HomeMy WebLinkAboutItem 6.1 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
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DRAFT DRAFT
Planning Commission Minutes
Tuesday, November 12, 2013
CALL TO ORDER/ROLL CALL
Tuesday, November
A regular meeting of the City of Dublin Planning Commission was held on
12, 2013
, in the City Council Chambers located at 100 Civic Plaza. 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
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Regular Meeting
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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
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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
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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
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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
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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 Citys 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 Citys 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: OKeefe, 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: OKeefe, 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: OKeefe, 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 sites 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 Citys 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 REQDSOURCE
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 REQDSOURCE
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 Applicants 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 REQDSOURCE
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 REQDSOURCE
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 REQDSOURCE
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 REQDSOURCE
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 REQDSOURCE
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 REQDSOURCE
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 REQDSOURCE
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 Citys 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 Citys 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 REQDSOURCE
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
Citys 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 Recorders 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 REQDSOURCE
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 REQDSOURCE
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 REQDSOURCE
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 engineers
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 REQDSOURCE
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 REQDSOURCE
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 REQDSOURCE
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/Developers duty to so defend, indemnify,
and hold harmless shall be subject to the Citys
promptly notifying the Applicant/Developer of any said
claim, action, or proceeding and the Citys 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 Citys 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 REQDSOURCE
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 Citys Streetscape
Master Plan.
Pedestrian Lighting: Applicant shall install all Type 15
lighting along the frontage per current City of Dublin
21
CONDITION TEXTRESPON. WHEN REQDSOURCE
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 Dublins 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 REQDSOURCE
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 Citys 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 REQDSOURCE
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 projects 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.
DSRSDs 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 REQDSOURCE
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
engineers 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 REQDSOURCE
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 Citys 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: OKeefe, 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)
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7
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TR
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Less than significant
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up
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E
I
R
P
a
g
e
2
6
Ci
t
y
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f
D
u
b
l
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n
October 2013
th
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p
.
m
.
p
e
a
k
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r
TR
-
9
Tr
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Dr
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SM
-
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R
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9
:
A
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Less than significant
TR
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.
Significant and Unavoidable
TR
-
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SM
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p
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v
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m
e
n
t
.
Less than significant
Th
e
V
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a
g
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t
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F
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up
p
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t
a
l
E
I
R
P
a
g
e
2
7
Ci
t
y
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f
D
u
b
l
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n
October 2013
th
e
p
.
m
.
p
e
a
k
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r
.
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n
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d
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SM
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1
3
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t
.
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to
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t
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2
8
Ci
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October 2013
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up
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R
P
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2
9
Ci
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D
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October 2013
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f
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p
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c
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k
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n
(
s
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a
n
d
n
u
m
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p
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k
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g
s
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2
1
Tr
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f
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m
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m
D
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o
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c
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n
d
a
D
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v
e
SM
-
T
R
-
2
1
:
A
t
t
h
e
m
o
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h
t
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n
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g
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t
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l
y
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d
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v
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w
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n
D
u
b
l
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n
Bo
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l
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v
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d
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t
h
e
n
e
c
e
s
s
a
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m
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g
a
t
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m
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a
s
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s
t
o
a
d
d
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c
l
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s
.
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g
n
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w
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k
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B
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Dr
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D
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v
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w
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d
w
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a
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w
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d
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g
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c
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S
y
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D
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v
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.
Less than significant
BI
O
-
1
Bi
o
l
o
g
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c
a
l
R
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s
o
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r
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s
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T
h
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pr
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d
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s
u
l
t
in
t
h
e
f
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l
l
o
f
0
.
0
0
8
a
c
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s
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f
po
t
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n
t
i
a
l
l
y
j
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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
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s
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j
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d
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t
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a
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w
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t
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p
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d
b
a
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d
o
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t
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c
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p
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f
n
o
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s
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w
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t
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a
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b
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t
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a
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s
.
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n
s
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c
h
a
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n
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a
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t
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a
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d
m
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p
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a
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d
/
o
r
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n
h
a
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m
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n
t
o
f
o
f
f
-
Less than significant
Th
e
V
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l
l
a
g
e
a
t
D
u
b
l
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n
F
i
n
a
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S
up
p
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m
e
n
t
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l
E
I
R
P
a
g
e
3
0
Ci
t
y
o
f
D
u
b
l
i
n
October 2013
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4
.
4
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1
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3
2
Ci
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October 2013
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d
d
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a.
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u
m
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p
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s
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b
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t
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d
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a
p
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t
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v
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Less than significant
Th
e
V
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l
l
a
g
e
a
t
D
u
b
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F
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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
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c
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g
i
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October 2013
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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.
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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
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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
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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.
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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
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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):
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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):
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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
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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.
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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.