e S h o r t - T e r m Cu m u l a t i v e C o n d i t i o n s SM - T R - 1 3 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d D o u g h e r t y R o a d , t h e m i t i g a t i o n me a s u r e t o r e d u c e t h i s q u e u i n g i m p a c t w o u l d re q u i r e c h a n g i n g s i g n a l t i m i n g b y s h i f t i n g 2 se c o n d s o f g r e e n t i m e f r o m t h e n o r t h b o u n d t h r o u g h m o v e m e n t t o t h e s o u t h b o u n d l e f t - t u r n mo v e m e n t . T h e p r o j e c t A p p l i c a n t/ D e v e l o p e r i s t o m a k e a f a i r s h a r e m o n e t a r y c o n t r i b u t i o n to w a r d t h i s i m p r o v e m e n t . Less than significant TR - 1 4 Tr a f f i c . U n d e r S h o r t - T e r m Cu m u l a t i v e p l u s P r o j e c t Co n d i t i o n s a t t h e i n t e r s e c t i o n of D u b l i n B o u l e v a r d a n d Ar n o l d R o a d d u r i n g t h e p . m . pe a k h o u r , p r o j e c t t r a f f i c wo u l d l e n g t h e n t h e e a s t b o u n d le f t - t u r n q u e u e b y m o r e t h a n 25 f e e t , w h e r e t h e v e h i c l e qu e u e a l r e a d y e x c e e d s t h e tu r n p o c k e t l e n g t h u n d e r t h e Sh o r t - T e r m C u m u l a t i v e Co n d i t i o n s . SM - T R - 1 4 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d A r n o l d R o a d , a m i t i g a t i o n m e a s u r e is r e c o m m e n d e d f o r t h e i n t e r s e c t i o n L O S s i g n if i c a n t i m p a c t u n d e r L o n g - T e r m C u m u l a t i v e pl u s P r o j e c t C o n d i t i o n s ( S u p p l e m e n t a l M i t i g a t i o n M e a s u r e T R - 8 ) . H o w e v e r , t h i s m i t i g a t i o n me a s u r e w o u l d n o t r e d u c e t h e e a s t b o u n d l e f t - t u r n q u e u e . T h e r e q u i r e d m i t i g a t i o n m e a s u r e f o r th i s i m p a c t i s t o a d d a s e c o n d e a s t b o u n d l e f t - t u r n l a n e w i t h t h e s a m e s t o r a g e l e n g t h a s t h e ex i s t i n g e a s t b o u n d l e f t - t u r n l a n e , a n d a s e c o n d n o r t h b o u n d r e c e i v i n g l a ne . T h i s i m p r o v e m e n t wo u l d r e q u i r e r e d u c i n g t h e e x i s t i n g m e d i a n w i d t h t o a p p r o x i m a t e l y a m i n i m u m o f f o u r f e e t , an d r e l o c a t i n g t h e l i g h t i n g p o l e s a n d t h e l a n d s c a p i n g i n t h e m e d i a n , s i m i l a r t o t h e e x i s t i n g me d i a n c o n f i g u r a t i o n o n t h e e a s t s i d e o f t h e i n t e r s e c t i o n t h a t p r o v i d e s t w o w e s t b o u n d l e f t - t u r n la n e s . T h e A p p l i c a n t / D e v e l o p e r i s r e q u i r e d t o pa y T I F f e e s t o h e l p f u n d t h i s i m p r o v e m e n t . Less than significant TR - 1 5 Tr a f f i c . U n d e r S h o r t - T e r m Cu m u l a t i v e p l u s P r o j e c t Co n d i t i o n s a t t h e i n t e r s e c t i o n of D u b l i n B o u l e v a r d a n d Ta s s a j a r a R o a d d u r i n g t h e p. m . p e a k h o u r , p r o j e c t t r a f f i c wo u l d l e n g t h e n t h e e a s t b o u n d le f t - t u r n q u e u e b y m o r e t h a n 25 f e e t , w h e r e t h e v e h i c l e SM - T R - 1 5 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d T a s s a j a r a R o a d , m i t i g a t i o n me a s u r e s a r e r e c o m m e n d e d f o r t h e i n t e r s e c t i o n L O S s i g n i f i c a n t i m p a c t u n d e r S h o r t - T e r m Cu m u l a t i v e p l u s P r o j e c t C o n d i t i o n s ( S u p p l e m e n t a l M i t i g a t i o n M e a s u r e T R - 2 ) a n d L o n g - T e r m Cu m u l a t i v e p l u s P r o j e c t C o n d i t i o n s ( S u p p l e m en t a l M i t i g a t i o n M e a s u r e T R - 1 2 ) . H o w e v e r , th e s e m i t i g a t i o n m e a s u r e s w o u l d n o t r e d u c e t h e e a s t b o u n d l e f t - t u r n q u e u e . T h e m i t i g a t i o n me a s u r e t o r e d u c e t h i s q u e u i n g i m p a c t w o u l d r e qu i r e c h a n g i n g s i g n a l t i m i n g b y i n c r e a s i n g t h e to t a l g r e e n t i m e f o r t h e e a s t b o u n d l e f t - t u r n m o v e m e n t f r o m 2 0 s e c o n d s t o 3 0 s e c o n d s , w h i c h wo u l d i n c r e a s e t h e t o t a l c y c l e l e n g t h f r o m 1 6 0 s e c o n d s t o 1 7 0 s e c o n d s . T h e p r o j e c t Ap p l i c a n t / D e v e l o p e r i s t o m a k e a f a i r s h a r e m on e t a r y c o n t r i b u t i o n t o w a r d t h i s i m p r o v e m e n t . Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 2 8 Ci t y o f D u b l i n October 2013 qu e u e a l r e a d y e x c e e d s t h e tu r n p o c k e t l e n g t h u n d e r t h e Sh o r t - T e r m C u m u l a t i v e Co n d i t i o n s TR - 1 6 Tr a f f i c . U n d e r L o n g - T e r m Cu m u l a t i v e p l u s P r o j e c t Co n d i t i o n s a t t h e i n t e r s e c t i o n of D u b l i n B o u l e v a r d a n d Ha c i e n d a D r i v e d u r i n g t h e p. m . p e a k h o u r , p r o j e c t t r a f f i c wo u l d l e n g t h e n t h e e a s t b o u n d le f t - t u r n q u e u e b y m o r e t h a n 25 f e e t , w h e r e t h e v e h i c l e qu e u e a l r e a d y e x c e e d s t h e tu r n p o c k e t l e n g t h u n d e r t h e Lo n g - T e r m C u m u l a t i v e Co n d i t i o n s SM - T R - 1 6 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d H a c i e n d a D r i v e , a m i t i g a t i o n me a s u r e i s r e c o m m e n d e d f o r t h e i n t e r s e c t i o n LO S s i g n i f i c a n t i m p a c t u n d e r L o n g - T e r m Cu m u l a t i v e p l u s P r o j e c t C o n d i t i o n s ( S u p p l e m e n t a l M i t i g a t i o n M e a s u r e S M - T R - 9 ) . H o w e v e r , th i s m i t i g a t i o n m e a s u r e w o u l d n o t r e d u c e t h e e a s t b o u n d l e f t - t u r n q u e u e . T h e m i t i g a t i o n me a s u r e t o r e d u c e t h i s q u e u i n g i m p a c t w o u l d re q u i r e c h a n g i n g s i g n a l t i m i n g b y s h i f t i n g 5 se c o n d s o f g r e e n t i m e f r o m t h e w e s t b o u n d t h r o u g h m o v e m e n t t o t h e e a s t b o u n d l e f t - t u r n mo v e m e n t . T h e p r o j e c t A p p l i c a n t/ D e v e l o p e r i s t o m a k e a f a i r s h a r e m o n e t a r y c o n t r i b u t i o n to w a r d t h i s i m p r o v e m e n t . Less than significant TR - 1 7 Tr a f f i c . U n d e r L o n g - T e r m Cu m u l a t i v e p l u s P r o j e c t Co n d i t i o n s a t t h e i n t e r s e c t i o n of H a c i e n d a D r i v e a n d Ma r t i n e l l i W a y - H a c i e n d a Cr o s s i n g s d u r i n g t h e p . m . pe a k h o u r , p r o j e c t t r a f f i c wo u l d l e n g t h e n t h e e a s t b o u n d le f t - t u r n q u e u e b y m o r e t h a n 25 f e e t , w h e r e t h e v e h i c l e qu e u e a l r e a d y e x c e e d s t h e tu r n p o c k e t l e n g t h u n d e r t h e Lo n g - T e r m C u m u l a t i v e Co n d i t i o n s SM - T R - 1 7 : I m p l e m e n t S M - T R - 1 0 . A t t h e i n t e r s e c ti o n o f H a c i e n d a D r i v e a n d M a r t i n e l l i Wa y - H a c i e n d a C r o s s i n g s , a m i t i g a t i o n m e a s u r e i s r e c o m m e n d e d f o r t h e i n t e r s e c t i o n L O S si g n i f i c a n t i m p a c t u n d e r L o n g - T e r m C u m u l a t i v e p l u s P r o j e c t C o n d i t i o n s ( S u p p l e m e n t a l Mi t i g a t i o n M e a s u r e T R - 1 0 ) . W i t h t h i s p o t e n t i a l m i t i g a t i o n m e a s u r e , t h e e a s t b o u n d l e f t - t u r n qu e u e w o u l d b e r e d u c e d t o 1 7 9 f e e t p e r l a n e d u r i n g t h e p . m . p e a k h o u r u n d e r L o n g - T e r m p l u s Pr o j e c t C o n d i t i o n s , w h i c h w o u l d b e l e s s t h a n th e c o n d i t i o n s w i t h o u t t h e p r o j e c t . T h e r e f o r e , af t e r a p p l y i n g t h e p r o p o s e d S u p p l e m e n t a l M i t i g a t i o n M e a s u r e T R - 1 0 , t h i s i m p a c t w o u l d b e le s s - t h a n - s i g n i f i c a n t . Less than significant TR - 1 8 Tr a f f i c . U n d e r L o n g - T e r m Cu m u l a t i v e p l u s P r o j e c t Co n d i t i o n s a t t h e i n t e r s e c t i o n of D u b l i n B o u l e v a r d a n d Ta s s a j a r a R o a d d u r i n g t h e p. m . p e a k h o u r , p r o j e c t t r a f f i c wo u l d l e n g t h e n t h e e a s t b o u n d le f t - t u r n q u e u e b y m o r e t h a n 25 f e e t , w h e r e t h e v e h i c l e SM - T R - 1 8 : A t t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d a n d T a s s a j a r a R o a d , a m i t i g a t i o n me a s u r e i s r e c o m m e n d e d f o r t h e i n t e r s e c t i o n L O S s i g n i f i c a n t i m p a c t u n d e r t h e L o n g - T e r m Cu m u l a t i v e p l u s P r o j e c t C o n d i t i o n s ( S u p p l e m e n t a l M i t i g a t i o n M e a s u r e S M - T R - 1 2 ) . Ho w e v e r , t h i s m i t i g a t i o n m e a s u r e w o u l d n o t r e d u c e t h e e a s t b o u n d l e f t - t u r n q u e u e . T h e mi t i g a t i o n m e a s u r e t o r e d u c e t h i s q u e u i n g i m p a c t w o u l d r e q u i r e c h a n g i n g s i g n a l t i m i n g b y in c r e a s i n g t h e t o t a l g r e e n t i m e f o r t h e e a s t b o u n d l e f t - t u r n m o v e m e n t f r o m 2 0 s e c o n d s t o 3 0 se c o n d s , w h i c h w o u l d i n c r e a s e t h e t o t a l c y c l e l e n g t h f r o m 1 6 0 s e c o n d s t o 1 7 0 s e c o n d s . T h e pr o j e c t A p p l i c a n t / D e v e l o p e r i s t o m a k e a f a i r s h a r e m o n e t a r y c o n t r i b u t i o n t o w a r d t h i s im p r o v e m e n t . Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 2 9 Ci t y o f D u b l i n October 2013 qu e u e a l r e a d y e x c e e d s t h e tu r n p o c k e t l e n g t h u n d e r t h e Lo n g - T e r m C u m u l a t i v e Co n d i t i o n s TR - 1 9 Tr a f f i c . U n d e r L o n g - T e r m Cu m u l a t i v e C o n d i t i o n s , Du b l i n B o u l e v a r d b e t w e e n Do u g h e r t y R o a d a n d Ta s s a j a r a R o a d w o u l d op e r a t e a t u n a c c e p t a b l e L O S F f o r b o t h d i r e c t i o n s d u r i n g th e p . m . p e a k h o u r . T h e ad d i t i o n o f t h e p r o p o s e d pr o j e c t w o u l d i n c r e a s e t h e se g m e n t v / c r a t i o b y m o r e th a n 0 . 0 2 f o r b o t h d i r e c t i o n s SM - T R - 1 9 : I m p l e m e n t S M - T R - 1 . T h e p o t e n t i a l m i t i g a t i o n m e a s u r e s f o r t h e s e a r t e r i a l se g m e n t i m p a c t s w o u l d r e q u i r e w i d e n i n g D u b l i n B o u l e v a r d i n b o t h d i r e c t i o n s . S u c h m e a s u r e co u l d r e d u c e t h e i m p a c t t o l e s s t h a n s i g n i f i c a n t . H o w e v e r , w i d e n i n g o f D u b l i n B o u l e v a r d f o r th i s m i t i g a t i o n m i g h t n o t b e f e a s i b l e d u e t o r i gh t - o f - w a y c o n s t r a i n t s a n d p o t e n t i a l o p e r a t i o n a l is s u e s w i t h t h e v e r y l a r g e i n t e r s e c t i o n d i m e n s i o n s t h a t w o u l d r e s u l t . Significant and Unavoidable TR - 2 0 Tr a f f i c . D u r i n g c o n s t r u c t i o n of t h e p r o p o s e d p r o j e c t , he a v y t r u c k t r i p s g e n e r a t e d by h a u l i n g m a t e r i a l s t o a n d fr o m t h e s i t e c o u l d i m p a c t tr a f f i c c o n d i t i o n s o n s o m e lo c a l r o a d w a y s d u r i n g p e a k co m m u t e p e r i o d s SM - T R - 2 0 : T h e p r o j e c t d e v e l o p e r s h a l l p r e p a r e a C o n s t r u c t i o n T r a f f i c M a n a g e m e n t P l a n f o r su b m i t t a l t o t h e C i t y , w h i c h s h a l l b e s u b j e c t t o r e v i e w a n d c o n d i t i o n s a s d e t e r m i n e d b y t h e Du b l i n C i t y E n g i n e e r . T h e C o n s t r u c t i o n T r a f f i c M a n a g e m e n t P l a n s h a l l i n c l u d e t h e f o l l o w i n g in f o r m a t i o n a n d a d d i t i o n a l i n f o r m a t i o n a s r e q u e s t e d b y t h e C i t y E n g i n e e r : a) M a p o f h a u l r o u t e s f o r h e a v y t r u c k s . b) H o u r s o f o p e r a t i o n . c) D e t a i l e d p l a n f o r a n y p r o p o s e d t r u c k s t a g i n g o n p u b l i c r i g h t - o f - w a y . d) P a r k i n g p l a n f o r c o n s t r u c t i o n w o r k e r s d u r i n g e a c h m a j o r p h a s e o f c o n s t r u c t i o n , i n c l u d i n g : nu m b e r o f v e h i c l e s e x p e c t e d t o p a r k ; l o c a t i o n ( s ) a n d n u m b e r o f p a r k i n g s p a c e s a v a i l a b l e a t ar r a n g e d a r e a s . e) D e t a i l e d p l a n f o r a n y p r o p o s e d s t r e e t o r s t r e e t l a n e c l o s u r e s . Less than significant TR - 2 1 Tr a f f i c . A t t h e m o s t e a s t e r l y ri g h t - t u r n - i n / r i g h t - t u r n - o u t on l y p r o j e c t d r i v e w a y o n Du b l i n B o u l e v a r d , v i s i b i l i t y wo u l d b e l i m i t e d f o r t h e ex i t i n g v e h i c l e s t u r n i n g i n t o th e e a s t b o u n d r i g h t t u r n l a n e s fr o m D u b l i n B o u l e v a r d t o Ha c i e n d a D r i v e SM - T R - 2 1 : A t t h e m o s t e a s t e r l y r i g h t - t u r n - i n / r i g h t - t u r n - o u t o n l y p r o j e c t d r i v e w a y o n D u b l i n Bo u l e v a r d , t h e n e c e s s a r y m i t i g a t i o n m e a s u r e i s t o a d d a s i g n a l f o r t h e e x i t i n g v e h i c l e s . T h i s si g n a l w i l l b e l i n k e d t o t h e s i g n a l o f t h e i n t e r s e c t i o n o f D u b l i n B o u l e v a r d / S y b a s e Dr i v e / P r o j e c t D r i v e w a y , a n d w i l l p r o v i d e a g r e e n a r r o w f o r t h e n o r t h b o u n d r i g h t - t u r n mo v e m e n t w h e n t h e r e d l i g h t i s g i v e n f o r t h e e a s t b o u n d t h r o u g h t r a f f i c a t t h e u p s t r e a m in t e r s e c t i o n a t S y b a s e D r i v e . Less than significant BI O - 1 Bi o l o g i c a l R e s o u r c e s . T h e pr o p o s e d p r o j e c t w o u l d r e s u l t in t h e f i l l o f 0 . 0 0 8 a c r e s o f po t e n t i a l l y j u r i s d i c t i o n a l SM - B I O - 1 : I f a v o i d a n c e o f t h e s e j u r i s d i c t i o n a l w a t e r s o n t h e s i t e i s n o t f e a s i b l e , s u i t a b l e co m p e n s a t o r y m i t i g a t i o n s h a l l b e p r o v i d e d b a s e d o n t h e c o n c e p t o f n o n e t l o s s o f w e t l a n d ha b i t a t v a l u e s o r a c r e a g e s . I n s u c h a n e v e n t u a l i t y , a w e t l a n d m i t i g a t i o n p l a n s h a l l b e de v e l o p e d a n d i m p l e m e n t e d t h a t i n c l u d e s c r e a t i o n , r e s t o r a t i o n , a n d / o r e n h a n c e m e n t o f o f f - Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 3 0 Ci t y o f D u b l i n October 2013 wa t e r s o f t h e U . S . a n d / o r wa t e r s o f t h e S t a t e si t e w e t l a n d s p r i o r t o p r o j e c t g r o u n d d i s t u r b a nc e . M i t i g a t i o n a r e a s s h a l l b e e s t a b l i s h e d i n pe r p e t u i t y t h r o u g h d e d i c a t i o n o f a c o n s e r v a ti o n e a s e m e n t ( o r s i m i l a r m e c h a n i s m ) t o a n ap p r o v e d e n v i r o n m e n t a l o r g a n i z a t i o n a n d p a y m e n t o f a n e n d o w m e n t f o r t h e l o n g - t e r m ma n a g e m e n t o f t h e s i t e . I f w e t l a n d s a r e d e t e r m i n ed t o b e j u r i s d i c t i o n a l u n d e r S e c t i o n 4 0 4 o f th e C l e a n W a t e r A c t , T h e m i t i g a t i o n p l a n i s s u b j e c t t o t h e r e v i e w a n d a p p r o v a l o f t h e C o r p s an d R e g i o n a l W a t e r Q u a l i t y C o n t r o l B o a r d ( R W Q C B ) . I f t h e p o t e n t i a l s e a s o n a l w e t l a n d s ar e n o n - j u r i s d i c t i o n a l , t h e m i t i g a t i o n p l a n w i l l b e s u b j e c t t o t h e r e v i e w a n d a p p r o v a l o f t h e RW Q C B . BI O - 2 Bi o l o g i c a l R e s o u r c e s . T h e pr o p o s e d p r o j e c t c o u l d im p a c t s p e c i a l - s t a t u s p l a n t sp e c i e s o n t h e s i t e , a l t h o u g h ha b i t a t o n t h e s i t e f o r t h e pr e s e n c e i s c o n s i d e r e d ma r g i n a l SM - B I O - 2 : F o c u s e d s u r v e y s f o r s p e c i a l - s t a t u s p l a n t s s h a l l b e c o n d u c t e d o n t h e s i t e ac c o r d i n g t o t h e C a l i f o r n i a F i s h & W i l d l i f e Se r v i c e ( 2 0 0 9 ) P r o t o c o l s f o r S u r v e y i n g a n d Ev a l u a t i n g I m p a c t s t o S p e c i a l S t a t u s P l a n t P o p u l a t i o n s a n d N a t u r a l C o m m u n i t i e s . P l a n t su r v e y s s h a l l b e c o n d u c t e d t h r o u g h o u t t h e b l o o m i n g p e r i o d o f t h o s e s p e c i e s f o r w h i c h s u i t a b l e ha b i t a t i s p r e s e n t . T w o o r t h r e e s e p a r a t e s u r v e y s m a y b e r e q u i r e d t o c o v e r t h e b l o o m i n g pe r i o d o f t h e p l a n t s i n T a b l e 4 . 4 - 1 . I f p o p u l a t i o n s / s t a n d s o f a s p ec i a l - s t a t u s s p e c i e s a r e id e n t i f i e d d u r i n g t h e s u r v e y s a n d im p a c t s a r e u n a v o i d a b l e , c o m p en s a t o r y m i t i g a t i o n s h a l l b e pr o v i d e d , s u c h a s t h e a c q u i s i t i o n o f o f f - s i t e m i ti g a t i o n a r e a s p r e s e n t l y s u p p o r t i n g t h e s p e c i e s in q u e s t i o n , o r p u r c h a s e o f c r e d i t s i n a m i t i g a t i o n b a n k t h a t i s a p p r o v e d t o s e l l c r e d i t s f o r t h e af f e c t e d s p e c i e s , o r p a y m e n t o f i n - l i e u f e e s t o a p u b l i c a g e n c y o r c o n s e r v a t i o n o r g a n i z a t i o n fo r t h e p r e s e r v a t i o n a n d m a n a g e m e n t o f e x i s t i n g p o p u l a t i o n s . T h e l o c a t i o n o f m i t i g a t i o n s i t e s sh a l l b e d e t e r m i n e d i n c o n s u l t a t i o n w i t h , a n d s u b j e c t t o a p p r o v a l o f , U S F i s h a n d W i l d l i f e Se r v i c e a n d / o r C a l i f o r n i a D e p a r t m e n t o f F i s h & W i l d l i f e S e r v i c e . I n t h e c a s e s w h e r e t h e sp e c i a l - s t a t u s p l a n t s p e c i e s i s n e i t h e r f e d e r a l - no r s t a t e - l i s t e d , t h e l e a d a g e n c y s h a l l a p p r o v e th e m i t i g a t i o n a p p r o a c h f o r t h e g i v e n s p ec i e s u s i n g g u i d a n c e p r o v i d e d i n t h e Ea s t A l a m e d a Co u n t y C o n s e r v a t i o n S t r a t e g y an d i n c o n s u l t a t i o n w i t h t h e C i t y ’ s c o n s u l t i n g b i o l o g i s t . O f f - si t e c o m p e n s a t o r y m i t i g a t i o n s h a l l b e a c q u i r e d a t a m i n i m u m a c r e a g e r a t i o o f 1 : 1 (a c q u i r e d : i m p a c t e d ) . F o r e i t h e r o f f - s i t e m i t i g a t i o n o p t i o n s , m e a s u r e s s h a l l b e i m p l e m e n t e d (i n c l u d i n g c o n t i n g e n c y m e a s u r e s ) p r o v i d i n g f o r t h e l o n g - t e r m p r o t e c t i o n o f t h e s p e c i e s . Less than Significant BI O - 3 Bi o l o g i c a l R e s o u r c e s . T h e pr o p o s e d p r o j e c t c o u l d im p a c t t h e h a b i t a t f o r n e s t i n g or w i n t e r i n g b u r r o w i n g o w l by d i s t u r b i n g t h e e x i s t i n g gr o u n d s u r f a c e . SM - B I O - 3 : P r e c o n s t r u c t i o n s u r v e y s s h a l l b e c o n d u c t e d f o r b u r r o w i n g o w l s p r i o r t o g r a d i n g or c o n s t r u c t i o n a c t i v i t i e s . T h e s e s u r v e y s s h o u l d c o n f o r m t o t h e s u r v e y p r o t o c o l e s t a b l i s h e d i n th e S t a f f R e p o r t o n B u r r o w i n g O w l M i t i g a t i o n (C D F W 2 0 1 2 b ) a n d t h e C o n s e r v a t i o n S t r a t e g y (I C F 2 0 1 0 ) . T h e C o n s e r v a t i o n S t r a t e g y d e p i c t s t h e p r o j e c t s i t e a s b e i n g l o c a t e d i n Co n s e r v a t i o n Z o n e 2 , w h i c h s u p p o r t s 1 1 p e r c e n t o f t h e C o n s e r v a t i o n S t r a t e g y ’ s s t u d y a r e a ’ s un p r o t e c t e d p o t e n t i a l h a b i t a t f o r b u r r o w i n g o w l ) . B u r r o w i n g o w l s c o u l d n e s t o r w i n t e r i n t h e si t e ’ s a p p r o x i m a t e 1 3 a c r e s o f r u d e r a l / d i s t u r b e d n o n - n a t i v e g r a s s l a n d h a b i t a t a n d w i t h i n t h e su i t a b l e g r a s s l a n d h a b i t a t a d j a c e n t t o t h e s i t e . T h e f o l l o w i n g m e a s u r e s a r e c o n s i s t e n t w i t h t h e pr o v i s i o n s o f t h e M i g r a t o r y B i r d T r e a t y A c t a n d t h e C a l i f o r n i a D e p a r t m e n t o f F i s h & W i l d l i f e st a n d a r d s : a) N o m o r e t h a n 1 4 d a y s p r i o r t o a n y g r o u n d d i s t u r b i n g a c t i v i t i e s , a q u a l i f i e d b i o l o g i s t s h a l l co n d u c t a t a k e a v o i d a n c e s u r v e y f o r b u r r o w i n g o w l s . I f n o o w l s a r e f o u n d d u r i n g t h i s f i r s t Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 3 1 Ci t y o f D u b l i n October 2013 su r v e y , a f i n a l s u r v e y w i l l b e c o n d u c t e d w i t h i n 4 8 h o u r s p r i o r t o g r o u n d d i s t u r b a n c e t o co n f i r m t h a t b u r r o w i n g o w l s a r e s t i l l a b s e n t . I f g r o u n d d i s t u r b i n g a c t i v i t i e s a r e d e l a y e d o r su s p e n d e d f o r m o r e t h a n 1 4 d a y s a f t e r t h e i n i t i a l t a k e a v o i d a n c e s u r v e y , t h e s i t e s h a l l b e re s u r v e y e d ( i n c l u d i n g t h e f i n a l s u r v e y w i t h i n 4 8 h o u r s o f d i s t u r b a n c e ) . A l l s u r v e y s s h a l l b e co n d u c t e d i n a c c o r d a n c e w i t h C a l i f o r n i a D e p a r t m e n t o f F i s h & W i l d l i f e g u i d e l i n e s . b) I f b u r r o w i n g o w l s a r e f o u n d o n t h e s i t e d u r i n g t h e s u r v e y s , m i t i g a t i o n s h a l l b e im p l e m e n t e d i n a c c o r d a n c e w i t h a p p l i c a b l e C a l i f o r n i a D e p a r t m e n t o f F i s h & W i l d l i f e a n d ot h e r a p p l i c a b l e s t a n d a r d s , i n c l u d i n g C o n s e r v a t i o n S t r a t e g y I C F 2 0 1 0 . M o r e s p e c i f i c a l l y , if t h e s u r v e y s i d e n t i f y b r e e d i n g o r w i n t e r i n g b u r r o w i n g o w l s o n o r a d j a c e n t t o t h e s i t e , oc c u p i e d b u r r o w s c a n n o t b e d i s t u r b e d a n d s h a l l b e p r o v i d e d w i t h p r o t e c t i v e b u f f e r s . Wh e r e a v o i d a n c e i s n o t f e a s i b l e d u r i n g t h e n o n- b r e e d i n g s e a s o n , a s i t e - s p e c i f i c e x c l u s i o n pl a n ( i . e . , a p l a n t h a t c o n s i d e r s t h e t y p e a n d e x t e n t o f t h e p r o p o s e d a c t i v i t y , t h e d u r a t i o n an d t i m i n g o f t h e a c t i v i t y , t h e s e n s i t i v i t y a n d h a b i t u a t i o n o f t h e o w l s , a n d t h e d i s s i m i l a r i t y of t h e p r o p o s e d a c t i v i t y w i t h b a c k g r o u n d a c ti v i t i e s ) s h a l l b e i m p l e m e n t e d t o e n c o u r a g e ow l s t o m o v e a w a y f r o m t h e w o r k a r e a p r i o r t o c o n s t r u c t i o n a n d t o m i n i m i z e t h e p o t e n t i a l to a f f e c t t h e r e p r o d u c t i v e s u c c e s s o f t h e o w ls . T h e e x c l u s i o n p l a n s h a l l b e s u b j e c t t o Ca l i f o r n i a F i s h & W i l d l i f e a p p r o v a l a n d m o n i t o r i n g r e q u i r e m e n t s . C o m p e n s a t o r y mi t i g a t i o n c o u l d a l s o b e r e q u i r e d e i t h e r b y C a l i f o r n i a F i s h & W i l d l i f e a s p a r t o f t h e ap p r o v a l o f a n e x c l u s i o n p l a n . M i t i g a t i o n m a y i n c l u d e t h e p e r m a n e n t p r o t e c t i o n o f h a b i t a t at a n e a r b y o f f - s i t e l o c a t i o n a c c e p t a b l e t o t h e C a l i f o r n i a D e p t . o f F i s h & W i l d l i f e . BI O - 4 B i o l o g i c a l R e s o u r c e s . Co n s t r u c t i o n o f t h e p r o p o s e d pr o j e c t c o u l d i m p a c t n e s t i n g bi r d s o n a n d i m m e d i a t e l y ad j a c e n t t o t h e s i t e SM - B I O - 4 : P r o j e c t c o n t r a c t o r s s h a l l a v o i d c o n s tr u c t i o n a c t i v i t i e s d u r i n g t h e b i r d n e s t i n g se a s o n ( F e b r u a r y 1 t h r o u g h A u g u s t 3 1 ) . I f co n s t r u c t i o n a c t i v i t i e s a r e s c h e d u l e d d u r i n g t h e ne s t i n g s e a s o n , a q u a l i f i e d b i o l o g i s t s h a l l c o n d u c t at l e a s t t h r e e s u r v e y s o f t h e s i t e t o d e v e l o p a ba s e l i n e o f n e s t i n g a c t i v i t y o n a n d a d j a c e n t t o t h e p r o j e c t s i t e . D e p e n d i n g o n t h e c o n s t r u c t i o n sc h e d u l e , p r e c o n s t r u c t i o n s u r v e y s s h a l l b e i n i t i a te d p r i o r t o t h e p l a n n e d c o n s t r u c t i o n a c t i v i t y to a l l o w a d e q u a t e t i m e f o r t h e m u l t i p l e s i t e vi s i t s ( e . g . , f o r c o n s t r u c t i o n a c t i v i t i e s p l a n n e d f o r mi d - M a y , t h e f i r s t s u r v e y s h o u l d b e c o n d u c t e d i n m i d - M a r c h , t h e s e c o n d i n m i d - A p r i l , a n d th e t h i r d i n e a r l y M a y ) . A l l t r e e s , s h r u b s , o r o t he r s u i t a b l e n e s t i n g h a b i t a t w i t h i n 2 5 0 f e e t o f th e p r o j e c t s i t e s h a l l b e s e a r c h e d f o r n e s t s b y a q u a l i f i e d b i o l o g i s t d u r i n g t h e p r e c o n s t r u c t i o n su r v e y . T h e f i n a l p r e c o n s t r u c t i o n su r v e y s h a l l b e c o n d u c t e d n o m o re t h a n 1 4 d a y s p r i o r t o t h e st a r t o f w o r k . I f t h e s u r v e y in d i c a t e s t h e p r e s e n c e o f n e s t i n g b i r d s , p r o t e c t i v e b u f f e r z o n e s sh a l l b e e s t a b l i s h e d a r o u n d t h e n e s t s a s f o l l o w s : f o r r a p t o r n e s t s , t h e s i z e o f t h e b u f f e r z o n e sh a l l b e a m i n i m u m 2 5 0 - f o o t r a d i u s c e n t e r e d o n t h e n e s t ; f o r o t h e r b i r d s , t h e s i z e o f t h e b u f f e r zo n e s h a l l b e a 5 0 - f o o t r a d i u s c e n t e r e d o n t h e n e s t . I n s o m e c a s e s , t h e s e b u f f e r s m a y b e in c r e a s e d o r d e c r e a s e d d e p e n d i n g o n t h e b i r d sp e c i e s a n d t h e l e v e l o f d i s t u r b a n c e t h a t w i l l oc c u r n e a r t h e n e s t . C h a n g e s t o t h e b u f f e r s h o u l d b e m a d e b y t h e p r o j e c t b i o l o g i s t i n co n s u l t a t i o n w i t h C a l i f o r n i a D e p a r t m e n t o f F i s h & W i l d l i f e . Less than significant VI S - 1 Vi s u a l R e s o u r c e s . Th e pr o p o s e d p r o j e c t w o u l d in c l u d e n e w s o u r c e s o f l i g h t SM - V I S - 1 : A s p a r t o f t h e B u i l d i n g P e r m i t s u b m i t t a l , t h e p r o j e c t d e v e l o p e r s h a l l s u b m i t l i g h t i n g de t a i l s a n d a p h o t o m e t r i c p l a n t o t h e C i t y o f D u b l i n f o r r e v i e w a n d a p p r o v a l . A t m i n i m u m , t h e su b m i t t a l s h a l l i n c l u d e : Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 3 2 Ci t y o f D u b l i n October 2013 in t h i s p o r t i o n o f D u b l i n , in c l u d i n g b u t n o t l i m i t e d t o pa r k i n g l o t l i g h t i n g , l i g h t e d ex t e r i o r s i g n s , b u i l d i n g s i g n s an d s e c u r i t y l i g h t i n g a) A l i g h t i n g p l a n i l l u s t r a t i n g t h e a p p r o x i m a t e l o c a t i o n o f a l l e x t e r i or l i g h t f i x t u r e s t o b e p l a c e d th e p r o j e c t s i t e . b) D e s i g n d e t a i l s f o r c u t - o f f l e n s e s o n t h e f i x t u r e s o r o t h e r s i m i l a r t e c h n i q u e s t o d i r e c t e d l i g h t t o th e i n t e n d e d a r e a o f i l l u m i n a t i o n a n d t o p r e v e n t o f f - s i t e g l a r e i m p a c t s o n p r o j e c t s i t e a n d ad j a c e n t b u i l d i n g s a n d p r o p e r t i e s . c) A p h o t o m e t r i c p l a n d e m o n s t r a t i n g l i g h t i n g l e v e l s r e q u i r e d t o p r o v i d e a d e q u a t e s a f e t y a n d se c u r i t y o n s i t e a n d a l s o d e m o n s t r a t i n g t h a t li g h t w i l l n o t s p i l l o v e r t h e s i t e o n t o a d j a c e n t st r e e t s o r p r o p e r t i e s . NO I S E - 1 No i s e . Th e o p e r a t i o n o f t h e pr o j e c t c o u l d i n c r e a s e am b i e n t n o i s e l e v e l s a t ne a r b y n o i s e - s e n s i t i v e l a n d us e s SM - N O I S E - 1 : T h e f i n a l d e s i g n a n d l o c a t i o n o f p r oj e c t m e c h a n i c a l e q u i p m e n t s h a l l b e re v i e w e d b y a q u a l i f i e d a c o u s t i c a l c o n s u l t a n t t o c o n f i r m t h a t o p e r a t i o n a l n o i s e l e v e l s w o u l d no t e x c e e d 5 4 d B A L eq a t n e a r b y n o i s e s e n s i t i v e l a n d u s e s . I f n e e d e d , t h e f i n a l d e s i g n a n d lo c a t i o n o f m e c h a n i c a l e q u i p m e n t s h a l l b e m o d i f i e d t o c o n f o r m w i t h n o i s e p a r a m e t e r s s e t fo r t h i n t h i s a n a l y s i s . Less than significant AQ - 1 Ai r Q u a l i t y . M i n i m i z i n g fu g i t i v e d u s t f r o m co n s t r u c t i o n s i t e s SM - A Q - 1 : T h e p r o j e c t a p p l i c a n t s h a l l a d h e r e t o th e f o l l o w i n g d u s t c o n t r o l m e a s u r e s , w h i c h sh a l l r e p l a c e t h o s e i n c l u d e d i n E D S P E I R M i t i g a t i o n M e a s u r e 3 . 1 1 / 1 . 0 : a) A l l e x p o s e d s u r f a c e s ( e . g . , p a r k i n g a r e a s , st a g i n g a r e a s , s o i l p i l e s , g r a d e d a r e a s , a n d un p a v e d a c c e s s r o a d s ) s h a l l b e w a t e r e d t w o t i m e s p e r d a y . b) A l l h a u l t r u c k s t r a n s p o r t i n g s o i l , s a n d , o r o t h e r l o o s e m a t e r i a l o f f - s i t e s h a l l b e c o v e r e d . c) A l l v i s i b l e m u d o r d i r t t r a c k - o u t o n t o a d j a c e n t p u b l i c r o a d s s h a l l b e r e m o v e d u s i n g w e t po w e r v a c u u m s t r e e t s w e e p e r s at l e a s t o n c e p e r d a y . T h e u s e o f d r y p o w e r s w e e p i n g i s pr o h i b i t e d . d) A l l v e h i c l e s p e e d s o n u n p a v e d r o a d s s h a l l b e l i m i t e d t o 1 5 m p h . e) A l l r o a d w a y s , d r i v e w a y s , a n d s i d e w a l k s t o b e p a v e d s h a l l b e c o m p l e t e d a s s o o n a s po s s i b l e . B u i l d i n g p a d s s h a l l b e l a i d a s s o o n a s p o s s i b l e a f t e r g r a d i n g u n l e s s s e e d i n g o r so i l b i n d e r s a r e u s e d . f) I d l i n g t i m e s s h a l l b e m i n i m i z e d e i t h e r b y s h u t t i n g e q u i p m e n t o f f w h e n n o t i n u s e o r re d u c i n g t h e m a x i m u m i d l i n g t i m e t o 5 m i n u t e s ( a s r e q u i r e d b y t h e C a l i f o r n i a a i r b o r n e to x i c s c o n t r o l m e a s u r e T i t l e 1 3 , S e c t i o n 2 4 8 5 of C a l i f o r n i a C o d e o f R e g u l a t i o n s [ C C R ] ) . Cl e a r s i g n a g e s h a l l b e p r o v i d e d f o r c o ns t r u c t i o n w o r k e r s a t a l l a c c e s s p o i n t s . g) A l l c o n s t r u c t i o n e q u i p m e n t s h a l l b e m a i n t a i n e d a n d p r o p e r l y t u n e d i n a c c o r d a n c e w i t h ma n u f a c t u r e r ’ s s p e c i f i c a t i o n s . A l l e q u i p m e n t s h a ll b e c h e c k e d b y a c e r t i f i e d m e c h a n i c a n d de t e r m i n e d t o b e r u n n i n g i n p r o p e r c o n d i t i o n p r i o r t o o p e r a t i o n . h) P o s t a p u b l i c l y v i s i b l e s i g n w i t h t h e t e l e p h o n e n u m b e r a n d p e r s o n t o c o n t a c t a t t h e L e a d Ag e n c y r e g a r d i n g d u s t c o m p l a i n t s . T h i s p e r s o n s h a l l r e s p o n d a n d t a k e c o r r e c t i v e a c t i o n wi t h i n 4 8 h o u r s . T h e A i r D i s t r i c t ’ s p h o n e nu m b e r s h a l l a l s o b e v i s i b l e t o e n s u r e co m p l i a n c e w i t h a p p l i c a b l e r e g u l a t i o n s . Less than significant AQ - 1 2 Ai r Q u a l i t y . T h e p r o j e c t wo u l d r e s u l t i n a cu m u l a t i v e l y c o n s i d e r a b l e n e t in c r e a s e o f c r i t e r i a p o l l u t a n t s SM - A Q - 2 : I m p l e m e n t S M - T R - 1 i n a d d i t i o n t o t h e f o l l o w i n g : Th e C i t y s h a l l r e q u i r e t h e f o l l o w i n g a d d i t i o n a l m e a s u r e s t o r e d u c e o v e r a l l v e h i c l e - r e l a t e d em i s s i o n s : a. P r o v i d e s h a d i n g i n t h e p a r k i n g l o t , t o t h e ma x i m u m e x t e n t p o s s i b l e , t o r e d u c e e v a p o r a t i v e Less than significant Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 3 3 Ci t y o f D u b l i n October 2013 fo r w h i c h t h e p r o j e c t r e g i o n is n o n - a t t a i n m e n t u n d e r ap p l i c a b l e F e d e r a l o r S t a t e am b i e n t a i r q u a l i t y s t a n d a r d s (i n c l u d i n g r e l e a s i n g em i s s i o n s w h i c h e x c e e d qu a n t i t a t i v e t h r e s h o l d s f o r oz o n e p r e c u r s o r s ) RO G e m i s s i o n s ; a n d b. P r o v i d e a p p r o p r i a t e e l e c t r i c a l o u t l e t s a n d s i g n a g e t o r e d u c e t r u c k i d l i n g a n d u s e o f m o b i l e re f r i g e r a t i o n u n i t s t h a t a r e p o w e r e d b y d i e s e l f u e l . Th e p r o j e c t a p p l i c a n t s h a l l r e d u c e f u t u r e e m p l oy e e t r i p s b y 2 5 p e r c e n t t h r o u g h a T r a f f i c De m a n d M a n a g e m e n t ( T D M ) p r o g r a m a p p r o v e d b y t h e C i t y a n d i n c l u d i n g , b u t n o t l i m i t e d t o , th e f o l l o w i n g m e a s u r e s : a. A p p o i n t a C o m m u t e C o o r d i n a t o r ; b. P r o m o t e a n d d i s t r i b u t e h a r d c o p y i n f o r m a t i o n q u a r t e r l y t o a l l e m p l o y e e s o n 5 1 1 . o r g ; c. P r o v i d e r i d e s h a r e p r o g r a m s , s u c h a s R i d e m a t c h , G u a r a n t e e d R i d e H o m e , Wh e e l s / L A V T A , s h u t t l e s t o r e g i o n a l t r a n s i t , a n d C i t y C a r S h a r e ; d. P r o m o t e a n d d i s t r i b u t e i n f o r m a t i o n o n i m p l e m e n t e d m e a s u r e s b y q u a r t e r l y e m a i l b l a s t by p r o j e c t s p o n s o r o r C o m m u t e C o o r d i n a t o r d e s i g n e e ; e. C o - s p o n s o r s u b a r e a t r a n s p o r t a t i o n f a i r o n c e a y e a r w i t h K e n t P r o p e r t y . I n v i t e W h e e l s , 51 1 . o r g , a n d a t l e a s t t w o o t h e r c o m m u t e a lt e r n a t i v e s e r v i c e p r o v i d e r s t o a t t e n d , a n d di s t r i b u t e c o m m u t e a l t e r n a t i v e i n f o r m a t i o n ; f. P r o v i d e b i c y c l e p a r k i n g f a c i l i t i e s f o r 2 0 p e r c en t o f c a r s p a c e s o r a n u m b e r a p p r o v e d b y th e C i t y ; g. P r o v i d e s e c u r e b i c y c l e p a r k i n g ( l o c k e r s o r c a g e s ) f o r e m p l o y e e s ; h. J o i n C i t y C a r S h a r e a s a “ B i z P r i m e ” m e m b er a n d p a y f o r m e m b e r s h i p o f a m i n i m u m o f 5 p e r c e n t o f e m p l o y e e s ; i. I m p l e m e n t a B A R T s u b s i d y p r o g r a m t h a t w o ul d p r o v i d e B A R T t i c k e t s a t n o c o s t o r a su b s i d i z e d r a t e t o a l l e m p l o y e e s ; j. I m p l e m e n t a C o m m u t e r T a x B e n e f i t P r o g r a m ( e . g . , W a g e W o r k s ) o r e q u i v a l e n t ; k. P r o v i d e p r e f e r e n t i a l p a r k i n g f o r c a r p o o l s a n d v a n p o o l s a s p a r t o f o f f - s t r e e t p a r k i n g re q u i r e m e n t s . AQ - 2 3 Ai r Q u a l i t y . T h e p r o j e c t wo u l d r e s u l t i n a v i o l a t i o n o f re g i o n a l a i r q u a l i t y s t a n d a r d an d w o u l d c o n t r i b u t e su b s t a n t i a l l y t o a n e x i s t i n g o r pr o j e c t e d a i r q u a l i t y vi o l a t i o n . SM - A Q - 2 3 : I m p l e m e n t S M - A Q - 2 . Significant and Unavoidable AQ - 3 4 Ai r Q u a l i t y . T h e p r o j e c t wo u l d c o n f l i c t w i t h t h e re g i o n a l C l e a n A i r P l a n . SM - A Q - 3 4 : I m p l e m e n t S M - A Q - 2 . Significant and Unavoidable AQ - 4 5 Ai r Q u a l i t y . T h e p r o j e c t wo u l d g e n e r a t e g r e e n h o u s e ga s e m i s s i o n s , b o t h d i r e c t l y an d i n d i r e c t l y , t h a t w o u l d ha v e a s i g n i f i c a n t i m p a c t o n SM - A Q - 3 5 : T h e f i n a l d e s i g n o f t h e p r o j e c t s h a l l i n cl u d e a l l r e q u i r e m e n t s of t h e C i t y C l i m a t e Ac t i o n P l a n , i n c l u d i n g p o l i c i e s A . 1 . 4 , A . 1 . 5 , A . 1 . 8, A . 1 . 9 , A . 3 . 4 , a n d A . 3 . 6 . I n a d d i t i o n , t h e pr o j e c t p r o p o n e n t i s e n c o u r a g e d t o p a r t i c i p a t e i n s u b s i d y p r o g r a m s s u c h a s C l i m a t e A c t i o n Pl a n p o l i c e s A . 2 . 4 a n d A . 3 . 5 . Significant and Unavoidable Th e V i l l a g e a t D u b l i n F i n a l S up p l e m e n t a l E I R P a g e 3 4 Ci t y o f D u b l i n October 2013 th e e n v i r o n m e n t a n d w o u l d co n f l i c t w i t h a n a p p l i c a b l e pl a n , p o l i c y , o r r e g u l a t i o n ad o p t e d f o r t h e p u r p o s e o f re d u c i n g t h e e m i s s i o n s o f gr e e n h o u s e g a s e s HA Z - 1 Ha z a r d s . P r o p o s e d s i t e gr a d i n g a c t i v i t i e s a n d r e l a t e d di s t u r b a n c e o f s i t e s o i l s c o u l d re l e a s e i d e n t i f i e d d e p o s i t s o f re s i d u a l h y d r o c a r b o n s a n d ot h e r c o n t a m i n a n t s i n t o t h e en v i r o n m e n t , p o s s i b l y ex p o s i n g c o n s t r u c t i o n wo r k e r s a n d v i s i t o r s d u r i n g co n s t r u c t i o n . SM - H A Z - 1 : C o n t a m i n a t e d s o i l s s h a l l b e r e m e d i a t e d p r i o r t o i s s u a n c e o f a g r a d i n g p e r m i t . An y s o i l r e m o v e d f r o m t h e s i t e s h a l l b e t e s t e d t o d e t e r m i n e t h e a p p r o p r i a t e r e c i p i e n t s i t e , wh i c h c o u l d i n c l u d e a c e r t i f i e d ha z a r d o u s m a t e r i a l s l a n d f i l l f ac i l i t y . D o c u m e n t a t i o n o f t h e wo r k e r s a f e t y p l a n s s h a l l b e p r e p a r e d a n d s u b m it t e d t o a p p r o p r i a t e r e g u l a t o r y a g e n c i e s i s s u i n g pe r m i t s . T h e a p p l i c a n t s h a l l o b t a i n n e c e s s a r y p e r m i t s f r o m t h e C a l i f o r n i a D e p a r t m e n t o f To x i c S u b s t a n c e s C o n t r o l , A l a m e d a C o u n t y H e a l t h D e p a r t m e n t o r o t h e r s . Less than significant HA Z - 2 Ha z a r d s . I f r e q u i r e d , co n s t r u c t i o n d e w a t e r i n g ac t i v i t i e s c o u l d r e l e a s e id e n t i f i e d a c c u m u l a t i o n s o f re s i d u a l h y d r o c a r b o n s , so l v e n t s , a n d o t h e r co n t a m i n a n t s i n t o t h e en v i r o n m e n t , p o s s i b l y ex p o s i n g c o n s t r u c t i o n wo r k e r s , a n d s u r r o u n d i n g re s i d e n t s a n d v i s i t o r s d u r i n g co n s t r u c t i o n . SM - H A Z - 2 : I f c o n s t r u c t i o n d e w a t e r i n g i s n e c e s s a r y , t h e a p p r o p r i a t e p e r m i t s h a l l b e o b t a i n e d fr o m t h e R e g i o n a l W a t e r Q u a l i t y C o n t r o l B o a r d ( R W Q C B ) , D u b l i n S a n R a m o n S e r v i c e s Di s t r i c t , o r o t h e r a g e n c y w i t h j u r i s d i c t i o n , i f t h e w a t e r i s t o b e d i s c h a r g e d i n t o a s t o r m o r sa n i t a r y s e w e r s y s t e m . G r o u n d w a t e r r e m o v e d d u ri n g c o n s t r u c t i o n d e w a t e r i n g s h a l l b e t r e a t e d to t h e e x t e n t r e q u i r e d b y t h e p e r m i t a g e n c y p r i o r t o d i s c h a r g e . A c o n s t r u c t i o n d e w a t e r i n g p l a n sh a l l b e p r e p a r e d a n d s u b m i t t e d w i t h t h e d e w a t e r i n g p e r m i t a p p l i c a t i o n . R e u s e o f g r o u n d w a t e r as a n o n - s i t e d u s t p a l l i a t i v e o r f o r s o i l c o m p a c t i o n i s a c c e p t a b l e i f r e q u i s i t e t e s t i n g a n d co m p a r i s o n t o C A L - E P A s c r e e n i n g t h r e s h o l d s in d i c a t e t h a t t h e g r o u n d w a t e r i s s u i t a b l e f o r re u s e . I f r e u s e i s n o t p o s s i b l e , c o n t a m i n a t e d w a t e r s h a l l b e s a f e l y r e m o v e d t o a n a p p r o v e d s i t e . Less than significant The Village at Dublin Final Supplemental EIR Page 35 City of Dublin October 2013 ATTACHMENT B: Wetland Delineation EXHIBIT B FINDINGS CONCERNING SIGNIFICANT SUPPLEMENTAL IMPACTS AND MITIGATION MEASURES Pursuant to Public Resources Code section 21081 and CEQA Guidelines section 15091, the City Council hereby makes these findings with respect to the potential for significant environmental impacts from adoption and implementation of The Village at Dublin Retail Center PLPA-2012- 00031 (“Project”), and means for mitigating those impacts. For the purpose of these findings, the term “SEIR” means the Draft and Final SEIR documents collectively, unless otherwise specified. These findings do not attempt to describe the full analysis of each environmental impact contained in the SEIR. Instead, the findings provide a summary description of each impact, describe the applicable mitigation measures identified in the SEIR and adopted by the City, and state the findings on the significance of each impact after imposition of the adopted mitigation measures. A full explanation of these environmental findings and conclusions can be found in the SEIR, and these findings hereby incorporate by reference the discussion and analysis in those documents supporting the SEIR’s determinations regarding mitigation measures and the Project’s impacts and mitigation measures designed to address those impacts. The facts supporting these findings are found in the record as a whole for the Project. In making these findings, the City ratifies, adopts, and incorporates into these findings the analysis and explanation in the SEIR, and ratifies, adopts, and incorporates into these findings the determinations and conclusions of the SEIR relating to environmental impacts and mitigation measures, except to the extent that any such determinations and conclusions are specifically and expressly modified by these findings. The Project also is subject to applicable mitigation measures in the certified Eastern Dublin Specific Plan EIR (SCH: 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereinafter “EDSP EIR”) as described in the Initial Study and SEIR. The City already made findings relating to those impacts and mitigation measures as part of its certification of the EDSP EIR and approval of the Eastern Dublin Specific Plan in Resolution 51-93. Therefore, findings relating to these already-adopted mitigation measures are not made in these findings. SUPPLEMENTAL IMPACTS ON TRAFFIC Supplemental Impact TR-1. Under the Short-Term Cumulative Conditions, the intersection of Dublin Boulevard and Dougherty Road would operate at LOS D during the p.m. peak hour. The addition of Project traffic would degrade the intersection LOS to unacceptable LOS E. Supplemental Mitigation Measure(s): SM-TR-1: The project applicant shall work with the City to develop key elements of a Transportation Demand Management (TDM) plan, which shall be prepared by the Developer 1 and approved by the City prior to the issuance of the first building permit. The TDM plan should include, but not be limited to, the following measures: a. Appoint Commute Coordinator (coordinates information distribution). b.Promote and distribute hard copy information quarterly to all employees regarding 511, Ridematch, Guaranteed Ride Home Program, Wheels/LAVTA, shuttles to regional transit, and any existing City CarShare programs. c. Distribute information quarterly regarding above by email blast to all employees. d.Co-sponsor subarea transportation fair once a year with “The Green” property to the south. Invite Wheels, 511.org, and at least two other commute alternative service providers to attend and distribute commute alternative information. Provide refreshments to participants. e.Provide bicycle parking facilities for 10% of car spaces or a number approved by the City. f.Provide secured bicycle parking (lockers or cages) for employees. g.Join City Car Share as a “Biz Prime” member and pay for membership of a minimum of 5% employees. h.Implement a BART subsidy program that would provide BART tickets at no cost or subsidized rate to all employees. i.Implement a Commuter Tax Benefit Program or equivalent. Under Section 132(F) of federal tax code, an employer can offer its employees up to $230 per month for qualified transit, vanpool or parking costs. Or, an employer may offer $20 per month for bicycling costs. Full information is available at: http://rideshare.511.org/rewards/tax_benefits.aspx j. Provide preferential parking for carpools and vanpools as part of off-street parking requirements. Net Supplemental Impact After Mitigation: Significant and Unavoidable Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: Even though such TDM measures collectively have the potential to reduce traffic volumes and thereby improve the intersection delay levels, it is not guaranteed that these measures would reduce the impacts to less than significant. No additional feasible mitigation measures have been identified for the Project (see Exhibit C). The impact is significant and unavoidable and a Statement of Overriding Considerations is required in conjunction with approval of the Project. Supplemental Impact TR-2. Under the Short-Term Cumulative Conditions, the intersection of Dublin Boulevard and Tassajara Road would operate at unacceptable LOS E during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. 2 Supplemental Mitigation Measure(s): SM-TR-2: At the intersection of Dublin Boulevard and Tassajara Road, the mitigation measure required to reduce average delay to no greater than conditions without the project is to add a third eastbound through lane on Dublin Boulevard. One additional 200-foot-long receiving lane with 600-foot-long taper would need to be added on the east leg of the intersection on eastbound Dublin Boulevard accordingly. This improvement would require widening Dublin Boulevard by approximately 12 feet for 800 feet east of the intersection along the south side of Dublin Boulevard. The Developer/Applicant is required to pay TIF fees to help fund this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the intersection level of service would improve to acceptable LOS D during the p.m. peak hour under the Short-Term Cumulative plus Project Conditions. Therefore, after applying the mitigation measure, the impact would be less than significant. Supplemental Impact TR-3. Under the Long-Term Cumulative Conditions, the intersection of Dougherty Road and Scarlett Drive would operate at unacceptable LOS F during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hours. Supplemental Mitigation Measure(s): SM-TR-3: At the intersection of Dougherty Road and Scarlett Drive, the mitigation measure required to reduce average delay to no greater than conditions without the project is to change the signal phasing for the westbound right turn movement from permissive to permissive plus a right-turn arrow signal overlap with the southbound left-turn arrow. This improvement would require restriction of U-turn movements for the southbound Dougherty Road traffic. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the intersection level of service would improve to LOS D during the p.m. peak hour under the Long-Term Cumulative plus Project Conditions. Therefore, after applying the mitigation measure, the impact would be less than significant. 3 Supplemental Impact TR-4. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Dougherty Road would operate at unacceptable LOS E during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Mitigation Measure(s): SM-TR-4: Implement SM-TR-1. Net Supplemental Impact After Mitigation: Significant and Unavoidable Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: Even though such TDM measures collectively have the potential to reduce traffic volumes and thereby improve the intersection delay levels, it is not guaranteed that these measures would reduce the impacts to less than significant. No additional feasible mitigation measures have been identified for the Project (see Exhibit C). The impact is significant and unavoidable and a Statement of Overriding Considerations is required in conjunction with approval of the Project. Supplemental Impact TR-5. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Scarlett Drive would operate at unacceptable LOS E during both a.m. and p.m. peak hours. In addition, the Project would add more than 50 peak hour trips to the intersection during both a.m. and p.m. peak hours. Supplemental Mitigation Measure(s): SM-TR-5: At the intersection of Dublin Boulevard and Scarlett Drive, there is a significant impact from the Dublin Crossing project according to the Dublin Crossing Specific Plan EIR (“DCSP EIR”). In the DSCP EIR, the recommended measure to mitigate the impacts at the intersection of Scarlett Drive and Dublin Boulevard due to the high rate of pedestrians/bicyclists crossing at Dublin Boulevard is a grade separated crossing. The grade separated crossing would eliminate the need for at-grade pedestrian actuations at the traffic signal, which would allow more green time to be allocated to through traffic on Dublin Boulevard. Although the Dublin Crossings project has not been environmentally cleared, nor has engineering or right of way analysis been completed with regards to the feasibility of this improvement, the City is aggressively pursuing this project to improve pedestrian and bicycle mobility along the Iron Horse Trail. The City also plans to include a grade separated crossing at this location in its update to the TIF program to secure project funding. Because the separated bridge has not yet been environmentally cleared, and to ensure that the impacts are adequately mitigated, the Applicant/Developer is required to provide a fair-share contribution for the 4 alternative mitigation of removing the crosswalk on the east leg of the Scarlett Drive and Dublin Boulevard intersection. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: The implementation of the supplemental mitigation will result in pedestrians and bicyclists to cross three crosswalks to traverse the intersection. although this is not the preferred mitigation, bicyclists and pedestrians will still be able to cross the intersection, and, therefore, the impact is less than significant. Supplemental Impact TR-6. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and DeMarcus Boulevard would operate at unacceptable LOS E during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Mitigation Measure(s): SM-TR-6: At the intersection of Dublin Boulevard and DeMarcus Boulevard, the mitigation measure required to reduce average delay to no greater than conditions without the project is to re-stripe the westbound approach on Dublin Boulevard from one left turn lane, three through lanes and one right turn lane, to one left turn lane, three through lanes and one shared through/right turn lane. One additional 200-foot-long westbound receiving lane with 600-foot- long taper would need to be added on the west leg of the intersection on Dublin Boulevard accordingly. The improvement would require widening Dublin Boulevard by approximately 12 feet for 800 feet on the west leg of the intersection along the north side of Dublin Boulevard. It would also require relocation of the bike lane along the north side of Dublin Boulevard. In addition, it would require realignment of travel lanes through the intersection. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the intersection level of service would improve to LOS C during the p.m. peak hour under the Long-Term Cumulative plus Project Conditions. Therefore, after applying the mitigation measure, the impact would be less than significant. Supplemental Impact TR-7. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Iron Horse Parkway would operate at unacceptable LOS F during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. 5 Supplemental Mitigation Measure(s): SM-TR-7: At the intersection of Dublin Boulevard and Iron Horse Parkway, the necessary mitigation measure is to add a second northbound left turn lane, resulting in two left turn lanes and a shared through-right lane on the northbound approach. Both northbound left turn lanes on Iron Horse Parkway would need to be 400 feet long. This improvement would require the removal of parking on the east side of Iron Horse Parkway, traffic signal modifications, and changing the travel lane configuration and alignment to create one 16-foot wide southbound receiving lane on Iron Horse Parkway, two 10-foot wide northbound left turn lanes on Iron Horse Parkway; and one 14-foot wide northbound shared through-right turn lane. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the intersection level of service would remain LOS F, but with the overall intersection delay reduced to less than the Long-Term Cumulative Conditions during the p.m. peak hour. Therefore, after applying the mitigation measure, the impact would be less than significant. Supplemental Impact TR-8. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Arnold Road would operate at unacceptable LOS E during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Mitigation Measure(s): SM-TR-8: At the intersection of Dublin Boulevard and Arnold Road, the mitigation measure required to reduce average delay to no greater than conditions without the project is to re-stripe the northbound approach from two left turn lanes, one shared through/right turn lane and one right turn lane, to two left turn lanes, one through lane and one right turn lane. In addition, the signal phasing for the northbound right turn and southbound right turn need to be changed from permissive to permissive plus right-turn arrow signal overlaps with the westbound and eastbound left-turn arrows, respectively. This improvement would require restriction of U-turn movements for the eastbound and westbound traffic. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. 6 Rationale for Finding: With the supplemental mitigation measure, the intersection level of service would remain LOS E during the p.m. peak hour, but with the overall intersection delay reduced to less than the Long-Term Cumulative Conditions during the p.m. peak hour. Therefore, after applying the mitigation measure, the impact would be less than significant. Supplemental Impact TR-9. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Hacienda Drive would operate at unacceptable LOS F during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Mitigation Measure(s): SM-TR-9: At the intersection of Dublin Boulevard and Hacienda Drive, the necessary mitigation measure is to re-stripe the northbound approach from three left turn lanes, three through lanes and one right turn lane, to three left turn lanes, two through lanes and two right turn lanes. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the intersection level of service would remain LOS F, but with the overall intersection delay reduced to less than the Long-Term Cumulative Conditions during the p.m. peak hour. Therefore, after applying the mitigation measure, the impact would be less than significant. Supplemental Impact TR-10: Under the Long-Term Cumulative Conditions, the intersection of Hacienda Drive and Hacienda Crossings would operate at unacceptable LOS E during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Mitigation Measure(s): SM-TR-10: At the intersection of Hacienda Drive and Martinelli Way – Hacienda Crossings, the mitigation measure required to reduce average delay to no greater than conditions without the project is to re-stripe the eastbound approach from one left turn lane, one shared through/right turn lane and two right turn lanes, to two left turn lanes, one through lane and one right turn lane. In addition, the signal phasing for the eastbound right-turn needs to be changed from permissive to permissive plus a right-turn arrow signal overlap with the northbound left-turn arrow. Also, the phasing for the eastbound-westbound left-turn arrow signals shall be set up as a lead-lag sequence so the conflicting left-turn paths do not operate simultaneously. This improvement shall include restriction of U-turn movements for northbound traffic. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. 7 Net Supplemental Impact After Mitigation: Less than significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the intersection level of service would remain LOS E during the p.m. peak hour, but with the overall intersection delay reduced to less than the Long-Term Cumulative Conditions during the p.m. peak hour. Therefore, after applying the mitigation measure, the impact would be less than significant. Supplemental Impact TR-11. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Myrtle Drive/Toyota Drive would operate at unacceptable LOS E during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Mitigation Measure(s): SM-TR-11: Implement SM-TR-1. Net Supplemental Impact After Mitigation: Significant and Unavoidable Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: Even though such TDM measures collectively have the potential to reduce traffic volumes and thereby improve the intersection delay levels, it is not guaranteed that these measures would reduce the impacts to less than significant. No additional feasible mitigation measures have been identified for the Project (see Exhibit C). The impact is significant and unavoidable and a Statement of Overriding Considerations is required in conjunction with approval of the Project. Supplemental Impact TR-12. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Tassajara Road would operate at unacceptable LOS F during the p.m. peak hour. In addition, the Project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Mitigation Measure(s): SM-TR-12: At the intersection of Dublin Boulevard and Tassajara Road, the necessary mitigation measure is to add a fourth eastbound through lane on Dublin Boulevard. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. 8 Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the intersection level of service would remain LOS F, but the overall intersection delay would be reduced to less than the Long-Term Cumulative Conditions during the p.m. peak hour. Therefore, after applying the mitigation measure, the impact would be less than significant. Supplemental Impact TR-13. Under Short-Term Cumulative plus Project Conditions at the intersection of Dublin Boulevard and Dougherty Road during the p.m. peak hour, Project traffic would lengthen the southbound left-turn queue by more than 25 feet, where the vehicle queue already exceeds the turn pocket length under the Short-Term Cumulative Conditions. Supplemental Mitigation Measure(s): SM-TR-13: At the intersection of Dublin Boulevard and Dougherty Road, the mitigation measure to reduce this queuing impact would require changing signal timing by shifting 2 seconds of green time from the northbound through movement to the southbound left-turn movement. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the southbound left-turn queue would reduce to 327 feet during the p.m. peak hour under Short-Term plus Project Conditions. This queue would still exceed the turn pocket, but the Project traffic would lengthen the queue by less than 25 feet. Therefore, after applying the mitigation measure, the impact would be less than significant. Supplemental Impact TR-14. Under Short-Term Cumulative plus Project Conditions at the intersection of Dublin Boulevard and Arnold Road during the p.m. peak hour, Project traffic would lengthen the eastbound left-turn queue by more than 25 feet, where the vehicle queue already exceeds the turn pocket length under the Short-Term Cumulative Conditions. Supplemental Mitigation Measure(s): SM-TR-14: At the intersection of Dublin Boulevard and Arnold Road, a mitigation measure is recommended for the intersection LOS significant impact under Long-Term Cumulative plus Project Conditions (Supplemental Mitigation Measure TR-8). However, this mitigation measure 9 would not reduce the eastbound left-turn queue. The required mitigation measure for this impact is to add a second eastbound left-turn lane with the same storage length as the existing eastbound left-turn lane, and a second northbound receiving lane. This improvement would require reducing the existing median width to approximately a minimum of four feet, and relocating the lighting poles and the landscaping in the median, similar to the existing median configuration on the east side of the intersection that provides two westbound left-turn lanes. The Applicant/Developer is required to pay TIF fees to help fund this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the eastbound left-turn queue would be reduced to 175 feet per lane, which would be accommodated by the two eastbound left-turn lanes during the p.m. peak hour, under the Short-Term plus Project Conditions. Therefore, after applying the mitigation measure, this impact would be less than significant. Supplemental Impact TR-15. Under Short-Term Cumulative plus Project Conditions at the intersection of Dublin Boulevard and Tassajara Road during the p.m. peak hour, Project traffic would lengthen the eastbound left-turn queue by more than 25 feet, where the vehicle queue already exceeds the turn pocket length under the Short-Term Cumulative Conditions. Supplemental Mitigation Measure(s): SM-TR-15: At the intersection of Dublin Boulevard and Tassajara Road, mitigation measures are recommended for the intersection LOS significant impact under Short-Term Cumulative plus Project Conditions (Supplemental Mitigation Measure TR-2) and Long-Term Cumulative plus Project Conditions (Supplemental Mitigation Measure TR-12). However, these mitigation measures would not reduce the eastbound left-turn queue. The mitigation measure to reduce this queuing impact would require changing signal timing by increasing the total green time for the eastbound left-turn movement from 20 seconds to 30 seconds, which would increase the total cycle length from 160 seconds to 170 seconds. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the eastbound left-turn queue would be reduced to 414 feet per lane during the p.m. peak hour, under the Short-Term Cumulative plus Project Conditions. This queue would still exceed the turn pocket, but the 10 Project traffic would not lengthen the queue. Therefore, after applying the proposed mitigation measure, this impact would be less than significant. Supplemental Impact TR-16. Under Long-Term Cumulative plus Project Conditions at the intersection of Dublin Boulevard and Hacienda Drive during the p.m. peak hour, Project traffic would lengthen the eastbound left-turn queue by more than 25 feet, where the vehicle queue already exceeds the turn pocket length under the Long-Term Cumulative Conditions. Supplemental Mitigation Measure(s): SM-TR-16: At the intersection of Dublin Boulevard and Hacienda Drive, a mitigation measure is recommended for the intersection LOS significant impact under Long-Term Cumulative plus Project Conditions (Supplemental Mitigation Measure SM-TR-9). However, this mitigation measure would not reduce the eastbound left-turn queue. The mitigation measure to reduce this queuing impact would require changing signal timing by shifting 5 seconds of green time from the westbound through movement to the eastbound left-turn movement. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the eastbound left-turn queue would be reduced to 297 feet during the p.m. peak hour, under Long-Term plus Project Conditions. This queue would still exceed the turn pocket, but Project traffic would not lengthen the queue. Therefore, after applying the mitigation measure, the impact would be less than significant. Supplemental Impact TR-17. Under Long-Term Cumulative plus Project Conditions at the intersection of Hacienda Drive and Martinelli Way – Hacienda Crossings during the p.m. peak hour, Project traffic would lengthen the eastbound left-turn queue by more than 25 feet, where the vehicle queue already exceeds the turn pocket length under the Long-Term Cumulative Conditions. Supplemental Mitigation Measure(s): SM-TR-17: Implement SM-TR-10. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. 11 Rationale for Finding: With this supplemental mitigation measure, the eastbound left-turn queue would be reduced to 179 feet per lane during the p.m. peak hour under Long-Term plus Project Conditions, which would be less than the conditions without the Project. Therefore, after applying the proposed Supplemental Mitigation Measure TR-10, this impact would be less than significant. Supplemental Impact TR-18. Under Long-Term Cumulative plus Project Conditions at the intersection of Dublin Boulevard and Tassajara Road during the p.m. peak hour, Project traffic would lengthen the eastbound left-turn queue by more than 25 feet, where the vehicle queue already exceeds the turn pocket length under the Long-Term Cumulative Conditions. Supplemental Mitigation Measure(s): SM-TR-18: At the intersection of Dublin Boulevard and Tassajara Road, a mitigation measure is recommended for the intersection LOS significant impact under the Long-Term Cumulative plus Project Conditions (Supplemental Mitigation Measure SM-TR-12). However, this mitigation measure would not reduce the eastbound left-turn queue. The mitigation measure to reduce this queuing impact would require changing signal timing by increasing the total green time for the eastbound left-turn movement from 20 seconds to 30 seconds, which would increase the total cycle length from 160 seconds to 170 seconds. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental mitigation measure, the eastbound left-turn queue would reduce to 1,002 feet per lane during the p.m. peak hour under the Long-Term Cumulative plus Project Conditions. This queue would still exceed the turn pocket, but the Project traffic would not lengthen the queue. Therefore, after applying the proposed mitigation measure, this impact would be less than significant. Supplemental Impact TR-19. Under Long-Term Cumulative Conditions, Dublin Boulevard between Dougherty Road and Tassajara Road would operate at unacceptable LOS F for both directions during the p.m. peak hour. The addition of the Project would increase the segment v/c ratio by more than 0.02 for both directions. Supplemental Mitigation Measure(s): SM-TR-19: Implement SM-TR-1. Net Supplemental Impact After Mitigation: Significant and Unavoidable 12 Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: Even though such TDM measures collectively have the potential to reduce traffic volumes and thereby improve the intersection delay levels, it is not guaranteed that these measures would reduce the impacts to less than significant. No additional feasible mitigation measures have been identified for the Project (see Exhibit C). The impact is significant and unavoidable and a Statement of Overriding Considerations is required in conjunction with approval of the Project. Supplemental Impact TR-20. During construction of the Project, heavy truck trips generated by hauling materials to and from the site could impact traffic conditions on some local roadways during peak commute periods. Supplemental Mitigation Measure(s): SM-TR-20: The project developer shall prepare a Construction Traffic Management Plan for submittal to the City, which shall be subject to review and conditions as determined by the Dublin City Engineer. The Construction Traffic Management Plan shall include the following information and additional information as requested by the City Engineer: a) Map of haul routes for heavy trucks. b) Hours of operation. c) Detailed plan for any proposed truck staging on public right-of-way. d) Parking plan for construction workers during each major phase of construction, including: number of vehicles expected to park; location(s) and number of parking spaces available at arranged areas. e) Detailed plan for any proposed street or street lane closures. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: With the supplemental implementation of this mitigation measure, the impact of construction traffic on roadways will be less than significant. Supplemental Impact TR-21. At the most easterly right-turn-in/right-turn-out only Project driveway on Dublin Boulevard, visibility would be limited for the exiting vehicles turning into the eastbound right turn lanes from Dublin Boulevard to Hacienda Drive. Supplemental Mitigation Measure(s): 13 SM-TR-21: At the most easterly right-turn-in/right-turn-out only project driveway on Dublin Boulevard, the necessary mitigation measure is to add a signal for the exiting vehicles. This signal will be linked to the signal of the intersection of Dublin Boulevard/Sybase Drive/Project Driveway, and will provide a green arrow for the northbound right-turn movement when the red light is given for the eastbound through traffic at the upstream intersection at Sybase Drive. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: The addition of a signal at this intersection for this turning movement requires under this supplemental mitigation measure will reduce the impacts to less than significant. SUPPLEMENTAL IMPACTS ON BIOLOGICAL RESOURCES Supplemental Impact BIO-1. The Project would result in the fill of 0.008 acres of potentially jurisdictional waters of the U.S. and/or waters of the State. Supplemental Mitigation Measure(s): SM-BIO-1: If avoidance of these jurisdictional waters on the site is not feasible, suitable compensatory mitigation shall be provided based on the concept of no net loss of wetland habitat values or acreages. In such an eventuality, a wetland mitigation plan shall be developed and implemented that includes creation, restoration, and/or enhancement of off-site wetlands prior to project ground disturbance. Mitigation areas shall be established in perpetuity through dedication of a conservation easement (or similar mechanism) to an approved environmental organization and payment of an endowment for the long-term management of the site. The mitigation plan is subject to the review and approval of the Corps and Regional Water Quality Control Board (RWQCB). Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: The supplemental mitigation measure requires that, if jurisdictional waters cannot be avoided as part of the development, compensatory wetlands shall be secured so that no net loss of wetlands will occur. This will result in a less-than-significant impact. Supplemental Impact BIO-2. The Project could impact special-status plant species on the site, although habitat on the site for the presence is considered marginal. Supplemental Mitigation Measure(s): 14 SM-BIO-2: Focused surveys for special-status plants shall be conducted on the site according to the California Fish & Wildlife Service (2009) Protocols for Surveying and Evaluating Impacts to Special Status Plant Populations and Natural Communities. Plant surveys shall be conducted throughout the blooming period of those species for which suitable habitat is present. Two or three separate surveys may be required to cover the blooming period of the plants in Table 4.4- 1. If populations/stands of a special-status species are identified during the surveys and impacts are unavoidable, compensatory mitigation shall be provided, such as the acquisition of off-site mitigation areas presently supporting the species in question, or purchase of credits in a mitigation bank that is approved to sell credits for the affected species, or payment of in-lieu fees to a public agency or conservation organization for the preservation and management of existing populations. The location of mitigation sites shall be determined in consultation with, and subject to approval of, US Fish and Wildlife Service and/or California Department of Fish & Wildlife. In the cases where the special-status plant species is neither federal- nor state-listed, the lead agency shall approve the mitigation approach for the given species using guidance provided in the East Alameda County Conservation Strategy and in consultation with the City’s consulting biologist. Off-site compensatory mitigation shall be acquired at a minimum acreage ratio of 1:1 (acquired:impacted). For off-site mitigation options, measures shall be implemented (including contingency measures) providing for the long-term protection of the species. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: Implementation of the supplemental mitigation measure will reduce this impact to a less-than-significant level, both on a Project and cumulative level. The supplemental mitigation measure requires acquisition and preservation of suitable off-site habitat for special-status plant species prior to site development. Supplemental Impact BIO-3. The Project could impact the habitat for nesting or wintering burrowing owls by disturbing the existing ground surface. Supplemental Mitigation Measure(s): SM-BIO-3: Preconstruction surveys shall be conducted for burrowing owls prior to grading or construction activities. These surveys should conform to the survey protocol established in the Staff Report on Burrowing Owl Mitigation (CDFW 2012b). Burrowing owls could nest or winter in the site’s approximate 13 acres of ruderal/disturbed non-native grassland habitat and within the suitable grassland habitat adjacent to the site. The following measures are consistent with the provisions of the Migratory Bird Treaty Act and the California Department of Fish & Wildlife standards: a) No more than 14 days prior to any ground disturbing activities, a qualified biologist shall conduct a take avoidance survey for burrowing owls. If no owls are found during this first survey, a final survey will be conducted within 48 hours prior to ground disturbance to confirm that burrowing owls are still absent. If ground disturbing activities are delayed or suspended for 15 more than 14 days after the initial take avoidance survey, the site shall be resurveyed (including the final survey within 48 hours of disturbance). All surveys shall be conducted in accordance with California Department of Fish & Wildlife guidelines. b) If burrowing owls are found on the site during the surveys, mitigation shall be implemented in accordance with applicable California Department of Fish & Wildlife and other applicable standards. More specifically, if the surveys identify breeding or wintering burrowing owls on or adjacent to the site, occupied burrows cannot be disturbed and shall be provided with protective buffers. Where avoidance is not feasible during the non-breeding season, a site- specific exclusion plan (i.e., a plan that considers the type and extent of the proposed activity, the duration and timing of the activity, the sensitivity and habituation of the owls, and the dissimilarity of the proposed activity with background activities) shall be implemented to encourage owls to move away from the work area prior to construction and to minimize the potential to affect the reproductive success of the owls. The exclusion plan shall be subject to California Fish & Wildlife approval and monitoring requirements. Compensatory mitigation could also be required either by California Fish & Wildlife as part of the approval of an exclusion plan. Mitigation may include the permanent protection of habitat at a nearby off-site location acceptable to the California Dept. of Fish & Wildlife. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: Mitigation Measure 3.7/20.0 contained in the EDSP EIR reduced impacts to burrowing owls to a less-than-significant level. However, adherence to this supplemental mitigation measure provides enhanced mitigation that is consistent with current California Department of Fish and Wildlife standards. The measure requires completion of a pre-construction survey for burrowing owls and, if found, implementation of either an exclusion zone around nests or development of an exclusion plan with protective buffers. With adherence to this mitigation measure, this impact will be less than significant. Supplemental Impact BIO-4. Construction of the Project could impact nesting birds on and immediately adjacent to the site. Supplemental Mitigation Measure(s): SM-BIO-4: Project contractors shall avoid construction activities during the bird nesting season (February 1 through August 31). If construction activities are scheduled during the nesting season, a qualified biologist shall conduct at least three surveys of the site to develop a baseline of nesting activity on and adjacent to the project site. Depending on the construction schedule, preconstruction surveys shall be initiated prior to the planned construction activity to allow adequate time for the multiple site visits (e.g., for construction activities planned for mid- May, the first survey should be conducted in mid-March, the second in mid-April, and the third in early May). All trees, shrubs, or other suitable nesting habitat within 250 feet of the project site shall be searched for nests by a qualified biologist during the preconstruction survey. The final preconstruction survey shall be conducted no more than 14 days prior to the start of work. 16 If the survey indicates the presence of nesting birds, protective buffer zones shall be established around the nests as follows: for raptor nests, the size of the buffer zone shall be a minimum 250-foot radius centered on the nest; for other birds, the size of the buffer zone shall be a 50- foot radius centered on the nest. In some cases, these buffers may be increased or decreased depending on the bird species and the level of disturbance that will occur near the nest. Changes to the buffer should be made by the project biologist in consultation with California Department of Fish & Wildlife. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: Adherence to this supplemental mitigation measure will reduce impacts to nesting birds that may on or immediately adjacent to the site to a less-than-significant level by requiring prohibiting project construction during the nesting season. If this cannot be met, preconstruction survey for nesting birds shall be completed and, if found, establishing a protective buffer around identified nests. SUPPLEMENTAL IMPACTS ON VISUAL RESOURCES Supplemental Impact VIS-1. The Project would include new sources of light in this portion of Dublin, including, but not limited to, parking lot lighting, lighted exterior signs, building signs, and security lighting. Supplemental Mitigation Measure(s): SM-VIS-1: As part of the Building Permit submittal, the project developer shall submit lighting details and a photometric plan to the City of Dublin for review and approval. At minimum, the submittal shall include: a) A lighting plan illustrating the approximate location of all exterior light fixtures to be placed on the project site. b) Design details for cut-off lenses on the fixtures or other similar techniques to directed light to the intended area of illumination and to prevent off-site glare impacts on project site and adjacent buildings and properties. c) A photometric plan demonstrating lighting levels required to provide adequate safety and security onsite and also demonstrating that light will not spill over the site onto adjacent streets or properties. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. 17 Rationale for Finding: Adherence to the supplemental mitigation measure will reduce this impact to a less-than-significant level by requiring project light fixtures to be designed not to result in unwanted light or glare onto adjacent businesses, properties, or streets. SUPPLEMENTAL IMPACTS ON NOISE Supplemental Impact NOISE-1. The operation of the project could increase ambient noise levels at nearby noise-sensitive land uses. Supplemental Mitigation Measure(s): SM-NOISE-1: The final design and location of project mechanical equipment shall be reviewed by a qualified acoustical consultant to confirm that operational noise levels would not exceed 54 dBA L at nearby noise sensitive land uses. If needed, the final design and location of eq mechanical equipment shall be modified to conform with noise parameters set forth in this analysis. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: The supplemental mitigation measure will mitigate this impact to a less-than-significant level by ensuring that the final design and location of project mechanical equipment would not result in noise exposure exceeding City standards for noise sensitive uses. SUPPLEMENTAL IMPACTS ON AIR QUALITY Supplemental Impact AQ-1. Minimizing fugitive dust from construction sites. Supplemental Mitigation Measure(s): SM-AQ-1: The project applicant shall adhere to the following dust control measures, which shall replace those included in EDSP EIR Mitigation Measure 3.11/1.0: a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 mph. e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics 18 control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: Although EDSP EIR Air Quality Mitigation Measure 3.11/1.0 provides specific methods for reduction of fugitive dust from construction sites, the BAAQMD has adopted updated measures to further reduce construction level impacts. Therefore, the Project applicant shall adhere to Supplemental Mitigation Measure SM-AQ-1, which shall replace EDSP EIR Mitigation Measure 3.11/1.0. With adherence to the supplemental mitigation measure, construction period air quality impacts will be less than significant. Supplemental Impact AQ-2. The Project would result in a cumulatively considerable net increase of criteria pollutants for which the Project region is non-attainment under applicable federal or state ambient air quality standards (including releasing emissions which exceed quantitative thresholds for ozone precursors). Supplemental Mitigation Measure(s): SM-AQ-2: Implement SM-TR-1 in addition to the following: The City shall require the following additional measures to reduce overall vehicle-related emissions: a. Provide shading in the parking lot, to the maximum extent possible, to reduce evaporative ROG emissions; and b. Provide appropriate electrical outlets and signage to reduce truck idling and use of mobile refrigeration units that are powered by diesel fuel. Net Supplemental Impact After Mitigation: Significant and Unavoidable Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. 19 Rationale for Finding: Much of the emissions reduction would be associated with implementation of the TDM program under the supplemental mitigation measure. Assuming that 308 employees are anticipated, this accounts for about 3 percent of total trips, or a 0.75 percent reduction of total Project mobile emissions with the TDM. With the TDM program in place, annual ROG emission reductions are estimated at 10.4 tons and annual NOX emissions are estimated at 24.8 tons. Therefore, even with the TDM program in place, operational ROG and NOX emissions would still exceed the established significance thresholds. Because the vast majority of ROG and NOX emissions will be from mobile sources, and it is not feasible to reduce mobile trips further, this impact would remain significant and unavoidable. Supplemental Impact AQ-3. The Project would result in a violation of regional air quality standard and would contribute substantially to an existing or projected air quality violation. Supplemental Mitigation Measure(s): SM-AQ-3: Implement SM-AQ-2. Net Supplemental Impact After Mitigation: Significant and Unavoidable Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: The Project would have operational ROG and NOX emissions that exceed the significance thresholds adopted by BAAQMD. Therefore, the Project would contribute substantially to existing or projected violations of those standards. Furthermore, because operation of the Project would exceed significance thresholds for ROG and NOX, as discussed above, the Project would contribute substantially to existing and future violations of ozone ambient air quality standards. This impact is considered significant and unavoidable. Supplemental Impact AQ-4. The Project would conflict with the regional Clean Air Plan. Supplemental Mitigation Measure(s): SM-AQ-4: Implement SM-AQ-2. Net Supplemental Impact After Mitigation: Significant and Unavoidable Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no 20 feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: Adherence to Supplemental Mitigation Measure SM-AQ-2 would require implementation of a TDM program to reduce trips associated with the Project. However, even after mitigation, the Project would result in a cumulatively considerable net increase of criteria pollutants for which the Project region is non-attainment under applicable federal or state ambient air quality standards. As a result, the impact from the Project would remain significant and unavoidable. Supplemental Impact AQ-5. The Project would generate greenhouse gas emissions, both directly and indirectly, that would have a significant impact on the environment and would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Supplemental Mitigation Measure(s): SM-AQ-5: The final design of the project shall include all requirements of the City Climate Action Plan, including policies A.1.4, A.1.5, A.1.8, A.1.9, A.3.4, and A.3.6. In addition, the project proponent is encouraged to participate in subsidy programs such as Climate Action Plan polices A.2.4 and A.3.5. Net Supplemental Impact After Mitigation: Significant and Unavoidable Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR, but not to a level of less than significant. There are no additional feasible mitigation measures and no feasible alternatives that avoid this significant effect, as further addressed in Exhibit C, Findings Concerning Infeasibility of Alternatives and Additional Mitigation Measures. Rationale for Finding: Adherence to the supplemental mitigation measure will ensure that the Project would comply with the City of Dublin’s Climate Action Plan, but the Project’s ongoing operations would exceed greenhouse gas emissions established by the BAAQMD. Therefore, the Project impact is significant and unavoidable. SUPPLEMENTAL IMPACTS ON HAZARDS Supplemental Impact HAZ-1. Proposed site grading activities and related disturbance of site soils could release identified deposits of residual hydrocarbons and other contaminants into the environment, possibly exposing construction workers and visitors during construction. Supplemental Mitigation Measure(s): SM-HAZ-1: Contaminated soils shall be remediated prior to issuance of a grading permit. Any soil removed from the site shall be tested to determine the appropriate recipient site, which 21 could include a certified hazardous materials landfill facility. Documentation of the worker safety plans shall be prepared and submitted to appropriate regulatory agencies issuing permits. The applicant shall obtain necessary permits from the California Department of Toxic Substances Control, Alameda County Health Department or others. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: Adherence to the supplemental mitigation measure will mitigate this impact to a less-than-significant level by requiring remediation of identified site contaminants prior to construction. The required worker safety plans include general operating and safety procedures to limit exposure of workers to hazardous materials. Supplemental Impact HAZ-2. If required, construction dewatering activities could release identified accumulations of residual hydrocarbons, solvents, and other contaminants into the environment, possibly exposing construction workers and surrounding residents and visitors during construction. Supplemental Mitigation Measure(s): SM-HAZ-2: If construction dewatering is necessary, the appropriate permit shall be obtained from the Regional Water Quality Control Board (RWQCB), Dublin San Ramon Services District, or other agency with jurisdiction, if the water is to be discharged into a storm or sanitary sewer system. Groundwater removed during construction dewatering shall be treated to the extent required by the permit agency prior to discharge. A construction dewatering plan shall be prepared and submitted with the dewatering permit application. Reuse of groundwater as an on-site dust palliative or for soil compaction is acceptable if requisite testing and comparison to CAL-EPA screening thresholds indicate that the groundwater is suitable for reuse. If reuse is not possible, contaminated water shall be safely removed to an approved site. Net Supplemental Impact After Mitigation: Less than Significant Finding: Changes or alterations have been required in, or incorporated into, the Project, which avoid or substantially lessen the significant environmental effect identified in the SEIR. Rationale for Finding: Adherence to the supplemental mitigation measure will reduce this impact to less than significant by requiring preparation and approval of necessary permits to safely dewater the site and appropriate treatment of dewatered material to be reused. Permits and approvals may be required from the California Department of Toxic Substances Control, the San Francisco Bay Regional Water Quality Control Board, the Alameda County Health Department, the State Water Resources Control Board discharge permits or potentially an air quality permit from the BAAQCB if Volatile Organic Compounds (VOCs) are found. 2201072.1 22 EXHIBIT C FINDINGS CONCERNING INFEASIBILITY OF ALTERNATIVES AND PROPOSED ADDITIONAL TRAFFIC MITIGATION MEASURES CEQA provides that decisionmakers should not approve a project as proposed if there are feasible alternatives or feasible mitigation measures that would substantially lessen the significant impacts of the project (CEQA Section 21002). The SEIR identified feasible mitigation measures that would reduce most of the potentially significant impacts to less than significant, as further set forth in the Exhibit B findings above. However, the following impacts in the SEIR either remain significant after mitigation or no feasible mitigation was identified to reduce the impact to less than significant: Supplemental Impact TR-1. Under the Short-Term Cumulative Conditions, the intersection of Dublin Boulevard and Dougherty Road would operate at LOS D during the p.m. peak hour. The addition of project traffic would degrade the intersection LOS to unacceptable LOS E. Supplemental Impact TR-4. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Dougherty Road would operate at unacceptable LOS E during the p.m. peak hour. In addition, the project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Impact TR-11. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Myrtle Drive/Toyota Drive would operate at unacceptable LOS E during the p.m. peak hour. In addition, the project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Impact TR-19. Under Long-Term Cumulative Conditions, Dublin Boulevard between Dougherty Road and Tassajara Road would operate at unacceptable LOS F for both directions during the p.m. peak hour. The addition of the proposed project would increase the segment v/c ratio by more than 0.02 for both directions. Supplemental Impact AQ-2. The project would result in a cumulatively considerable net increase of criteria pollutants for which the project region is in non-attainment under applicable Federal or State ambient air quality standards (including releasing emissions which exceed quantitative thresholds for ozone precursors). Supplemental Impact AQ-3. The project would result in a violation of regional air quality standard and would contribute substantially to an existing or projected air quality violation. Supplemental Impact AQ-4. The project would conflict with the regional Clean Air Plan. Supplemental Impact AQ-5. The project would generate greenhouse gas emissions, both directly and indirectly, that would have a significant impact on the environment and would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. 1 As required by CEQA, the following findings address whether there are any feasible alternatives or any additional feasible mitigation measures available that would reduce any of these impacts to less than significant. The EDSP EIR also identified certain impacts of the Eastern Dublin GPA/SP as significant and unavoidable. The Eastern Dublin EIR identified four alternatives: No Project, Reduced Planning Area, Reduced Land Use Intensities and No Development. The City Council certified the Eastern Dublin EIR on May 10, 1993, under Resolution No. 51-93. The City Council found the No Project, Reduced Land Use Intensities and No Development alternatives infeasible and then approved a modification of the Reduced Planning Area Alternative rather than the GPA/SP project as proposed (Resolution No. 53-93). This alternative was approved based on City Council findings that this alternative land use plan would reduce land use impacts, would not disrupt the Doolan Canyon community, would reduce growth-inducing impacts on agricultural lands and would reduce traffic, infrastructure and noise impacts of the originally proposed Eastern Dublin Project. Even under this alternative project, however, significant unavoidable impacts would remain. Therefore, upon approval of the Eastern Dublin GPA/SP, the City Council adopted a Statement of Overriding Considerations (Resolution No. 53-93). As required by CEQA, the following findings address whether there are any feasible alternatives or any additional feasible mitigation measures available that would reduce any of the significant and unavoidable supplemental impacts identified in the SEIR to less than significant. FINDINGS CONCERNING ALTERNATIVES CEQA requires that an EIR “describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project…” (CEQA Guidelines Section 15126.6(a)). If a project alternative will substantially lessen the significant environmental effects of a proposed project, the decisionmaker should not approve the proposed project unless it determines that specific economic, legal, social, technological, or other considerations,… make the project alternative infeasible” (CEQA Sections 21002 and 21081(a)(3), and CEQA Guidelines Section 15091(a)(3)). The City Council hereby makes these findings with respect to alternatives. The Project objectives are set forth in Section 3.5 of the SEIR. Alternatives are identified and analyzed in Section 5 of the SEIR and include a No Project/No Development Alternative, a No Project/Campus Office Development Alternative, and a Mixed Use Development Alternative. Each of the alternatives was assessed for each resource topic and compared to potential Project impacts. As further set forth below, the City Council considered the alternatives identified and analyzed in Section 5 of the SEIR and finds them to be infeasible for specific economic, social, or other considerations pursuant to CEQA Sections 21002 and 21081(a)(3), and CEQA Guidelines Section 15091(a)(3). For CEQA purposes, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, technological, and legal factors. (CEQA Section 21061.1, CEQA Guidelines Section 15364.) 2 Alternative #1: No Project/No Development Alternative Under this No Project/No Development Alternative, the site would remain vacant as it presently exists and no development would occur. Existing General Plan and Eastern Dublin Specific Plan land use designations would remain as they currently exist. By eliminating project construction and operation, this Alternative would eliminate the significant and unavoidable impacts from long-term operational emissions. This Alternative would also not result in any new vehicles trips from the Project site, so the significant and unavoidable traffic impacts would not occur. In general, since no development would occur, this Alternative would not create any new significant impacts. Although the No Project/No Development Alternative avoids the project’s significant unavoidable impacts, the City finds this alternative infeasiblebecause it would not be consistent with the project’s objectives. This Alternative is inconsistent with the most basic objectives including the following: (1) Develop a retail project containing up to 167,200 gross square feet that will accommodate the retail demands of the community by providing a convenient, one-stop shopping experience offering both general merchandise, dining opportunities, and grocery sales in an attractive, safe, and secure environment; (2) Implement the City’s long-term programmatic planning approach for Eastern Dublin as set forth in the Eastern Dublin GPA/SP, and as modified by project applications, for development of this infill lot; (3) Implement site and architectural design features that enhance the prominence and visibility of the site; (4) Provide retail development that promotes economic growth, creates diverse new employment opportunities, and expands the City’s tax base; and (5) utilize an undeveloped site with convenient freeway, street, bicycle and pedestrian access and in the proximity of a large daytime employment center with adjacent offices and access to public transit. No development of the site would not be consistent with the City planning goals for this infill site. Finding : The City Council considered the No Project/No Development Alternative and declines to adopt it because it is infeasible for the specific economic, social, or other considerations described above, as supported by the administrative record for the Project. Alternative #2: No Project/Campus Office Development Alternative Under this Alternative, the site would be developed consistent with the existing Campus Office General Plan and Eastern Dublin Specific Plan land use designation. This Alternative includes construction of up 218,020 square feet of administrative, business and professional offices and a Floor Area Ratio of 0.35, consistent with nearby properties in the Eastern Dublin Planning Area. Development of this Alternative would also include on-site surface parking lots, landscaping, signs and similar improvements normally and customarily included in an office park development. No amendments to the General Plan or the Eastern Dublin Specific Plan would be required to implement this Alternative. This Alternative would result in a decrease to the following impacts as compared to the Project: urban decay, transportation and traffic, and operational air quality emissions. Other 3 environmental impacts of this Alternative would remain similar to the Project. This Alternative would lessen but not completely avoid the significant and unavoidable impacts of the Project. This Alternative is consistent with the project’s objectives to the extent that it provides for infill development on the site and would upgrade the visual quality of the site through implementation of proposed design guidelines. However, this Alternative would not be consistent with several important project objectives and would promote project objectives to a lesser extent than the proposed Project including the following: (1) Develop a retail project containing up to 167,200 gross square feet that will accommodate the retail demands of the community by providing a convenient, one-stop shopping experience offering both general merchandise, dining opportunities, and grocery sales in an attractive, safe, and secure environment; and (2) Provide retail development that promotes economic growth, creates diverse new employment opportunities, and expands the City’s tax base. Finding: The City Council considered the No Development/Campus Office Development Alternative and declines to adopt it because it will not avoid or substantially lessen the project’s significant unavoidable impacts and is infeasible for the specific economic, social, or other considerations described above, as supported by the administrative record for the project. Alternative #3: Mixed Use Development Alternative This Alternative would include development of the site as a mixed-use development. This Alternative would contain 100 multifamily dwellings at an average density of 20 units per acre and 94,500 square feet of office use at a Floor Area ratio of 0.35. This Alternative would also include on-site parking, new driveways from adjoining roads, landscaping and other improvements. Implementation of this Alternative may require amendments to the Dublin General Plan and Eastern Dublin Specific Plan to change the land use designation to a “Mixed- use” designation. This Alternative would provide a mix of offices and residences to provide opportunities for people to live and work in the same proximate location, thereby reducing auto traffic and noise. Local and regional air quality and greenhouse gas impacts would also be reduced. Total trips, AM peak and PM peak trips to and from the site under this Alternative would be lower than the Project. The total estimated number of trips to and from the site under the Project would be 7,969 as compared to 1,622 trips under this Alternative. Therefore, this Alternative would lessen but not avoid the significant and unavoidable impacts of the Project This Alternative is consistent with the project objectives to the extent that it provides for infill development on the site, and would upgrade the visual quality of the site through implementation of proposed design guidelines. This Alternative would not be consistent with several important project objectives and would promote project objectives to a lesser extent than the Project including the following: (1) Develop a retail project containing up to 167,200 gross square feet that will accommodate the retail demands of the community by providing a convenient, one-stop shopping experience offering both general merchandise, dining opportunities, and grocery sales in an attractive, safe, and secure environment; and (2) Provide retail development that promotes 4 economic growth, creates diverse new employment opportunities, and expands the City’s tax base. Finding : The City Council considered the Mixed Use Development Alternative and declines to adopt it because it will not avoid or substantially lessen the project’s significant unavoidable impacts and is infeasible for the specific economic, social, or other considerations described above, as supported by the administrative record for the project. FINDINGS REGARDING INFEASIBILITY OF ADDITIONAL PROPOSED MITIGATION MEASURES The City identified certain roadway improvements that could reduce the following significant and unavoidable impacts: Supplemental Impact TR-1. the intersection of Dublin Boulevard and Dougherty Road (Under the Short-Term Cumulative Conditions); Supplemental Impact TR-4. the intersection of Dublin Boulevard and Dougherty Road (Under the Long-Term Cumulative Conditions); Supplemental Impact TR-11. the intersection of Dublin Boulevard and Myrtle Drive/Toyota Drive (Under the Long-Term Cumulative Conditions); and Supplemental Impact TR-19. Dublin Boulevard between Dougherty Road and Tassajara Road (Under Long-Term Cumulative Conditions). As described below, the proposed mitigations for each of these impacts would require the widening of Dublin Boulevard. The City carefully considered the proposed mitigations, and finds the proposed mitigations infeasible or otherwise rejects the suggested mitigation because widening of Dublin Boulevard might not be feasible due to right-of-way constraints, impacts to pedestrian crossing distance that would increase due to the street widening, and potential operational issues with the very large intersection dimensions that would result from the widening. Supplemental Mitigation Measure SM-TR-1 and Supplemental Mitigation Measure SM-TR-4 (impacts at the Dublin Blvd./Dougherty Rd. intersection). At the intersection of Dublin Boulevard and Dougherty Road, the mitigation to provide acceptable LOS D operations would require re-striping the eastbound approach on Dublin Boulevard from two left turn lanes, three through lanes and two right turn lanes, to two left turn lanes, four through lanes and one right turn lane. One additional 150-foot-long receiving lane with 600-foot-long taper would need to be added on the east leg of the intersection on eastbound Dublin Boulevard accordingly, which would require widening Dublin Boulevard by approximately 12 feet for 750 feet east of the intersection along the south side of Dublin Boulevard. It would also require relocation of the sidewalk and the bike lane along the south side of Dublin Boulevard, as well as the traffic signal/lighting poles at the southeast corner of the intersection. In addition, it would require realignment of travel lanes through the intersection. The City Council finds this mitigation measure infeasible and rejects the mitigation measure because widening of Dublin Boulevard might not be feasible due to right-of-way constraints, impacts to pedestrian crossing distance that would increase due to the street widening, and potential operational issues with the very large intersection dimensions that would result from the widening. 5 Supplemental Mitigation Measure SM-TR-11 (long-term cumulative impacts at the Dublin Blvd./Myrtle Dr./Toyota Drive intersection). At the intersection of Dublin Boulevard and Myrtle Drive/Toyota Drive, the mitigation measure required to reduce average delay to no greater than conditions without the project is to add a 100-foot-long eastbound exclusive right turn lane on Dublin Boulevard. The improvement would require widening Dublin Boulevard by approximately 11 feet in advance of the intersection along the south side of Dublin Boulevard. It would also require relocation of the sidewalk and the bike lane along the south side of Dublin Boulevard, as well as the traffic signal pole, fire hydrant and the project sign at the southwest corner of the intersection. The City Council finds this mitigation measure infeasible and rejects the mitigation measure because widening of Dublin Boulevard for this mitigation might not be feasible due to right-of- way constraints, would require removal of existing improvements, and would be costly. Supplemental Mitigation Measure SM-TR-19 (long-term cumulative roadway segment impact at the Dublin Blvd. between Dougherty Rd. and Tassajara Rd.). The potential mitigation measures for these arterial segment impacts would require widening Dublin Boulevard in both directions. Such measure could partially but not fully reduce the impact to less than significant. The City Council finds this mitigation measure infeasible and rejects the mitigation measure because widening of Dublin Boulevard for this mitigation might not be feasible due to right-of- way constraints, impacts to pedestrian crossing distance that would increase due to the street widening, and potential operational issues with the very large intersection dimensions that would result from the widening. 2202088.1 6 EXHIBIT D STATEMENT OF OVERRIDING CONSIDERATIONS General. Pursuant to CEQA Guidelines section 15093, the City Council of the City of Dublin adopted a Statement of Overriding Considerations for those impacts identified in the Eastern Dublin EIR as significant and unavoidable. (Resolution 53-93, May 10, 1993.) The City Council carefully considered each impact in its decision to approve urbanization of Eastern Dublin through approval of the Eastern Dublin General Plan Amendment and Specific Plan project. The City Council is currently considering The Village at Dublin Retail Center PLPA- 2012-00031 (“Project”). The City prepared a Supplemental EIR for the Project (“SEIR”) which identified supplemental impacts that could be mitigated to less than significant. The SEIR also identified supplemental Traffic and Air Quality impacts that could not be mitigated to less than significant. The City Council adopted a Statement of Overriding Considerations with the 1993 land use approvals for urbanization of Eastern Dublin, including the Project site. Pursuant to a 2002 court decision, the City Council must adopt new overriding considerations for the previously identified unavoidable impacts that apply to the current Project.The City Council must also adopt 1 overriding considerations for the supplemental impacts identified in the SEIR as significant and unavoidable. The City Council believes that many of the unavoidable environmental effects identified in the Eastern Dublin EIR and the SEIR will be substantially lessened by mitigation measures adopted with the original Eastern Dublin approvals and by the mitigation measures in the SEIR and other environmental protection measures adopted through the Project approvals, to be implemented with the development of the Project. Even with mitigation, the City Council recognizes that the implementation of the Project carries with it significant and unavoidable adverse environmental effects as identified in the Eastern Dublin EIRs that are applicable to the Project, and the SEIR. The City Council specifically finds that to the extent that the identified adverse or potentially adverse impacts for the Project have not been mitigated to acceptable levels, there are specific economic, social, environmental, land use, and other considerations that . support approval of the project 2. Unavoidable Significant Adverse Impacts from the Eastern Dublin EIR. The unavoidable significant environmental impacts identified in the Eastern Dublin EIR for future development of Eastern Dublin that apply to the Project include but are not limited to the following: Land Use Impact 3.1/F. Cumulative Loss of Agricultural and Open Space Lands; Visual Impacts 3.8/B; and, Alteration of Rural/Open Space Character. 1 “… public officials must still go on the record and explain specifically why they are approving the later project despite its significant unavoidable impacts.” (emphasis original.) Communities for a Better Environment v. th California Resources Agency 103 Cal.App. 4 98 (2002). 1 Community Services and Facilities Impact 3.4/S. Consumption of Non-Renewable Natural Resources and Sewer, Water; and Storm Drainage Impact 3.5/F, H, U. Increases in Energy Usage Through Increased Water Treatment, Disposal and Operation of Water Distribution System. Soils, Geology, and Seismicity Impact 3.6/B. Earthquake Ground Shaking, Primary Effects. 3. Unavoidable Significant Adverse Impacts from the Project SEIR. The following unavoidable significant supplemental environmental impacts were identified in the Project SEIR. Supplemental Impact TR-1. Under the Short-Term Cumulative Conditions, the intersection of Dublin Boulevard and Dougherty Road would operate at LOS D during the p.m. peak hour. The addition of project traffic would degrade the intersection LOS to unacceptable LOS E. Supplemental Impact TR-4. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Dougherty Road would operate at unacceptable LOS E during the p.m. peak hour. In addition, the project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Impact TR-11. Under the Long-Term Cumulative Conditions, the intersection of Dublin Boulevard and Myrtle Drive/Toyota Drive would operate at unacceptable LOS E during the p.m. peak hour. In addition, the project would add more than 50 peak hour trips to the intersection during the p.m. peak hour. Supplemental Impact TR-19. Under Long-Term Cumulative Conditions, Dublin Boulevard between Dougherty Road and Tassajara Road would operate at unacceptable LOS F for both directions during the p.m. peak hour. The addition of the proposed project would increase the segment v/c ratio by more than 0.02 for both directions. Supplemental Impact AQ-2. The project would result in a cumulatively considerable net increase of criteria pollutants for which the project region is non-attainment under applicable Federal or State ambient air quality standards (including releasing emissions which exceed quantitative thresholds for ozone precursors). Supplemental Impact AQ-3. The project would result in a violation of regional air quality standard and would contribute substantially to an existing or projected air quality violation. Supplemental Impact AQ-4. The project would conflict with the regional Clean Air Plan. Supplemental Impact AQ-5. The project would generate greenhouse gas emissions, both directly and indirectly, that would have a significant impact on the environment and would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases. 4. Overriding Considerations. The City Council previously balanced the benefits of the Eastern Dublin project approvals against the significant and potentially significant adverse impacts identified in the Eastern Dublin EIR. The City Council now balances those unavoidable 2 impacts identified in the Eastern Dublin EIR as well as the supplemental unavoidable impacts identified in the SEIR, against its benefits, and hereby determines that such unavoidable impacts are outweighed by the benefits of the Project as set forth below. Any one of these benefits is sufficient to justify approval of the Project. The substantial evidence supporting the various benefits can be found in the record as a whole. The Project will further the planned urbanization of Eastern Dublin as established in the City General Plan and Eastern Dublin Specific Plan approvals. The Project will develop a large vacant infill property in an area that mostly surrounded by urban development. The Project improves an undeveloped site with convenient freeway, street, bicycle and pedestrian access and in the proximity of a large daytime employment center with adjacent offices and access to public transit. The retail project will accommodate the retail demands of the community by providing a convenient, one-stop shopping experience offering both general merchandise, dining opportunities, and grocery sales. The retail development promotes economic growth, creates diverse new employment opportunities, and expands the City’s tax base. Development of the Project site will also provide construction employment opportunities. 2202412.1 3 The Village at Dublin Supplemental EIR (SEIR) Mitigation Monitoring and Reporting Program (MMRP) October 2013 Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials TR-1 Traffic. Under the Short-SM-TR-1: The project applicant shall work with the City to develop key elements Prior to issuance of the City of Dublin Term Cumulative of a Transportation Demand Management (TDM) plan, which shall be prepared by first building permit. Public Works Conditions, the intersection the Developer and approved by the City prior to the issuance of the first building Department and of Dublin Boulevard and permit. The TDM plan should include, but not be limited to, the following Planning Divisions Dougherty Road would measures: operate at LOS D during the a. Appoint Commute Coordinator (coordinates information distribution). p.m. peak hour. The b. Promote and distribute hard copy information quarterly to all employees addition of project traffic regarding 511, Ridematch, Guaranteed Ride Home Program, Wheels/LAVTA, would degrade the shuttles to regional transit, and any existing City CarShare programs. intersection LOS to c. Distribute information quarterly regarding above by email blast to all unacceptable LOS E. employees. d. Co-sponsor subarea transportation fair once a year with “The Green” property to the south. Invite Wheels, 511.org, and at least two other commute alternative service providers to attend and distribute commute alternative information. Provide refreshments to participants. e. Provide bicycle parking facilities for 10% of car spaces or a number approved by the City. f. Provide secured bicycle parking (lockers or cages) for employees. g. Join City Car Share as a “Biz Prime” member and pay for membership of a minimum of 5% employees. h. Implement a BART subsidy program that would provide BART tickets at no cost or subsidized rate to all employees. i. Implement a Commuter Tax Benefit Program or equivalent. Under Section 132(F) of federal tax code, an employer can offer its employees up to $230 per month for qualified transit, vanpool or parking costs. Or, an employer may offer $20 per month for bicycling costs. Full information is available at: http://rideshare.511.org/rewards/tax_benefits.aspx j. Provide preferential parking for carpools and vanpools as part of off-street parking requirements. TR-2 Traffic. Under the Short-SM-TR-2: At the intersection of Dublin Boulevard and Tassajara Road, the Fees paid at issuance of City of Dublin Term Cumulative mitigation measure required to reduce average delay to no greater than conditions first building permit Public Works Dept. Conditions, the intersection without the project is to add a third eastbound through lane on Dublin Boulevard. and Building of Dublin Boulevard and One additional 200-foot-long receiving lane with 600-foot-long taper would need to Division Tassajara Road would be added on the east leg of the intersection on eastbound Dublin Boulevard operate at unacceptable accordingly. This improvement would require widening Dublin Boulevard by Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials LOS E during the p.m. peak approximately 12 feet for 800 feet east of the intersection along the south side of hour. In addition, the project Dublin Boulevard. The Developer/Applicant is required to pay TIF fees to help would add more than 50 fund this improvement. peak hour trips to the intersection during the p.m. peak hour. TR-3 Traffic. Under the Long-SM-TR-3: At the intersection of Dougherty Road and Scarlett Drive, the Fair share contribution City of Dublin Term Cumulative mitigation measure required to reduce average delay to no greater than conditions paid at issuance of first Public Works Dept. Conditions, the intersection without the project is to change the signal phasing for the westbound right turn building permit and Building of Dougherty Road and movement from permissive to permissive plus a right-turn arrow signal overlap Division Scarlett Drive would with the southbound left-turn arrow. This improvement would require restriction of operate at unacceptable U-turn movements for the southbound Dougherty Road traffic. The project LOS F during the p.m. peak Applicant/Developer is to make a fair share monetary contribution toward this hour. In addition, the project improvement. would add more than 50 peak hour trips to the intersection during the p.m. peak hours. TR-4 Traffic. Under the Long-SM-TR-4: Implement SM-TR-1. Prior to issuance of the City of Dublin Term Cumulative first building permit. Public Works Conditions, the intersection Department and of Dublin Boulevard and Planning Divisions Dougherty Road would operate at unacceptable LOS E during the p.m. peak hour. In addition, the project would add more than 50 peak hour trips to the intersection during the p.m. peak hour TR-5 Traffic. Under the Long-SM-TR-5: At the intersection of Dublin Boulevard and Scarlett Drive, there is a Fair share contribution City of Dublin Term Cumulative significant impact from the Dublin Crossing project according to the DCSP-DEIR. paid at issuance of first Public Works Dept. Conditions, the intersection In the DSCP-DEIR, the recommended measure to mitigate the impacts at the building permit and Building of Dublin Boulevard and intersection of Scarlett Drive and Dublin Boulevard due to the high rate of Division Scarlett Drive would pedestrians/bicyclists crossing at Dublin Boulevard is a grade separated crossing. operate at unacceptable The grade separated crossing would eliminate the need for at-grade pedestrian LOS E during both a.m. and actuations at the traffic signal, which would allow more green time to be allocated p.m. peak hours. In to through traffic on Dublin Boulevard. Although the Dublin Crossings project has addition, the project would not been environmentally cleared, nor has engineering or right of way analysis been add more than 50 peak hour completed with regards to the feasibility of this improvement, the City is trips to the intersection aggressively pursuing this project to improve pedestrian and bicycle mobility along during both a.m. and p.m. the Iron Horse Trail. The City also plans to include a grade separated crossing at Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials peak hours this location in its update to the TIF program to secure project funding. Because the separated bridge has not yet been environmentally cleared, and to ensure that the impacts are adequately mitigated, the Applicant/Developer is required to provide a fair-share contribution for the alternative mitigation of removing the crosswalk on the east leg of the Scarlett Drive and Dublin Boulevard intersection. TR-6 Traffic. Under the Long-SM-TR-6: At the intersection of Dublin Boulevard and DeMarcus Boulevard, the Fair share contribution City of Dublin Term Cumulative mitigation measure required to reduce average delay to no greater than conditions paid at issuance of first Public Works Dept. Conditions, the intersection without the project is to re-stripe the westbound approach on Dublin Boulevard building permit and Building of Dublin Boulevard and from one left turn lane, three through lanes and one right turn lane, to one left turn Division DeMarcus Boulevard would lane, three through lanes and one shared through/right turn lane. One additional operate at unacceptable 200-foot-long westbound receiving lane with 600-foot-long taper would need to be LOS E during the p.m. peak added on the west leg of the intersection on Dublin Boulevard accordingly. The hour. In addition, the project improvement would require widening Dublin Boulevard by approximately 12 feet would add more than 50 for 800 feet on the west leg of the intersection along the north side of Dublin peak hour trips to the Boulevard. It would also require relocation of the bike lane along the north side of intersection during the p.m. Dublin Boulevard. In addition, it would require realignment of travel lanes through peak hour the intersection. The project Applicant/Developer is to make a fair share monetary contribution toward this improvement. TR-7 Traffic. Under the Long-SM-TR-7: At the intersection of Dublin Boulevard and Iron Horse Parkway, the Fair share contribution City of Dublin Term Cumulative necessary mitigation measure is to add a second northbound left turn lane, resulting paid at issuance of first Public Works Dept. Conditions, the intersection in two left turn lanes and a shared through-right lane on the northbound approach. building permit and Building of Dublin Boulevard and Both northbound left turn lanes on Iron Horse Parkway would need to be 400 feet Division Iron Horse Parkway would long. This improvement would require the removal of parking on the east side of operate at unacceptable Iron Horse Parkway, traffic signal modifications, and changing the travel lane LOS F during the p.m. peak configuration and alignment to create one 16-foot wide southbound receiving lane hour. In addition, the project on Iron Horse Parkway, two 10-foot wide northbound left turn lanes on Iron Horse would add more than 50 Parkway; and one 14-foot wide northbound shared through-right turn lane. The peak hour trips to the project Applicant/Developer is to make a fair share monetary contribution toward intersection during the p.m. this improvement. peak hour TR-8 Traffic. Under the Long-SM-TR-8: At the intersection of Dublin Boulevard and Arnold Road, the Fair share contribution City of Dublin Term Cumulative mitigation measure required to reduce average delay to no greater than conditions paid at issuance of first Public Works Dept. Conditions, the intersection without the project is to re-stripe the northbound approach from two left turn lanes, building permit and Building of Dublin Boulevard and one shared through/right turn lane and one right turn lane, to two left turn lanes, one Division Arnold Road would operate through lane and one right turn lane. In addition, the signal phasing for the at unacceptable LOS E northbound right turn and southbound right turn need to be changed from during the p.m. peak hour. permissive to permissive plus right-turn arrow signal overlaps with the westbound In addition, the project and eastbound left-turn arrows, respectively. This improvement would require would add more than 50 restriction of U-turn movements for the eastbound and westbound traffic. The peak hour trips to the project Applicant/Developer is to make a fair share monetary contribution toward intersection during the p.m. this improvement. peak hour Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials TR-9 Traffic. Under the Long-SM-TR-9: At the intersection of Dublin Boulevard and Hacienda Drive, the Fair share contribution City of Dublin Term Cumulative necessary mitigation measure is to re-stripe the northbound approach from three left paid at issuance of first Public Works Dept. Conditions, the intersection turn lanes, three through lanes and one right turn lane, to three left turn lanes, two building permit and Building of Dublin Boulevard and through lanes and two right turn lanes. The project Applicant/Developer is to make Division Hacienda Drive would a fair share monetary contribution toward this improvement. operate at unacceptable LOS F during the p.m. peak hour. In addition, the project would add more than 50 peak hour trips to the intersection during the p.m. peak hour TR-10 Traffic. Under the Long-SM-TR-10: At the intersection of Hacienda Drive and Martinelli Way - Hacienda Fair share contribution City of Dublin Term Cumulative Crossings, the mitigation measure required to reduce average delay to no greater paid at issuance of first Public Works Dept. Conditions, the intersection than conditions without the project is to re-stripe the eastbound approach from one building permit and Building of Hacienda Drive and left turn lane, one shared through/right turn lane and two right turn lanes, to two left Division Hacienda Crossings would turn lanes, one through lane and one right turn lane. In addition, the signal phasing operate at unacceptable for the eastbound right-turn needs to be changed from permissive to permissive plus LOS E during the p.m. peak a right-turn arrow signal overlap with the northbound left-turn arrow. Also, the hour. In addition, the project phasing for the eastbound-westbound left-turn arrow signals shall be set up as a would add more than 50 lead-lag sequence so the conflicting left-turn paths do not operate simultaneously. peak hour trips to the This improvement shall include restriction of U-turn movements for northbound intersection during the p.m. traffic. The project Applicant/Developer is to make a fair share monetary peak hour contribution toward this improvement. TR-11 Traffic. Under the Long-SM-TR-11: Implement SM-TR-1. Prior to issuance of the City of Dublin Term Cumulative first building permit. Public Works Conditions, the intersection Department and of Dublin Boulevard and Planning Divisions Myrtle Drive/Toyota Drive would operate at unacceptable LOS E during the p.m. peak hour. In addition, the project would add more than 50 peak hour trips to the intersection during the p.m. peak hour TR-12 Traffic. Under the Long-SM-TR-12: At the intersection of Dublin Boulevard and Tassajara Road, the Fair share contribution City of Dublin Term Cumulative necessary mitigation measure is to add a fourth eastbound through lane on Dublin paid at issuance of first Public Works Dept. Conditions, the intersection Boulevard. The project Applicant/Developer is to make a fair share monetary building permit and Building of Dublin Boulevard and contribution toward this improvement. Division Tassajara Road would operate at unacceptable Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials LOS F during the p.m. peak hour. In addition, the project would add more than 50 peak hour trips to the intersection during the p.m. peak hour TR-13 Traffic. Under Short-Term SM-TR-13: At the intersection of Dublin Boulevard and Dougherty Road, the Fair share contribution City of Dublin Cumulative plus Project mitigation measure to reduce this queuing impact would require changing signal paid at issuance of first Public Works Dept. Conditions at the timing by shifting 2 seconds of green time from the northbound through movement building permit and Building intersection of Dublin to the southbound left-turn movement. The project Applicant/Developer is to make Division Boulevard and Dougherty a fair share monetary contribution toward this improvement. Road during the p.m. peak hour, project traffic would lengthen the southbound left-turn queue by more than 25 feet, where the vehicle queue already exceeds the turn pocket length under the Short-Term Cumulative Conditions TR-14 Traffic. Under Short-Term SM-TR-14: At the intersection of Dublin Boulevard and Arnold Road, a mitigation Fees paid at issuance of City of Dublin Cumulative plus Project measure is recommended for the intersection LOS significant impact under Long-first building permitPublic Works Dept. Conditions at the Term Cumulative plus Project Conditions (Supplemental Mitigation Measure TR-and Building intersection of Dublin 8). However, this mitigation measure would not reduce the eastbound left-turn Division Boulevard and Arnold Road queue. The required mitigation measure for this impact is to add a second during the p.m. peak hour, eastbound left-turn lane with the same storage length as the existing eastbound left- project traffic would turn lane, and a second northbound receiving lane. This improvement would require lengthen the eastbound left-reducing the existing median width to approximately a minimum of four feet, and turn queue by more than 25 relocating the lighting poles and the landscaping in the median, similar to the feet, where the vehicle existing median configuration on the east side of the intersection that provides two queue already exceeds the westbound left-turn lanes. The Applicant/Developer is required to pay TIF fees to turn pocket length under the help fund this improvement. Short-Term Cumulative Conditions. TR-15 Traffic. Under Short-Term SM-TR-15: At the intersection of Dublin Boulevard and Tassajara Road, Fair share contribution City of Dublin Cumulative plus Project mitigation measures are recommended for the intersection LOS significant impact paid at issuance of first Public Works Dept. Conditions at the under Short-Term Cumulative plus Project Conditions (Supplemental Mitigation building permit and Building intersection of Dublin Measure TR-2) and Long-Term Cumulative plus Project Conditions (Supplemental Division Boulevard and Tassajara Mitigation Measure TR-12). However, these mitigation measures would not reduce Road during the p.m. peak the eastbound left-turn queue. The mitigation measure to reduce this queuing hour, project traffic would impact would require changing signal timing by increasing the total green time for lengthen the eastbound left-the eastbound left-turn movement from 20 seconds to 30 seconds, which would Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials turn queue by more than 25 increase the total cycle length from 160 seconds to 170 seconds. The project feet, where the vehicle Applicant/Developer is to make a fair share monetary contribution toward this queue already exceeds the improvement. turn pocket length under the Short-Term Cumulative Conditions TR-16 Traffic. Under Long-Term SM-TR-16: At the intersection of Dublin Boulevard and Hacienda Drive, a Fair share contribution City of Dublin Cumulative plus Project mitigation measure is recommended for the intersection LOS significant impact paid at issuance of first Public Works Dept. Conditions at the under Long-Term Cumulative plus Project Conditions (Supplemental Mitigation building permit and Building intersection of Dublin Measure SM-TR-9). However, this mitigation measure would not reduce the Division Boulevard and Hacienda eastbound left-turn queue. The mitigation measure to reduce this queuing impact Drive during the p.m. peak would require changing signal timing by shifting 5 seconds of green time from the hour, project traffic would westbound through movement to the eastbound left-turn movement. The project lengthen the eastbound left-Applicant/Developer is to make a fair share monetary contribution toward this turn queue by more than 25 improvement. feet, where the vehicle queue already exceeds the turn pocket length under the Long-Term Cumulative Conditions TR-17 Traffic. Under Long-Term SM-TR-17: Implement SM-TR-10. Fair share contribution City of Dublin Cumulative plus Project paid at issuance of first Public Works Dept. Conditions at the building permit and Building intersection of Hacienda Division Drive and Martinelli Way - Hacienda Crossings during the p.m. peak hour, project traffic would lengthen the eastbound left-turn queue by more than 25 feet, where the vehicle queue already exceeds the turn pocket length under the Long-Term Cumulative Conditions TR-18 Traffic. Under Long-Term SM-TR-18: At the intersection of Dublin Boulevard and Tassajara Road, a Fair share contribution City of Dublin Cumulative plus Project mitigation measure is recommended for the intersection LOS significant impact paid at issuance of first Public Works Dept. Conditions at the under the Long-Term Cumulative plus Project Conditions (Supplemental building permit and Building intersection of Dublin Mitigation Measure SM-TR-12). However, this mitigation measure would not Division Boulevard and Tassajara reduce the eastbound left-turn queue. The mitigation measure to reduce this Road during the p.m. peak queuing impact would require changing signal timing by increasing the total green hour, project traffic would time for the eastbound left-turn movement from 20 seconds to 30 seconds, which lengthen the eastbound left-would increase the total cycle length from 160 seconds to 170 seconds. The project Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials turn queue by more than 25 Applicant/Developer is to make a fair share monetary contribution toward this feet, where the vehicle improvement. queue already exceeds the turn pocket length under the Long-Term Cumulative Conditions TR-19 Traffic. Under Long-Term SM-TR-19: Implement SM-TR-1. Prior to issuance of the City of Dublin Cumulative Conditions, first building permit. Public Works Dublin Boulevard between Department and Dougherty Road and Planning Divisions Tassajara Road would operate at unacceptable LOS F for both directions during the p.m. peak hour. The addition of the proposed project would increase the segment v/c ratio by more than 0.02 for both directions TR-20 Traffic. During SM-TR-20: The project developer shall prepare a Construction Traffic Prior to issuance of the City of Dublin construction of the proposed Management Plan for submittal to the City, which shall be subject to review and first building permit. Public Works project, heavy truck trips conditions as determined by the Dublin City Engineer. The Construction Traffic Department and generated by hauling Management Plan shall include the following information and additional Planning Divisions materials to and from the information as requested by the City Engineer: site could impact traffic a) Map of haul routes for heavy trucks. conditions on some local b) Hours of operation. roadways during peak c) Detailed plan for any proposed truck staging on public right-of-way. commute periods d) Parking plan for construction workers during each major phase of construction, including: number of vehicles expected to park; location(s) and number of parking spaces available at arranged areas. e) Detailed plan for any proposed street or street lane closures. TR-21 Traffic. At the most SM-TR-21: At the most easterly right-turn-in/right-turn-out only project driveway Prior to issuance of the City of Dublin easterly right-turn-in/right-on Dublin Boulevard, the necessary mitigation measure is to add a signal for the first building permit. Public Works turn-out only project exiting vehicles. This signal will be linked to the signal of the intersection of Department and driveway on Dublin Dublin Boulevard/Sybase Drive/Project Driveway, and will provide a green arrow Planning Divisions Boulevard, visibility would for the northbound right-turn movement when the red light is given for the be limited for the exiting eastbound through traffic at the upstream intersection at Sybase Drive. vehicles turning into the eastbound right turn lanes from Dublin Boulevard to Hacienda Drive BIO-1 Biological Resources. The SM-BIO-1: If avoidance of these jurisdictional waters on the site is not feasible, Prior to issuance of City of Dublin Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials proposed project would suitable compensatory mitigation shall be provided based on the concept of no net grading permits and/or Planning Division result in the fill of 0.008 loss of wetland habitat values or acreages. In such an eventuality, a wetland disturbing any acres of potentially mitigation plan shall be developed and implemented that includes creation, jurisdictional wetland jurisdictional waters of the restoration, and/or enhancement of off-site wetlands prior to project ground areas on the project site. U.S. and/or waters of the disturbance. Mitigation areas shall be established in perpetuity through dedication State of a conservation easement (or similar mechanism) to an approved environmental organization and payment of an endowment for the long-term management of the site. The mitigation plan is subject to the review and approval of the Corps and Regional Water Quality Control Board (RWQCB). BIO-2 Biological Resources. The SM-BIO-2: Focused surveys for special-status plants shall be conducted on the site Surveys shall be City of Dublin proposed project could according to the California Fish & Wildlife Service (2009) Protocols for Surveying conducted at the Planning Division impact special-status plant and Evaluating Impacts to Special Status Plant Populations and Natural appropriate time as noted species on the site, although Communities. Plant surveys shall be conducted throughout the blooming period of in the mitigation measure. habitat on the site for the those species for which suitable habitat is present. Two or three separate surveys Selected mitigation presence is considered may be required to cover the blooming period of the plants in Table 4.4-1. If approach shall be marginal populations/stands of a special-status species are identified during the surveys and determined by the impacts are unavoidable, compensatory mitigation shall be provided, such as the Applicant, approved by acquisition of off-site mitigation areas presently supporting the species in question, the City, and shall be purchase of credits in a mitigation bank that is approved to sell credits for the executed prior to issuance affected species, or payment of in-lieu fees to a public agency or conservation of grading permits and/or organization for the preservation and management of existing populations. The disturbing any biological location of mitigation sites shall be determined in consultation with, and subject to resources on the project approval of, US Fish and Wildlife Service and/or California Department of Fish & site. Wildlife. In the cases where the special-status plant species is neither federal- nor state-listed, the lead agency shall approve the mitigation approach for the given species using guidance provided in the East Alameda County Conservation Strategy and in consultation with the City’s consulting biologist. Off-site compensatory mitigation shall be acquired at a minimum acreage ratio of 1:1 (acquired:impacted). For off-site mitigation options, measures shall be implemented (including contingency measures) providing for the long-term protection of the species. BIO-3 Biological Resources. The SM-BIO-3: Preconstruction surveys shall be conducted for burrowing owls prior Surveys shall be City of Dublin proposed project could to grading or construction activities. These surveys should conform to the survey conducted in accordance Planning Division impact the habitat for protocol established in the Staff Report on Burrowing Owl Mitigation (CDFW with the CDFW protocol. nesting or wintering 2012b). Burrowing owls could nest or winter in the site’s approximate 13 acres of Mitigation shall be burrowing owl by ruderal/disturbed non-native grassland habitat and within the suitable grassland performed to the disturbing the existing habitat adjacent to the site. The following measures are consistent with the satisfaction of CDFW and ground surface. provisions of the Migratory Bird Treaty Act and the California Department of Fish proof shall be provided to & Wildlife standards: the City prior to issuance a) No more than 14 days prior to any ground disturbing activities, a qualified of grading permits and/or biologist shall conduct a take avoidance survey for burrowing owls. If no owls disturbing any biological are found during this first survey, a final survey will be conducted within 48 resources on the project Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials hours prior to ground disturbance to confirm that burrowing owls are still site. absent. If ground disturbing activities are delayed or suspended for more than 14 days after the initial take avoidance survey, the site shall be resurveyed (including the final survey within 48 hours of disturbance). All surveys shall be conducted in accordance with California Department of Fish & Wildlife guidelines. b) If burrowing owls are found on the site during the surveys, mitigation shall be implemented in accordance with applicable California Department of Fish & Wildlife and other applicable standards. More specifically, if the surveys identify breeding or wintering burrowing owls on or adjacent to the site, occupied burrows cannot be disturbed and shall be provided with protective buffers. Where avoidance is not feasible during the non-breeding season, a site- specific exclusion plan (i.e., a plan that considers the type and extent of the proposed activity, the duration and timing of the activity, the sensitivity and habituation of the owls, and the dissimilarity of the proposed activity with background activities) shall be implemented to encourage owls to move away from the work area prior to construction and to minimize the potential to affect the reproductive success of the owls. The exclusion plan shall be subject to California Fish & Wildlife approval and monitoring requirements. Compensatory mitigation could also be required either by California Fish & Wildlife as part of the approval of an exclusion plan. Mitigation may include the permanent protection of habitat at a nearby off-site location acceptable to the California Dept. of Fish & Wildlife. BIO-4 Biological Resources. SM-BIO-4: Project contractors shall avoid construction activities during the bird Pre-construction surveys City of Dublin Construction of the nesting season (February 1 through August 31). If construction activities are shall be initiated in Planning Division proposed project could scheduled during the nesting season, a qualified biologist shall conduct at least accordance with the impact nesting birds on and three surveys of the site to develop a baseline of nesting activity on and adjacent to mitigation measure (60 – immediately adjacent to the the project site. Depending on the construction schedule, preconstruction surveys 14 days prior to start of site shall be initiated prior to the planned construction activity to allow adequate time work). All other actions for the multiple site visits (e.g., for construction activities planned for mid-May, the to be completed prior to first survey should be conducted in mid-March, the second in mid-April, and the the issuance of grading third in early May). All trees, shrubs, or other suitable nesting habitat within 250 permits and/or disturbing feet of the project site shall be searched for nests by a qualified biologist during the any biological resources preconstruction survey. The final preconstruction survey shall be conducted no on the project site. more than 14 days prior to the start of work. If the survey indicates the presence of nesting birds, protective buffer zones shall be established around the nests as follows: for raptor nests, the size of the buffer zone shall be a minimum 250-foot radius centered on the nest; for other birds, the size of the buffer zone shall be a 50- foot radius centered on the nest. In some cases, these buffers may be increased or decreased depending on the bird species and the level of disturbance that will occur near the nest. Changes to the buffer should be made by the project biologist in consultation with California Department of Fish & Wildlife. Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials VIS-1 Visual Resources. The SM-VIS-1: As part of the Building Permit submittal, the project developer shall submit At Building Permit City of Dublin proposed project would lighting details and a photometric plan to the City of Dublin for review and approval. At submittal Building and include new sources of light minimum, the submittal shall include: Planning Divisions in this portion of Dublin, a) A lighting plan illustrating the approximate location of all exterior light fixtures to be including but not limited to placed on the project site. parking lot lighting, lighted b) Design details for cut-off lenses on the fixtures or other similar techniques to directed exterior signs, building light to the intended area of illumination and to prevent off-site glare impacts on signs and security lighting project site and adjacent buildings and properties. c) A photometric plan demonstrating lighting levels required to provide adequate safety and security onsite and also demonstrating that light will not spill over the site onto adjacent streets or properties. NOISE-Noise. The operation of the SM-NOISE-1: The final design and location of project mechanical equipment Prior to issuance of City of Dublin 1 project could increase shall be reviewed by a qualified acoustical consultant to confirm that operational Building Permits Building and ambient noise levels at noise levels would not exceed 54 dBA L at nearby noise sensitive land uses. If Planning Divisions eq nearby noise-sensitive land needed, the final design and location of mechanical equipment shall be modified to uses conform with noise parameters set forth in this analysis. AQ-1 Air Quality. Minimizing SM-AQ-1: The project applicant shall adhere to the following dust control Ongoing throughout City of Dublin fugitive dust from measures, which shall replace those included in EDSP EIR Mitigation Measure construction. Public Works construction sites 3.11/1.0: Department and a) All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, Planning Division and unpaved access roads) shall be watered two times per day. b) All haul trucks transporting soil, sand, or other loose material off-site shall be covered. c) All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. d) All vehicle speeds on unpaved roads shall be limited to 15 mph. e) All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used. f) Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage shall be provided for construction workers at all access points. g) All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. h) Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials visible to ensure compliance with applicable regulations. AQ-2 Air Quality. The project SM-AQ-2: Implement SM-TR-1 in addition to the following: Prior to approval of Final City of Dublin would result in a The City shall require the following additional measures to reduce overall vehicle-Landscape Plans Public Works cumulatively considerable related emissions: Department and net increase of criteria a. Provide shading in the parking lot, to the maximum extent possible, to reduce Planning Division pollutants for which the evaporative ROG emissions; and project region is non-b. Provide appropriate electrical outlets and signage to reduce truck idling and use attainment under applicable of mobile refrigeration units that are powered by diesel fuel. Federal or State ambient air quality standards (including releasing emissions which exceed quantitative thresholds for ozone precursors) AQ-3 Air Quality. The project SM-AQ-3: Implement SM-AQ-2. Ongoing throughout City of Dublin would result in a violation construction. Public Works of regional air quality Department and standard and would Planning Division contribute substantially to an existing or projected air quality violation. AQ-4 Air Quality. The project SM-AQ-4: Implement SM-AQ-2. Ongoing throughout City of Dublin would conflict with the construction. Public Works regional Clean Air Plan. Department and Planning Division AQ-5 Air Quality. The project SM-AQ-5: The final design of the project shall include all requirements of the City Ongoing throughout City of Dublin would generate greenhouse Climate Action Plan, including policies A.1.4, A.1.5, A.1.8, A.1.9, A.3.4, and construction. Public Works gas emissions, both directly A.3.6. In addition, the project proponent is encouraged to participate in subsidy Department and and indirectly, that would programs such as Climate Action Plan polices A.2.4 and A.3.5. Planning Division have a significant impact on the environment and would conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases HAZ-1 Hazards. Proposed site SM-HAZ-1: Contaminated soils shall be remediated prior to issuance of a grading Prior to issuance of City of Dublin grading activities and permit. Any soil removed from the site shall be tested to determine the appropriate Grading Permit. Public Works related disturbance of site recipient site, which could include a certified hazardous materials landfill facility. Department and soils could release identified Documentation of the worker safety plans shall be prepared and submitted to Planning Division deposits of residual appropriate regulatory agencies issuing permits. The applicant shall obtain hydrocarbons and other necessary permits from the California Department of Toxic Substances Control, Impact Topic/Supplemental Supplemental Mitigation Measure Implementation and Monitoring Responsibility/ Impact Monitoring Schedule Reporting Date/ Monitor’s Initials contaminants into the Alameda County Health Department or others. environment, possibly exposing construction workers and visitors during construction. HAZ-2 Hazards. If required, SM-HAZ-2: If construction dewatering is necessary, the appropriate permit shall Prior to issuance of City of Dublin construction dewatering be obtained from the Regional Water Quality Control Board (RWQCB), Dublin Grading Permit. Public Works activities could release San Ramon Services District, or other agency with jurisdiction, if the water is to be Department and identified accumulations of discharged into a storm or sanitary sewer system. Groundwater removed during Planning Division residual hydrocarbons, construction dewatering shall be treated to the extent required by the permit agency solvents, and other prior to discharge. A construction dewatering plan shall be prepared and submitted contaminants into the with the dewatering permit application. Reuse of groundwater as an on-site dust environment, possibly palliative or for soil compaction is acceptable if requisite testing and comparison to exposing construction CAL-EPA screening thresholds indicate that the groundwater is suitable for reuse. workers, and surrounding If reuse is not possible, contaminated water shall be safely removed to an approved residents and visitors during site. construction.