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HomeMy WebLinkAboutReso 45-04 IKEASiteDevRev RESOLUTION NO. 45 - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW FOR PA 02-034 IKEA PROPERTY INC. WHEREAS, IKEA Property, Inc. submitted applications for an IKEA store, a retail center and related improvements on a 27.54 acre site north of 1-580, between Arnold Road and Hacienda Boulevard. The project proposes an approximately 317,000 square foot IKEA store on the westerly portion of the site, and an approximately 137,000 square foot retail center on the easterly portion of the site. The development includes applications to amend the General Plan and Eastern Dublin Specific Plan from Campus Office to General Commercial; to rezone the site to PD-planned Development and adopt related Stage 1 and Stage 2 Development Plans; to approve a Site Development Review for the IKEA store; and to approve a vesting tentative parcel map and development agreement. The applications are collectively known as the "Project"; and WHEREAS, a completed application for Site Development Review is available and on file in the Dublin Planning Department; and WHEREAS, the City prepared and circulated a Drat~ Supplemental EIR analyzing the potential environmental effects of the Project. The City prepared a Final Supplemental EIR comprised of written responses to all comments received on the Draft Supplemental EIR. On February 24, 2004, the Planning Commission adopted Resolution 04-10 recommending that the City Council certify the Draf~ and Final Supplemental EIRs as the Supplemental Environmental Impact Report (SEIR)for the Project, which resolution is incorporated herein by reference; and WltEREAS, at a noticed public hearing on February 24, 2004, the Planning Commission considered the Staff report, all written and oral testimony submitted to them and based thereon, did not recommend adoption of the proposed amendments to the General Plan and Eastern Dublin Specific Plan, which resolutions are incorporated herein by reference; and WHEREAS, a City Council Staff report dated March 16, 2004 and incorporated herein by reference, described and analyzed the SEIR and the Project, including the Site Development Review; and WHEREAS, at a noticed public hearing on March 16, 2004, the City Council considered the Staff report, the SEIR, the Planning Commission reconunendations, and all written and oral testimony submitted at the public hearing; and WHEREAS, on March 16, 2004, the City Council adopted Resolution No. 44-04, incorporated herein by reference, certifying the SEIR as adequate and complete pursuant to the California Environmental Quality Act, and adopting mitigation and alternatives findings as well as a Statement of Overriding Considerations and a Mitigation Monitoring Program as required for approval of the Project; and WHEREAS, a DevelOpment Plan has been submitted to the City as required by section 8.32 of the Dublin Zoning Ordinance; and WHEREAS, the City Council did hold a public heating on said application on March 16, 2004 and took public testimony on said matter; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth (collectively, "Evidence"). NOW, THEREFORE, BE IT RESOLVED THAT, BASED ON THE EVIDENCE, the Dublin City Council docs hereby make the following findings and determinations regarding said proposed Site Development Review:. A. Approval of this application (PA 02-034) as conditioned is consistent with the purpose and intent of Section 8.104 (Site Development Review) of the Dublin Zoning Ordinance. The approval of this application, as conditioned, will comply with the policies of the General Plan and the Eastern Dublin Specific Plan (both as amended by the Project), and the Planned Development Rezoning and Development Plan for the project which allows for commercial development at this location. Co The approval of this application, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare as the development is consistent, as conditioned with all laws and ordinances of the City of Dublin. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, as conditioned, has been designed to provide a desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the approved develOpment. F. Impacts to view have been addressed and the project has been found to be consistent with the Eastern Dublin Scenic Corridor Policies and Standards document. G. Impacts to existing slopes and topographic features have been addressed as the subject property is essentially flat. The project has been designed with architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings have been incorporated into the project and as Conditions of Approval in order to ensure compatibility of this development with the development's design concept and character of surrounding uses. Landscape considerations, including the location, type, size and coverage of plant materials and similar elements combined with Conditions of Approval have been established to ensure visual relief and an attractive public environment. The approval of this application, as conditioned, is in conformance with regional transportation plans and requires the Applicant/Developer to either construct or pay for the project's fair share of transportation improvements. K. The approval of the Site Development Review is consistent with the Dublin General Plan and the as amended Eastern Dublin Specific Plan. The Supplemental EIK and related Findings, Statement of Overriding Considerations and Mitigation Monitoring Program apProved by the City Council by Resolution No. 44 - 04 are adequate and sufficient to satisfy CEQA, CEQA Guidelines and the City of Dublin's environmental guidelines with respect to the Planning Commission's action on the Project as set forth herein, and hereby incorporates by reference said documents. NOW, TItEREFORE BE IT FIJRTItER RESOLVED TItAT TItE City of Dublin City Council hereby approves the Site Development Review Application for PA 02-034 to construct a 317,000 square foot retail building on APN 986-0005-040 as generally depicted by materials labeled "Exhibit A", stamped "approved" and on file in the City of Dublin Planning Department. This recommendation shall conform generally to the Site Plan prepared by Ware Malcomb dated December 19, 2003, received by the Department of Community Development, unless modified herein by the Conditions of Approval contained below and shall be subject to the Conditions of Approval contained below. COI ITIONS OF APPROVAL Unless otherwise stated, aH Conditions of Approval shall be complied with prior to final occupancy of any buildin~ and shaH be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance with the Conditions of Annroval: IPL1 Planning, [BI BUi]dinl!~ I]~O] 'P°ii~e~"~W]'l~iiliii~-wi/rks~ [ADM] Admini~tration/l~ity Atto'rne¢, [FIN] l~ance, [PCS] Parks and Community Services, '~ Alameda County Fire Dept., [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control and water Conservation District Zone 7. 1. Final Landscape Plan. ApPlicant/DeVel°Per shall submit final landscape plans (for all on PL and off-site areas), conforming to the requirements of Section 8.72.030 of the Zoning Issuance of Ordinance (unless otherwise required by this Resolution), which shall be subject to the Building review and approval by the Director of Community Development and the Director of Permit Public Works. The landscape plans shall include the following information: hardscape details, striping details, quantity, size, spacing and species of landscape elements, and light standards. All above ground utilities shall be screened. Additionally, the landscape plans shall include a unified design for the "Main Access in Path" including unified light standards, plant and tree species, and hardscape treatments. 2. Landscape Maintenance. All landscape, inSgation, and hardScaPe areas on the site PL (including paths, roads, sidewalks, etc.) shall be properly maintained at ail times. Any . modification to the landscaping of the site, including the removal trees, shall require prior On-Going review and written approval from the Community Development Director. 3. Standard Plant Material, Irrigation System and Maintenance Agreement. ' PL Applicant/Developer shall sign and submit a signed copy of the City of Dublin Standard Plant Material, Irrigation System and Maintenance Agreement prior to the occupancy of Occupancy any units. 4. Bicycle Parking. Bicycle parking shall be provided near the building entries at a ratio of PL 1 rack per 40 vehicle parking spaces. Bicycle racks shall be designed to accommodate a Occupancy minimum of four bicycles per rack, and so that each bicycle can be secured to the rack. 3 The location of the bicycle racks shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4' in accordance with the City of Dublin Zoning Ordinance and to the satisfaction of the Director of Public Works. 5. General Plan and Specific Plan. Applicant/Developer shall pay for the mapping work PL and printing of the Eastern Dublin Specific Plan and General Plan to reflect the General Occupancy Plan and Specific Plan amendment approval. 6. Parking Spaces. All parking spaces shall be double-striped with 4-inch wide stripes set PL approximately 2 feet apart. ~ ,~ ~ ~ Occupancy 7. Building Maintenance. The building and associated signage shall be properly PL maintained at all times .... On-Going 8. Exposed Stair. The finish and design of the exposed stair on the north, south and west P1 elevation shall be subject to review and approval by the Director of Community Issuance of Development. Building Permits 9. Concrete Wall. The finish of the concrete wall of the loading dock shown on the East PL Elevation shall be subject to review and approval by the Director of Community Issuance of Development Building Permits 10. ' Glazing Application. The use of opaque glazing shall be limited and the application of PL opaque and translucent/transparent glazing shall be subject to review and approval by the Issuance of Director of Community Development. Building Permits 11. Mechanical Equipment. All ducts, meters, transformers, air conditioning equipment and PL other mechanical equipment that is on-site or roof mounted shall be screened from view. Issuance of A screening plan shall be submitted for review and approval by the Community Building Development Director and Building Official prior to approval of Building Permit. Said Permits screening plan shall show that all ducts, meters, air conditioning equipment and other mechanical and utility equipment shall be effectively screened from view with materials architecturally compatible with the materials of the structure. 12. Signs. Ali signs shall be well maintained in an attractive manner. Any indirect light PL fixtures used to illuminate any signage shall be glare-shielded. Wall-mounted signs shall be placed flat against the building wall. If signs change, all mounting holes shall be On-Going repaired and walls repainted prior to mounting the new signs 13. Monument Signs. Design of monument signs shall be approved by the Director of PL, PW Community Development to assure compatibility with design elements of the project and Completion by the Director of Public Works to assure unobstructed traffic visibility of Improvement s 14. Temporary Promotional Signs. The use of any Temporary Promotional Signs (i.e., PL, B banners, pennants, flags, balloons, searchlights and similar advertising devises) for special Issuance of advertising and or promotional use shall first require a separate Zoning Clearance approval Building and shall comply with the provisions established in Sign Regulations, Chapter 8.84 of the Permits Zoning Ordinance. 4 15. Development Agreement/Expiration. The approval of this project shall be predicated PL upon and pursuant to the terms set forth in the Development Agreement between the City On-going of Dublin and IKEA Property Inc. In the event of conflict between the terms of the Development Agreement and the Conditions of Approval contained herein, the terms of the Development Agreement shall prevail. The Development Agreement must be effective prior to issuance of building permits 16. Revocation. The SDR will be revocable for cause in accordance with Section 8.96.020.I PL of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval On going shall be subject to citation. 17. Effective Date. SDR approvals shall not become effective until the certification of the PL IKEA Supplemental Environmental Impact Report and the approval of the General Plan Issuance of and Eastern Dublin Specific Plan Amendments and the Planned Development Rezone has Grading become effective. Permits 18. Required Permits. Applicant/Developer Shall comply with the City of Dublin Zoning Various Ordinance and obtain all necessary permits required by other agencies (Alameda County Various Flood Control District Zone 7, Califomia Department of Fish and Game, Army Corps of times, but no Engineers, Regional Water Quality Control Board, State Water Quality Control Board, later than Etc.) and shall submit copies of the permits to the Department of Public Works. Issuance of Building Permits 19. Term. Approval of the Site Development Review shall be valid for one year from PL approval by the Planning Commission. If construction has not commenced by that time, On-going this approval shall be null and void. The. approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) The term of the Site Development Review approval shall be as stated, unless otherwise provided for in the Development Agreeement between the City of Dublin and IKEA Property Inc. 20. Refuse Collection Areas. The refuse collection areas within the project shall be reviewed PW, PL by the refuse collection service provider to ensure that adequate space is provided to Approval of accommodate collection of refuse from this facility. All trash enclosure areas shall be Improvement constructed with roof coverage and concrete pads and subject to review and approval by Plans the Director of Community Development. A ten-foot concrete pad shall be provided outside any trash enclosure area. 21 Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid waste Bldg. management and recycling requirements. On-going 22. Refuse Collection. The refuse collection service prOVider shall be 'consulted to ensure that PL adequate space is provided to accommodate collection and sorting of petmcible solid Occupancy waste as well as source-separated recyelable materials generated by the project. 23. Rodenticides and Herbicides. The use ofrodenticides and herbicides within the project PL area shall be performed in cooperation with and under the supervision of the Alameda Issuance of County Department of Agriculture and will be restricted, to the satisfaction of the Director Grading of Comrmmity Development, to reduce potential impacts to wildlife. Permit 24. Archaeological Materials. If, during construction, archaeological materials are PL encountered, construction within 100 feet of these materials, shall be halted until a On-going professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opporttmity to evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed necessar7 25. Kit Foxes. Should any Kit Foxes be discovered on the site, either during the PL, PW Preconstruction Survey or during project construction, the Applicant/Developer shall be Issuance of responsible for complying with the Kit Fox Protection Plan. Grading Permit 26. Housing and Employment Monitoring system. Prior to opening for business, each FIN business shall provide a list to the City of the number, type and salary level of employees Occupancy for the business in order for the City to implement the required housing and employment monitoring system required by the Easter Dublin Specific Plan, provided, however, the City shall keep such information confidential and may not be disclosed without the prior written consent of Applicant/Developer. 27. Preconstruction Survey. Applicant/Developer shall comply with all Eastern DUblin PL, PW Specific Plan EIR mitigation measures for mitigating potentially significant plant and Issuance of animal species impacts. Within 60 days prior to any habitat modification, Grading Applicant/Developer shall submit a preconstruction survey, prepared by a biologist (to be Permit approved and hired by the City prior to commencement of the survey.) Said survey shall examine whether any sensitive species exist on or adjacent to the site and, if any exist, shall include recommended protection plans, including any modifications to site design, for those sensitive species that may be discovered as a result of the survey. Applicant/Developer shall be responsible for the cost of the survey and staff review of the survey. The significance of any discoveries and adequacy of recommended protection measures shall be subject to the discretion of the Director of Community Development. Said protection plans and measures shall occur at least 21 days prior to anticipated habitat modification. Any updated surveys and/or studies that may be completed subsequently shall be submitted to the Department of Community Development 28 Itold Itarmless/Indemnifieation - Applicant/Developer shall defend, indemnify, and hold PL, ADM harmless the City of Dublin and its agents, officers, and employees from any claim, action, Through or proceeding against the City of Dublin or its agents, officers, or employees to attack, set completion aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal of board, Planning Commission, City Council, Director of Community Development, Zoning Improvement Administrator, Planning Manager or any other department, committee, or agency of the s and City to the extent such actions are brought within the time period required by Government Occupancy Code Section 66499.37 or other applicable law; provided, however, that the of the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to Building 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. 29. Public Art. Any public ar[. placed in the project shall conform with the requirements of PL, PCS the City of Dublin Public Art Policy. On-going 30. Parking Of Delivery Trucks. Parking of delivery trucks shall be limited to the express PL purpose of loading and unloading. On-going . 31. Parking Of Company Owned Vehicles. The parking of company owned vehicles with PL corporate identity (trucks with signs) between a building and a public street and along a On-going public street shall not occur, expect for the express purpose of loading and unloading. 32. Parking Of Recreation Vehicles. The parking of ReCreational Vehicles overnight, as PL de£med by the Zoning Ordinance, shall be prohibited. On-going 33. Public Facilities Fee. Applicant/Developer shall pay a Public Facilities Fee in the PCS amounts and at the times set forth in the Development Agreement. Issuance of Building Permits 34. Fire Conditions. Developer shall comply with all conditions of the Alameda County Fire F Department (ACFD), including: Issuance of a. Final location of fire hydrants shall be approved by the Alameda County Fire Building Department in accordance with current standards. Minimum fire flow design Permits shall be for 1500 gallons per minute with 20-psi residual flowing from a single hydrant. Raised blue reflectorized traffic markers shall be epoxied to the center of the paved street opposite each hydrant. A drawing of the approved locations shall be submitted for future reference. b. Fire lanes shall be identified in the plan and approved by the ACFD prior to installation. c. Emergency Vehicle Access roadways shall be designed and installed to support the imposed loads of fire equipment. The minimum standard shall be H20 design. Design shall be approved by ACFD prior to installation. d. Gates or barricades designed for emergency vehicle access shall meet the standards of the ACFD and the City of Dublin. e. Prior to the delivery of any combustible material storage on the site, fire hydrants, water supply, and roadways shall be installed and sufficient water storage and pressure shall be available to the site. f. Approved roadway shall be first lift of asphalt. g. Plans may be subject to revision following review. 35. Projected Timeline. Applicant/Developer shall submit a projected timeline for project PO completion to the Dublin Police Services Department, to allow estimation of staffing Issuance of requirements and assignments Building Permits 36. Non-Residential Security. Applicant/Developer shall comply with all applicable City of PO Dublin Non-Residential Security Requirements. Occupancy of Any Building 37. Clear of Graffiti. The developer and/or property owner and/or tenant shall keep the site PL clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the On-going structures and film for windows or glass should be used. 38. Wells. Any water wells, cathodic protection wells or expl°ratory borings shown on the Zone 7 map that are known to exist, are proposed or are located during field operations without a Issuance of documented intent of future use, filed with Zone 7, are to be destroyed prior to any Grading demolition or construction activity in accordance with a well destruction permit obtained Permits from Zone 7 and the Alameda County Department of Environmental Services or are to be maintained in accordance with applicable groundwater protection ordinances. Other wells encountered prior to or during construction are to be treated similarly. 39. Salt Mitigation. Recycled water projects must meet any applicable salt mitigation Zone 7 Issuance of requirements of Zone 7 Grading Permits 40. Requirements and Fees. Applicant/Developer shall comply with all Alameda County Zone 7, PW Flood Control and Water Conservation District-Zone 7 Flood Control requirements and Issuance of applicable fees. Building Permits 41. Construction by Applicant/Developer. All onsite potable and recycled water and DSRSD wastewater pipelines and facilities shall be constructed by the Applicant/Developer in Completion accordance with all DSRSD master plans, standards, specifications and requirements, of Improvement s 42. DSRSD Water Facilities. Water facilities must be connected to the DSRSD or other DSRSD approved water system, and must be installed at the expense of Applicant/Developer in Acceptance accordance with District Standards and Specifications. All material and workmanship for of water mains and appurtenances thereto must conform with all of the requirements of the Improvement officially adopted Water Code of the District and shall be subject to field inspection by the s District. Applicant/Developer shall comply with all conditions of Parcel Map No. 8261 and Parcel Map No. 7714. 43. General Requirements. Prior to issuance of any building permit, complete improvement DSRSD plans shall be submitted to DSRSD that conform to the requirements of the DSRSD Code, Issuance of the DSRSD "Standard Procedures, Specifications and Drawings for Design and Building Installation of Water and Wastewater Facilities." all applicable DSRSD Master Plans and Permits all DSRSD policies. 44. Water Mains. All mains shall be sized to provide sufficient capacity to each development DSRSD project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility Approval of master planning. Improvement Plans 45. Sewers. Sewers shall be designed to operate by gravity' flow to DSRSD's existing sanitary DSRSD sewer system. Pumping of sewage is discouraged and may only be allowed under extreme Approval of circumstances following a case-by-case review with DSRSD staff. Any pumping station Improvement will require specific review and approval by DSRSD of preliminary design reports, design Plans criteria and final plans and specification. DSRSD reserves the right to require payment of present worth 20-year maintenance costs as well as other condition within a separate agreement with the applicant for any project that requires a pumping station 46. Domestic And Fire Protection Waterline Systems. Domestic and fire protection DSRSD waterline systems for tracts or commercial developments shall be designed to be looped or Approval of interconnected to avoid dead end sections in accordance with requirements of the DSRDS Improvement Standard Specifications and sound enQneering practices. Plans 47. Water And Sewer Lines. DSRSD policy requires public water and sewer lines to be DSRSD located in public streets rather than in off-street locations to the fullest extent possible. If Issuance of unavoidable, then public sewer or water easements must be established over the alignment Building of each public sewer or water line in an off-street or private street location to provide Permits and access for future maintenance and/or replacement all DSRSD requirements 48. ] Easement Dedications. The locations and w~dths of all proposed easement dedications Ior DSRSD water and sewer lines shall be submitted to and approved by DSRSD and shall be by Prior to separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Issuance of Map. Grading Permit 49. Fees. All utility connections fees, plan check fees, inspection fees permit fees and fees DSRSD associated with a wastewater discharge permit shall be paid to DSRSD in accordance with Prior to the rates and scheduled established in the DSRSD Code. Issuance of Building Permit. 50. Improvement Plans. All improvement plans for DSRSD facilities shall be signed by the DSRSD District Engineer. Each drawing of improvement plans shall contain a signature block for Prior to the District engineer indicating approval of the sanitary sewer or water facilities shown. Issuance of Prior to the approval by the District Engineer, the applicant shall pay all required DSRSD Building fees, provide an engineer's estimate of construction costs for water and sewer systems, a Permit performance bond, a one-year maintenance bond, and 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 si~tmamre by the District Engineer. 51. Construction Permit. No sewer or waterline construction shall be permitted unless the DSRSD proper utility construction permit has been issued by DSRSD. Issuance of Building Permit 52. Hold Harmless. The applicant shall hold DSRSD, its Board of Directors, commissions, DSRSD employees, and agents of DSRSD harmless and indemnify and defend the same from any On-going litigation, claim.q, or fines resulting from the construction and completion of the project. 53. Recycled Water. The project is located within the District Recycled Water Use Zone DSRSD (Ord. 280), which calls for installation of recycled water irrigation systems to allow for Approval of future use of recycled water for approved landscaped irrigation demands. Recycled water Improvement will be available in the future, as described in the DSRSD Eastern Dublin Facilities Plan Plans Update, June 1997. Compliance with Ord. 280, as may be amended or superseded, is required, the District Engineer must approve any exemption thereto, in conformance with Ordinance 280. 54. Irrigation Facilities. All irrigation facilities shall be subject to review by the District for DSRSD compliance with District and Department of Health Services requirements for recycled Approval of water irrigation design. Irrigation plans shall not be approved by the City until review and Final approval thereof by the City is confirmed. Landscape and Irrigation Plans 55. Fire Flows. The applicant shall coordinate with the District and Alameda County Fire DSRSD Department on required fire flows. The present interim water system is capable if Approval of providing a maximum of 3,500 gallons per minute. The applicant shall hold the District Improvement harmless over the use of interim water system for fire protection. Plans 56. Improvement Plans. Complete improvement plans shall be submitted to DSRSD that DSRSD conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD Approval of "Standard Procedures, Specifications and Drawings for Design and Installation of Water Improvement and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. Plans 9 $7. Domestic _And Fire Protection. Domestic and fire protection waterline systems £or Tracts DSRSD or Commercial Developments shall be designed to be looped or interconnected to avoid Approval of dead end sections in accordance with requirements of the DSRSD Standard Specifications Improvement and sound engineering practice. Plans 58. Public Water And Sewer Lines Locations. DSRSD policy requires public water and DSRSD sewer lines to be located in public streets rather than in off-street locations to the fullest Approval of extent possible. If unavoidable, then public sewer or water easements must be established Improvement over the alignment of each public sewer or water line in an off-street or private street Plans location to provide access for future maintenance and/or replacement. 59. Improvement Plans. All improvement plans shall contain a signature block for the DSRSD District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior Approval of to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and Improvement provide an engineer's estimate of construction costs for the sewer and water systems, a Plans performance bond, a one-year maintenance bond, and 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 f'mal improvement drawing review by DSRSD before signature by the District Engineer. 60. Sewer Line Or Waterline Construction. No sewer line or waterline construction shall be DSRSD permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the required items have been satisfied. 61. Final Lighting Plan. Applicant/Developer shall submit a final lighting plan (including PL, PO, B, photometrics) to the Community Development Department and the Dublin Police Services PW for review and approval. At a minimum, the plan shall include 1.0-foot candle lighting Prior to levels at all doom, 1.0 foot candle lights at ground level in parking lot areas and 5.0-foot Issuance of candle lighting underneath the parking and lighting fixtures that are a vandal-resistant type. Building Permits/Light ing Installed prior to Occupancy of any Building 62. Theft Prevention. Applicant/Developer shall work with the Dublin Police on an ongoing PO basis to establish an effective theft prevention and security program. Applicant/Developer Plan shall submit a security plan for the site for review and approval by the Dublin Police. Submitted Prior to Occupancy of any Building 63. Employee Exit Doors. Employee exit doom shall be equipped with 180-degree viewers if PO there is not a burglary resistant window panel in the front door from which to scan the Plan exterior submitted prior to Occupancy of any Building 10 64. Security Plan. Applicant/Developer shall submit a security plan for the site. The plan PO shall include information regarding alarm systems (type and location), inventory control Prior to measures, key control measures, employee safety and security training programs. Issuance of Additionally the security plan shall include adequate lighting and visibility levels within Occupancy the garage area and measures to reduce access points. The Security Plan shall be subject to Permit review and approval by the Chief of Police. 65. Operations Action Plan and Funding for Grand Opening. Dublin Police Services, in PO consultation with IKEA, will plan and execute an Operations Action Plan for the Grand Prior to Opening of the IKEA store. The Operation Action Plan will include additional Police Occupancy Services Staff for the use of traffic and crowd control. The Applicant/Developer will provide funding for the additional Police Staff necessary to execute the Operations Action Plan. The Operations Action Plan shall also include, at a minimmn, specific dates and times of scheduled events and a plan for the temporary off-site parking of employee automobiles. A meeting between IKEA management, representatives from City of Dublin shall occur approximately 2 weeks prior to grand opening events to coordinate response procedures, communication and traffic control contingency plans. 66. Business Site Emergency Response Card. Building tenants shall complete a "Business PO Site Emergency Response Card" and deliver to the Police Department. Plan submitted prior to Occupancy 67. Security ProviSions. Dublin Police Services requires the developer to build in accordance PO with all Commercial Security Requirements pursuant to Chapter 7.32.220 of the Dublin Prior to Municipal Code to include: Issuance of Building a. Applicant~eveloper shall comply with all applicable City of Dublin Non Permit and Residential Security Ordinance Requirements. On-going b. Create temporary advisory signage for traffic flow, subject to subject to review and approval by the Director of Public Works. 68. Building Codes and Ordinances. All project construction shall conform to all building B codes and ordinances in effect at the time of building permit. Through Completion 69. Retaining Walls~ All retaining walls over 30 inches in height and in a walkway shall be B provided with guardrails. All retaining walls over 24 inches with a surcharge or 36 inches Through without a surcharge shall obtain permits and inspections from Building Division. Completion 70. Building Permits. To apply for building permits, Applicant/Developer shall submit eight B (8) sets of construction plans to the Building Division for plan check. Each set of plans Issuance of shall have attached an annotated copy of these Conditions of Approval. The notations Building shall clearly indicate how all Conditions of Approval will or have been complied with. Permits 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 bnilding permits. 11 71. Construction Drawings. Construction plans shall be fully dimensioned (including B building elevations) accurately drawn (depicting all existing and proposed conditions on Prior to site), and prepared and signed by a California licensed Architect or Engineer. A complete Issuance of exiting plan shall be included in the construction drawings. All structural calculations Building shall be prepared and signed by a California licensed Architect or Engineer. The site plan, Permits landscape plan and details shall be consistent with each other. 72. Addressing. Address will be required on designated doors leading to the exterior of the B building, as directed by the Building Official. Addresses shall be illuminated and be able Prior to to be seen from the street, 5 inches in height minimum. Occupancy 73. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened B from public view with materials compatible to the main building. Units shall be Prior to permanently installed on concrete pads or other non-movable materials to approved by the Occupancy Building Official and Director of Community Development. 74. Temporary Fencing. Temporary Construction fencing shall be installed along perimeter B of all work under construction. Through Completion 75. Engineer Observation. The Engineer of record shall be retained to provide observation B services for all components of the lateral and vertical design of the building, including Prior to nailing, holddowns, straps, shear, roof diaphragm and structural frame of building. A Occupancy written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 76. Alternate Materials or Methods Request. The alternate materials or methods of B construction and or design request shall be review and accepted by the City of Dublin prior Prior to to building permit application submittal. The complete approved alternate materials or Building methods package shall be reprinted into the construction plans. No changes shall be Permit permitted to any item within the alternate materials or methods request without prior Application approval of the City of Dublin's Building and Fire Prevention Divisions. Any changes and through without the City of Dublin's prior approval shall void the alternate materials or methods Completion request. 77. Exiting System. No exits shall discharge into the S-3 garage area. Exits shall not be open B to the S-3 garage at any point. Prior to Building Permit Issuance 78. 60- Foot No Build Covenant. Pursuant to Dublin Municipal Code §7~32.130, the owner B shall file with the Building Official a Covenant and Agreement Regarding Maintenance of Prior to Yards for an Oversized Building binding such owner, his heirs, and assignees, to set aside Building a 60-foot required yard as unobstructed space having no improvements. After execution Permit by the owner and Building Official, such covenant shall be recorded in the Alameda Issuance 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. ~, 79. Driveways. The driveways shall be a minimum 20 wide with no parking on each side. F Prior to Issuance of Building Permit 12 80. Construction Type. Show the building construction type, allowable area, and occupancy F classifications. Prior to Issuance of Building Permit 81. Exit Analysis. Provide a detailed exit analysis for the building. F Prior to Issuance of Building Permit 82. Hydrants. The hydrants are shown in drive aisles in two locations. The hydrants shall be a F minimum of 40 feet from the building. Provide information from DSRSD on the fire flow Prior to available at the site. Issuance of Building Permit 83. Codes. The project shall comply with Uniform Building and Fire Codes as set forth in the F Development Agreement. Prior to Issuance of Building Permit 13 84. Improvement Agreement and Security. The Alameda County Surplus Property PW, PL Authority (ACSPA) previously entered into a Tract Developer Agreement with the City to Prior to construct Martinelli Way (formerly Digital Drive) from Hacienda Drive to Arnold Road Issuance of and Arnold Road from Dublin Boulevard to future Altamirano Avenue pursuant to City Building Council Resolutions 74-02 and 121-03. The right-of-way for said roads was previously Permit dedicated on Parcel Map 7714 (Book 260 of Parcel Maps at Pages 30-33). The improvements governed by the agreement are necessary to serve the IKEA/Opus sites, although the street configurations have changed to reflect changes to the current site layout and right-of-way configuration. Said agreement must be amended to reflect these changes. The Applicant/Developer shall process an amendment to the Agreement prior to or concurrent with building permit issuance to guarantee the required improvements. Supplemental or replacement Improvement Security may also be required to be posted to guarantee the faithful performance of the required improvements and the payment for labor and materials. Such Security, if required, shall be in the form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate surety authorized to do business in California. The amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of the work per the new street configuration. The amount of the Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the work per the new street configuration. The Applicant/Developer shall provide an estimate of these costs for approval by the City Engineer with the first submittal of the final map and improvement plans for checking. The City will release the Security posted with the original Agreement at the time the Applicant/Developer posts replacement Security. Alternatively, the Applicant/Developer may post supplemental Security such that the original Security plus the supplemental Security total the current estimated cost of the work. 85. Release of Security. When all improvements governed by the Improvement Agreement PW are complete to the satisfaction of the City Engineer, the City Council will consider Acceptance accepting the improvements and releasing the Security. Prior to the Council's acceptance, of the Applicant/Developer shall furnish the following to the City: Improvement S A Maintenance Bond or other replacement security in an amount equal to 25% of the estimated cost of the work to guarantee against defects for a one-year period. As-Built or Record Drawings printed on Mylar of all Improvement Plans and maps associated with the project. A Declaration or Report by the project Geotectmical Engineer confirming that all geotechnical and grading work associated with the project has been performed in accordance with the Engineer's recommendations. Payment of any outstanding City fees or other debts. Any other information deemed reasonably necessary by the City Engineer. Potential Future IKEA Exit Driveway Conversion on Arnold Road. Applicant/ Developer has proposed a two-lane, one-way, exit-only driveway from thc IKEA parking lot onto Arnold Road ("the Proposed Driveway, see Exhibit A"). Future traffic conditions on the surrounding public streets may necessitate the conversion of the Driveway to a two- lane, two-way, entrance-exit driveway ('~the Converted Driveway sec Exhibit B'). Applicant/Developer may on an interim basis install and operate thc Proposed Driveway and, provided Applicant/Developer complies with the terms of this condition, may defer construction of the Converted Driveway. If it chooses to install the Proposed Driveway rather than thc Converted Driveway, Applicant/Developer shall, prior to issuance of the first building permit, enter into a Deferred Improvement Agreement that guarantees thc completion of the Converted Driveway consistent with the following terms: Subsequent to IKEA being open for business, the City will coordinate the traffic signal at Martinelli Way/Project main driveway with the traffic signal at Hacienda Drive/Martinelli Way on Saturdays, using an optimal background cycle length, to synchronize the westbound left-mm movement from Martinelli Way onto the Project main driveway with the northbound left-mm movement from Hacienda Drive onto Martinelli Way. IKEA will at IKEA's expense, convert the Proposed Driveway into the Converted Driveway if the City Engineer determines that either one of the following triggering criteria (''the Triggering Criteria") and the City determines that the completion of the Converted Driveway will improve the overall traffic circulation on the public street, while also considering measures to maintain the efficiency of IKEA's on-site circulation. The Triggering Criteria are as follows: a. The CCTA LOS at the intersection of Maffinelli Way/Project main driveway exceeds level of service "D" (i.e., the V/C ratio exceeds 0.90). b. The actual size of vehicle queues, observed on three separate Saturdays, for the left-mm movement from Martinelli Way onto the Project main driveway exceeds the available storage capacity of the designated left-tum lanes for this movement during 25 percent or more of the serviced background traffic signal cycles during the Saturday peak hour. The City Engineer's determination of whether the Triggering Criteria are met shall be made (a) no earlier than six months after both of the following events shall have occurred (i) the IKEA store has opened for business to the general public and (ii) the Lifestyle Center is 90% occupied and (b) no later than 18 months after both of the preceding events have occurred ('~the Study Period"). IKEA shall be relieved of any and all obligations imposed by the Deferred Improvement Agreement, including the posting of a bond or other financial guarantee upon the expiration of the Study Period. The City Engineer's determination that the Triggering Criteria have been met shall be based on the following. The City shall notify IKEA in writing that it believes then-existing traffic conditions might be improved by the conversion of the Proposed Driveway to the Converted Driveway ("the Notice"). The City shall, at IKEA's expense, retain a traffic-engineering consultant to investigate the existing traffic conditions and determine whether the Triggering Criteria have been met PL PW Pdor to dlding Permit Issuance and on-going as stated in the text of the condition a. Ingress/egress patterns to/from the project site. b. On-site circulation efficiency and pattems within the IKEA project. c. Overall traffic Conditions at the intersection of Martinelli Way/Project main driveway. d. Queuing conditions on westbound Martinelli Way as a result of the left-mm movement from Martinelli Way onto the Project main driveway. e. Impact to traffic flow on Hacienda Drive as a result of queuing conditions on westbound Martinelli Way between Hacienda Drive and the Project main driveway. f. Other conditions which might be mutually agreed upon by both the City and IKEA at the time this study is to be performed. The traffic-engineering consultant shall specifically perform the following tasks: i. Collect turning movement counts at the intersections of Hacienda Drive/Martinelli Way, Martinelli Way/Project main driveway and Martinelli Way/Arnold Road, and determine the Saturday peak hour. ii. Calculate the Level of Service (LOS) at the Mattinelli Way/Project main driveway intersection during the Saturday peak hour, based on the intersection LOS methodology outlined in Technical Procedures (Contra Costa Transportation Authority [CCTA], 1997). iii. Conduct field observations and record the actual size of vehicle queues in the designated westbound left-mm lanes from Martinelli Way onto the Project main driveway during the Saturday peak hour. The Converted Driveway shall be completed within six months of the date of the City informing IKEA of the City Engineer' s determination that the Triggering Criteria have been met as provided in Section 2 above. In the event IKEA fails to construct the converted driveway subsequent to the City informing IKEA of such decision and within the aforementioned timeframe, the City will have the right, at its sole discretion, to facilitate the improvements on the IKEA property, and IKEA shall grant the City permission to make such improvements. The Applicant/Developer shall provide security to guarantee the faithful performance of the required improvements and the payment for labor and materials. Security shall be in the form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate surety authorized to do business in California. The amount of the security shall be based on the estimated cost of the improvements (which amount shall be included in the improvement agreement) and shall be based on the completion of the following improvements: a. Striping and minor paving necessary on the IKEA site to convert the Proposed driveway to the Converted Driveway. b. Removal of the continuous median on Arnold Road and construction of an approximately 230-foot long southbound left-mm pocket. c. Install a traffic signal on Arnold Road at the mid-block IKEA driveway to accommodate the two-way traffic movements. d. Miscellaneous landscaping and hardscape improvements as necessary to tie the work into existing conditions. 16 6. Three months after the converted driveway is constructed, IKEA may, at its own cost, hire a traffic-engineering consultant to observe the post-conversion conditions. Should thc observed post-conversion conditions not be an improvement over the base conditions and such conversion is significantly detrimental to IKEA's on-site circulation, IKEA may request that the City consider converting the Converted Driveway back to the Proposed Driveway or implementing other traffic improvement measures, at IKEA's expense. The City, at its sole discretion, shall determine if this is appropriate based upon the evidence that such action will improve IKEA's on-site circulation without adversely impacting traffic circulation on the surrounding public streets. 87. Improvement and Grading Plans. All improvement and grading plans submitted tO thc PW Public Works Department for review/approval shall be prepared in accordance with the Prior to approved VestingTentative Map, these Conditions of Approval, and the City of Dublin issuance of Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for Grading review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Sitework Improvement Plan Review Checklist (three 8-1/2" x 11" pages). Said checklist includes Permit necessary design criteria and other pertinent information to assure that plans arc submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin Improvement Plan General Notes (three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). 88. Grading/Sitework Permit. All improvement work must be performed per a PW Grading/Sitework Permit issued by the Public Works Department. Said permit will be Prior to based on the final set of civil plans to be approved once all of the plan check comments issuance of have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Grading/ Application Instructions and attached application (three 8-1/2" x 11" pages) for more Sitework information. The Applicant/Developer must fill in and return the applicant information Permit contained on pages 2 and 3. The current cost of the permit is $10.00. 89. IStorm Drainage Study/Required Improvements. Applicant/Developer shall prepare a PW Storm Drainage Study for the properties and roads to be developed/constructed with the Prior to project. The Study, including a hydrology map and hydraulic calculations, shall issuance of supplement the Santa Rita Drainage Master Plan prepared for the larger surrounding Grading/ watershed by BKF Engineers in May 1999. According to Zone 7, this property drains to Sitework Zone 7's Line G 2-1, a tributary to Chabot Canal. Since the project will substantially Permit increase the imperviousness of the site, the Study must demonstrate that design flows do not adversely impact existing hydraulics downstream of the project. The Study is therefore subject to review and approval by both the City of Dublin and Zone 7. All storm drain improvements and mitigation measures identified in the Study and/or specified by the City Engineer shall become requirements of this project. To accommodate potential overland flow, the parking lot grading and on-site storm drain system within the Storm Drain Easement (SDE) area originally granted on Parcel Map 7233, and proposed to be vacated as part of this development, shall be designed to accept overland runoff from the storm system within Hacienda Drive. 17 90. Water Quality/Best Management Practices. Pursuant to the Alameda Countywide PW National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the Prior to California Regional Water Quality Control Board (RWQCB), the applicant shall design issuance of and operate the site in a manner consistent with the Start at the Source publication, and Grading/ according to Best Management Practices to minimize storm water pollution. In addition to Sitework the biofiltmtion swales proposed along the perimeter of the site and the in-line filtration Permit and devices, all trash dumpsters and compactors which are not sealed shall have roofs to on-going prevent contaminants from washing into the storm drain system. The applicant shall also file a Notice of Intent with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan, and shall implement and maintain an Erosion and Sediment Control Plan between October 1 st and April 15th during construction, or as otherwise required by the City Engineer. 91. Storm Water Treatment Measures Maintenance Agreement. Applicant/Developer PW shall enter into an agreement with the City of Dublin that guarantees the property owner's Prior to perpetual maintenance obligation for all storm water treatment measures installed as part acceptance of of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order improvement R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm s by City water permit. Said permit requires the City to provide verification and assurance that all Council treatment devices will be properly operated and maintained. 18 Construction Noise Management Program/Construction Impact Reduction Plan. Applicant/Developer shall conform to the following Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: a. Off-site track traffic shall be routed as directly as practical to and from the freeway (I-580) to the job site. Primary route shall be from 1-580 to Hacienda Drive. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. b. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. Mud and dust carded onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. f. Excavation haul tracks shall use tarpaulins or other effective covers. g. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. h. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: 1. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. All portions of the site shall be sufficiently watered to prevent dust. 3. On-site vehicle speed shall be limited to 15 mph. 4. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City Engineer. i. The Department of Public Works shall handle all dust complaints. The City Engineer may require the services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM-10 and PM-2.5 levels shall be provided as required by the City Engineer. j. Construction interference with regional non-project traffic shall be minimized by: 1. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non-project traffic movement. 4. Limiting lane closures and detours to off-peak travel periods. 5. Providing ride-share incentives for contractor and subcontractor personnel. k. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions ttu~ups. Prior to acceptance of improvement s by City Council 93. Geotechnical Report and Recommendations. The Applicant/Developer shall PW incorporate the recommendations of the Geotechnical Investigations prepared by Prior to Treadwell & Rollo for the project dated 6/25/03 (IKEA site) and 6/27/04 (Lifestyle Center issuance of site) or as may be amended by subsequent report, and additional mitigation measures Grading required by the City Engineer, into the project design. The Geotechnical Engineer shall Sitework certify that the project design conforms to the report recommendations prior to issuance of Permit and a Grading/Sitework Permit. All report recommendations shall be followed during the during course. Of grading and construction, construction 94. Traffic Study and Required Roadway Improvements. The Applicant/Developer shall PW construct all necessary on-site and off-site tra~c mitigation/roadway improvements as Improvement discussed in Final Report: IKEA Retail Center Transportation Study prepared by Fehr & s to be Peers Transportation Consultants dated August 2003. Said mitigations include: guaranteed prior to a. Constructing Martinelli Way between Hacienda Drive and Arnold Road. issuance of b. Modification of the existing traffic signal at the Hacienda Drive/Martinelli Grading Way/Hacienda Crossings intersection to accommodate the western Sitework Martinelli Way extension. Permit; Fees c. Designing Martinelli Way to accommodate the triple northbound to to be paid westbound left turn lanes from Hacienda Drive. prior to d. Constructing two left turn lanes on Martinelli Way at the private street main issuance of entrance. Building e. Installation of a new traffic signal at the Martinelli Way/IKEA/Opus private Permit(s) street main entrance. f. Constructing a secondary site access right-turn out only driveway on Martinelli Way east of Arnold Road. g. Constructing the Arnold Road extension south from Dublin Boulevard to the furore Altamirano Avenue intersection. h. Modification of the existing traffic signal at the Arnold Road/Dublin Boulevard intersection to accommodate the southern Arnold Road extension. i. Installation of a new traffic signal at the Martinelli Way/Amold Road intersection. j. Entering into a Deferred Improvement Agreement with the City that establishes the criteria and thresholds for conversion of the exit-only driveway to an entrance/exit driveway controlled by a new traffic signal at the Arnold Road/western IKEA entrance driveway (mid-way between Martinelli Way and Altamirano Avenue), as provided in Condition 86 above. 20 95. Traffic-related Fee Advances or Pro-Rata Share Costs: Applicant/Developer shall Prior to advance fees or contribute pro-rata share of costs for traffic impacts as follows: issuance of a. Contribution of the project's pro-rata share of the costs, payable at Building Building Permit issuance, associated with widening the southbound Arnold Road Permit(s) or approach at Dublin Boulevard to include one left-turn lane, one through as required lane, and one right-turn lane. Said pro-rata share will be calculated as by the DA follows: Project Average Daily Trips (ADT) divided by the Pending and Buildout Project ADT for Eastern Dublin which equates to 2.61% (5,518/211,226), multiplied by the estimated project cost of $253,000 which results in a pro-rata share of $6~609.29. This contribution amount is subject to inflationary increases based on the ENR Construction Cost Index (20 City Average) if not paid this fiscal year. This requirement will be null and void if the Eastern Dublin Traffic Impact Fee is updated prior to issuance of Building Permits for the IKEA and/or Opus projects because the fee update accounts for these costs. b. The applicant shall advance to the City, at the time and in the manner set forth in the Development Agreement, monies for acquisition of right-of- way for needed for the improvements planned for the intersection of Dublin Boulevard and Dougherty Road and for construction of such improvements. c. Contribution of the project's pro-rata share of the costs, payable at Building Permit issuance, associated with adding a shared right/left turn lane on the 1-580 eastbound off-ramp at Hacienda Drive as identified in the East Dublin Properties EIR. Said pro-rata share will be calculated as follows: Project Average Daily Trips (ADT) divided by the Pending and Buildout Project ADT for Eastern Dublin which equates to 2.61% (5,518/211,226), multiplied by the estimated project cost of $1,435,000 which results in a pro-rata share of $37~487.48. This contribution amount is subject to inflationary increases based on the ENR Construction Cost Index (20 City Average) if not paid this fiscal year. This requirement will be null and void if the Eastern Dublin Traffic Impact Fee is updated prior to issuance of Building Permits for the IKEA and/or Opus projects because the fee update accounts for these costs. 96. !Traffic Signal Interconnect and Close CirCuit Television Monitoring. The Martinelli PW Way and Arnold Road improvements shall include extending the current fiber-optic traffic Prior to signal interconnect system from Dublin Boulevard to the traffic signals at issuance of MartinelliIAmold, Martinelli/Project main driveway, Martinelli/Hacienda, Amold/IKEA Grading driveway, and Amold/Altamimno for central communications with these signals. In Sitework addition, the signal design for each intersection shall include installing and activating a Permit closed circuit television (CCTV) camera for the City's remote monitoring and management of traffic flow on the street system around the project site. 97. Arnold Road Future Traffic Signal Conduits. Applicant/Developer shall design and PW install all necessary underground conduits and splice boxes at the Arnold Road driveway Prior to into IKEA and at the Arnold Road at future Altamirano Avenue intersection to facilitate issuance of the future construction of a traffic signal at these intersections. Said traffic signals will be Grading warranted either when the adjacent property to the west develops in the future, when the Sitework BART parking garage is constructed, or pursnant to condition #86. Permit 21 98. Martinelli Way and Arnold Road Improvements. Applicant/Developer shall construct PW Martinelli Way (formerly Digital Drive) and Arnold Road in a configuration that is Prior to generally consistent, except as modified by these Conditions, with the approved plans issuance of titled Street Improvement Plans associated with Parcel Map 7714 for Portions of Arnold Grading/ Road and Digital Drive prepared for Commerce One Property by Brian Kangas Foulk (30 Sitework sheets), and per City Standards applicable at the time of permit issuance. All street Permit improvements, sidewalks and access ramps, street lights and circuitry, street signs, and other public infrastructure shall be located in the public right-of-way. DecOrative paving or concrete banding shall be used to designate the boundary between the public right-of- way and private property at all flush driveways. Parking shall be prohibited on both portions of Martinelli Drive and Arnold Road constructed by the project. 99. Streetseape Design Standards. The streetscape design for Martinelli Way and Arnold PW Road shall be in accordance with the Streetscape Master Plan adopted as Ordinance No. Prior to 21-02 on 11/19/02 for the Dublin Transit Center Project, PA 00-103. A copy of said issuance of Master Plan is available for reference from the Community Development Department, ph Grading 925-833-6610. Sitework Permit 100 Stop Controls. In addition to the locations shown on the exhibits, stop control devices PW shall be provided as follows: Prior to Issuance of a. On southbound Arnold Road at future Altamirano Avenue. Grading b. On both westbound exits from IKEA on Arnold Road. Sitework c. At the northbound exit from the track ramp at Arnold Road. Permit d. At the right-turn only exit driveway on Martinelli Way. 101 Vehicle Code Enforcement on Private Property. The Applicant/Developer shall support PW the City in adopting an Ordinance pursuant to California Yehicle Code (CVC) §21107.6-8 Prior to for the enforcement of the CVC along the private street main entrance (Parcel A) and acceptance of parking drive aisles. Upon the effective date of the Ordinance, all CVC provisions will be improvement enforceable on the private street including speeds, traffic control devices, and other s by City driving regulations. Although the CVC does not allow general enforcement of traffic Council regulations within the entire parking field, it does specifically allow enforcement of sections pertaining to unsafe speed, exhibitionist speed, reckless driving, and off-road vehicles. Appropriate signs shall be posted within the property that indicate the area is subject to public traffic regulations and control. 102 No Parking on Private Street. No Parking will be allowed on both sides of the private PW street (Parcel A). This parking restriction shall be indicated with either red-painted curbs On-going or with R26F "No Stopping - Fire Lane" signs installed on both sides at a spacing not to exceed 200'. Parking shall also be restricted along designated drive aisles to assure unobstructed access through the site. 103 Delivery Truck Access Signs. Signs shall be posted directing all tractor-trailer delivery PW tracks to access the site via the drive aisle that extends east from the south end of Arnold Prior to Road. Delivery tracks shall be prohibited from using the private street (Parcel A) to access issuance of the site. Occupancy Permit 22 104 Traffic Calming Devices. The Applicant/Developer shall install "speed tables" for all PW mid-aisle pedestrian crossings in the parking lot by using an enhanced paving material Prior to within the crossing, and by slightly elevating the crossing above the surrounding paving issuance of with ramps on each end. In lieu of speed tables within the under-building parking area, Occupancy rumble strips may be used. Permit 105 Streetlights. Streetlights for City Streets constructed by the project shall be the City PW approved Transit Center fixtures located in the public right-of-way. Either City approved Prior to Transit Center fixtures or approved decorative lights may be used on private streets. All acceptance of decorative street lights shall be maintained by the property owner or by an Owner's improvement Association. A street lighting plan which demonstrates compliance with this condition s by City shall be submitted prior to recordation of the Final Map and shall be subject to review and Council approval by the City Engineer. Applicant/Developer shall also furnish to City one spare street light to be delivered to the City's Corporation Yard. Applicant/Developer shall not contest the City's efforts to annex the project into the Dublin Ranch Street Light 'Maintenance Assessment District 1999-1, and shall provide all necessary documentation required by the City to complete the annexation process.. The Applicant/Developer shall comply with any City requirements necessary to conform to Proposition 218 regulations. 106 Landscape Maintenance. Applicant/DeveloPer shall install and perpetually maintain all PW street trees and other plant materials installed along the proPerty street frontages except as Prior to provided in Condition No. 114. The irrigation system(s) to serve these landscaPed areas acceptance of shall be connected to the Applicant/Developer's private on-site irrigation system, improvement Landscaping to be installed by the Applicant/Developer within the median islands on s by City Martinelli Way and Arnold Road will be maintained by the City of Dublin after City- Council approved installation. A separate water service and irrigation system shall be installed to serve these medians. 107 Landscaping at Intersections. Landscaping at intersections shall be such that sight PW distance is not obstructed for drivers. Except for trees, landscaping shall not be higher Prior to than 30 inches above the curb in these areas, issuance of Occupancy Permit 108! Joint Utility Trenches/Undergrounding/Utility Plans. Applicant/Developer shall PW construct all joint utility trenches (including electric, telecommunications, cable TV, and Prior to gas) in accordance with standards enforced by the appropriate utility agency. To the acceptance of maximum extent practical, all vaults, electric transformers, cable TV boxes, blow-off improvement valves and other utility features shall be placed underground and located behind the s by City proposed sidewalk within the public service easement, unless otherwise approved by the Council City Engineer. Conduit shall be under the public sidewalk within the right of way to allow for street tree planting. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City Engineer prior to installation. 109 Street Name Sign Content. Street name signs shall display the name of the street PW together with a City standard shamrock logo. Posts shall be galvanized steel pipe, break Prior to away posts, acceptance of improvement s by City Council 23 11G Construction Hours Standard construction and grading hours shall bc limited to week- PW days (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and Prior to 6:00 p.m. The AppliCant/Developer may request reasonable modifications to such acceptance of determined days and hours, taking into account thc seasons, impacts on neighboring improvement properties, and other appropriate factors, by submitting a request form to thc City s by City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted Council no later than $:00 pm thc prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 111 Damage/Repairs. Thc Applicant/Developer shall be responsible for thc repair of any PW damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from Prior to construction activities associated with the development of the project to the reasonable acceptance of satisfaction of the City Engineer. improvement s by City Council 112 Occupancy Permit Requirements. Prior to issuance of an Occupancy Permitl the PW physical condition of the project site shall meet minimum health and safety standards Prior to including, but not limited to the following: issuance of Occupancy a. The streets and walkways providing access to each building shall be complete, as Permit determined by the City Engineer, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access to the buildings shall be energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer. f. All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. 113 City Entrance Sign. The Applicant/Developer shall construct a City of Dublin entrance PW sign within the Hacienda Drive median just north of the 1-580 interchange, as shown on Prior to the attachments to the 3/03/98 City Council Agenda Statement, item 7.1 available from the acceptance of City Clerk's Office. improvement s by City Council 24 114 Landscaping 1-580 Freeway Right-of-Way. The Applicant/Developer shall design, PW install, and maintain landscaping within 1-580 freeway right-of-way along the frontage of Prior to the site. A separate irrigation system shall be installed to serve this area. Said landscaping acceptance of is allowed pursuant to the City's agreement with Caltrans titled Agreement for improvement Maintenance of Landscaping on State Highways in the City of Dublin and dated 11/24/99, s by City provided an Encroachment Permit is obtained from the California Department of Council Transportation (Caltrans) in advance of the installation work. The property owners shall also enter into a site-specific maintenance agreement with the City that delegates the landscape maintenance obligation to the property owner until 1/01/19. After 1/01/19, the maintenance obligation will revert back to Caltrans unless the original agreement is extended 115 Hazardous Waste. According to a letter the City received from Alameda County Health PW Care Services Agency (ACHCSA) dated 1/31/03, incinerator debris has been discovered Prior to immediately west of the intersection of Hacienda Drive at Martinelli Way. Apparently a issuance of thin layer of waste remains in the soil in the Martinelli Way right-of-way. Because of Grading elevated lead levels in the waste, precautions should be observed by anyone excavating in Sitework the area. Alameda County Health shall pre-approve any subsurface work. The applicant Permit shall speak with Karen Moroz at ph. 510-567-6757 for more information. 116 Environmental Site Assessment. According to the environmental assessment report PW prepared by LFR Levine-Fricke dated 7/31/03, "weathered diesel was discovered in the Prior to vicinity of the former fuel depot". The report recommends that a closure letter be obtained issuance of from ACHCSA after all necessary remediation work has been completed. A copy of the Grading closure letter shall be submitted to the City. Sitework Permit 11~ Undergrounding Existing Electric Transmission Line. The existing 12 KV overhead PW electrical transmission line that extends along the south side of the site shall be placed Prior to underground as part of the project. The applicant shall coordinate this work with PG&E acceptance of and any other affected utility providers, improvement s by City Council 118 Vehicle Parking. Applicant~eveloper shall construct on-site paved parking areas and PW spaces according to the zoning requirements of the use. All spaces shall be identified Prior to using double white 4" stripes according to Figure 76-3 and §8.76.070(A)17 of the Dublin issuance of Municipal Code. Any compact-size spaces shall have the word "COMPACT" stenciled on Occupancy the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at Permit each parking space where one or both sides abuts a landscaped area or planter. 119 Clarifications to Conditions of Approval. In the event that there needs to be clarification PW to the Conditions of Approval, the Director of Community Development and the Public Prior to Works Director have the authority to clarify the intent of these Conditions of Approval to issuance of the Developer without going to a public heating. The Director of Community Occupancy Development and the Public Works Director also have the authority to make minor Permit or modifications to these conditions without going to a public hearing in order for the acceptance of Developer to fulfill needed improvements or mitigations resulting from impacts to this improvement project, s by City Council 25 120 Abandonment of Wells. Any water well, cathodic protection well, or exploratory boring PW on the project property must be properly abandoned, backfilled, or maintained in Prior to accordance with applicable groundwater protection ordinances. For additional information issuance of contact Alameda County Flood Control, Zone 7. Grading/ Sitework Permit 121 Fees. The Applicant/Developer shall pay all applicable fees in effect at the time of PW building permit issuance including, but not limited to, Planning fees, Building fees, Dublin Prior to final San Ramon Services District fees, Public Facilities fees, Dublin Unified School District map approval School Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services fees; or issuance Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and of bnilding Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other permits, as fees as noted in the Development Agreement. applicable 122 Geographic Information System. Applicant/Developer shall provide the Public works PW Department a digital vectorized file on floppy disk or CD of the improvement plans and Prior to map for the project after the Final Map has been recorded. Digital raster copies are not acceptance of acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format improvement or ESRI Shapefile format. Drawing units shall be decimal with the precision of the Final s by City Map. All objects and entities in layers shall be colored by layer and named in English. All Council submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. 123 Public Improvements. All public improvements constructed by Developer and to be PW dedicated to City are hereby identified as "public works" under Labor Code section 1771 Prior to unless the Public Works Director specifically determines otherwise in writing, acceptance of Accordingly, Developer, in constructing such improvements, shall comply with the improvement Prevailing Wage Law (Labor Code, sects. 1720 and following), s by City Council PASSED, APPROVED, AND ADOPTED this 16th day of March, 2004, by the following vote: AYES: Councilmembers McCormick, Sbranti, Zika and Mayor Lockhart NOES: Councilmember Oravetz ABSENT: None ABSTAIN: None -- ' ~5~ty Clerk~ K2/G/3-16-04/reso-IKEA-SD1L. doe (Item 6.4) G:~PA#L2002\02-034 IKEA\City Council\CC SDR Reso 3-4-04.doc Mayor 26 I