HomeMy WebLinkAbout6.1 - 1969 St Patrick Way Appeal & CBA
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STAFF REPORT
CITY COUNCIL
DATE: May 1, 2018
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
PUBLIC HEARING: St. Patrick Way Residential Project, Site Development
Review, Vesting Tentative Map 10809 and Community Benefit Agreement
for the St. Patrick Way Residential Project (PLPA-2017-00061)
Prepared by: Amy Million, Principal Planner and Linda Smith, Assistant
City Manager
EXECUTIVE SUMMARY:
Bayview Development Group/The Morley Bros. is seeking to develop a ± 8.53 acre site
located at 6700 Golden Gate Drive within the Downtown Dublin Specific Plan Transit -
Oriented District. The proposal includes a Site Development Review permit for the
demolition of the existing, largely vacant 204 ,624 square foot warehouse building,
construction of the final extension of St. Patrick Way and construction of a five -story,
499-unit residential building and related site improvements. The project includes a
request for a Vesting Tentative Map for condominium purposes. The Planning
Commission denied the application at their March 27, 2018 meeting. The Applicant
appealed the action of the Planning Commission. The City Council will hold a public
hearing to consider the appeal and the proposed Community Ben efit Agreement. A
Community Benefit Agreement is required in order to allocate units from the Downtown
Dublin Specific Plan’s Development Pool.
STAFF RECOMMENDATION:
Conduct the public hearing, deliberate and take the following action: a) Adopt the
Resolution Reversing the Planning Commission’s Denial and approving a Site
Development Review Permit and Vesting Tentative Map 10809 for the St. Patrick Way
Project at 6700 Golden Gate Drive in Downtown Dublin OR b) Direct the City Attorney
to prepare a resolution affirming the Planning Commission’s action including findings of
fact, for Council consideration no later than May 21, 2018.
AND
c) Adopt the Resolution Approving a Community Benefit Agreement between the City
of Dublin and Bayview Development Group.
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FINANCIAL IMPACT:
All costs associated with processing this application are borne by the applicant.
DESCRIPTION:
The project site, commonly referred to as the Prologis site, is located at 6700 Golden
Gate Drive. The ±8.53-acre industrial site is located north of I-580 and south of the
future extension of St. Patrick Way, as shown in Figure 1 below. Adjacent to the west
boundary of the property are two restaurants (Outback Steakhouse and a vacant
restaurant space) as well as a retail/office building on the adjacent 1.3-acre site. To the
east of the site is a 309-unit residential development, Connelly Station, and a BART-
owned parcel that is planned for a hotel. The site currently includes a largely vacant
204,624 square foot warehouse building, surface parking lot, and outdoor storage area
for an existing tenant.
The subject property is located within the Transit-Oriented District of the Downtown
Dublin Specific Plan (DDSP). This land use designation allows a variety of uses,
including residential, smaller-format retail and office uses.
Bayview Development Group/The Morley Bros. is currently requesting to demolish the
existing industrial warehouse building, construct the ultimate extension of St. Patrick
Way and construct a five-story, 499-unit residential community with related amenities
including a club house, pool, roof top terrace, passive courtyards, collaborative work
space, leasing office and structured parking. The entitlements for the project that were
presented to the Planning Commission for consideration, and subsequently denied, are
a Site Development Review Permit and Tentative Parcel Map for condominium
purposes. A Community Benefit Agreement, which the City Council is required by the
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Downtown Dublin Specific Plan to approve in order for the residential units to be
constructed, is considered separately by the City Council and discussed in further detail
below.
PLANNING COMMISSION ACTION:
On March 27, 2018, the Planning Commission held a public hearing to consider the
proposed project. Eight members of the public spoke in opposition of the project and
one member spoke in favor. The Commission’s discussion focused on the project’s
consistency with the Downtown Dublin Specific Plan (DDSP) and determined that the
proposed project is not consistent with the DDSP because the size and mass of the
proposed building is not consistent with the development in the surrounding area and
the vision of the Transit-Oriented District. In particular, the Planning Commission felt
that the depth of the building is not consistent with the scale of surrounding
development and the pedestrian-oriented vision of the Specific Plan. In addition, the
Commission determined that the Project’s lack of an east-west pedestrian connection,
in-line with South Street, that would provide convenient pedestrian access to and from
the BART station and to the west of the site is inconsistent with the vision of the DDSP.
After reviewing the Staff Report, receiving presentations from Staff and the Applicant,
and receiving public comment, the Planning Commission adopted Resolution 18 -07
denying the Site Development Review permit and Vesting Tentative Map. The Planning
Commission Resolution 18-07 is included as Attachment 1.
On April 6, 2018, the Applicant appealed the a ction of the Planning Commission
(Attachment 2). Attached to the applicant’s appeal are the Planning Commission staff
report (without attachments) and meeting minutes from the March 27, 2018 meeting.
APPEAL PROCESS:
Chapter 8.136 of the Zoning Ordinance contains the regulations and procedures that
must be followed if an action of the Planning Commission is appealed to the City
Council. The appeal must be scheduled for a Public Hearing within 45 days of the filing
of the appeal. The City Council may defer decision on the appeal at the Public Hearing
but must take action within 75 days of the filing of the appeal.
On April 6, 2018, the Applicant appealed the denial of the Site Development Review
Permit and Vesting Tentative Map for the St. Patrick Way pro ject by the Planning
Commission. In accordance with Chapter 8.136, the City Council must hold a Public
Hearing no later than May 21, 2018 and must take action no later than June 20, 2018 or
the decision of the Planning Commission is deemed affirmed.
Chapter 8.136 of the Zoning Ordinance states that the City Council may, by majority
vote, affirm, affirm in part, or reverse the Planning Commission’s decision to deny the
Project. If the City Council decides to reverse the Planning Commission’s decision to
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deny the Project, the City Council may adopt additional conditions of approval that
address the specific subject of the appeal.
The City Council’s action must be supported by findings of fact based on information
before the Council when it hears and considers the appeal.
ANALYSIS:
Pursuant to the Downtown Dublin Specific Plan and Zoning Ordinance Chapter 8.104, a
Site Development Review (SDR) permit is required prior to the construction of the
proposed project. Approval of a SDR permit requires findings enumerated in Section
8.104.090 Required Findings. In addition, the proposed project includes a request for
approval of a Vesting Tentative Map (VMT) which requires additional findings for
approval as enumerated in Section 9.08.090 Action—Tentative tract maps.
Issues Raised in Appeal
The primary issues raised in the appeal and responded to in detail below are:
1. Site Development Review Denial Findings
2. Vesting Tentative Map Denial Findings
3. Housing Accountability Act
1. Site Development Review Denial Findings:
The Planning Commission’s denial of the Site Development Review permit was based
on three findings that they were not be able to make to support approval of the project.
Those findings are:
a. The design of the project is not appropriate to the City, the vicinity, surrounding
properties, and the lot in which the project is proposed.
b. 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 not harmonious with its surroundings
and compatible with other developments in the vicinity.
c. The site has not been adequately designed to ensure the proper circulation for
bicyclist, pedestrians, and automobiles.
Planning Commission’s Determination
The Planning Commission’s determined that the proposed project is not consistent with
the DDSP because the size and mass of the project building is not consistent with the
development in the surrounding area and the vision of the Transit-Oriented District.
More specifically, the Planning Commission felt that the depth of the building is not
consistent with the scale of surrounding development and the pedestrian oriented vision
of the Specific Plan. The size and scale of the proposed building is of a larger scale
than other existing developments in the area and therefore not harmonious with the
scale of the other buildings. In addition, the Commission determined that the project
lacked a necessary east-west pedestrian connection which is inconsistent with the
vision of the DDSP. This connection would be through the middle of the parcel, in -line
with South Street, and would provide convenient ped estrian access to and from the
BART station to the west of the site.
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Appellant’s Issues Raised
The appeal is supported by numerous references to the staff report prepared for the
March 27, 2018 meeting. In addition, the appeal states that the design of th e proposed
Project is appropriate to the site and compatible with surrounding development in terms
of height, density, character mass and scale. The Project’s consistency with the
Downtown Dublin Specific Plan (DDSP) development standards create the founda tion
for appropriate building design. The proposed height, number of stories and density fall
within the mid-range of the development standards as well as the existing residential
developments in the immediate vicinity. The appeal also provides extensive
photographic examples of comparable projects and states that the building was
designed to be consistent with the surrounding development through its architectural
elements, materials and color palette. Regarding the pedestrian connectively, the
appeal states the project’s compliance with City Plans including the General Plan,
DDSP and Bicycle and Pedestrian Master Plan and reiterates the project’s close
proximity to the BART station.
Planning Commission Staff Report Analysis
The Staff Report for the March 27, 2018 Planning Commission hearing on the project
outlined Staff’s views of the Project’s consistency with the DDSP. That report is an
attachment to the appeal (Attachment 2). Staff’s recommendation for approval has not
changed, and the City Council can refer to the Staff Report for the basis for those
conclusions.
2. Vesting Tentative Map Denial Findings
The Planning Commission’s denial of the Vesting Tentative Map was based on three
findings that they were not be able to make to support approval of the project. Those
findings are:
a. The proposed subdivision map together with the provisions for its design and
improvement is not consistent with the general plan and any applicable specific
plan because the proposed wholly residential development does not contribute to
the overall vision of the Downtown Dublin Specific Plan to provide a vibrant
mixed-use center.
b. The subdivision site is not physically suitable for the type and proposed density
of development
Planning Commission’s Determination
The Planning Commission action was based on that the proposed project is a wholly
residential development that does not contribute to the overall vision of the Downtown
Dublin Specific Plan to provide a vibrant mixed-use center. In addition, it was found that
the size and mass of the project is too large for the subject parcel.
Appellant’s Issues Raised
The appeal challenges the Planning’s Commission’s Vesting Tentative Map denial
findings by referring to the March 27, 2018 Staff Report. In addition, it states the DDSP
does not have strict parameters for mixed -use projects and specifically allows for multi-
family residential uses in the Transit-Oriented District.
Planning Commission Staff Report Analysis
The Planning Commission March 27, 2018 Staff Report supported t he applicant’s
request to subdivide the ± 8.53-acre property for condominium purposes to allow
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flexibility in the future to convert the project to ownership units. It also acknowledged
that no condominium conversion may take place in the City without the owner first
obtaining a Condominium Conversion Permit pursuant to Dublin Municipal Code
Chapter 8.54 from the Planning Commission. The Draft Resolution provided to Planning
Commission stated that the proposed Vesting Tentative Map 10809 together with the
provisions for its design and improvements complies with the development standards of
the DDSP and the Transit-Oriented District as well as the overall vision of the DDSP to
provide a vibrant mixed-use center which includes high-density residential development.
The project site is physically suitable for the type and proposed density of development
(65.66 units per acre) is consistent with the DDSP Transit Oriented District’s density
range of 30 to 85 units per acre; the proposed five-story development is consistent with
the scale of other residential developments in the immediate vicinity; and the project site
is located on approximately 8.53 acres of relatively flat topography, and so therefore is
physically suitable for the type and density of development that is proposed.
3. Housing Accountability Act
Appellant’s Issues Raised
The appeal alleges that the project is subject to the Housing Accountability Act and
therefore any denial requires specific findings under the Act.
Staff’s Response
The Housing Accountability Act (Government Code section 65589.5(j)) (“HAA”) prohibits
the City from disapproving a housing project that “complies with applicable, objective
general plan, zoning, and subdivision standards and criteria, including design review
standards” unless it finds that project would have “specific, adverse impact upon the
public health or safety” that cannot be mitigated. The case law interpreting the HAA has
explained that it prevents a local agency from basing its decisions on subjective criteria,
such as a project’s suitability to its surroundings, unless it makes the required health
and safety findings. (See Honchariw v. County of Stanislaus (2011) 200 Cal.App.4th
1066, 1076–1077.)
Staff agrees that the criterion on which the Planning Commission based its decision are
subjective in nature and therefore that the HAA health and safety findings would have to
be made in order to rely on those criteria for the denial. The “negative” site
development review findings, for example, refer to subjective criteria such as the
design’s appropriateness to the site and its surroundings, architectural considerations,
and adequately designed circulation. Similarly, the “negative” tentative map findings
focus on the subdivision’s failure to contribute to the o verall vision of the Specific Plan
and the site’s physical suitability for the proposed development.
On the other hand, the City could conclude that the project does not comply with
applicable, objective general plan, zoning, and subdivision standards and criteria for two
reasons. First, the Specific Plan does not allow residential development unless the
units are allocated from the development pool. The City Council is considering the
proposed community benefit agreement this evening. Second, the proje ct does not
“comply” with the Inclusionary Zoning Regulations (Chapter 8.68 of the Dublin Municipal
Code). The Inclusionary Zoning Regulations requires that residential projects with 20 or
more units contain 12.5% affordable units of various sizes, types, and income levels as
therein defined. Forty percent of a development’s obligation may be satisfied through
the payment of a fee in lieu of construction, and the remainder of the obligation (7.5% of
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the units in the project) must be satisfied through the on-site or off-site production of the
units, land dedication, or the use of credits. Under the Regulations, if Developer
constructs the maximum number of units on Parcel A contemplated by this Agreement,
its affordable housing requirement would be 62 units. Developer has proposed an
alternative means of compliance, under section 8.68.040.E of the Regulations, that
would allow the City Council to waive the obligations. The proposal is reflected in the
Community Benefit Agreement (see below), and it woul d require the dedication to the
City of a 1.3-acre parcel adjacent to the site that would be used for an affordable
housing project. Unless the alternative means of compliance is approved, the project is
not in compliance with the Inclusionary Zoning Regulations. Staff proposes that the City
Council consider the appeal separately from the Community Benefit Agreement. If the
appeal was supported, the project would be approved subject to the City Council’s
approval of a Community Benefit Agreement and the alternative means of compliance
with the Inclusionary Zoning Regulations.
COMMUNITY BENEFIT AGREEMENT:
The project is within the Transit-Oriented District of the Downtown Dublin Specific Plan.
The Specific Plan establishes a base floor area ratio (“FAR”) standard of 0.50 for non-
residential projects within the Transit-Oriented District. It goes on to provide that the
base FAR can be increased to 1.2 and that residential units can be developed in the
Transit-Oriented District if the project enters into a Community Benefit Agreement and
provides a community benefit agreement. (§ 3.5, pp. 47–48; § 6.4, p. 120–122.) The
focus of the Community Benefit Agreement is on the benefit to the Specific Plan Area in
exchange for the additional density provided. (§ 6.4, p. 121.) The Specific Plan lists a
number of potential benefits and indicates that the City Council can approve other
benefits approved and indicates that the community benefit requirement shall, [s]o far
as possible, be uniformly applied proportionate to the density obtained, while
acknowledging that some benefits may be particularly valuable to the City. (§ 6.4, p.
122.) The Downtown Dublin Specific identified a pool of 1,900 residential units that
may be constructed in the Transit Oriented District. S ince the establishment of the pool,
688 units have been reserved and/or constructed. There are 1,212 units remaining in
this pool. The City Council held an initial study session on November 21, 2017 to
review the project and provide feedback on the proposal, including the community
benefits for the project.
For the proposed project, the Applicant (Bayview) is seeking 499 units from the
residential development pool. In exchange for this allocation, Bayview will contribute
community benefits in the form of off-site dedications, funding, and improvements.
As it relates to the off-site dedication, Bayview is proposing to dedicate, to the City or as
directed by the City to an affordable housing developer, an adjacent 1.3 -acre parcel for
a future affordable housing project. This aspect of the community benefit proposal
would also serve to satisfy the project’s requirements under Chapter 8.68 (Inclusionary
Zoning Regulations). It is anticipated that this dedication will result in new affordable
units at a future date and those units would translate into affordable housing credits
(with a value of up to $10 million) that the City would be able to offer to future residential
projects. Additionally, Bayview will be dedicating approximately .28 acres of a parcel
north of the property to complete the right of way improvements for the extension of St.
Patrick Way.
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In terms of improvements, Bayview is proposing to make $200,000 in enhancements to
St. Patrick Way so that the street can function as a usable event a nd festival space for
Downtown activation. These streetscape enhancements include adding seat walls to
the north edge of the sidewalk, bollard sleeves in the street at each end of the project
site, string lighting at each end of the project site and along the southern and northern
edges of the new street, electrical outlet installation in tree wells, and monumentation at
each end of the project site to create defined edges when used as event space.
Additionally, to assist with the City’s ongoing econom ic development efforts, Bayview is
proposing to include 1,500 square feet of commercial space within the building for use
as co-work space to assist small businesses, telecommuters and entrepreneurs for a
period of at least five years.
Lastly, Bayview is proposing to contribute $50,000 in funding towards pedestrian
connections to BART from its project site.
ENVIRONMENTAL REVIEW:
The project which includes demolition of the existing warehouse building, construction
of the ultimate extension of St. Patrick Way, and construction of a five-story, 499 unit
apartment community with related amenities including a club house, pool, roof top
terrace, passive courtyards, leasing office and structured parking, is located within the
Transit-Oriented District of the Downtown Dublin Specific Plan (DDSP), which was the
subject of an Environmental Impact Report (EIR), State Clearinghouse number
20100022005. The DDSP Final EIR was certified by City Council Resolution No. 08 -11
on February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) the
proposed residential development is (1) exempt from further environmental review
under Government Code Section 65457 and CEQA Guidelines Section 15182 and
under (2) CEQA Guidelines Section 15168 this residential project is in conformity with
the DDSP and within the scope of the project analyzed in the DDSP EIR; therefore, no
further CEQA review or document is required.
Government Code sec. 65457 and CEQA Guidelines Section 15182 - Exemption
Pursuant to Government Code sec. 65457 and CEQA Guidelines Section 15182(a)
(Residential Projects Pursuant to a Specific Plan) of the CEQA Guidelines which states:
"Exemption. Where a public agency has prepared an EIR on a specific plan after
January 1, 1980, no EIR or negative declaration need be prepared for a residential
project undertaken pursuant to and in conformity to that specific plan if the project
meets the requirements of this section including” an event as described in CEQA
Guidelines Section 15162. As identified in CEQA Section 15162 and briefly describes
as follows, supplemental environmental review is required only when there are new or
substantially more severe significant environmental impacts which require major
revisions to the EIR due to project changes, substantial changes with respect to
circumstances under which the project is undertaken or new information of substantial
importance, or other standards under CEQA section 15162 are met.
On February 1, 2011, the Dublin City Council adopted Resolution 09 -11 adopting the
Downtown Dublin Specific Plan (DDSP). At the meeting, the City Council adopted
Resolution 08-11 certifying an EIR for the DDSP. The purpose of the adopted DDSP
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was to guide development and design for the approximately 284 acres located in
Downtown Dublin. The DDSP consists of a comprehensive set of incentives, standards,
and requirements that implements the vision for the future development of downtown
Dublin. The DDSP defines the physical envelope for Downtown Dublin’s future growth
using height limits, setbacks, density, and design standards.
On May 6, 2014, the City Council adopted Resolution 49-14 adopting an Addendum to
the DDSP EIR for changes to the DDSP. The changes included increasing the number
of residential units permitted in the DDSP area by 1,200 units and decreasing the
amount of commercial square footage permitted by 773,000 square feet, creating
minimum density thresholds for the Transit-Oriented and Retails Districts, and restricting
residential development on the west side of San Ramon Road in the Retail District.
DDSP EIR and the subsequent addendum analyzed the construction of approximately
2.2 million square feet of non-residential development and 2,500 residential dwelling
units, included in the DDSP. Of the 2,500 residential dwelling units, 1,900 unit were
allocated to the Transit-Oriented District. As shown in Table 1 above, the proposed
project’s 499-units is within the already contemplated residential development activity in
the Transit-Oriented District.
The proposed Project meets the development standards established in the DDSP as
shown in Table 2 above.
The Project is consistent with DDSP. Approval of the proposed 499 -unit residential
project would be within the development threshold of the 1,900 residential dwelling units
allocated for the Transit-Oriented District. In addition, the proposed Project conforms
with the development regulations and design guidelines established in the specific plan
in which is located.
As provided in Government Code sec. 21166 and Section 15162 of the CEQA
Guidelines, when an EIR has been prepared for a project (DDSP EIR), no new
environmental document shall be prepared for the proposed project, unless the
Planning Commission makes one of the following determinations under Sect ion
15162(a):
1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the EIR due to the
involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; or
3) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
EIR was adopted, shows any of the following:
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a. The project will have one or more significant effects not discussed in the
previous EIR;
b. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measures or alternative; or
c. Mitigation measures which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline
to adopt the mitigation measure.
The City conducted a review to determine if the proposed project met any of the
standards requiring the preparation of supplemental environmental review under CEQA.
Based on a review of the project, the environmental analysis in the DDSP EIR and all
the information in the Project record as a whole, the City has determined that there is no
substantial evidence that any of the standards are met. As part of this determination,
the City had an analysis of traffic and noise impacts prepared for the Project to ensure
that potential impacts in those areas did not present new or substantially more severe
significant impacts than presented in the DDSP EIR.
Therefore, pursuant to Government Code sec. 65457 and CEQA Guidelines Section
15182, the project is exempt from CEQA and no further environmental review is
required for this project.
Section 15168 – WITHIN SCOPE OF CERTIFIED DDSP PROGRAM EIR.
The DDSP was prepared as a Program EIR under CEQA Guidelines Section 15168 to
be used as the CEQA review for future implementing projects. Section 15168(a) defines
a “program EIR” as one prepared on a series of actions that can be characterized as
one large project and are related geographically and by other shared characteristics.
Section 15168(c) states that subsequent activities in the program EIR must be
examined in the light of the program EIR to determine whether an additional
environmental document must be prepared. If the agency finds that pursuant to CEQA
Guidelines Section 15162(c)(2), no new effects could occur or no new mitigation
measures would be required, the agency can approve the activity as being within the
scope of the project covered by the program EIR and no new environmental document
would be required.
Operation Traffic Analysis
The City engaged the services of Kittelson & Associates to complete a project -level
analysis of the transportation effects. The analysis included trip generation, trip
distribution, traffic operation, site circulation and access. Using the same methodology
established in the DDSP DEIR which includes an analysis of both the Base FAR and
Maximum FAR, the project was found to be within the impacts analyzed and mitigated
in the DDSP EIR and no new or substantially more severe significant traffic impacts are
presented for the project.
As stated, the DDSP EIR assessed the transportation impacts of the DDSP by
identifying large areas for development. Since the EIR did not assign devel opment
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densities to individual parcels, general assumptions were required. Therefore, included
in the evaluation of the proposed project was the intersection of Golden Gate Drive and
St. Patrick Way. The study found that a traffic signal was not warranted by the project
alone; however, it did note that in the future (before 2040) with additional projects, the
signal will be required. This finding is consistent with the DDSP EIR Mitigation Measure
3.9-1. This mitigation measure requires the City to collect impact fees from developers
in the Specific Plan Area for the Tri-Valley Transportation Development Fee as well as
the Western Dublin Traffic Impact Fee programs prior to issuance of Building Permits.
This will fund local and regional transportation improve ments. The signal at Golden
Gate Drive and St. Patrick Way has already been identified in the Western Dublin TIF
program and the payment of the required TIF fees addresses this previously identified
impact.
Noise Impacts
The DEIR for the DDSP identified the impact pertaining to the increase of noise levels in
the area from mobile sources (vehicular traffic) at existing and future uses. To mitigate
this impact the City adopted Mitigation Measure 3.7 -3. This mitigation measure requires
that future development within the DDSP project area located adjacent to Highway 580
prepare a site-specific acoustical analysis subject to review and approval by the City of
Dublin. The mitigation required that the acoustical analysis evaluate resultant noise
impacts in comparison to the City’s noise criteria for Land Use Compatibility for
Community Noise Environments. Feasible project specific mitigation measures are
required as part of the project design to reduce noise impacts at future noise sensitive
land uses, including but not limited to the following:
1) site design,
2) operational restrictions,
3) barriers,
4) setbacks, and
5) insulation.
An acoustical assessment dated March 2018, was prepared by Kimley Horn on behalf
of the applicant. The assessment evaluated fut ure uses at the project site and potential
noise levels they would be exposed to. The assessment includes an evaluation of the
existing conditions and concluded that the primary noise source was traffic on I -580. As
required by Mitigation Measure 3.7-3, the assessment made project specific design
recommendations to address noise levels. The recommendations are as follows:
1) Sound wall. A seven-foot noise barrier is needed to ensure that ground -floor
exterior noise levels in Courtyard C (closest to I-580)
2) Upgraded windows. Units along the western, southern and eastern property
line require thicker glass windows (minimum Sound Transmission Class of 36)
3) Balcony treatments. The first row of units that façade the western, southern
and eastern site perimeter require incorporation of a noise attenuating balcony
or patio treatment (42” minimum height)
With implementation of the above recommendations, the interior noise levels at the
project would not exceed the 45dBA interior threshold required by the California
Building Code and the Dublin General Plan. They would also keep exterior noise levels
from exceeding 60 dBA which is identified as a “normally acceptable” level for
residential uses in the Dublin General Plan.
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Based on the Project record as a whole, the pr oposed project is within the scope of the
project covered by the DDSP EIR and subsequent Addendum. The circumstances
under which the Project is to be undertaken have not substantially changed since the
DDSP EIR and subsequent Addendum were prepared and will not substantially change
with the approval of the Project. As supported by the operational traffic analysis and
noise study, the EIR adequately describes the impacts of the Project for the purposes of
CEQA, no mitigation measures or new alternatives are required by the Project other
than those previously disclosed and analyzed in the DDSP EIR and subsequent
Addendum. Approval of the project will not create any site‐specific operations giving
rise to environmental effects different from those examined by t he EIR or requiring the
preparation of an Initial Study. The proposed project is subject to the DDSP Mitigation
Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines
Section 15182, the Project impacts are covered by the DDSP EIR and i ts Addendum
and no further environmental review is required for this project.
PUBLIC NOTICING:
In accordance with State law, a public notice was mailed to all property owners and
occupants within 300 feet of the proposed project to advertise the project and the
upcoming public hearing. A public notice also was published in the East Bay Times and
posted at several locations throughout the City. A Planning Application sign was posted
on the project site and the project was also included on the City’s devel opment projects
webpage. A copy of this Staff Report has b een provided to the Applicant.
ATTACHMENTS:
1. Planning Commission Resolution 18-07
2. Applicant's Appeal Filed April 6, 2018
3. Resolution Approving the Site Development Review Permit and Vesting Tentative
Map
4. Exhibit A to the Resolution - Project Plans
5. Resolution Approving the Community Benefit Agreement Between the City of Dublin
and Bayview Development Group
6. Exhibit A to the Resolution - Community Benefit Agreement
RESOLUTION NO. 18-07
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DENYING A SITE DEVELOPMENT REVIEW PERMIT AND VESTING TENTATIVE MAP
10809 FOR THE ST. PATRICK WAY PROJECT AT 6700 GOLDEN GATE DRIVE IN
DOWNTOWN DUBLIN (APN:941-1500-047-07)
PLPA-2017-00069
WHEREAS, the Applicant, Bayview Development Group/The Morley Bros. is seeking
to develop an 8.53 acre site located at 6700 Golden Gate Drive within the Downtown Dublin
Specific Plan. The proposal includes the demolition of the existing partially vacant 204,624
square foot warehouse building, construction of the ultimate extension of S t. Patrick Way and
construction a 5 story, 499-unit apartment community and related site improvements. The St.
Patrick Way Residential Project includes a request for a Vesting Tentative Map for
condominium purposes; and
WHEREAS, the project site is located in Downtown Dublin, within the Transit Oriented
District of the Downtown Dublin Specific Plan; and
WHEREAS, the 499 total residential dwelling units and 1,500 square feet of office
(collaborative work space) in the collective project are permitted in the Transit Oriented
District of the Downtown Dublin Specific Plan; and
WHEREAS, projects that are denied are exempt from environmental review pursuant
to Section 15061 (b)(4) of the California Environmental Quality Act; and
WHEREAS, a Staff Report, dated March 27, 2018, was submitted to the City of Dublin
Planning Commission recommending approval of the proposed Site Development Review
Permit and Vesting Tentative Map; and
WHEREAS, the Planning Commission held a public hearing on the St. Patrick Way
Residential Project on March 27, 2018, at which time all interested parties had the opportunity
to be heard; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
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 of Dublin Planning Commission does
hereby make the following findings and determinations regarding the Site Development
Review Permit:
A. The design of the project is not appropriate to the City, the vicinity, surrounding
properties, and the lot in which the project is proposed because the size and mass
of the project building is not consistent with the development in the surrounding
area and the vision of the Transit-Oriented District. In particular, the depth of the
building is not consistent with the scale of surrounding development and the
pedestrian oriented vision of the Specific Plan.
B. Architectural considerations including the character, scale and qual ity 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 not harmonious with its surroundings and compatible with other
developments in the vicinity because the size and scale of the proposed building is
of a larger scale than other existing developments in the area.
C. The site has not been adequately designed to ensure the proper circulation for
bicyclist, pedestrians, and automobiles because of the lack of and east-west
pedestrian connection in-line with South Street that would provide convenient
pedestrian access to and from the BART station and the west of the site.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin
hereby makes the following findings and determinations regarding Vesting Tentative Map
10809:
A. The proposed subdivision map together with the provisions for its design and
improvement is not consistent with the general plan and any applicable specific plan
because the proposed wholly residential development does not contribute to the overall
vision of the Downtown Dublin Specific Plan to provide a vibrant mixed-use center.
B. The subdivision site is not physically suitable for the type and proposed density of
development because the size and mass of the project is too large for the subject
parcel.
PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this 27th
day of March 2018 by the following votes:
AYES: Qureshi, Mittan, Bhuthimethee, Kothari
NOES: Wright
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
Page 1 of 5
STAFF REPORT
CITY COUNCIL
DATE: November 21, 2017
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Study Session: Saint Patrick Way Residential Development Project
(PLPA-2017-00049)
Prepared by: Amy Million, Principal Planner
EXECUTIVE SUMMARY:
Bayview Development Group/The Morley Bros. is seeking to develop an 8.53 acre site
located at 6700 Golden Gate Drive within the Downtown Dublin Specific Plan Transit
Oriented District. The proposal includes the demolition of the existing partially vacant
204,624 square foot warehouse building, construction of the ultimate extension of Saint
Patrick Way and construction of a 5 story, 499 unit apartment community and related
site improvements. Staff will provide the City Council with a brief overview of the project
and the negotiated deal points of a proposed Community Benefit Agreement. The City
Council will also receive a presentation by the Applicant outlining their vision for
development of the project site. The City Council is being asked to provide staff and the
applicant with feedback and direction regarding the proposed project and related deal
points for a Community Benefit Agreement. The feedback received at this meeting will
be used to prepare a comprehensive application submittal for entitlements and the
preparation of a Community Benefit Agreement.
STAFF RECOMMENDATION:
Receive presentations by Staff and the applicant, and provide feedback regarding the
proposed development and community benefits.
FINANCIAL IMPACT:
All cost related to this Study Session and the processing of this project application are
borne by the applicant.
DESCRIPTION:
Background
The project site, commonly referred to as the Prologis site, is located at 6700 Golden
Gate Drive. This subject property is located in the Transit-Oriented District of the
Downtown Dublin Specific Plan (DDSP). The 8.53 acre industrial site currently owned
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by AMB Dublin, LLC, is located north of the I-580 freeway and south of the future
extension of Saint Patrick Way, as shown in Figure 1 below. Adjacent to the west
boundary of the property are two restaurants (Outback Steakhouse and a vacant
restaurant space) as well as commercial retail uses. To the east of the site is a 309 unit
residential development, Connolly Station. The site currently includes a partially vacant
204,624 square foot warehouse building, surface parking lot, and outdoor storage area
for an existing tenant.
Figure 1: Vicinity Map
The DDSP provides a list of permitted uses, development standards and design
guidelines for all development with the Plan area. The DDSP identified a pool of 1,900
residential units that may be constructed in the Transit Oriented District. A developer
must provide a benefit to the community for the use of these units. Since the
establishment of the pool, 688 units have been constructed. There are 1,212 units
remaining in this pool as shown in Table 1 below.
Table 1. Transit Oriented District Residential Development Pool
Transit Oriented District (1,900 Residential Units)
Project Address Units Status
Connelly Station 7550 St. Patrick Way 309 Complete
Aster (Bay West) 7544 Dublin Blvd. 313 Complete
Valor Crossing (Eden) 6707 Golden Gate Dr. 66 Complete
Total Constructed Units 688
Remaining Units 1,212
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Project Overview
Bayview Development Group/The Morley Bros. proposes to demolish the existing
warehouse building and construct the ultimate extension of Saint Patrick Way, and
construct a 5 story, 499 unit apartment community with related amenities including a
club house, pool, roof top terrace, passive courtyards, leasing office and structured
parking. The proposed unit mix is shown in Table 2 below. The entitlements for the
project are anticipated to include a Site Development Review Permit, Condominium
Map, and a Community Benefit Agreement.
Table 2. Proposed Unit Mix
Unit Type Number of Units
Studios 49
1 Bedrooms 240
2 Bedrooms 210
Total: 499
The applicant has prepared a conceptual site plan and elevations of the proposed
project as viewed from Saint Patrick Way and from Interstate 580 (Attachment 1). The
architectural concept for the development is a contemporary five story building designed
to front along the future extension of Saint Patrick Way. The conceptual design shows
a variety of contemporary building materials (including wood composite lap siding,
stucco, metal awnings), varying vertical parapet heights and upper level balconies. The
front façade is complemented on both the ground level and roof level. The ground level
is highlighted with a an entry plaza with a change in paving materials leading to a lobby,
leasing office and community amenities that front along Saint Patrick Way and will help
to activate the streetscape. The roof level provides a terrace which provides an open
architectural feature that is also visible from Saint Patrick Way.
The following is an overview of the DDSP Development Standards for the Transit
Oriented District and a comparison to the proposed project.
Table 3. Overview of DDSP Development Regulations
Development
Regulation
Standard Proposed
Density Range 30 to 85 units per acre 58.5 units per acre
Building Height 8 floors / 90 feet 5 floors / 56 feet
Setbacks:
St. Patrick Way
Interior
I-580 Freeway
5’ min/15’ max (80% of bldg.
façade) 5’ min 10’ min
To be determined -
conceptual plan only
Parking 1.5 spaces/unit (749 spaces) 1.54 spaces/unit (766
spaces)
Guest Parking Up to 15% of required parking 3% / 23 spaces
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Community Benefit Agreement
As defined in the Downtown Dublin Specific Plan, units acquired from the Development
Pool require a community benefit. The community benefit can come in the form of an
improvement, payment or amenity desirable to the City Council in or for the benefit of
the Downtown area.
Staff has met with the applicant to review possible options for the City Council’s
consideration. The applicant is proposing to achieve the community benefit through
three distinct and important ways – affordable housing, enhanced streetscape along St.
Patrick Way and supporting the City’s economic development efforts.
Affordable Housing
The applicant is proposing, as a means to satisfy the affordable housing requirement,
the dedication of a 1.3-acre site just west of the said property for the purposes of
developing affordable workforce housing. As proposed, the applicant would sell the site
to Eden Housing for a nominal fee.
However, the majority of the community benefit for the dedication and ultimate creation
of affordable housing is in the additional credit market created for the units. As was the
case for units created for Valor Crossing, the City will hold the excess credits of
affordable units and can sell these credits to other projects in the community as a
means of satisfying their affordable requirements. This could potentially yield the City
$10 million in future revenues.
Saint Patrick Way Streetscape Enhancements
The proposed project would trigger the requirement to design, build and extend Saint
Patrick Way from its current edge westward to Regional Street. The applicant and Staff
have met to discuss significant enhancements to this segment of the street, creating
plaza type improvements in an effort to make St. Patrick Way the destination street for
events and activities. As proposed, the street would be able to be closed to use it as a
place to hold weekend morning Farmers’ Markets, in addition to other street fairs and
food truck events to be hosted by the City.
The applicant can provide more detail on the street enhancements as part of the study
session.
Economic Development Efforts
As part of the proposed project, the applicant would work with the City to provide a co-
work space for local residents, entrepreneurs and emerging businesses. This space
would be located within the project and on a prominent corner of the building. The
space would open up to the enhanced plaza street location. The applicant would
subsidize the space operation for a period of 10 years.
Next Steps
The City Council is requested to provide Staff and the applicant with feedback and
direction regarding the proposed project and the negotiated deal points of a Community
Benefit Agreement. Based on the feedback from the City Council, Staff will continue to
work with the applicant on project details and the preparation of a complete application
for a Site Development Review Permit and Condominium Map for consideration and
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action by the Planning Commission. The City Manager will prepare a Community
Benefit Agreement that will be brought forward to the City Council for consideration after
the Planning Commission takes action on the entitlement application.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
Although a public notice is not required, the City mailed a notice to all property owners
and occupants within 300-feet of the proposed project. A public notice was published in
the East Bay Times and posted in the designated posting places. A copy of this Staff
Report was provided to the applicant and was made available on the City’s website.
ATTACHMENTS:
1. Project Plans - Saint Patrick Way
4.1
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A0.0COVER
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
DUBLIN, CA # 2017-0486
ST. PATRICK WAY CONCEPTUAL DESIGN
NOVEMBER 1, 2017
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1814 Franklin St., Ste. 400
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510.272.2910
ktgy.com
DUBLIN, CA # 2017-0486
ST. PATRICK WAY CONCEPTUAL DESIGN
NOVEMBER 1, 2017 A0.1SHEET INDEX
0 50 10025
Architectural
A0.0Cover
A0.1Sheet Index
A0.2Vicinity Map
A0.3Surrounding Context Map
A1.0 Conceptual Site Plan
A2.0 Rendering
A2.1 Rendering
A2.2 Rendering
A2.3 Rendering
Landscape
L1.0 Streetscape Concepts
L2.0 Image Board
Civil
C1.0 Aerial + Vicinity Maps
C2.0 St. Patrick Way Alignment
C3.0 Preliminary Grading + Utility Plan
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510.272.2910
ktgy.com
DUBLIN, CA # 2017-0486
ST. PATRICK WAY CONCEPTUAL DESIGN
NOVEMBER 1, 2017 A0.2VICINITY MAP
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ST. PATRICK WAY CONCEPTUAL DESIGN
NOVEMBER 1, 2017 A0.3SURROUNDING CONTEXT MAP
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4.1.a Packet Pg. 12Attachment: 1. Project Plans - Saint Patrick Way (Saint Patrick Way Study Session)
Architecture + Planning
1814 Franklin St., Ste. 400
Oakland, CA 94612
510.272.2910
ktgy.com
DUBLIN, CA # 2017-0486
ST. PATRICK WAY CONCEPTUAL DESIGN
AUGUST 4, 2017 A2.0RENDERING: ST. PATRICK LOOKING EAST
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ST. PATRICK WAY CONCEPTUAL DESIGN
AUGUST 4, 2017 A2.1RENDERING: ST. PATRICK LOOKING WEST
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ST. PATRICK WAY CONCEPTUAL DESIGN
AUGUST 4, 2017 A2.2RENDERING: ST. PATRICK MAIN ENTRY
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ST. PATRICK WAY CONCEPTUAL DESIGN
AUGUST 4, 2017 A2.3RENDERING: VIEW FROM 580
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VALOR CROSSING
APARTMENTS
ASTER APARTMENTS
ST. PATRICK WAY
DUBLIN BOULEVARD
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SOUTH STREET
CONCEPTUAL DESIGN
OCTOBER 30, 2017
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORSPLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.
DUBLIN, CA # 2763
ST. PATRICK WAY C1.0AERIAL MAP & VICINITY MAP
0 100 20050
SITE
VICINITY MAP
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SECTION A: PROPOSED
SECTION C: PROPOSED SECTION D: EXISTING
SECTION B: PROPOSED
LEGEND
ABBREVIATIONS
ST. PATRICK & WEST STREET INTERSECTION DETIAL
CONCEPTUAL DESIGN
OCTOBER 30, 2017
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORSPLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.
DUBLIN, CA # 2763
ST. PATRICK WAY C2.0ST. PATRICK WAY ALIGNMENT
0 40 8020
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CONCEPTUAL DESIGN
OCTOBER 30, 2017
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORSPLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.
DUBLIN, CA # 2763
ST. PATRICK WAY C3.0
0 40 8020
PRELIMINARY GRADING & UTILITY PLAN
LEGEND
ABBREVIATIONS
NOTES
PRELIMINARY C.3 SUMMARY
DMA TOTAL AREA
(SF)TREATMENT
TYPE
TREATMENT
FLOW RATE (CFS)
BIO-RETENTION
REQUIRED (SF)
BIO-RETENTION
PROVIDED (SF)
≥
SPECIAL PROJECT NON-LID
TREATMENT REDUCTION CREDITS
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Page 1 of 17
STAFF REPORT
PLANNING COMMISSION
DATE: March 27, 2018
TO: Planning Commission
SUBJECT:
St. Patrick Way Residential Project - Site Development Review and
Vesting Tentative Map 10809 (PLPA-2017-00061)
Prepared by:Amy Million, Prinicpal Planner
EXECUTIVE SUMMARY:
Bayview Development Group/The Morley Bros. is seeking to develop a ± 8.53 acre site
located at 6700 Golden Gate Drive within the Downtown Dublin Specific Plan Transit -
Oriented District. The proposal includes the demolition of the existing largely vacant
204,624 square foot warehouse building, construction of the final extension of St.
Patrick Way and construction of a five-story, 499-unit residential building and related
site improvements. The project includes a request for a Vestin g Tentative Map for
condominium purposes.
RECOMMENDATION:
Disclose ex-parte contacts, conduct the public hearing, deliberate and adopt a
Resolution approving a Site Development Review Permit and Vesting Tentative Map
10809 for the St. Patrick Way Project at 6700 Golden Gate Drive in Downtown Dublin.
PROJECT DESCRIPTION:
The project site, commonly referred to as the Prologis site, is located at 6700 Golden
Gate Drive. The ±8.53-acre site is located north of I-580 and south of the future
extension of St. Patrick Way, as shown in Figure 1 below. Adjacent to the west
boundary of the property are two restaurants (Outback Steakhouse and a vacant
restaurant space) as well as a retail/office building on the adjacent 1.3 acre site. To the
east of the site is a 309-unit residential development, Connelly Station. The site
currently includes a largely vacant 204,624 square foot warehouse/industrial building,
surface parking lot, and outdoor storage area for an existing tenant. Industrial uses are
not permitted in the DDSP which results in the building’s existing industrial use being
legal-nonconforming. The existing warehouse building presents challenges to
repurposing it with conforming commercial uses. Such challenges include parking and
building code compliance.
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The subject property is located within the Transit-Oriented District of the Downtown
Dublin Specific Plan (DDSP). This land use designation allows a variety of uses,
including residential, retail and office uses.
The DDSP identified a pool of 1,900 residential units that may be constructed in the
Transit Oriented District. As part of the proposed project, the applicant is required to
enter into a Community Benefit Agreement in exchange for using units from the pool.
The Community Benefit Agreement is subject to review and approval by the City
Council. Since the establishment of the pool, 688 units have been constructed. There
are 1,212 units remaining in this pool as shown in Table 1 below.
Table 1. Transit Oriented District Residential Development Pool
Transit Oriented District (1,900 Residential Units)
Project Address Units Status
Connelly Station 7550 St Patrick Way 309 Approved 2012 - complete
Aster (Bay West) 7544 Dublin Blvd. 313 Approved 2013 - complete
Valor Crossing
(Eden)
6707 Golden Gate Dr. 66 Approved 2013 - complete
Total Developed Units 688
Remaining Units 1,212
St. Patrick Way 6700 Golden Gate Dr. 499 Proposed Project
Remaining Units with Proposed Project 713
On November 21, 2017, City Council held a study session for and provided input on the
proposed project and the negotiated deal points of the proposed Community Benefit
Agreement, which included the following:
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• Dedication of a 1.3-acre site just west of the subject property for the
purposes of developing affordable housing
• Enhanced streetscape along St. Patrick Way to allow for its use for special
events and Downtown activation.
• Supporting the City’s economic development effort through providing a
collaborative work space within the project for local residents,
entrepreneurs and emerging businesses.
City Council directed Staff to proceed with processing the project entitlements for
consideration by the Planning Commission and prepare a Community Benefit
Agreement for the City Council to consider.
Current Request
Bayview Development Group/The Morley Bros. proposes to demolish the existing
industrial warehouse building, construct the ultimate extension of St. Patrick Way and
construct a five-story, 499-unit residential community with related amenities including a
club house, pool, roof top terrace, passive courtyards, collaborative work space, leasing
office and structured parking. The entitlements for the project that are being presented
to the Planning Commission for consideration are a Site Development Review Permit
and Tentative Parcel Map for condominium purposes. The Community Benefit
Agreement, which allocates the units, will be considered separately by the City Council.
ANALYSIS:
Site Development Review
The DDSP contains allowed uses, development standards, and design guidelines for all
projects within its boundaries. The development standards contained in the DDSP are
purposefully permissive to allow flexibility in project design and implementation.
The proposed building meets all the development standards of the Transit-Oriented
District (DDSP Section 4.2). An overview of those standards is provided in Table 2
below.
Table 2. Overview of DDSP Development Regulations
Development Regulation Standard Proposed
Density Range 30 to 85 units per net acre 65.66 units per net acre
Building Height 8 floors / 90 feet 5 floors / 57 feet
Setbacks:
St. Patrick Way
Interior
I-580 Freeway
5 feet to 15 feet maximum
5 feet minimum
10 feet minimum
Varies. 6.4 feet minimum
Varies. 12 feet minimum
Varies. 54 feet minimum
Required Frontage A building facade shall be Approximately 83% of
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constructed within 10 ft of
the minimum street setback
line along at least 80% of the
property’s total street
frontage
the building façade is
constructed within this
area.
Private Outdoor Space 100 square feet per unit or
49,900 square feet
50,000 square feet
Residential Parking 1.5 spaces per unit / 749
spaces
749 spaces
Guest Parking Up to 15% of required
parking / 0 to 112 spaces
2.1% / 16 spaces
Work Space Parking 1 space per 250 square feet
/ 6 spaces
6 spaces
In addition to defining uses, development standards, and design guidelines, the DDSP
also includes a set of guiding principles to help prioritize the direction and developm ent
strategy for Downtown Dublin as a whole (DDSP Section 3.3). The purpose of the
guiding principles is to define a framework for future land uses, development standards
and design guidelines. For details on the project’s consistency with those guiding
principles see the “Consistency with the General Plan, Specific Plans, and Zoning
Ordinance” section below.
Overall Site Plan and Circulation
The proposed building includes 499 market rate apartments and a 1,500 square foot
collaborate work space along the extension of St. Patrick Way. The 499-units will be
distributed through five floors which wrap around three internal courtyards and a five -
story parking structure. The 1,500 square foot collaborative work space is located on
the ground floor at northeast corner of the building facing St. Patrick Way.
Vehicular access to the site is provided by a single driveway off St. Patrick Way. The
driveway provides access to the parking garage as well as guest parking spaces along
the driveway. A second vehicle access, for emergency vehicles only, is provided off
West Street, a private road along the eastern property line, which is shared with the
adjacent residential community, Connelly Station. This access road is restricted with a
gate at the entry (located at the property line) that wraps around the building to the
south, providing a buffer between the proposed building and I -580.
Pedestrian access to the site is provided from St. Patrick Way, West Street and the
project drive. A plaza feature has been designed in front of the leasing office centrally
located along the St. Patrick Way street frontage. The plaza and leasing office create a
focal point for the front façade with enhanced pavement in the plaza leading to the
leasing office, which is designed as an open two-story interior space. A small second
lobby is located on the east side of the building near the emergency vehicle access road
off West Street. This lobby provides a direct pedestrian connection to South Street
which leads to Golden Gate Drive and the West Dublin/Pleasanton BART station. A
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pedestrian gate next to the emergency vehicle gate will provide secure access for the
residents using this lobby. A third lobby is located on the west side of the building off the
project drive adjacent to the guest parking spaces.
As outlined in Table 2 above, there are a total of 771 parking spaces on -site, both at-
grade and in the parking garage. The parking requirement for residential uses in the
DDSP area is 1.5 spaces per residential unit and up to 15% add itional spaces for guest
parking. Consistent with the DDSP, the applicant is proposing to provide 1.5 spaces per
unit (749 spaces) and a limited amount of guest parking of 2.1% (16 spaces) that the
applicant feels will adequately serve the needs of the building.
For commercial uses, the DDSP refers to the parking standards in the Dublin Zoning
Ordinance. The collaborative work space, located on the ground -floor facing St. Patrick
Way is designed to be open to the public, so that it can be used by both resi dents of the
project and non-residents. As such, a parking requirement of 1 space per 250 square
feet for a total of 6 spaces is required for this work space and will be provided on -site.
The DDSP requires private outdoor spaces for all residential development projects at a
ratio of 100 square feet per residential unit. This space may be provided in a series of
spaces which are common to all residents such as courtyards or roof gardens or private
to individual residences such as individual balconies and patios. A total of 49,990
square feet of open space is required for the proposed 499 units and 50,000 square feet
is provided. The layout of the building provides for individual balconies as well as three
large internal courtyards designed for both active and passive uses including a pool,
spa, BBQ, fountains, seating, and a fireplace. Additional detail on the courtyard spaces
is provided in the Landscape Design section below.
A site plan highlighting access locations and project features is provided in Figure 2
below and included as Attachment 2, Sheet A0.4.
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As part of the review, the City engaged the services of Kittelson & Associates to
complete a project-level analysis of the transportation effects, which included a review
of the site circulation and access. The proposed project was determined to have
adequate site circulation and access for all users including residents, emergency
vehicles and service vehicles such as garage trucks.
St. Patrick Way Extension
The project includes the extension of St. Patrick Way from West Street to Regional
Street, completing the planned connection. The street incorporates the Complete
Streets standards of the General Plan (Section 5.4) with infrastructure for all modes of
transportation including vehicles, pedestrians and bicyclists. The applicant is proposing
to further enhance St. Patrick Way along this segment of the street. The proposal
includes creating plaza type improvements such as seat walls, enhanced paving, poles
for decorative string lights, temporary bollards, etc., in an effort to make St. Patrick Way
a destination street for events and activities. As proposed, the street could periodically
be closed for use as a place to hold Farmers’ Markets, in addition to other street fairs
and food truck events hosted by the City. Figures 3 and 4 below show completion of St.
Patrick Way and a detail of some of the proposed enhancements.
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The proposed street enhancements implement with the guiding principles identified in
the DDSP for the downtown such as:
• Enhance the visual quality of Downtown Dublin, including public streetscape
improvements, entryways, on‐site landscaping and the appearance of individual
buildings.
• Create a pedestrian‐friendly downtown that minimizes potential conflicts
between vehicles, pedestrians and bicyclists.
• Enhance the multi‐modal circulation network to better accommodate alternative
transportation choices including BART, bus, bicycle, and pedestrian
transportation.
• Encourage development that will create a vibrant and dynamic downtown that is
considered an attractive and distinctive amenity to the Tri‐Valley Region.
• Work with property owners and business to achieve the goals and objectives of
the Downtown Dublin Specific Plan.
• The cost of infrastructure should be paid for by development.
The conceptual streetscape improvements are included in the project plans for
reference (Attachment 2, Sheets L1.2 and L5.1). The details on the streetscape
improvements will be included in the Community Benefit Agreement as previously
discussed.
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Building Architecture and Materials
The architectural concept for the development is a contemporary building designed to
front along the future extension of St. Patrick Way. The north half of the building which
is primarily visible from St. Patrick Way and West Street focuses on the pedestrian
experience using smaller architectural details, materials and entry features. The
southern half of the building which is primarily visible from I -580 focuses on
experiencing the development from a vehicle on I -580 through its larger design features
and color palette. The two halves of the building relate through the building’s consistent
architectural theme and materials and differentiate through the changes in articulation
and details.
The building’s contemporary look and geometry follows the St. Patrick Way street
frontage with articulation and architectural features in key locations. The ground level
along St. Patrick Way is highlighted with an entry plaza with a change in paving
materials leading to a two-story interior leasing office. Entry stoops for the ground -floor
units provide pedestrian scale and create a direct connection to St. Patrick Way. At the
corner of St. Patrick Way and West Street is a two -story cooperative working space at
the ground level that also activates the corner. A partially open terrace is also provided
on the 5th floor above the leasing and amenity space along the St. Patrick Way frontage.
Figure 5. Partial North Elevation – St. Patrick Way
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Figure 6. Detail view of Work Space and Front Entries on St. Patrick Way
The parking structure is located on the southern half of the building and is wrapped on
the three of the four sides, leaving the southern façade exposed to I -580. The building’s
architecture screens the parking structure which is accented by colorful metal screens
that are placed along the 5th floor of the parking structure and continued down the east
side of the south facade to the ground floor to add further interest.
Figure 7. South Elevation – I-580
The exterior materials throughout the building are a variety of contemporary building
materials including, wood composite lap siding, cementitious panels, stucco, glass and
metal awnings. The building’s façade is articulated through the use of two a nd three
story architectural elements, grouped windows and varying window patterns that create
visual interest at different levels. Balconies and awnings are used throughout the
buildings along with varying vertical parapet heights.
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Figure 8. Awning and Balcony Details
The roofline has a traditional contemporary form that rises and falls with the various
architectural projections. The open amenity space on the 5th floor directly above the
ground floor leasing office and amenity space off ers additional visual relief to the
building’s five-story mass. The building is further accented with balconies with wood
railings, glass panels along the 5th floor amenity space, and metal awnings over
selected windows and doors. These perspectives and elevations are included as
Attachment 2, Sheets A1.0-A2.3.
Landscape Design
The landscaping is designed to enhance the building’s architecture while
complementing the already established landscaping in the surrounding developments
and on the street. The landscape is also functionally designed to buffer the proposed
building in key locations such as along 1 -580 and the vacant property to the east
adjacent to BART. The DDSP encourages the use of landscaping on all sides of
buildings, along streets, walkways, driveways and private outdoor spaces. A
combination of trees, shrubs and groundcovers are also encouraged which may be
provided in planters, pots or in the ground. The DDSP supports the inclusion of shade
trees along walkways and near buildings. These encouraged features are included in
the proposed design.
The design concept for the interior courtyard continues the contemporary design theme.
The furnishings and plant palate are clean and contemporary. The three courtyard
spaces provide different functions with both active and passive uses. The most active
courtyard is the largest of the three and located directly behind the leasing and amenity
space. This area includes the pool and spa. The second courtyard is directly connected
to the first and is designed with a variety of seating, a fireplace and BBQs. The third
courtyard provides a passive setting for the units on the southern half of the building
closest to I-580. Due to its location, this space is designed to function less as an active
space and more as a passive open space for the residents.
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The plants selected will provide year-round seasonal interest, with a mix of evergreen
and deciduous plantings. The plantings will be drought tolerant with water management
features that will allow the site to use a minimum amount of water while creating an
attractive and thriving environment.
The conceptual landscape plan is included as Attachment 2, Sheet L1.1, which details
on Sheets L3.0 and L5.2.
Public Art
The applicant intends to satisfy the City’s public art requirement through the inclusion of
public art. The preliminary location of the art is shown along St. Patrick Way at the east
and west corners of the building. Condition of Approval No. 20 confirms the public art
requirement.
Vesting Tentative Map 10809
The Applicant has indicated that the proposed development will be rental housing;
however, a request to subdivide the ± 8.53 acre property for condominium purposes has
been included to allow flexibility in the future to convert the project to ownership units.
The vesting tentative map will allow up to the proposed 499 -units. No condominium
conversion may take place in the City without the owner first obtaining a Condominium
Conversion Permit pursuant to Dublin Municipal Code Chapter 8.54 from the Planning
Commission. The Vesting Tentative Map is included in the Project Plans as Sheet
C1.0. The Resolution approving Vesting Tentative Map 10809 is included as
Attachment 1 to this Staff Report.
CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLANS, AND ZONING
ORDINANCE
The project is consistent with the General Plan land use designation of Downtown
Dublin – Transit-Oriented District and the DDSP. The DDSP was written as a
comprehensive plan for future development in the Downtown area. The Specific P lan
contains the allowed uses, development standards, and design guidelines with which all
projects within the boundaries must be in compliance. The proposed project, with the
allocation of residential units from the Development Pool as described above, i s
consistent with the DDSP and the City’s Zoning Ordinance. The proposed facility has
been designed to be compatible with surrounding residential and commercial properties,
while encouraging the appropriate integration to activate this key area of Downtow n
Dublin. In addition, the proposed project will contribute to the implementation of the
vision of the DDSP and the housing opportunities offered in the DDSP area.
Downtown Dublin Specific Plan Guiding Principles
A set of guiding principles are included to help prioritize the direction and development
strategy for Downtown Dublin as a whole (DDSP Section 3.3). The purpose of the
guiding principles is to define a framework for future land uses, development standards
and design guidelines.
In addition, guiding principles for Downtown Dublin as a whole, guiding principles have
been identified for the Transit‐Oriented District (DDSP Section 3.3.3). Those that apply
to the proposed project are as follows:
• Promote transit‐oriented development to create a distinctive and active district;
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• Identify opportunity sites for future development that incorporate mixed ‐use and
provide public and/or private plazas and outdoor gathering areas at strategic
locations; and
• Encourage underground and/or above ground parking stru ctures.
Downtown Dublin Specific Plan Vision
The established vision of the DDSP is to make Downtown Dublin “a vibrant and
dynamic commercial and mixed-use center that provides a wide array of opportunities
for shopping, services, dining, working, living a nd entertainment in a pedestrian-friendly
and aesthetically pleasing setting that attracts both local and regional residents.” The
redevelopment of the subject property is an important incremental improvement to
advance this vision.
The proposed project also supports the narrower vision for the Transit-Oriented District
which is “to encourage the development of the area with land uses that support and
complement transit uses, particularly the West Dublin BART Station. These uses
include high-density multi-family residential and those that are generally more urban
that the surrounding area”. In addition, a pedestrian-scale, walkable environment is
encouraged through the development of plazas and connectively within the District and
areas outside the District. The proposed project with its completion of St. Patrick Way
and site design will further the vision of the Transit-Oriented District.
Downtown Dublin Specific Plan Design Guidelines
The DDSP establishes design guidelines for development within the pl an area (DDSP
Section 4.4). The proposed project meets the key design guidelines of the DDSP
(DDSP Section 4.4), including:
• Using high-quality building materials and treating all building facades that are
visible from the public realm with similar archite ctural elements, materials, and
colors;
• Incorporating treatments into the building design to ensure articulation and visual
interest by utilizing techniques such as changing direction of the wall or façade,
altering the height of the rooflines, providing p rojecting elements such as
canopies, balconies, trellises, and breaking up large surfaces with logical
changes in materials, texture, or colors;
• Use of bold colors as accent features only and maximizing the use of muted or
soft colors;
• For residential uses, porches, balconies, and courtyards and providing ground-
floor access to both individual and common building entrances; and
• Finishing materials and color used on all building facades should be
complementary to cone another and appropriate for the architec tural style and
character of the building.
AFFORDABLE HOUSING/INCLUSIONARY ZONING
The inclusionary requirement for a 499 -unit residential project is 62 units. The applicant
is proposing to satisfy the affordable housing requirement through the dedicati on of a
1.3-acre site just west of the subject property for the purposes of developing affordable
housing. As proposed, the applicant would sell the property to the City or an affordable
housing developer for a nominal fee. As was the case for units create d for the Valor
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Crossing Veteran’s Housing Project, the City will hold any excess credits of affordable
units and can sell these credits to other projects in the community as a means of
satisfying their affordable requirements.
REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES:
The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin
San Ramon Services District reviewed the project and provided Conditions of Approval
where appropriate to ensure that the Project is established in comp liance with all local
Ordinances and Regulations. Conditions of Approval from these departments and
agencies have been included in the attached Resolution (Attachment 1).
ENVIRONMENTAL REVIEW:
The project which includes demolition of the existing wareho use building, construction
of the ultimate extension of St. Patrick Way, and construction of a 5 story, 499 unit
apartment community with related amenities including a club house, pool, roof top
terrace, passive courtyards, leasing office and structured parking, is located within the
Transit-Oriented District of the Downtown Dublin Specific Plan (DDSP), which was the
subject of an Environmental Impact Report (EIR), State Clearinghouse number
20100022005. The DDSP Final EIR was certified by City Council Res olution No. 08-11
on February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA) the
proposed residential development is (1) exempt from further environmental review
under Government Code Section 65457 and CEQA Guidelines Section 15182 a nd
under (2) CEQA Guidelines Section 15168 this residential project is in conformity with
the DDSP and within the scope of the project analyzed in the DDSP EIR; therefore, no
further CEQA review or document is required.
Government Code sec. 65457 and CEQA Guidelines Section 15182 - Exemption
Pursuant to Government Code sec. 65457 and CEQA Guidelines Section 15182(a)
(Residential Projects Pursuant to a Specific Plan) of the CEQA Guidelines which states:
"Exemption. Where a public agency has prepared an EIR on a specific plan after
January 1, 1980, no EIR or negative declaration need be prepared for a residential
project undertaken pursuant to and in conformity to that specific plan if the project
meets the requirements of this section including” an event as described in CEQA
Guidelines Section 15162. As identified in CEQA Section 15162 and briefly describes
as follows, supplemental environmental review is required only when there are new or
substantially more severe significant environmental impacts which require major
revisions to the EIR due to project changes, substantial changes with respect to
circumstances under which the project is undertaken or new information of substantial
importance, or other standards under CEQA section 15162 are met.
On February 1, 2011, the Dublin City Council adopted Resolution 09 -11 adopting the
Downtown Dublin Specific Plan (DDSP). At the meeting, the City Council adopted
Resolution 08-11 certifying an EIR for the DDSP. The purpose of the adopted DDSP
was to guide development and design for the approximately 284 acres located in
Downtown Dublin. The DDSP consists of a comprehensive set of incentives, standards,
and requirements that implements the vision for the future development of downtown
Dublin. The DDSP defines the physical envelope for Downtown Dublin’s future growth
using height limits, setbacks, density, and design standards.
5.1
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Page 14 of 17
On May 6, 2014, the City Council adopted Resolution 49-14 adopting an Addendum to
the DDSP EIR for changes to the DDSP. The changes included increasing the number
of residential units permitted in the DDSP area by 1,200 units and decreasing the
amount of commercial square footage permitted by 773,000 square feet, creating
minimum density thresholds for the Transit-Oriented and Retails Districts, and restricting
residential development on the west side of San Ramon Road in the Retail District.
DDSP EIR and the subsequent addendum analyzed the construction of approximately
2.2 million square feet of non-residential development and 2,500 residential dwelling
units, included in the DDSP. Of the 2,500 residential dwelling units, 1,900 unit were
allocated to the Transit-Oriented District. As shown in Table 1 above, the proposed
project’s 499-units is within the already contemplated residential development activity in
the Transit-Oriented District.
The proposed project meets the development standards established in the DDSP as
shown in Table 2 above.
The project is consistent with DDSP. Approval of the proposed 499 -unit residential
project would be within the development threshold of the 1,900 residential dwelling units
allocated for the Transit-Oriented District. In addition, the proposed project conforms
with the development regulations and design guidelines established in the specific plan
in which is located.
As provided in Government Code sec. 21166 and Section 15162 of the CEQA
Guidelines, when an EIR has been prepared for a project (DDSP EIR), no new
environmental document shall be prepared for the proposed project, unless the
Planning Commission makes one of the following determinations under Section
15162(a):
1) Substantial changes are proposed in the project which will require major revisions
of the previous EIR due to the involvement of new significant environmental effects
or a substantial increase in the severity of previously identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the EIR due to the
involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; or
3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the EIR was
adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the
previous EIR;
b. Mitigation measures or alternatives previously found not to be feasible would
in fact be feasible, and would substantially reduce one or more significant
effects of the project, but the project proponents decline to adopt the
mitigation measures or alternative; or
c. Mitigation measures which are considerably different from those analyzed in
the previous EIR would substantially reduce one or more significant effects on
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Page 15 of 17
the environment, but the project proponents decline to adopt the mitigation
measure.
The City conducted a review to determine if the proposed project met any of the
standards requiring the preparation of supplemental environmental review under CEQA.
Based on a review of the project, the environmental analysis in the DDSP EIR and all
the information in the Project record as a whole, the City has determined that there is no
substantial evidence that any of the standards are met. As part of this determination,
the City had an analysis of traffic and noise impacts prepared for the Project to ensure
that potential impacts in those areas did not present new or substantially more s evere
significant impacts than presented in the DDSP EIR.
Therefore, pursuant to Government Code sec. 65457 and CEQA Guidelines Section
15182, the project is exempt from CEQA and no further environmental review is
required for this project.
Section 15168 – WITHIN SCOPE OF CERTIFIED DDSP PROGRAM EIR.
The DDSP was prepared as a Program EIR under CEQA Guidelines Section 15168 to
be used as the CEQA review for future implementing projects. Section 15168(a) defines
a “program EIR” as one prepared on a series of actions that can be characterized as
one large project and are related geographically and by other shared characteristics.
Section 15168(c) states that subsequent activities in the program EIR must be
examined in the light of the program EIR to determin e whether an additional
environmental document must be prepared. If the agency finds that pursuant to CEQA
Guidelines Section 15162(c)(2), no new effects could occur or no new mitigation
measures would be required, the agency can approve the activity as be ing within the
scope of the project covered by the program EIR and no new environmental document
would be required.
Operation Traffic Analysis
The City engaged the services of Kittelson & Associates to complete a project -level
analysis of the transportation effects. The analysis included trip generation, trip
distribution, traffic operation, site circulation and access. Using the same methodology
established in the DDSP DEIR which includes an analysis of both the Base FAR and
Maximum FAR, the project was found to be within the impacts analyzed and mitigated
in the DDSP EIR and no new or substantially more severe significant traffic impacts are
presented for the project.
As stated, the DDSP EIR assessed the transportation impacts of the DDSP by
identifying large areas for development. Since the EIR did not assign development
densities to individual parcels, general assumptions were required. Therefore, included
in the evaluation of the proposed project was the intersection of Golden Gate Drive and
St. Patrick Way. The study found that a traffic signal was not warranted by the project
alone; however, it did note that in the future (before 2040) with additional projects, the
signal will be required. This finding is consistent with the DDSP EIR Mitigation Measu re
3.9-1. This mitigation measure requires the City to collect impact fees from developers
in the Specific Plan Area for the Tri-Valley Transportation Development Fee as well as
the Western Dublin Traffic Impact Fee programs prior to issuance of Building P ermits.
This will fund local and regional transportation improvements. The signal at Golden
Gate Drive and St. Patrick Way has already been identified in the Western Dublin TIF
program and the payment of the required TIF fees addresses this previously iden tified
impact.
5.1
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Page 16 of 17
Noise Impacts
The DEIR for the DDSP identified the impact pertaining to the increase of noise levels in
the area from mobile sources (vehicular traffic) at existing and future uses. To mitigate
this impact the City adopted Mitigation Measure 3.7-3. This mitigation measure requires
that future development within the DDSP project area located adjacent to Highway 580
prepare a site-specific acoustical analysis subject to review and approval by the City of
Dublin. The mitigation required that the acoustical analysis evaluate resultant noise
impacts in comparison to the City’s noise criteria for Land Use Compatibility for
Community Noise Environments. Feasible project specific mitigation measures are
required as part of the project design to reduce noise impacts at future noise sensitive
land uses, including but not limited to the following:
1) site design,
2) operational restrictions,
3) barriers,
4) setbacks, and
5) insulation.
An acoustical assessment dated March 2018, was prepared by Kimley Horn on behalf
of the applicant. The assessment evaluated future uses at the project site and potential
noise levels they would be exposed to. The assessment includes an evaluation of the
existing conditions and concluded that the primary noise source was traffic on I-580. As
required by Mitigation Measure 3.7-3, the assessment made project specific design
recommendations to address noise levels. The recommendations are as follows:
1) Sound wall. A 7-foot noise barrier is needed to ensure that ground-floor exterior
noise levels in Courtyard C (closest to I-580)
2) Upgraded windows. Units along the western, southern and eastern property line
require thicker glass windows (minimum Sound Transmission Class of 36)
3) Balcony treatments. The first row of units that façade the western, southern and
eastern site perimeter require incorporation of a noise attenuating balcony or patio
treatment (42” minimum height)
With implementation of the above recommendations, the interior noise levels at the
project would not exceed the 45dBA interior threshold required by the California
Building Code and the Dublin General Plan. They would also keep exterior noise levels
from exceeding 60 dBA which is identified as a “normally acceptable” level for
residential uses in the Dublin General Plan.
Based on the Project record as a whole, the proposed project is within the scope of the
project covered by the DDSP EIR and subsequent Addendum. The circumstances
under which the Project is to be undertaken have not substantially change d since the
DDSP EIR and subsequent Addendum were prepared and will not substantially change
with the approval of the Project. As supported by the operational traffic analysis and
noise study, the EIR adequately describes the impacts of the Project for the purposes of
CEQA, no mitigation measures or new alternatives are required by the Project other
than those previously disclosed and analyzed in the DDSP EIR and subsequent
Addendum. Approval of the project will not create any site‐specific operations giving
rise to environmental effects different from those examined by the EIR or requiring the
preparation of an Initial Study. The proposed project is subject to the DDSP Mitigation
Monitoring and Reporting Program. Consequently, pursuant to CEQA Guidelines
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Section 15182, the Project impacts are covered by the DDSP EIR and its Addendum
and no further environmental review is required for this project.
PUBLIC NOTICING:
In accordance with State law, a public notice was mailed to all property owners and
occupants within 300 feet of the proposed project to advertise the project and the
upcoming public hearing. A public notice also was published in the East Bay Times and
posted at several locations throughout the City. A Planning Application sign was posted
on the project site and the project was also included on the City’s development projects
webpage. A copy of this Staff Report has been provided to the Applicant.
ATTACHMENTS:
1. Resolution Approving the Site Development Review Permit and Vesting Tentative
Map
2. Exhibit A Project Plans
5.1
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RESOLUTION NO. 18-XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW PERMIT AND VESTING TENTATIVE MAP
10809 FOR THE ST. PATRICK WAY PROJECT AT 6700 GOLDEN GATE DRIVE IN
DOWNTOWN DUBLIN
APN:941-1500-047-07
PLPA-2017-00069
WHEREAS, the Applicant, Bayview Development Group/The Morley Bros. is seeking
to develop an 8.53 acre site located at 6700 Golden Gate Drive within the Downtown Dublin
Specific Plan. The proposal includes the demolition of the existing partially vacant 204,624
square foot warehouse building, construction of the ultimate extension of S t. Patrick Way and
construction a 5 story, 499-unit apartment community and related site improvements. The St.
Patrick Way Residential Project includes a request for a Vesting Tentative Map for
condominium purposes; and
WHEREAS, the project site is located in Downtown Dublin, within the Transit Oriented
District of the Downtown Dublin Specific Plan; and
WHEREAS, the 499 total residential dwelling units and 1,500 square feet of office
(collaborative work space) in the collective project are permitted in the Transit Oriented
District of the Downtown Dublin Specific Plan; and
WHEREAS, the project site is currently occupied by a partially vacant 204,624 square
foot warehouse building, surface parking lot, and outdoor storage area for an existing tenant ;
and
WHEREAS, the California Environmental Quality Act (CEQA), together with 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 is located within the Transit-Oriented District of the Downtown
Dublin Specific Plan (DDSP), which was the subject of an Environmental Impact Report (EIR),
State Clearinghouse number 20100022005. The DDSP Final EIR was certified by City
Council Resolution No. 08-11 on February 1, 2011. Pursuant to the California Environmental
Quality Act (CEQA), the proposed residential development is exempt from fu rther
environmental review under Government Code Section 65457 and CEQA Guidelines Section
15182. In addition, under CEQA Guidelines Section 15168 this residential project is in
conformity with the DDSP and within the scope of the project analyzed in the D DSP EIR;
therefore, no further CEQA review or document is required; and
WHEREAS, a Staff Report, dated March 27, 2018 and incorporated herein by
reference, described and analyzed the proposed St. Patrick Way Residential Project,
including the Site Development Review application and Vesting Tentative Map application;
and
WHEREAS, the Planning Commission held a properly noticed public hearing on the St.
Patrick Way Residential Project on March 27, 2018, at which time all interested parties had
5.1.a
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the opportunity to be heard; and
WHEREAS, the Planning Commission did hear and use independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth.
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 of Dublin Planning Commission does
hereby make the following finding regarding the St. Patrick Way Project:
A. The project which includes demolition of the existing warehouse building, construction
the ultimate extension of Saint Patrick Way, and construct ion of a 5 story, 499 unit
apartment community with related amenities including a club house, pool, roof top
terrace, passive courtyards, leasing office and structured parking, is located within the
Transit-Oriented District of the Downtown Dublin Specific Plan (DDSP), which was the
subject of an Environmental Impact Report (EIR), State Clearinghouse number
20100022005. The DDSP Final EIR was certified by City Council Resolution No. 08-11
on February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA ) the
proposed residential development is exempt from further environmental review under
Government Code Section 65457 and CEQA Guidelines Section 15182. In addition,
under CEQA Guidelines Section 15168 this residential project is in conformity with the
DDSP and within the scope of the project analyzed in the DDSP EIR; therefore, no
further CEQA review or document is required.
Government Code sec. 65457 and CEQA Guidelines Section 15182 - Exemption
Pursuant to Government Code sec. 65457 and CEQA Guidelines Section 15182(a)
(Residential Projects Pursuant to a Specific Plan) of the CEQA Guidelines which
states: "Exemption. Where a public agency has prepared an EIR on a spe cific plan
after January 1, 1980, no EIR or negative declaration need be prepared for a
residential project undertaken pursuant to and in conformity to that specific plan if the
project meets the requirements of this section” including an event as described in
CEQA Guidelines Section 15162. As identified in CEQA Section 15162 and briefly
describes as follows, supplemental environmental review is required only when there
are new or substantially more severe significant environmental impacts which require
major revisions to the EIR due to project changes, substantial changes with respect to
circumstances under which the project is undertaken or new information of substantial
importance, or other standards under CEQA section 15162 are met.
On February 1, 2011, the Dublin City Council adopted Resolution 09-11 adopting the
Downtown Dublin Specific Plan (DDSP). At the meeting, the City Council adopted
Resolution 08-11 certifying an EIR for the DDSP. The purpose of the adopted DDSP
was to guide development and design for the approximately 284 acres located in
downtown Dublin. The DDSP consists of a comprehensive set of incentives, standards,
and requirements that implements the vision for the future development of downtown
Dublin. The DDSP defines the physical envelope for downtown Dublin’s future growth
using height limits, setbacks, density, and design standards.
On May 6, 2014, the City Council adopted Resolution 49-14 adopting an Addendum to
the DDSP EIR for changes to the DDSP. The changes included increasing the number
of residential units permitted in the DDSP area by 1,200 units and decreasing the
amount of commercial square footage permitted by 773,000 square feet, creating
5.1.a
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minimum density thresholds for the Transit-Oriented and Retails Districts, and
restricting residential development on the west side of San Ramon Road in the Retail
District.
DDSP EIR and the subsequent addendum analyzed the construction of approximately
2.2 million square feet of non-residential development and 2,500 residential dwelling
units, included in the DDSP. Of the 2,500 residential dwelling units, 1,900 unit were
allocated to the Transit-Oriented District. As shown in Table 1 below, the proposed
project’s 499-units is within the already contemplated residential development ac tivity
in the Transit-Oriented District.
Table 1. Transit Oriented District Residential Development
Transit Oriented District (1,900 Residential Units)
Project Address Units Status
Connelly Station 7550 St Patrick Way 309 Approved 2012 - complete
Aster (Bay West) 7544 Dublin Blvd. 313 Approved 2013 - complete
Valor Crossing
(Eden)
6707 Golden Gate Dr. 66 Approved 2013 - complete
Total Developed Units 688
St. Patrick Way 6700 Golden Gate Dr. 499 Proposed Project
Remaining Units with Proposed Project 713
The proposed project meets the development standards established in the DDSP as
shown in Table 2 below.
Table 2. Overview of DDSP Development Regulations
Development
Regulation
Standard Proposed
Density Range 30 to 85 units per net acre 65.66 units per net acre
Building Height 8 floors / 90 feet 5 floors / 57 feet
Setbacks:
St. Patrick Way
Interior
I-580 Freeway
5 feet to 15 feet maximum
5 feet minimum
10 feet minimum
Varies. 6.4 feet minimum
Varies. 12 feet minimum
Varies. 54 feet minimum
Required Frontage
Buildout
A building facade shall be
constructed within 10 ft of
the minimum street
setback line along at least
80% of the
property’s total street
frontage
Approximately 83% of the
building façade is
constructed with in this area.
Private Outdoor
Space
100 square feet per unit or
49,900 square feet
50,000 square feet
Residential Parking 1.5 spaces per unit / 749
spaces
771 spaces
Guest Parking Up to 15% of required
parking / 0 to 112 spaces
2.1% / 16 spaces
Work Space Parking 1 space per 250 square
feet / 6 spaces
6 spaces
5.1.a
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The project is consistent with DDSP. Approval of the proposed 499 -unit residential
project would be within the development threshold of the 1,900 residential dwelling
units allocated for the Transit-Oriented District. In addition, the proposed project
conforms with the development regulations and design guidelines established in the
specific plan in which is located.
As provided in Government Code sec. 21166 and Section 15162 of the CEQA
Guidelines, when an EIR has been prepared for a project (DDSP EIR), no new
environmental document shall be prepared for the proposed project, unless the
Planning Commission makes one of the following determinations under Section
15162(a):
1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the EIR due to the
involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; or
3) New information of substantial importance, which was not known and could not
have been known with the exercise of reasonable diligence at the time the EIR
was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the
previous EIR;
b. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the project proponents decline to adopt
the mitigation measures or alternative; or
c. Mitigation measures which are considerably different from those analyzed
in the previous EIR would substantially reduce one or more significant
effects on the environment, but the project proponents decline to adopt the
mitigation measure.
The City conducted a review to determine if the proposed project met any of the
standards requiring the preparation of supplemental environmental review under
CEQA. Based on a review of the project, the environmental analysis in the DDSP EIR
and all the information in the Project record as a whole, the City has determined that
there is no substantial evidence that any of the standards are met. As part of this
determination, the City had an analysis of traffic and noise impacts prepared for the
Project to ensure that potential impacts in those areas did not present new or
substantially more severe significant impacts than presented in the DDSP EIR.
Therefore, pursuant to Government Code sec. 65457 and CEQA Guidelines Section
15182, the project is exempt from CEQA and no further environmental review is
required for this project.
5.1.a
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Section 15168 – WITHIN SCOPE OF CERTIFIED DDSP PROGRAM EIR.
The DDSP was prepared as a Program EIR under CEQA Guidelines Section 15168 to
be used as the CEQA review for future implementing projects. Section 15168(a)
defines a “program EIR” as one prepared on a series of actions that can be
characterized as one large project and are related geo graphically and by other shared
characteristics. Section 15168(c) states that subsequent activities in the program EIR
must be examined in the light of the program EIR to determine whether an additional
environmental document must be prepared. If the agenc y finds that pursuant to CEQA
Guidelines Section 15162(c)(2), no new effects could occur or no new mitigation
measures would be required, the agency can approve the activity as being within the
scope of the project covered by the program EIR and no new environmental document
would be required.
Operation Traffic Analysis
The City engaged the services of Kittelson & Associates to complete a project -level
analysis of the transportation effects. The analysis included trip generation, trip
distribution, traffic operation, site circulation and access. Using the same methodology
established in the DDSP DEIR which includes an analysis of both the Base FAR and
Maximum FAR, the project was found to be within the impacts analyzed and mitigated
in the DDSP EIR and no new or substantially more severe significant traffic impacts
are presented for the project.
As stated, the DDSP EIR assessed the transportation impacts of the DDSP by
identifying large areas for development. Since the EIR did not assign development
densities to individual parcels, general assumptions were required. Therefore,
included in the evaluation of the proposed project was the intersection of Golden Gate
Drive and St. Patrick Way. The study found that a traffic signal was not warranted by
the project alone; however, it did note that in the future (before 2040) with additional
projects, the signal will be required. This finding is consistent with the DDSP EIR
Mitigation Measure 3.9-1. This mitigation measure requires the City to collect impact
fees from developers in the Specific Plan Area for the Tri-Valley Transportation
Development Fee as well as the Downtown TIF programs prior to issuance of Building
Permits. This will fund local and regional transportation improvements. The signal at
Golden Gate Drive and St. Patrick Way has already been identified in the Downtown
TIF program and the payment of the required TIF fees addresses this previously
identified impact.
Noise Impacts
The DEIR for the DDSP identified the impact pertaining to the increase of noise levels
in the area from mobile sources (vehicular traffic) at existing and future uses. To
mitigate this impact the City adopted Mitigation Measure 3.7 -3. This mitigation
measure requires that future development within the DDSP project area located
adjacent to Highway 580 prepare a site -specific acoustical analysis subject to review
and approval by the City of Dublin. The mitigation required that the acoustical analysis
evaluate resultant noise impacts in comparison to the City’s noise criteria for Land Use
Compatibility for Community Noise Environments. Feasible project specific mitigation
measures are required as part of the project design to reduce noise impacts at future
noise sensitive land uses, including but not limited to the following:
1) site design,
2) operational restrictions,
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3) barriers,
4) setbacks, and
5) insulation.
An acoustical assessment dated March 2018, was prepared by Kimley Horn on behalf
of the applicant. The assessment evaluated future uses at the project site a nd
potential noise levels they would be exposed to. The assessment includes an
evaluation of the existing conditions and concluded that the primary noise source was
traffic on I-580. As required by Mitigation Measure 3.7-3, the assessment made
project specific design recommendations to address noise levels. The
recommendations are as follows:
1) Sound wall. A 7-foot noise barrier is needed to ensure that ground -floor exterior
noise levels in Courtyard C (closest to I-580)
2) Upgraded windows. Units along the western, southern and eastern property line
require thicker glass windows (minimum Sound Transmission Class of 36)
3) Balcony treatments. The first row of units that façade the western, southern and
eastern site perimeter require incorporation of a noise attenuating balcony or
patio treatment (42” minimum height)
With implementation of the above recommendations, the interior noise levels at the
project would not exceed the 45dBA interior threshold required by the California
Building Code and the Dublin General Plan. They would also keep exterior noise
levels from exceeding 60 dBA which is identified as a “normally acceptable” level for
residential uses in the Dublin General Plan.
Based on the Project record as a whole, the proposed project is within the scop e of
the project covered by the DDSP EIR and subsequent Addendum. The circumstances
under which the Project is to be undertaken have not substantially changed since the
DDSP EIR and subsequent Addendum were prepared and will not substantially
change with the approval of the Project. As supported by the operational traffic
analysis and noise study, the EIR adequately describes the impacts of the Project for
the purposes of CEQA, no mitigation measures or new alternatives are required by the
Project other than those previously disclosed and analyzed in the DDSP EIR and
subsequent Addendum. Approval of the project will not create any site ‐specific
operations giving rise to environmental effects different from those examined by the
EIR or requiring the preparation of an Initial Study. The proposed project is subject to
the DDSP Mitigation Monitoring and Reporting Program. Consequently, pursuant to
CEQA Guidelines Section 15182, the Project impacts are covered by the DDSP EIR
and its Addendum and no further environmental review is required for this project.
BE IT FURTHER RESOLVED THAT THE City of Dublin Planning Commission does
hereby make the following findings and determinations regarding the Site Development
Review Permit:
A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning
Ordinance, with the General Plan and any applicable Specific Plans and design
guidelines because: 1) The project is compatible with the architectural character and
scale of development in the immediate area in which the proposed project is to be
located; 2) the project is utilizing traditional building forms with contemporary, high -
quality materials and finishes in compliance with the design guidelines of the
Downtown Dublin Specific Plan; 3) the project will provide unique, varied, and distinct
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housing opportunities in an area where the City of Dublin has made efforts to
incentivize higher-density housing; 4) the proposed project also supports the more
specific vision for the Transit-Oriented District to encourage the development of the
area with land uses that support and complement transit uses, particularly the West
Dublin BART Station; 5) the project will help to provide affordable housing through the
dedication of the 1.3 acre site; 6), the project will complete the planned extension of St.
Patrick Way completing this roadway network; and 7) the project is consistent with the
General Plan land use designation of Downtown Dublin Specific Plan – Transit-
Oriented District.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1)
the project contributes to the orderly, attractive, and harmonious site and architectural
development that is compatible with the architectural style, intensity of development –
either in place or permitted in the future, and context of surrounding and adjacent
properties; and 2) the project complies with the development standards of the
Downtown Dublin Zoning District, as outlined in the DDSP.
C. The design of the project is appropriate to the City, the vicinity, su rrounding properties,
and the lot in which the project is proposed because: 1) the project is consistent with
the DDSP in that it provides additional housing opportunities in close proximity to the
West Dublin/Pleasanton BART station; 2) the size and mass of the proposed buildings
are consistent with other residential development in the immediate vicinity and in
compliance with the minimum and maximum development density/intensity permitted;
3) the redevelopment of the subject property is an important incre mental change to
advance the vision of the DDSP to make Downtown Dublin a vibrant and dynamic
mixed-use center; and 4) the proposed building in conjunction with the completion of
St. Patrick Way will provide a more complete street scene.
D. The subject site is suitable for the type and intensity of the approved development
because: 1) the Project provides residential development in an area that can support
residential uses; 2) the Project is consistent with the Downtown Dublin Zoning District
in which it is located; 3) the project site will be fully served by a network of existing and
planned infrastructure of public roadways, services, and facilities and 4) he proposed
project meets all of the development standards established to regulate development in
the DDSP Transit-Oriented District and are consistent and compatible with other
residential development projects in the immediate vicinity.
E. Impacts to existing slopes and topographic features are addressed because: 1) the
project site is generally flat; and 2) landscaping along St. Patrick Way and throughout
the project will be complete.
F. Architectural considerations including the character, scale and quality of the design,
site layout, the architectural relationship with the site and other buildings, scree ning 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 Project provides a high degree of design
and landscaping to provide a unique, urban, contemporary-themed housing opportunity
in the DDSP; 2) the structures reflect the architectural styles and development
standards for other higher-density residential projects within the DDSP; 3) the materials
proposed will be high-quality and long-lasting; and 4) the color and materials proposed
are appropriate to the contemporary architectural design proposed for the project and
complementary to other commercial buildings in the project vicinit y; 4) the architectural
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style and materials will be consistent and compatible with the contemporary
architectural style, colors, and materials being utilized on other multi -family projects in
the immediate vicinity; 5) the project is utilizing traditional building forms with
contemporary, high-quality materials and finishes in compliance with the design
guidelines of the Downtown Dublin Specific Plan; and 6) the size and scale of the
development will be similar to multi-family project already being constructed in the
immediate project vicinity.
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) all perimeter landscaping, streetscape enhancements, fences,
and hardscape are proposed for construction in accordance with the DDSP; and 2) the
project perimeter and interior landscaping is consistent with other developments
currently under construction in the vicinity and 3) the project will conform 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 streets,
sidewalks, and street lighting are proposed for construction in accordance with the
project plans and have been reviewed for safety and adequate circulation; and 2)
development of this project will include completion of the planned extension of St.
Patrick way to Regional Street to City Standards including Complete Streets so that all
modes of transportation are supported and ensuring the safe use of these facilities.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin
hereby makes the following findings and determinations regarding Vesting Tentative Map
10809:
A. The proposed subdivision map together with the provisions for its design and
improvement is consistent with the general plan and any applicable specific plan
because: 1) the proposed Vesting Tentative Map 10809 together with the provisions for
its design and improvements complies with the development standards of the DDSP
and the Transit-Oriented District as well as the overall vision of the DDSP to provide a
vibrant mixed-use center which includes high-density residential development.
B. The subdivision site is physically suitable for the type and proposed density of
development because: 1) the project site is physically suitable for the type and
proposed density of development (65.66 units per acre) is consistent with the DDSP
Transit Oriented District’s density range of 30 to 885 units per acre; 2) the proposed 5-
story development is consistent with the scale of other residential developments in the
immediate vicinity; and 3) the project site is located on approximately 8.53 acres of
relatively flat topography, and so therefore is physically suitable for the type and
density of development that is proposed.
C. The tentative tract map is consistent with the intent of applicable subdivision design or
improvements of the tentative tract map are consistent with the city’s general plan and
any applicable specific plan because: 1) the proposed Vesting Tentative Map 10809 for
no more than 499 residential condominium units is consistent with the development
densities allowed in the DDSP and well with the overall vision of the DDSP to provide a
vibrant mixed-use center which includes high-density residential development.
5.1.a
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D. The subdivision design and proposed improvements will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat because: 1) the proposed Vesting Tentative Map is for the redevelopment of
an already fully developed site with improvements and therefore already an urbanized
site will not result in environmental damage or substantially injure fish or wildlife or their
habitat or cause public health concerns; 2) in addition, the City conducted a review to
determine if the proposed project met any of the standards requiring the preparation of
supplemental environmental review under CEQA. Based on a review of the project
and the environmental analysis in the DDSP EIR, the City has determined that there is
no substantial evidence that any of the standards are met. Therefore, it has been
determined that the project is exempt from CEQA and no further environmental review
is required for this project.
E. The design of the subdivision or type of improvements will not cause serious public
health concerns because: 1) the design of the subdivision or type of improvements will
not cause serious public health concerns as it has been conditioned to comply with all
building codes and ordinances in effect at the ti me of permit issuance; 2) in addition,
the City conducted a review to determine if the proposed project met any of the
standards requiring the preparation of supplemental environmental review under
CEQA. Based on a review of the project and the environmen tal analysis in the DDSP
EIR, the City has determined that there is no substantial evidence that any of the
standards are met. As part of this determination, the City had an analysis of traffic and
noise impacts prepared for the Project to ensure that potential impacts in those areas
did not present new or substantially more severe significant impacts than presented in
the DDSP EIR. Therefore, it has been determined that the project is exempt from
CEQA and no further environmental review is required for this project.
F. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision; or alternate easements are provided pursuant to
Government Code Section 66474(g) because: 1) the City Engineer has reviewed the
Vesting Tentative Map and title report and has determined that the future proposed
buildings will not conflict with existing or new easements nor with future property line s.
G. The design or improvements of the tentative map are consistent with the city’s general
plan and any applicable specific plan because: 1) the proposed Vesting Tentative Map
10809 together with the provisions for its design and improvements complies w ith the
development standards of the DDSP and the Transit -Oriented District as well as the
overall vision of the DDSP to provide a vibrant mixed-use center which includes high-
density residential development.
H. The subdivision is designed to provide for future passive or natural heating or cooling
opportunities because: 1) the proposed design and orientation of the building is
designed to limit the number of residential units from southern exposure ; 2) the limited
number of units which have southern exposure are located on a single-loaded corridor
limiting direct sun exposure; 3) the parking structure, which is an non-habitable space,
is specifically located to align with the southern exposure and designed with openings
to naturally vent; 4) awnings are included in the design of some of the window to
provide some protection; and 5) along the southern property line, a dense canopy of
evergreen trees are proposed to provide shade year round.
5.1.a
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I. The tentative tract map, including design and improvement, shall comply with all the
applicable provisions and requirements of the zoning ordinance, the latest municipal
stormwater permit issued to the city by the Regional Water Quality Control Board, this
title, any other ordinance of the city, and the Subdivision Map Act because: 1) the
project is compliant with the California Regional Water Quality Control Board San
Francisco Bay Region Municipal Regional Stormwater NPDES Permit ; 2) the project is
located within a quarter mile of a BART Station, is characterized as a non -auto-related
use, meets the minimum gross density requirements, and therefore is eligible for LID
treatment reduction credit as a special project under Provision C.3 of the MRP; 3) the
project would include bioretention areas and stormwater treatment vaul ts to ensure
consistency with regional C.3 stormwater treatment; 4) the project meets
hydromodification exempt requirements; and 5) the project would include full trash
capture devices to ensure consistency with regional C.10 stormwater treatment
requirements.
J. The vesting tentative map complies with the associated site development review
application.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin
hereby approves the Site Development Review Permit for the St. Patrick Way Residential
Project, subject to the conditions included below, and in accordance with the Project Plans,
incorporated herein by reference and attached as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin
hereby approves the Vesting Tentative Map for the St. Patrick Way Residential Project,
subject to the conditions included below, and in accordance with the Project Plans,
incorporated herein by reference and attached as Exhibit A to this Resolution.
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.
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
1. Approval. This Site Development Review and Tentative
Map 10809 approval is for the St. Patrick Way Residential
Project (PLPA-2017-00069). This approval shall be as
generally depicted and indicated on the project plans
prepared by KTGY and CBG dated received March 16,
2018, attached as Exhibit A, and other plans, text, and
diagrams relating to this Site Development Review, unless
modified by the Conditions of Approval contained herein.
PL On-going
2. Permit Expiration – Site Development Review.
Construction or use shall commence within one (1) year of
the effective date of this Permit or the Site Development
Review shall lapse and become null and void. If there is a
PL One year after
Effective Date
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
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. Permit Expiration – Tentative Map. Approval of the
Tentative Map shall be valid for 36 months from the
effective date as set forth in Section 9.08.130.A of the
Dublin Municipal Code.
PW 36 months after
Effective Date
4. Time Extension. The original approving decision-maker
may, upon the Applicant’s written request for an extension
of approval prior to expiration, upon the determination that
all Conditions of Approval remain 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. All time extension requests shall be noticed
and a public hearing shall be held before the original
hearing body.
PL One Year
Following
Expiration Date
5. Compliance. Developer shall comply with the Subdivision
Map Act, the City of Dublin Subdivision and Zoning
Ordinances, City of Dublin Title 7 Public Works Ordinance,
which includes the Grading Ordinance, the City of Dublin
Public Works Standards and Policies, the most current
requirements of the State Code Title 24 and the Americans
with Disabilities Act with regard to accessibility, and all
building and fire codes and ordinances in effect at the time
of building permit issuance. All public improvements
constructed by Developer and to be dedicated to the City
are hereby identified as “public works” under Labor Code
section 1771. Accordingly, Developer, in constructing such
improvements, shall comply with the Prevailing Wage Law
(Labor Code. Sects. 1720 and following).
PL, PW On-going
6. Effective Date. This Site Development Review approval
becomes effective after the Community Benefit Agreement
associated with the project is approved by the City Council.
If the Community Benefit Agreement is not approved, the
Site Development Review and Vesting Tentative Map
approvals shall become null and void.
PL Ongoing
7. Revocation of Permit. The Site Development Review
approval shall be revocable for cause in accordance with
Section 8.96.020.I of the Dublin Zoning Ordinance. Any
violation of the terms or conditions of this permit shall be
subject to citation.
PL On-going
8. Requirements and Standard Conditions. The Applicant/
Developer shall comply with applicable City 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
Various Building Permit
Issuance
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
related to this project, the Applicant/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.
9. Required Permits. The Applicant/Developer shall obtain
all permits required by other agencies which may include,
but are not limited to 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, as applicable. Copies of the
permits shall be provided to the Public Works Department.
PW Building Permit
Issuance
10. Fees. The Applicant/Developer shall pay all applicable fees
and receive all applicable fee credits in effect at the time of
building permit issuance, grading permit issuance and final
map approval, 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 or credit that may be
adopted and applicable, as provided by the Development
Agreement, if any. The Developer shall be eligible for
credits as stated in the Western Dublin Transportation
Impact Fee Update: Final Report (WDTIF), dated August
2016, for public right-of-way dedicated and improvements
constructed at St. Patrick Way. Amounts of credit shall be
consistent with areas dedicated and improvements
constructed, not to exceed the amount set forth in the
WDTIF.
Various Final Map
Approval,
Grading
Permit, and
Building Permit
Issuance
11. Indemnification. The Applicant/Developer shall defend,
indemnify, and hold harmless the City of Dublin and its
agents, officers, and employees from any claim, action, or
proceeding against the City of Dublin or its agents, officers,
or employees to attack, set aside, void, or annul an
approval of the City of Dublin or its advisory agency, appeal
board, Planning Commission, City Council, Community
Development Director, Zoning Administrator, or any other
department, committee, or agency of the City to the extent
such actions are brought within the time period required by
Government Code Section 66499.37 or other applicable
law; provided, however, that the Applicant’s/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.
ADM On-going
12. Clarification of Conditions. In the event that there needs
to be clarification to the Conditions of Approval, the Director
of Community Development 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
PL/PW On-going
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
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 of this project.
13. Clean-up. The Applicant/Developer shall be responsible
for clean-up and disposal of project related trash to
maintain a safe, clean, and litter-free site.
PL On-going
14. Modifications. Modifications or changes to this Site
Development Review approval may be considered by the
Community Development Director in compliance with
Chapter 8.104 of the Zoning Ordinance.
PL On-going
15. Controlling Activities. The Applicant/Developer shall
control all activities on the project site so as not to create a
nuisance to the existing or surrounding businesses and
residences.
PL On-going
16. Accessory Structures. The use of any accessory
structures, such as storage sheds or trailer/container units
used for storage or for any other purpose during
construction, shall not be allowed on the site at any time
unless a Temporary Use Permit is applied for and
approved.
PL Establishment of
the temporary
use
PLANNING DIVISION - PROJECT SPECIFIC CONDITIONS
17. Equipment Screening. All electrical, fire risers and/or
mechanical equipment shall be screened from public view.
Any roof-mounted equipment shall be completely screened
from view by materials architecturally compatible with the
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.
PL Building Permit
Issuance
And
On-going
18. Sound Attenuation. The project shall comply with the
sound attenuation measures recommended in the
Acoustical Assessment dated March 2018 prepared by
Kimley Horn and generally outlined as follows:
1) Sound wall. A 7-foot noise barrier is needed to
ensure that ground-floor exterior noise levels in
Courtyard C (closest to I-580)
2) Upgraded windows. Units along the western,
southern and eastern property line require thicker
glass windows (minimum Sound Transmission Class
of 36)
3) Balcony treatments. The first row of units that façade
the western, southern and eastern site perimeter
require incorporation of a noise attenuating balcony
or patio treatment (42” minimum height)
Refer to Acoustical Assessment for further details.
PL Building Permit
Issuance
19. Mitigation Monitoring Program. The Applicant/
Developer shall comply with the Downtown Dublin Specific
Plan Final Environmental Impact Report (EIR) certified by
City Council Resolution 08-11, including all mitigation
measures, action programs, and implementation measures
contained therein. The EIR is on file with the Community
Development Department.
PL Building Permit
Issuance
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
20. Public Art. The project is required to comply with Sections
8.58.05A and 8.58.05D of Chapter 8.58 (Public Art
Program) of the Dublin Municipal Code.
PL Building Permit
Issuance
21. Final building and site development plans shall be
reviewed and approved by the Community Development
Department staff prior to the issuance of a building permit.
All such plans shall insure:
a. That standard 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 exterior lighting of the building and site is not
directed onto adjacent properties and the light source is
shielded from direct offsite viewing.
d. That all mechanical equipment, including air
conditioning condensers, electrical and gas meters, are
architecturally screened from view, and that electrical
transformers are either underground or architecturally
screened.
e. That all vents, gutters, downspouts, flashings, etc., are
painted to match the color of adjacent surface.
f. 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.
g. That all exterior architectural elements 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.
h. 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.
PL Building Permit
Issuance
LANDSCAPING
22. Final Landscape and Irrigation Plans. Final landscape
plans, irrigation system plans, tree preservation techniques,
and guarantees, shall be reviewed and approved by the
Dublin Planning Division prior to the issuance of the
building permit. All such submittals shall be reviewed and
approved by the City Engineer and the Community
Development Director. Plans shall be generally consistent
with the Preliminary Landscape drawings included in the
Project Plan Set prepared by Fletcher Studio received by
PL Landscape plan
approval and
installation
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
the Planning Division on February 9, 2018, except as
modified by the Conditions listed below or as required by
the Community Development Director to address specific
site constraints or conditions. The Final Landscape Plans
shall insure:
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. That unless unusual circumstances prevail, all trees on
the site shall be a minimum of 15 gallons in size. All
trees that are on the exterior building perimeter shall be
24” box minimum, with at least 30% at 36” box or
greater. All shrubs shall be 5 gallon minimum.
d. That a plan for an automatic irrigation system be
provided which assures that all plants get adequate
water. In unusual circumstances, and if approved by
Staff, a manual or quick coupler system may be used.
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 conditions
detailed in the Site Development Review packet.
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.
23. Landscaping at Street/Drive Aisle Intersections.
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.
PL Ongoing
24. Plant Clearances. All trees planted shall meet the
following clearances:
a. 6’ from the face of building walls or roof eaves.
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.
PL Landscape plan
approval and
installation
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
25. Landscaping. Applicant/Developer shall construct all
landscaping within the site and along the project frontage.
PL, PW Landscape plan
approval and
installation
26. Backflow Prevention Devices. The Landscape Plan shall
show the location of all backflow prevention devises. The
location and screening of the backflow prevention devices
shall be reviewed and approved by City staff.
PL, PW, F Landscape plan
approval and
installation
27. Root Barriers and Tree Staking. The landscape plans
shall provide details showing root barriers and tree staking
will be installed which meet current City specifications.
PL, PW Landscape plan
approval and
installation
28. Water Efficient Landscaping Ordinance. The Applicant/
Developer shall submit written documentation to the Public
Works Department (in the form of a Landscape
Documentation Package and other required documents)
that the development conforms to the City’s Water Efficient
Landscaping Ordinance.
PL Landscape plan
approval and
installation
BUILDING & SAFETY DIVISION
29. Building Codes and Ordinances. All project construction
shall conform to all building codes and ordinances in effect
at the time of building permit.
B Through
Completion
30. Building Permits. To apply for building permits,
Applicant/Developer shall submit electronic plans and
specs and the number of hard copies as determined by the
Building Official for 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 be or have been complied with.
Construction plans will not be accepted without the
annotated resolutions attached to each set of plans.
Applicant/Developer will be responsible for obtaining the
approvals of all participating non-City agencies prior to the
issuance of building permits.
B Building Permit
Issuance
31. Construction Drawings. Construction plans shall be fully
dimensioned (including building elevations) accurately
drawn (depicting all existing and proposed 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.
B Building Permit
Issuance
32. Foundation. Geotechnical Engineer for the soils report
shall review and approve the foundation design. A letter
shall be submitted to the Building Division on the approval.
A soils report is required.
B Building Permit
Issuance
33. Engineer Observation. The Engineer of record shall be
retained to provide observation services for all 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.
B Scheduling the
Final Frame
Inspection
34. Phased Occupancy Plan. If occupancy is requested to
occur in phases, then all physical improvements within each
phase shall be required to be completed prior to occupancy
B Occupancy of
any affected
building
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
of any unit 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 60 days prior to the request for any occupancy
the building. No individual space 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.
35. Air Conditioning Units. Air conditioning units and
ventilation ducts shall be screened from public view with
materials compatible to the main building. Units shall be
permanently installed on concrete pads or other non-
movable materials approved by the Chief Building Official
and Director of Community Development. Air conditioning
units shall be located in accordance with the PD text.
B Occupancy of
Unit
36. CAL Green Building Standards Code. The project shall
incorporate the requirements of the CAL Green Building
Standards Code. The project shall be provided with: a)
short term bicycle parking, and b) conduit installed from the
electrical supply panel to the roof for the installation of
future PV. The Green Building Plan shall be submitted to
the Chief Building Official for review.
B Permitting
37. Solar Zone – CA Energy Code. Show the location of the
Solar Zone on the site plan. Detail the orientation of the
Solar Zone. This information shall be shown in the master
plan check on the overall site plan. This condition of
approval will be waived if the project meets the exceptions
provided in the CA Energy Code.
B Through
Completion
38. Accessible units under CBC 11A
Project type requires a minimum of 10% of the units shall
meet the requirements of chapter 11A of the CBC. The ten
percent (10%) accessible units shall be constructed
concurrently with the project. Certificate of Occupancies
may be withheld by the Chief Building Official’s
determination at any time that the 10% requirements are
not being met.
B Building Permit/
Occupancy
39. Accessible Parking. The required number of parking
stalls, the design and location of the accessible parking
stalls shall be as required by the CA Building Code.
B Through
Completion
40. Addressing
(a) Address signage shall be provided as per the Dublin
Commercial Security Code, Section 7.32.280 as applicable
to multifamily buildings and parking structures. (Prior to
Occupancy of any Unit)
(b) Exterior address numbers shall be backlight and be
posted in such a way that they may be seen from the street.
B Prior to
Occupancy
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
(Prior to permit issuance, and through completion)
(c) Address will be required on all doors leading to the
exterior of the building. Addresses shall be illuminated and
be able to be seen from the street, 4 inches in height
minimum.
41. Accessory Structures. Separate building permits are
required for all associated exterior amenities/structures and
some of those are required to meet the accessibility and
building codes. Examples of amenities include: swimming
pools/spas, shade structures, fire pits, retaining walls, water
features, exterior fixed seating, BBQs, etc. Provide a list of
these structures requiring separate permits on the cover
sheet of plans.
B Building Permit
42. Temporary Fencing. Temporary Construction fencing
shall be installed along the perimeter of all work under
construction.
B Through
Completion
43. Copies of Approved Plans. Applicant shall provide City
with 2 reduced (1/2 size) copies of the City of Dublin
stamped approved plan.
B 30 days after
permit & each
revision
issuance
FIRE DEPARTMENT
44. No fire service lines shall pass beneath buildings. F Approval of
Improvement
Plans
45. New Fire Sprinkler System & Monitoring Requirements
In accordance with The Dublin Fire Code, fire sprinklers
shall be installed in the building. The system shall be in
accordance with the NFPA 13, the CA Fire Code and CA
Building Code. Plans and specifications showing detailed
mechanical design, cut sheets, listing sheets and hydraulic
calculations shall be submitted to the Fire Department for
approval and permit prior to installation. This may be a
deferred submittal.
a) Sprinkler Plans. (Deferred Submittal Item). Submit
detailed mechanical drawings of all sprinkler
modifications, including cut sheets, listing sheets and
calculations to the Fire Department for approval and
permit prior to installation.
b) All sprinkler system components shall remain in
compliance with the applicable N.F.P.A. 13 Standard,
the CA Fire Code and the CA Building Code.
c) Underground Plans. (Deferred Submittal Item).
Submit detailed shop drawings for the fire water supply
system, including cut sheets, listing sheets and
calculations to the Fire Department for approval and
permit prior to installation. All underground and fire
water supply system components shall be in
compliance with the applicable N.F.P.A. 13, 24, 20, 22
Standards, the CA Fire Code and the CA Building
Code. The system shall be hydrostatically tested and
inspected prior to being covered. Prior to the system
being connected to any fire protection system, a system
flush shall be witnessed by the Fire Department.
d) Central Station Monitoring. Automatic fire
extinguishing systems installed within buildings shall
F Building Permit
Issuance
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
have all control valves and flow devices electrically
supervised and maintained by an approved central
alarm station. Zoning and annunciation of central
station alarm signals shall be submitted to the Fire
Department for approval.
e) Fire Protection Equipment shall be identified with
approved signs constructed of durable materials,
permanently installed and readily visible.
46. b Fire Access During Construction.
a) Fire Access. Access roads, turnaround, pullouts, and
fire operation areas are fire lanes and shall be
maintained clear and free of obstructions, including the
parking of vehicles.
b) Entrances. Entrances to job sites shall not be blocked,
including after hours, other than by approved
gates/barriers that provide for emergency access.
c) Site Utilities. Site utilities that would require the
access road to be dug up or made impassible shall be
installed prior to construction commencing.
d) Entrance flare, angle of departure, width, turning radii,
grades, turnaround, vertical clearances, road surface,
bridges/crossings, gates/key-switch, within a 150-foot
distance to Fire Lane shall be maintained.
e) Personnel Access. Route width, slope, surface and
obstructions must be considered for the approved
route to furthermost portion of the exterior wall.
f) All-weather access. Fire access is required to be all-
weather access. Show on the plans the location of the
all-weather access and a description of the
construction. Access roads must be designed to
support the imposed loads of fire apparatus.
F During
Construction
47. Fire Alarm (detection) System Required
A Fire Alarm-Detection System shall be installed throughout
the building so as to provide full property protection,
including combustible concealed spaces, as required by
NFPA 72. The system shall be installed in accordance with
NFPA 72, CA Fire, Building, Electrical, and Mechanical
Codes.
If the system is intended to serve as an evacuation system,
compliance with the horn/strobe requirements for the entire
building must also be met. All automatic fire extinguishing
systems shall be interconnected to the fire alarm system so
as to activate an alarm if activated and to monitor control
valves. Delayed egress locks shall meet requirements of
C.F.C.
a) Fire Alarm Plans. (Deferred Submittal Item). Submit
detailed drawings of the fire alarm system, including
floor plan showing all rooms, device locations, ceiling
height and construction, cut sheets, listing sheets and
battery and voltage drop calculations to the Fire
Department for review and permit prior to the
installation. Where employee work area’s have audible
F Occupancy
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
alarm coverage, circuits shall be initially designed with
a minimum 20% spare capacity for adding appliances
to accommodate hearing impaired employee’s.
b) Central Station Monitored Account. Automatic fire
alarm systems shall be monitored by an approved
central alarm station. Zoning and annunciation of
central station alarm signals shall be approved by the
Fire Department.
c) Qualified Personnel. The system shall be installed,
inspected, tested, and maintained in accordance with
the provisions of NFPA 72. Only qualified and
experienced persons shall perform this work.
Examples of qualified individuals are those who have
been factory trained and certified or are NICET Fire
Alarm Certified.
d) Inspection & Testing Documentation. Performance
testing of all initiating & notification devices in the
presence of the Fire Inspector shall occur prior to final
of the system. Upon this inspection, proof that the
specific account is UL Certificated must be provided to
the Fire Inspector.
48. Fire Extinguishers.
Extinguishers shall be visible and unobstructed. Signage
shall be provided to indicate fire extinguisher locations. The
number and location of extinguishers shall be shown on the
plans. Additional fire extinguishers maybe required by the
fire inspector.
Fire extinguisher shall meet a minimum classification of 2A
10BC. Extinguishers weighing 40 pounds or less shall be
mounted no higher than 5 feet above the floor measured to
the top of the extinguisher. Extinguishers shall be inspected
monthly and serviced by a licensed concern annually.
F Occupancy
49. FD Building Key Box. Building Access. A Fire
Department Key Box shall be installed at the main entrance
to the Building. Note these locations on the plans. The key
box should be installed approximately 5 1/2 feet above
grade. The box shall be sized to hold the master key to the
facility as well as keys for rooms not accessible by the
master key. Specialty keys, such as the fire alarm control
box key and elevator control keys shall also be installed in
the box.
The key box door and necessary keys are to be provided to
the fire inspector upon the final inspection. The inspector
will then lock the keys into the box.
F Occupancy
50. Means of Egress.
Exit signs shall be visible and illuminated with emergency
lighting when building is occupied.
F Occupancy
51. Main Entrance Hardware Exception.
It is recommended that all doors be provided with exit
hardware that allows exiting from the egress side even
when the door is in the locked condition. However, an
exception for A-3, B, F, M, S occupancies and all churches
F Occupancy
5.1.a
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
does allow key-locking hardware (no thumb-turns) on the
main exit when the main exit consists of a single door or
pair of doors. When unlocked the single door or both leaves
of a pair of doors must be free to swing without operation of
any latching device. A readily visible, durable sign on or just
above the door stating “This door to remain unlocked
whenever the building is occupied” shall be provided.
The sign shall be in letters not less than 1 inch high on a
contrasting background. This use of this exception may be
revoked for cause.
52. Maximum Occupant Load. Posting of room capacity is
required for any occupant load of 50 or more persons.
Submittal of a seating plan on 8.5” x 11” paper is required
prior to final occupancy.
F Occupancy
53. Interior Finish. Wall and ceiling interior finish material shall
meet the requirements of Chapter 8 of the California Fire
Code. Interior finishes will be field verified upon final
inspection. If the product is not field marked and the
marking visible for inspection, maintain the products cut-
sheets and packaging that show proof of the products
flammability and flame-spread ratings. Decorative
materials shall be fire retardant.
F Occupancy
54. General Inspection. Upon inspection of the work for which
this submittal was provided, a general inspection of the
business and site will be conducted.
F Occupancy
55. Addressing. Addressing shall be illuminated or in an
illuminated area. The address characters shall be
contrasting to their background. If address is placed on
glass, the numbers shall be on the exterior of the glass and
a contrasting background placed behind the numbers.
Building Address. The building shall be provided with all
addresses or the assigned address range so as to be
clearly visible from either direction of travel on the street the
address references. The address characters shall not be
less than 5 inches in height by 1-inch stroke. Larger sizes
may be necessary depending on the setbacks and visibility.
Multi-Tenants. Where a building has multiple tenants,
address shall also be provided near the main entrance door
of each tenant space. The address shall be high enough on
the building to be clearly visible from the driveway, street or
parking area it faces even when vehicles are parked in front
of the tenant space. The address shall not be less than 5-
inches in height with a ½-inch stroke.
F Occupancy of
any building
56. FIRE SAFETY DURING CONSTRUCTION AND
DEMOLITION
a) Clearance to combustibles from temporary heating
devices shall be maintained. Devices shall be fixed in
place and protected from damage, dislodgement or
overturning in accordance with the manufacturer’s
instructions.
b) Smoking shall be prohibited except in approved areas.
Signs shall be posted “NO SMOKING” in a conspicuous
location in each structure or location in which smoking is
prohibited.
F Ongoing during
construction and
demolition
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
c) Combustible debris, rubbish and waste material shall be
removed from buildings at the end of each shift of work.
Flammable and combustible liquid storage areas shall be
maintained clear of combustible vegetation and waste
materials.
57. An Emergency Responder Radio Coverage system shall be
installed. The system shall comply with all City, Fire and
Building Codes. The system must be compliant with the
radio systems used by Dublin Police and Fire services.
F Occupancy
58. An Emergency Vehicle Access Easement shall be deeded
between the Connolly Station private street and the
proposed emergency vehicle access for this project.
F Approval of
improvement
plans.
59. The project will be required to comply with all Building and
Fire Code requirements in effect at time of permit
application
F Building Permit
issuance.
60. Fire access road designs and gates shall meet fire code
requirements
F Approval of
Improvement
Plans
61. Additional fire hydrants shall be installed to ensure
compliance with fire code requirements.
F Approval of
Utility Plans
DUBLIN SAN RAMOM SERVICES DISTRICT
62. d Complete improvement plans shall be submitted to DSRSD
that conform to the requirements of the Dublin San Ramon
Services District Code, the DSRSD “Standard Procedures,
Specifications and Drawings for Design and Installation of
Water and Wastewater Facilities”, all applicable DSRSD
Master Plans and all DSRSD policies.
DSRSD Issuance of
Building Permits
63. Planning and review fees, inspection fees, and fees
associated with a wastewater discharge permit shall be
paid to DSRSD in accordance with the rates and schedules
and at time of payment as established in the DSRSD Code.
Planning and review fees are due after the 1st submittal of
plans. Construction Permit and Inspection Fees are due
prior to the issuance of a Construction Permit. Capacity
Reserve Fees are due before the water meter can be set or
the connection to the sewer system.
DSRSD Issuance of
Building Permit
or Improvement
Plans
64. For Construction of DSRSD Facilities: Prior to, all
improvement plans for DSRSD facilities shall be signed by
the District Engineer. Each drawing of improvement plans
for DSRSD facilities shall contain a signature block for the
District Engineer indicating approval of the sanitary sewer
and/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
faithful performance 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.
DSRSD Issuance of any
building permit
by the City; or
any Building
Permit or
Construction
Permit by the
DSRSD
65. All easement dedications for DSRSD facilities shall be by
separate instrument irrevocably offered to DSRSD or by
offer of dedication on the Final Map. Prior to approval by
the City for Recordation, the Final Map shall be submitted
DSRSD Approval of Final
Map
5.1.a
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
to and approved by DSRSD for easement locations, widths,
and restrictions.
66. The Developer will be required to enter into a Planning
Services Agreement with DSRSD to conduct a Water and
Sewer Services Analysis to adequately size the water and
sewer facilities for the project.
DSRSD Approval of
Improvement
Plans
67. Where the narrow width of a proposed alley or cul-de-sac is
so restrictive that the standard separation requirements for
water mains and sewer mains cannot be maintained, the
water and sewer mains shall be installed within main
thoroughfares, outside of alleyways or cui-de-sacs. Water
and sewer mains may not be installed within courtyards.
Water meters shall be installed around the outer perimeter
of buildings. Installation of water lines from the meter to
each unit shall be documented and submitted to the District.
DSRSD Issuance of
Improvement
Plans
68. All mains shall be sized to provide sufficient capacity to
accommodate future flow demands in addition to each
development project’s demand. Layout and sizing of mains
shall be in conformance with DSRSD utility master
planning.
DSRSD Issuance of
Improvement
Plans
69. The locations and widths of all proposed easement
dedications for water and sewer lines shall be submitted to
and approved by DSRSD.
DSRSD Issuance of
Improvement
Plans
70. Water and sewer mains shall be located in public streets
rather than in offstreet locations to the fullest extent
possible. If unavoidable, then sewer or water easements
must be established over the alignment of each sewer or
water main in an off-street or private street location to
provide access for future maintenance and/or replacement.
DSRSD Issuance of
Improvement
Plans
71. Domestic and fire protection waterline systems for Tracts or
Commercial Developments shall be designed to be looped
or interconnected to avoid dead end sections in accordance
with requirements of the DSRSD Standard Specifications
and sound engineering practice.
DSRSD Issuance of
Improvement
Plans
72. Sewers shall be designed to operate by gravity flow to
DSRSD’s existing sanitary sewer system. Pumping of
sewage is discouraged and may only be allowed under
extreme circumstances following a case by case review
with DSRSD staff. Any pumping station will require specific
review and approval by DSRSD of preliminary design
reports, design criteria, and final plans and specifications.
The DSRSD reserves the right to require payment of
present worth 20 year maintenance costs as well as other
conditions within a separate agreement with the applicant
for any project that requires a pumping station.
DSRSD Issuance of
Improvement
Plans
73. This project includes mixed use and/or multi-family
residential units and is subject to the requirement of SB 7
(2016, Walk) as a condition of water service. Each
individual residential unit shall be metered or submetered to
measure water used by each unit. Water meters for each
unit shall be shown on improvement plans. Exemptions
may be made only for exempted uses listed in the
legislation. If submetering is proposed in lieu or individual
meters, plans reflecting the submeters and associated
Issuance of
Improvement
Plans
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
residential unit shall be submitted.
DSRSD may not approve applications and issue
construction permits without
this submittal.
74. The District employs Advanced Metering Infrastructure
(AMI), a fixed water meter reading system. The system
uses radio communication between the individual water
meter boxes or vaults and Tower Gateway Base Stations
(TGBs) to transmit data on water consumption and meter
readings. Due to the high density and tall profile of the
buildings in this project, the buildings themselves may
hinder effective communication between the individual
meter boxes and the TGBs. Applicant shall fund an AMI
Propagation Study provided
by the District to determine if supplementary AMI
communication equipment is required. If required, the
supplementary equipment will be provided by the
developer, and the location and appearance of the
equipment must be approved by both the City of Dublin and
the District.
DSRSD Approval of
Improvement
Plans
75. This project will be analyzed by DSRSD to determine if it
represents additional water and/or sewer capacity demands
on the District. Applicant will be required to pay all
incremental capacity reserve fees for water and sewer
services as required by the project demands. All capacity
reserve fees must be paid prior to installation of a water
meter for water. If a water meter is not required, the
capacity reserve fee shall be paid prior to issuance of a
building permit. The District may not approve the building
permit until capacity reserve fees are paid.
DSRSD Issuance of
Building Permit
76. No sewer line or waterline construction shall be permitted
unless the proper utility construction permit has been
issued by DSRSD. A construction permit will only be
issued after all of the items in the condition immediately
above have been satisfied.
DSRSD Any construction
permit
77. Above ground backflow prevention devices/double detector
check valves shall be installed on fire protection systems
connected to the DSRSD water main. The applicant shall
collaborate with the Fire Department and with DSRSD to
size and configure its fire system.
DSRSD Issuance of
Improvement
Plans
78. Development plans will not be approved until landscape
plans are submitted and approved.
DSRSD Approval of
Landscape
Plans
79. During construction of the sewer main in the entry drive
easement applicant shall ensure uninterrupted service of
the wastewater collection systems of the occupied parcels:
Libby Parcel 2, PM 1920, Chin Parcel A 101 PM 47, Chin
Parcel B 101 PM 47 and Green Bear, LP Parcel 2, 286 PM
5 to the west of the site. Applicant shall coordinate
maintenance of service with District staff.
DSRSD Issuance of
Improvement
Plans
80. Prior to issuance of a District Facilities Construction Permit,
Applicant shall provide easement(s) from BART that meet
the District requirements and connect seamlessly to (1) the
easement for the water main in West Street; and (2) the
DSRSD Issuance of
Improvement
Plans
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
easement for the sewer main in South Street, to provide for
the connection to the existing water and sewer mains.
81. Applicant must ensure that installation of new sanitary
sewer mains does not adversely affect the operation of
existing sanitary sewer mains and manholes in the vicinity
of the project; particularly the existing sanitary sewer main
north of the project site.
DSRSD Issuance of
Improvement
Plans
PUBLIC WORKS GENERAL CONDITIONS
82. Conditions of Approval. Developer shall comply with the
City of Dublin Public Works Standard Conditions of
Approval contained below (“Standard Condition”) unless
specifically modified by Project Specific Conditions of
Approval below.
PW On-going
83. Compliance. Developer shall comply with the Subdivision
Map Act, the City of Dublin Subdivision and Zoning
Ordinances, City of Dublin Title 7 Public Works Ordinance,
which includes the Grading Ordinance, the City of Dublin
Public Works Standards and Policies, the most current
requirements of the State Code Title 24 and the Americans
with Disabilities Act with regard to accessibility, and all
building and fire codes and ordinances in effect at the time
of building permit. All public improvements constructed by
Developer and to be dedicated to the City are hereby
identified as “public works” under Labor Code section 1771.
Accordingly, Developer, in constructing such improvements,
shall comply with the Prevailing Wage Law (Labor Code.
Sects. 1720 and following).
PW On-going
84. Clarifications and Changes to the Conditions. In the
event that there needs to be clarification to these Conditions
of Approval, the City Engineer has the authority to clarify the
intent of these Conditions of Approval to the Developer
without going to a public hearing. The City Engineer also
has the authority to make minor modifications to these
conditions without going to a public hearing in order for the
Developer to fulfill needed improvements or mitigations
resulting from impacts of this project.
PW On-going
85. Zone 7 Impervious Surface Fees. The Applicant shall
complete a “Zone 7 Impervious Surface Fee Application”
and submit an accompanying exhibit for review by the
Public Works Department. Fees generated by this
application will be due at issuance of Building Permit.
PW
Grading Permit
or Building
Permit Issuance
PUBLIC WORKS – AGREEMENTS AND BONDS
86. Tract Improvement Agreement. Developer shall enter
into an Improvement Agreement with the City for all public
improvements including any required offsite storm drainage
or roadway improvements that are needed to serve the
development, as determined by the City Engineer.
PW
Final Map
Approval or
Grading Permit
Issuance
87. Security. Developer shall provide faithful performance
security to guarantee the improvements, as determined by
the City Engineer (Note: The performance security shall
remain in effect until one year after final inspection).
PW
Final Map
Approval or
Grading Permit
Issuance
88. Storm Water Treatment Measures Maintenance
Agreement. Developer shall enter into an Agreement with
the City of Dublin that guarantees the property owner’s
PW Final Map
Approval
5.1.a
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
perpetual maintenance obligation for all stormwater
treatment measures installed as part of the project,
including those on-site and within the public Right of Way
along St. Patrick Way. Said Agreement is required
pursuant to Provision C.3 of the Municipal Regional
Stormwater NPDES Permit, Order No. R2-2009-0074. Said
permit requires the City to provide verification and
assurance that all treatment devices will be properly
operated and maintained. The Agreement shall be recorded
against the property and shall run with the land.
PUBLIC WORKS – PERMITS
89. Encroachment Permit. Developer shall obtain an
Encroachment Permit from the Public Works Department for
all construction activity within the public right-of-way of any
street where the City has accepted the street right of way.
The encroachment permit may require surety for slurry seal
and restriping. At the discretion of the City Engineer an
encroachment permit for work specifically included in an
Improvement Agreement may not be required.
PW Start of Work
90. Grading Permit. Developer shall obtain a Grading Permit
from the Public Works Department for all grading. PW Start of Work
PUBLIC WORKS - SUBMITTALS
91. All submittals of plans shall comply with the requirements of
the “City of Dublin Public Works Department Improvement
Plan Submittal Requirements”, the “City of Dublin
Improvement Plan Review Check List,” and current Public
Works and industry standards. A complete submittal of
improvement plans shall include all civil improvements, joint
trench, street lighting and on-site safety lighting, landscape
plans, and all associated documents as required. The
Developer shall not piecemeal the submittal by submitting
various components separately.
PW Improvement
Plan Approval
92. Developer will be responsible for submittals and reviews to
obtain the approvals of all participating non-City agencies.
The Alameda County Fire Department and the Dublin San
Ramon Services District shall approve and sign the
Improvement Plans.
PW Improvement
Plan Approval
93. Covenants, Conditions and Restrictions (CC&Rs). A
Homeowners Association shall be formed by recordation of
a declaration of Covenants, Conditions, and Restrictions to
govern use and maintenance of the landscape features,
decorative pavement and other features within the public
right of way contained in the Agreement for Long Term
Encroachments; all open space and common area
landscaping; and all stormwater treatment measures. Said
declaration shall set forth the Association name, bylaws,
rules and regulations. The CC&Rs shall also contain a
provision that prohibits the amendment of those provisions
of the CC&Rs requested by City without the City’s approval.
The CC&Rs shall ensure that there is adequate provision
for the maintenance, in good repair and on a regular basis,
of all private streets, landscaping & irrigation; decorative
pavements; fences/gates; walls; drainage and stormwater
treatment facilities; lighting; signs and other related
PL, PW Final Map
Approval
5.1.a
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
improvements. The CC&Rs shall also contain all other items
required by these conditions. The Developer shall submit a
copy of the CC&Rs document to the City for review.
94. Composite Exhibit. Construction plan set shall include a
Composite Exhibit showing all site improvements, utilities,
landscaping improvements and trees, etc. to be constructed
to ensure that there are no conflicts among the proposed
and existing improvements.
PW Improvement
Plan Approval
95. Geotechnical Report. Developer shall submit a Design
Level Geotechnical Report, which includes street pavement
sections and grading recommendations.
PW
Approval of
Improvement
Plans, and
Grading Plans
96. Ownership and Maintenance of Improvements.
Applicant shall submit an Ownership and Maintenance
Exhibit for review and approval by Planning Division and
Public Works Department. Maintenance shall include but
not be limited to, street cleaning of parking areas within
Campbell Lane along project frontage. Terms of
maintenance are subject to review and approval by the City
Engineer.
PL, PW
Final Map
Approval or
Grading Permit
Issuance
97. Building Pads, Slopes and Walls. Developer shall
provide the Public Works Department with a letter from a
registered civil engineer or surveyor stating that the building
pads have been graded to within 0.1 feet of the grades
shown on the approved Grading Plans, and that the top &
toe of banks and retaining walls are at the locations shown
on the approved Grading Plans.
PW Acceptance of
Improvements
98. Approved Plan Files. Developer shall provide the Public
Works Department a PDF format file of approved site plans,
including grading, improvement, landscaping & irrigation,
joint trench and lighting.
PW Improvement
Plan Approval
99. Master Files. Developer shall provide the Public Works
Department a digital vectorized file of the “master” files for
the project, in a format acceptable to the City Engineer.
Digital raster copies are not acceptable. The digital
vectorized files shall be in AutoCAD 14 or higher drawing
format. All objects and entities in layers shall be colored by
layer and named in English. All submitted drawings shall
use the Global Coordinate System of USA, California, NAD
83 California State Plane, Zone III, and U.S. foot.
PW Acceptance of
Improvements
PUBLIC WORKS - EASEMENTS AND ACCESS RIGHTS
100. Abandonment of Easements. Developer shall obtain
abandonment from all applicable public agencies of existing
easements and rights of way within the development that
will no longer be used.
PW
Final Map or
Improvement
Plan Approval
101. Acquisition of Easements. Developer shall acquire
easements, and/or obtain rights-of-entry from the adjacent
property owners for any improvements not located on their
property. The easements and/or rights-of-entry shall be in
writing and copies furnished to the Public Works
Department.
PW
Final Map or
Improvement
Plan Approval
102. Private Street Easements. Public Utility Easements (PUE),
Sanitary Sewer Easements (SSE) and Water Line
Easements (WLE) shall be established over all private
PW
Final Map and
Improvement
Plan Approval
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
streets within the subdivision. The PUE, SSE and WLE
dedication statements on the Final Map are to recite that the
easements are available for, but not limited to, the
installation, access and maintenance of sanitary and storm
sewers, water, electrical and communication facilities.
Project entry monument signs and walls shall not be located
within these easements.
103. Emergency Vehicle Access Easements. The Developer
shall dedicate Emergency Vehicle Access Easements
(EVAE) over the clear pavement width of all private streets.
Easement geometry shall be subject to the approval of the
City Engineer and Fire Marshall.
PW Final Map
PUBLIC WORKS - GRADING
104. Grading Plan. The Grading Plan shall be in conformance
with the recommendation of the Geotechnical Report, the
approved Tentative Map and Site Development Review,
and the City design standards & ordinances. In case of
conflict between the soil engineer’s recommendation and
the City ordinances, the City Engineer shall determine
which shall apply.
PW Approval of
Grading Plans
105. Erosion Control Plan. A detailed Erosion and Sediment
Control Plan shall be included with the Grading Plan
submittal. The plan shall include detailed design, location,
and maintenance criteria of all erosion and sedimentation
control measures.
PW Grading Plan
Approval
106. Retaining Walls. Tiebacks or structural fabric for retaining
walls shall not cross property lines, or shall be located a
minimum of 2’ below the finished grade of the upper lot.
PW Grading Plan
Approval
PUBLIC WORKS - IMPROVEMENTS
107. Public Improvements. The public improvements shall be
constructed generally as shown on the Vesting Tentative
Map and Site Development Review. However, the approval
of the Tentative Map and Site Development Review is not
an approval of the specific design of the drainage, sanitary
sewer, water, traffic circulation, parking, stormwater
treatment, sidewalks and street improvements.
PW Improvement
Plan Approval
108. Public Improvement Conformance. All public
improvements shall conform to the City of Dublin Standard
Plans, current practices, and design requirements and as
approved by the City Engineer.
PW Improvement
Plan Approval
109. Public Street Slopes. Public streets shall be a minimum
1% slope with minimum gutter flow of 0.7% around
bumpouts. Private streets and alleys shall be a minimum
0.5% slope.
PW Improvement
Plan Approval
110. Curb Returns. Curb Returns on arterial and collector
streets shall be 40-foot radius, all internal public streets curb
returns shall be minimum 30-foot radius (36-foot with bump
outs) and private streets/alleys shall be a minimum 20-foot
radius, or as approved by the City Engineer. Curb ramp
locations and design shall conform to the most current Title
24 and Americans with Disabilities Act requirements and as
approved by the Public Works Traffic Engineer.
PW Improvement
Plan Approval
111. Decorative Pavement. Any decorative pavers/paving
installed within City right-of -way shall be done to the PW Improvement
Plan Approval
5.1.a
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
satisfaction of the City Engineer. Where decorative paving
is installed at signalized intersections, pre-formed traffic
signal loops shall be put under the decorative pavement.
Decorative pavements shall not interfere with the placement
of traffic control devices, including pavement markings. All
turn lane stripes, stop bars and crosswalks shall be
delineated with concrete bands or color pavers to the
satisfaction of the City Engineer. Maintenance costs of the
decorative paving shall be the responsibility of the
developer or future property owner.
112. Private Streets. The Developer shall establish private
street access rights and install complete street
improvements for the proposed private streets and alley
ways within the development as shown on the Vesting
Tentative Map.
PW Improvement
Plan Approval
113. Monuments. Final Maps shall include private street
monuments to be set in all private streets. Private street
monuments shall be set at all intersections and as
determined by the City Engineer.
PW Final Map
114. Private street and common area subdivision
improvements. Common area improvements, private
streets, private alleys and all other subdivision
improvements owned or maintained by the homeowners’
owners association/property manager are subject to review
and approval by the City Engineer prior to Final Map
approval and shall be included in the Tract Improvement
Agreement. Such improvements include, but are not limited
to: curb & gutter, pavement areas, sidewalks, access
ramps, driveways, parking and circulation in and at
structures; enhanced street paving; parking spaces; street
lights (wired underground) and appurtenances; drainage
facilities; utilities; landscape and irrigation facilities; open
space landscaping; stormwater treatment facilities; striping
and signage; and fire hydrants.
PW Improvement
Plan Approval
115. Traffic Signing and Striping. Developer shall install all
traffic signage, striping, and pavement markings as required
by the Public Works Department. PW
Certificate of
Occupancy or
Acceptance of
Improvements
116. Street Lighting. Street light standards and luminaries shall
be designed and installed or relocated as determined by the
City Engineer. The maximum voltage drop for streetlights is
5%.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
117. Water and Sewer Facilities. Developer shall construct all
potable and recycled water and sanitary sewer facilities
required to serve the project in accordance with DSRSD
master plans, standards, specifications and requirements.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
118. Fire Hydrants. Fire hydrant locations shall be approved by
the Alameda County Fire Department. A raised reflector
blue traffic marker shall be installed in the street opposite
each hydrant.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
119. Storm Drain Inlet Markers. All on-site storm drain inlets
must be marked with storm drain markers that read: “No
dumping, drains to creek.” The stencils may be purchased
from the Public Work Department.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
5.1.a
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
120. Utilities. Developer shall construct gas, electric, telephone,
cable TV, and communication improvements within the
fronting streets and as necessary to serve the project and
the future adjacent parcels as approved by the City
Engineer and the various Public Utility agencies.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
121. Utility Locations. All electric, telephone, cable TV, and
communications utilities, shall be placed underground in
accordance with the City policies and ordinances. All utilities
shall be located and provided within public utility easements
or public services easements and sized to meet utility
company standards.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
122. Utility Vaults and Boxes. All utility vaults, boxes, and
structures, unless specifically approved otherwise by the
City Engineer, shall be underground and placed in
landscaped areas and screened from public view. Prior to
Joint Trench Plan approval, landscape drawings shall be
submitted to the City showing the location of all utility vaults,
boxes, and structures and adjacent landscape features and
plantings. The Joint Trench Plans shall be signed by the
City Engineer prior to construction of the joint trench
improvements.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
123. Street Signs. Developer shall furnish and install street
name signs, traffic signs and markings for the project as
required by the City Engineer. PW
Certificate of
Occupancy or
Acceptance of
Improvements
PUBLIC WORKS - CONSTRUCTION
124. Erosion Control Implementation. The Erosion and
Sediment Control Plan shall be implemented between
October 1st and April 30th unless otherwise allowed in
writing by the City Engineer. The Developer will be
responsible for maintaining erosion and sediment control
measures for one year following the City’s acceptance of
the improvements.
PW On-going as
needed
125. Archaeological Finds. If archaeological materials are
encountered during construction, construction within 100
feet of these materials shall be halted until a professional
Archaeologist who is certified by the Society of California
Archaeology (SCA) or the Society of Professional
Archaeology (SOPA) has had an opportunity to evaluate the
significance of the find and suggest appropriate mitigation
measures.
PW On-going as
needed
126. Construction Activities. Construction activities, including
the idling, maintenance, and warming up of equipment,
shall be limited to Monday through Friday, and non-City
holidays, between the hours of 7:30 a.m. and 5:30 p.m.
except as otherwise approved by the City Engineer.
Extended hours or Saturday work will be considered by the
City Engineer on a case-by-case basis. Note that the
construction hours of operation within the public right of way
are more restrictive.
PW On-going as
needed
127. Temporary Fencing. Temporary Construction fencing
shall be installed along the perimeter of all work under
construction to separate the construction operation from the
public. All construction activities shall be confined within the
PW
Start of
Construction
and On-going
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
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.
128. Construction Noise Management Plan. Developer shall
prepare a construction noise management plan that
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 provided prior to project
construction.
PW
Start of
Construction
Implementation,
and On-going as
needed
129. Traffic Control Plan. Closing of any existing pedestrian
pathway and/or sidewalk during construction shall be
implemented through a City approved Traffic Control Plan
and shall be done with the goal of minimizing the impact on
pedestrian circulation.
PW
Start of
Construction
and On-going as
needed
130. Construction Traffic Interface Plan. Developer shall
prepare a plan for construction traffic interface with public
traffic on any existing public street. Construction traffic and
parking may be subject to specific requirements by the City
Engineer.
PW
Start of
Construction;
Implementation,
and On-going as
needed
131. Pest Control. Developer shall be responsible for
controlling any rodent, mosquito, or other pest problem due
to construction activities.
PW On-going
132.
Dust Control Measures. Developer shall be responsible
for watering or other dust-palliative measures to control dust
as conditions warrant or as directed by the City Engineer.
PW
Start of
Construction;
Implementation
On-going as
needed
133. Construction Traffic and Parking. All construction related
parking shall be off street in an area provided by the
Developer. Construction traffic and parking shall be
provided in a manner approved by the City Engineer to
minimize impact on BART patrons.
PW On-going
PUBLIC WORKS - NPDES
134. Stormwater Treatment. The project qualifies as a
Category C Special Project – Transit-Oriented Development
as defined in the NPDES Municipal Regional Permit (MRP).
Planting within all bioretention areas or similar LID
landscape-based stormwater treatment measures shall
adhere to the guidelines summarized in the most current
version of Appendix B to the C.3 Stormwater Technical
Guidance Handbook published by the Alameda County
Clean Water Program.
PW
Building Permit
Issuance and
Grading Permit
Issuance
135. Media Filters. All media filters used for stormwater
treatment shall have been certified under the Washington
State Department of Ecology Technical Assessment
Protocol – Ecology (TAPE) General Use Level Designation
(GULD) for Basic Treatment. All media f ilters shall be
hydraulically sized based on the criteria specified in the
Municipal Regional Permit Provision C.3.d and the design
operation rate for which the product received TAPE GULD
PW
Building Permit
Issuance and
Grading Permit
Issuance
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
certification for Basic Treatment.
136. NOI and SWPPP. Prior to any clearing or grading,
Developer shall provide the City evidence that a Notice of
Intent (NOI) has been sent to the California State Water
Resources Control Board per the requirements of the
NPDES. A copy of the Storm Water Pollution Prevention
Plan (SWPPP) shall be provided to the Public Works
Department and be kept at the construction site.
PW
Start of Any
Construction
Activities
137. SWPPP. The Storm Water Pollution Prevention Plan
(SWPPP) shall identify the Best Management Practices
(BMPs) appropriate to the project construction activities.
The SWPPP shall include the erosion and sediment control
measures in accordance with the regulations outlined in the
most current version of the ABAG Erosion and Sediment
Control Handbook or State Construction Best Management
Practices Handbook. The Developer is responsible for
ensuring that all contractors implement all storm water
pollution prevention measures in the SWPPP.
PW
SWPPP to be
Prepared Prior
to Approval of
Improvement
Plans;
Implementation
Prior to Start of
Construction
and On-going as
needed
138. Stormwater Management Plan. Construction Plans shall
include a Stormwater Management Plan subject to review
and approval of the City Engineer. PW
Approval of
Improvement
Plans and
Building Permit
Issuance
139. Trash Capture. Specific information is required on the
construction plan set demonstrating how MRP Provision
C.10 (trash capture) requirements are met. Trash capture
devices to be used shall be listed and details shown on
plans.
PW
Approval of
Improvement
Plans and
Building Permit
Issuance
PUBLIC WORKS - SPECIAL CONDITIONS
140. Approval. The Vesting Tentative Map approval for Tract
8460, for Condominium Purposes, PLPA 2017-00069,
establishes the design concepts and expectations for the
Vesting Tentative Tract Map. The Vesting Tentative Tract
Map shall generally conform to the SDR and Tentative Map
plans submitted by CB&G Engineers, submitted March 5,
2018, on file with the Community Development Department,
and other plans, text, and diagrams relating to this Tentative
Tract Map, unless modified by the Conditions of Approval
contained herein.
PL, PW
On-going
141. Final Map Recordation. Tract Map 8460 shall record prior
to the issuance of a building permit.
PW Building Permit
Issuance
142. Wells or Exploratory Boring. Any water well, 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.
PW Through
Completion
143. Landscape Features within Public Right of Way.
• The Developer shall enter into an “Agreement for
Long Term Encroachments” with the City to allow
the Homeowner’s Association/Property Manager to
maintain the sidewalk, landscape and decorative
features within public Right of Way including
frontage landscaping and special features (i.e.,
PW Final Map
Approval
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
walls, portals, benches, stormwater treatment
facilities, etc.) as generally shown on the Site
Development Review/Vesting Tentative Map
package. The Agreement shall identify the
ownership of the special features and maintenance
responsibilities.
• If property owners adjacent to public Right of Way
along St. Patrick Way constructed with this project
enter into an “Agreement for Long Term
Encroachments” with the City to allow the
Homeowner’s Association/Property Managers to
maintain the portion of sidewalk, landscape and
decorative features within the public Right of Way
including frontage landscaping and special features
(i.e. walls, portals, benches, stormwater treatment
facilities, etc.) along their respective property
frontages, the Developer shall be released of the
maintenance responsibility of these specific areas,
but will remain responsible for these features within
the public Right of Way along their property
frontage.
144. Parking Structure.
• Parking Structure shall be landscaped per DMC
Section 8.76.070.A.18.
• Parking stall dimensions shall have a clear width of
9-feet to edge of columns.
• Parking stalls shall be a minimum of 9’ x 18’
• Parking structure access and gate shall be such to
provide a turnaround area for guests not able to
access the garage, and be designed to allow
residents to access the parking garage
independently from a guest waiting for access.
PW
Grading Permit
or Building
Permit Issuance
145. Utility Services to Adjacent Property to the West.
Existing utility main lines within “Entry Drive” are shown to
be removed and new main lines installed. The adjacent site
to the west is serviced off those main lines. The Developer
shall notify and coordinate with the adjacent property
owner(s) regarding any interruption in utility services. The
Developer shall submit to the City copies of notifications.
PW
Approval of
Improvement
Plans and
Ongoing
146. Landscaping on Adjacent Properties.
The Developer shall obtain written authorization to enter
and construct improvements on the adjacent properties as
shown on the SDR/VTM package. The Developer shall
submit a copy of the written authorization to the City.
• Landscaping on adjacent properties shall blend with
existing features/landscaping on those properties.
PW
Final Map and
Improvement
Plan Approval
147. Concrete Step-Out. There shall be an additional 6” wide
concrete step-out at landscaped areas adjacent to driver
side and passenger side of parking stalls on construction
plan set.
PW Improvement
Plan Approval
148. Decorative Pavement. Decorative pavement within the
public right-of-way is subject to the approval of the City
Engineer.
PW Improvement
Plans Approval
149. Storm Drain Access Easement. The Developer shall PW Final Map
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
dedicate a storm drain access easement over the proposed
EVAE at the east side of the project to allow the City to
access the existing storm drain facility located off-site to the
east of the project for maintenance purposes.
150. Easements. The Developer shall be responsible for
obtaining all dedications of easements on-site and off-site.
The applicant shall be responsible for preparation of all
required documentation for dedication of all easements on-
site and off-site.
PW
Improvement
Plan Approval
151. Construction on Adjacent Properties. The Developer
shall be responsible for obtaining written authorization for
right of entry and construction of improvements on adjacent
property sites. The Developer shall submit a copy of the
written authorization to the City
PW
Final Map or
Improvement
Plan Approval
152. St. Patrick Way.
• The Developer shall irrevocably dedicate public
right-of-way, subject to the terms of a Community
Benefit Agreement between the Developer and the
City, for the construction of St. Patrick Way public
right-of-way consistent with the alignment shown on
Sheet C3.0 of the Vesting Tentative Map.
• The Developer shall be responsible for and provide
all required documentation for the irrevocable
dedication of this public right-of-way both on-site and
off-site.
• Developer shall construct all improvements at St.
Patrick Way as shown on the Vesting Tentative Map
and in accordance with current Public Works
standards, which may include, but are not limited to:
installation of asphalt pavement, new or replacement
of existing concrete curb, gutter, and sidewalk;
planting of new street trees and any appurtenant
irrigation; relocation of existing utilities; placement of
all new utilities underground; installation of new
street lights; installation of new or modification of
existing storm drainage facilities and stormwater
treatment facilities. The lane configuration striping
shall be as generally shown on the Vesting Tentative
Map. Modifications shall be subject to approval by
the City Engineer.
• Drainage behind proposed walls along the northerly
sidewalk at St. Patrick Way shall be collected and
conveyed underground to the storm drain system.
Wall Scuppers shall not be allowed.
• St. Patrick Way shall be constructed with a Traffic
Index (TI) of 11.
• Applicant/Developer shall provide all necessary
documentation, including, but not limited to noticing
for public hearings, legal descriptions and plat maps,
and right of way maps, to effectuate the acceptance
of St. Patrick Way right of way as a public street and
to rescind the previously established right of way
line, as necessary and subject to the determination
of the City Engineer, in accordance with Chapter
PW
Final Map or
Improvement
Plan Approval
and Acceptance
of Improvements
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
7.68 of the DMC.
153. St. Patrick Way Landscape Improvements.
• Design of the irrigation system within the public
right-of-way at St. Patrick Way shall be such the
applicant will be responsible for irrigation and
maintenance of the proposed landscaped areas
along adjacent property frontages and within the
public Right of Way at St. Patrick Way.
• Irrigation shall be designed to allow for the possibility
of irrigation to landscape areas within the public
right-of-way along adjacent property frontages to be
connected to and maintained by those adjacent
property owners in the future.
• Landscaping and trees along St. Patrick Way shall
be consistent with the City’s Streetscape Master
Plan and blend with the existing landscaping and
street trees along St. Patrick Way to the east
extending to Golden Gate Drive. This shall also
include any proposed street furniture (i.e. benches,
trash receptacles, etc.).
PW Final Map or
Improvement
Plan Approval
154. String Lighting. String Lighting at St. Patrick Way is
subject to the review and approval of the City Engineer and
Fire Marshall.
PW
Improvement
Plan Approval
155. Community Benefit Agreement. Improvements set forth
in the Community Benefit Agreement between the City of
Dublin and the Developer shall be shown on the
Improvement Plans.
PW
Final Map and
Improvement
Plan Approval
156. Western Dublin Traffic Impact Fee. Applicant shall pay
the Western Dublin Traffic Impact Fee to fulfill Fair Share
obligation for the installation of a traffic signal at the
intersection of St. Patrick Way and Golden Gate Drive.
PW Final Map
157. Eastern Dublin Transportation Impact Fee Credits. The
Developer shall be eligible for credits as stated in the
Western Dublin Transportation Impact Fee Update: Final
Report (WDTIF), dated August 2016, for public right-of-way
dedicated and improvements constructed at St. Patrick
Way. Amounts of credit shall be consistent with areas
dedicated and improvements constructed, not to exceed the
amount set forth in the WDTIF.
PW
Final Map
158. Private Access Easement (PAE).
• The Developer shall provide an accessible
pedestrian path from the westerly property line to the
easterly within the PAE.
• An additional pedestrian access location shall be
added near the curved section of the EVA road
(southeast corner) with a gate to allow access
through the BART property. This will be in addition
to the access location shown to the north at the EVA
entrance location from West Street
PW
Final Map and
Improvement
Plan Approval
159. Public Service Easements (PSE). A 5’ Public Service
Easement(s) shall be dedicated along the project’s St.
Patrick Way to allow for the proper placement of public
utility vaults, boxes, appurtenances or similar items behind
the back-of-sidewalk. Private improvements such as fences,
PW
Final Map
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CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
gates or trellises shall not be located within the public
service easements.
160. Stormwater Management. The provided Stormwater
Management Plan, Sheet C6.0 of the Vesting Tentative
Map, prepared by Carlson, Barbee & Gibson, Inc. dated
3/5/2018 is approved in concept only, except as noted
below. The final Stormwater Management Plan is subject to
City Engineer approval prior to approval of the Improvement
Plans. Approval is subject to the developer providing the
necessary plans, details, and calculations that demonstrate
the plan complies with the standards issued by the San
Francisco Bay Regional Water Quality Control Board.
• LID treatment reduction credit shall conform to C.3
Stormwater Technical Guidance, and is subject to
the review and approval of the City Engineer.
Infeasibility of LID treatment must be demonstrated
to the satisfaction of the City Engineer.
• Use of Interceptor Trees for stormwater treatment
credit shall conform to the c.3 Stormwater Technical
Guidance Handbook, and is subject to the review
and approval of the City Engineer.
PW Final Map and
Improvement
Plan Approval
161. Trash Room Chute Plan. Trash room/chute plan shall be
adjusted to accommodate the use of 4-yard non-compacted
trash bins and recycle bins as an alternative to 2-yard
compacted trash. This could be achieved by lowering the
floor of the trash rooms by 2 feet. Alternatively, the location
of where the chute meets the ground floor trash room could
be adjusted to allow space for 2-yard bins to catch material
disposed of on the first floor and 4-yard bins for material
coming from the 2nd-5th floors. The building shall be built
to accommodate non-compacted collection should that be
desired for use in the future.
PW Issuance of
Building Permit
PASSED AND ADOPTED BY the Planning Commission of the City of Dublin, on this
27th day of March 2018 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chair
ATTEST:
Assistant Community Development Director
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RESOLUTION NO. XX-18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW PERMIT AND VESTING TENTATIVE MAP
10809 FOR THE ST. PATRICK WAY PROJECT AT 6700 GOLDEN GATE DRIVE IN
DOWNTOWN DUBLIN
APN:941-1500-047-07
PLPA-2017-00069
WHEREAS, the Applicant, Bayview Development Group/The Morley Bros. is seeking
to develop an 8.53 acre site located at 6700 Golden Gate Drive within the Downtown Dublin
Specific Plan. The proposal includes the demolition of the existing partial ly vacant 204,624
square foot warehouse building, construction of the ultimate extension of S t. Patrick Way and
construction a 5 story, 499-unit apartment community and related site improvements. The St.
Patrick Way Residential Project includes a request for a Vesting Tentative Map for
condominium purposes; and
WHEREAS, the project site is located in Downtown Dublin, within the Transit Oriented
District of the Downtown Dublin Specific Plan; and
WHEREAS, the 499 total residential dwelling units and 1,500 square feet of office
(collaborative work space) in the collective project are permitted in the Transit Oriented
District of the Downtown Dublin Specific Plan; and
WHEREAS, the project site is currently occupied by a partially vacant 204,624 square
foot warehouse building, surface parking lot, and outdoor storage area for an existing tenant ;
and
WHEREAS, the California Environmental Quality Act (CEQA), together with 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 is located within the Transit-Oriented District of the Downtown
Dublin Specific Plan (DDSP), which was the subject of an Environmental Impact Report (EIR),
State Clearinghouse number 20100022005. The DDSP Final EIR was certified by City
Council Resolution No. 08-11 on February 1, 2011. Pursuant to the California Environmental
Quality Act (CEQA), the proposed residential development is exempt from further
environmental review under Government Code Section 65457 and CEQA Guidelines Section
15182. In addition, under CEQA Guidelines Section 15168 this residential project is in
conformity with the DDSP and within the scope of the project analyzed in the DDSP EIR ;
therefore, no further CEQA review or document is required; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending
approval of the Site Development Review Permit and Vesting Tentative Map 10809 for the
project; and
WHEREAS, the Planning Commission held a properly noticed public hearing on said
application on March 27, 2018; and
WHEREAS, the Planning Commission adopted Resolution 18-07 denying the Site
Development Review Permit and Vesting Tentative Map 10809; and
WHEREAS, the Applicant, appealed the action of the Planning Commission in
accordance with Dublin Municipal Code Chapter 8.136; and
WHEREAS, the City Council is hearing body for the appeal of a decision by the
Planning Commission; and
WHEREAS, proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the City Council did hear and consider all reports, recommendations and
testimony herein above set forth and used its independent judgment to evaluate the project.
WHEREAS, a Staff Report, dated May 1, 2018 and incorporated herein by reference,
described and analyzed the proposed St. Patrick Way Residential Project, including the Site
Development Review application and Vesting Tentative Map application; and
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 of Dublin City Council does hereby
make the following finding regarding the St. Patrick Way Project:
A. The project which includes demolition of the existing warehouse building, construction
the ultimate extension of Saint Patrick Way, and construct ion of a 5 story, 499 unit
apartment community with related amenities including a club house, pool, roof top
terrace, passive courtyards, leasing office and structured parking, is located within the
Transit-Oriented District of the Downtown Dublin Specific Plan (DDSP), which was the
subject of an Environmental Impact Report (EIR), State Clearinghouse number
20100022005. The DDSP Final EIR was certified by City Council Resolution No. 08-11
on February 1, 2011. Pursuant to the California Environmental Quality Act (CEQA ) the
proposed residential development is exempt from further environmental review under
Government Code Section 65457 and CEQA Guidelines Section 15182. In addition,
under CEQA Guidelines Section 15168 this residential project is in conformity with the
DDSP and within the scope of the project analyzed in the DDSP EIR; therefore, no
further CEQA review or document is required.
Government Code sec. 65457 and CEQA Guidelines Section 15182 - Exemption
Pursuant to Government Code sec. 65457 and CEQA Guidelines Section 15182(a)
(Residential Projects Pursuant to a Specific Plan) of the CEQA Guidelines which
states: "Exemption. Where a public agency has prepared an EIR on a specific plan
after January 1, 1980, no EIR or negative declaration need be prepared for a
residential project undertaken pursuant to and in conformity to that specific plan if the
project meets the requirements of this section” including an event as described in
CEQA Guidelines Section 15162. As identified in CEQA Section 15162 and briefly
describes as follows, supplemental environmental review is required only when there
are new or substantially more severe significant environmental impacts which require
major revisions to the EIR due to project changes, substantial changes with respect to
circumstances under which the project is undertaken or new information of substantial
importance, or other standards under CEQA section 15162 are met.
On February 1, 2011, the Dublin City Council adopted Resolution 09 -11 adopting the
Downtown Dublin Specific Plan (DDSP). At the meeting, the City Council adopted
Resolution 08-11 certifying an EIR for the DDSP. The purpose of the adopted DDSP
was to guide development and design for the approximately 284 acres located in
downtown Dublin. The DDSP consists of a comprehensive set of incentives, standards,
and requirements that implements the vision for the future development of downto wn
Dublin. The DDSP defines the physical envelope for downtown Dublin’s future growth
using height limits, setbacks, density, and design standards.
On May 6, 2014, the City Council adopted Resolution 49-14 adopting an Addendum to
the DDSP EIR for changes to the DDSP. The changes included increasing the number
of residential units permitted in the DDSP area by 1,200 units and decreasing the
amount of commercial square footage permitted by 773,000 square feet, creating
minimum density thresholds for the Transit-Oriented and Retails Districts, and
restricting residential development on the west side of San Ramon Road in the Retail
District.
DDSP EIR and the subsequent addendum analyzed the construction of approximately
2.2 million square feet of non-residential development and 2,500 residential dwelling
units, included in the DDSP. Of the 2,500 residential dwelling units, 1,900 unit were
allocated to the Transit-Oriented District. As shown in Table 1 below, the proposed
project’s 499-units is within the already contemplated residential development activity
in the Transit-Oriented District.
Table 1. Transit Oriented District Residential Development
Transit Oriented District (1,900 Residential Units)
Project Address Units Status
Connelly Station 7550 St Patrick Way 309 Approved 2012 - complete
Aster (Bay West) 7544 Dublin Blvd. 313 Approved 2013 - complete
Valor Crossing
(Eden)
6707 Golden Gate Dr. 66 Approved 2013 - complete
Total Developed Units 688
St. Patrick Way 6700 Golden Gate Dr. 499 Proposed Project
Remaining Units with Proposed Project 713
The proposed project meets the development standards established in the DDSP as
shown in Table 2 below.
Table 2. Overview of DDSP Development Regulations
Development
Regulation
Standard Proposed
Density Range 30 to 85 units per net acre 65.66 units per net acre
Building Height 8 floors / 90 feet 5 floors / 57 feet
Setbacks:
St. Patrick Way
Interior
5 feet to 15 feet maximum
5 feet minimum
Varies. 6.4 feet minimum
Varies. 12 feet minimum
I-580 Freeway 10 feet minimum Varies. 54 feet minimum
Required Frontage
Buildout
A building facade shall be
constructed within 10 ft of
the minimum street
setback line along at least
80% of the
property’s total street
frontage
Approximately 83% of the
building façade is
constructed with in this area.
Private Outdoor
Space
100 square feet per unit or
49,900 square feet
50,000 square feet
Residential Parking 1.5 spaces per unit / 749
spaces
771 spaces
Guest Parking Up to 15% of required
parking / 0 to 112 spaces
2.1% / 16 spaces
Work Space Parking 1 space per 250 square
feet / 6 spaces
6 spaces
The project is consistent with DDSP. Approval of the proposed 499 -unit residential
project would be within the development threshold of the 1,900 residential dwelling
units allocated for the Transit-Oriented District. In addition, the proposed project
conforms with the development regulations and design guidelines established in the
specific plan in which is located.
As provided in Government Code sec. 21166 and Section 15162 of the CEQA
Guidelines, when an EIR has been prepared for a project (DDSP EIR), no new
environmental document shall be prepared for the proposed project, unless the
Planning Commission makes one of the following d eterminations under Section
15162(a):
1) Substantial changes are proposed in the project which will require major
revisions of the previous EIR due to the involvement of new significant
environmental effects or a substantial increase in the severity of pr eviously
identified significant effects;
2) Substantial changes occur with respect to the circumstances under which the
project is undertaken which will require major revisions of the EIR due to the
involvement of new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; or
3) New information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the
EIR was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the
previous EIR;
b. Mitigation measures or alternatives previously found not to be feasible
would in fact be feasible, and would substantially reduce one or more
significant effects of the project, but the project proponents decline to
adopt the mitigation measures or alternative; or
c. Mitigation measures which are considerably different from those
analyzed in the previous EIR would substantially reduce one or more
significant effects on the environment, but the project proponents decline
to adopt the mitigation measure.
The City conducted a review to determine if the proposed project met any of the
standards requiring the preparation of supplemental environmental review under
CEQA. Based on a review of the project, the environmental analysis in the DDSP EIR
and all the information in the Project record as a whole, the City has determined that
there is no substantial evidence that any of the standards are met. As part of this
determination, the City had an analysis of traffic and noise impacts prepared for the
Project to ensure that potential impacts in those areas did not present new or
substantially more severe significant impacts than presented in the DDSP EIR.
Therefore, pursuant to Government Code sec. 65457 and CEQA Guidelines Section
15182, the project is exempt from CEQA and no further environmental review is
required for this project.
Section 15168 – WITHIN SCOPE OF CERTIFIED DDSP PROGRAM EIR.
The DDSP was prepared as a Program EIR under CEQA Guidelines Section 15168 to
be used as the CEQA review for future implementing projects. Section 15168(a)
defines a “program EIR” as one prepared on a series of actions that can be
characterized as one large project and are related geographically and by other shared
characteristics. Section 15168(c) states that subsequent activities in the program EIR
must be examined in the light of the program EIR to determine whether an additional
environmental document must be prepared. If the agency finds that pursuant to CEQA
Guidelines Section 15162(c)(2), no new effects could occur or no new mitigation
measures would be required, the agency can approve the activity as being within the
scope of the project covered by the program EIR and no new environmental document
would be required.
Operation Traffic Analysis
The City engaged the services of Kittelson & Associates to complete a project -level
analysis of the transportation effects. The analysis included trip g eneration, trip
distribution, traffic operation, site circulation and access. Using the same methodology
established in the DDSP DEIR which includes an analysis of both the Base FAR and
Maximum FAR, the project was found to be within the impacts analyzed a nd mitigated
in the DDSP EIR and no new or substantially more severe significant traffic impacts
are presented for the project.
As stated, the DDSP EIR assessed the transportation impacts of the DDSP by
identifying large areas for development. Since the EIR did not assign development
densities to individual parcels, general assumptions were required. Therefore,
included in the evaluation of the proposed project was the intersection of Golden Gate
Drive and St. Patrick Way. The study found that a traffic signal was not warranted by
the project alone; however, it did note that in the future (before 2040) with additional
projects, the signal will be required. This finding is consistent with the DDSP EIR
Mitigation Measure 3.9-1. This mitigation measure requires the City to collect impact
fees from developers in the Specific Plan Area for the Tri-Valley Transportation
Development Fee as well as the Downtown TIF programs prior to issuance of Building
Permits. This will fund local and regional transportation impr ovements. The signal at
Golden Gate Drive and St. Patrick Way has already been identified in the Downtown
TIF program and the payment of the required TIF fees addresses this previously
identified impact.
Noise Impacts
The DEIR for the DDSP identified the impact pertaining to the increase of noise levels
in the area from mobile sources (vehicular traffic) at existing and future uses. To
mitigate this impact the City adopted Mitigation Measure 3.7 -3. This mitigation
measure requires that future development within the DDSP project area located
adjacent to Highway 580 prepare a site -specific acoustical analysis subject to review
and approval by the City of Dublin. The mitigation required that the acoustical analysis
evaluate resultant noise impacts in comparison to the City’s noise criteria for Land Use
Compatibility for Community Noise Environments. Feasible project specific mitigation
measures are required as part of the project design to reduce noise impacts at future
noise sensitive land uses, including but not limited to the following:
1) site design,
2) operational restrictions,
3) barriers,
4) setbacks, and
5) insulation.
An acoustical assessment dated March 2018, was prepared by Kimley Horn on behalf
of the applicant. The assessment evaluated future uses at the project site and
potential noise levels they would be exposed to. The assessment includes an
evaluation of the existing conditions and concluded that the primary noise source was
traffic on I-580. As required by Mitigation Measure 3.7-3, the assessment made
project specific design recommendations to address noise levels. The
recommendations are as follows:
1) Sound wall. A 7-foot noise barrier is needed to ensure that ground-floor
exterior noise levels in Courtyard C (closest to I-580)
2) Upgraded windows. Units along the western, southern and eastern
property line require thicker glass windows (minimum Sound Transmission
Class of 36)
3) Balcony treatments. The first row of units that façade the western,
southern and eastern site perimeter require incorporation of a noise
attenuating balcony or patio treatment (42” minimum height)
With implementation of the above recommendations, the interior noise levels at the
project would not exceed the 45dBA interior threshold required by the California
Building Code and the Dublin General Plan. They would also keep exterior noise
levels from exceeding 60 dBA which is identified as a “normally acceptable” level for
residential uses in the Dublin General Plan.
Based on the Project record as a whole, the proposed project is within the scope of
the project covered by the DDSP EIR and subsequent Addendum. The circumstances
under which the Project is to be undertaken have not substantially changed since the
DDSP EIR and subsequent Addendum were prepared and wil l not substantially
change with the approval of the Project. As supported by the operational traffic
analysis and noise study, the EIR adequately describes the impacts of the Project for
the purposes of CEQA, no mitigation measures or new alternatives are required by the
Project other than those previously disclosed and analyzed in the DDSP EIR and
subsequent Addendum. Approval of the project will not create any site ‐specific
operations giving rise to environmental effects different from those examined by t he
EIR or requiring the preparation of an Initial Study. The proposed project is subject to
the DDSP Mitigation Monitoring and Reporting Program. Consequently, pursuant to
CEQA Guidelines Section 15182, the Project impacts are covered by the DDSP EIR
and its Addendum and no further environmental review is required for this project.
BE IT FURTHER RESOLVED THAT THE City of Dublin City Council does hereby
make the following findings and determinations regarding the Site Development Review
Permit:
A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning
Ordinance, with the General Plan and any applicable Specific Plans and design
guidelines because: 1) The project is compatible with the architectural character
and scale of development in the immediate area in which the proposed project is to
be located; 2) the project is utilizing traditional building forms with contemporary,
high-quality materials and finishes in compliance with the design guidelines of the
Downtown Dublin Specific Plan; 3) the project will provide unique, varied, and
distinct housing opportunities in an area where the City of Dublin has made efforts
to incentivize higher-density housing; 4) the proposed project also supports the
more specific vision for the Transit-Oriented District to encourage the development
of the area with land uses that support and complement transit uses, particularly the
West Dublin BART Station; 5) the project will help to provide affordable housing
through the dedication of the 1.3 acre site; 6), the project will complete the planned
extension of St. Patrick Way completing this roadway network; and 7) the project is
consistent with the General Plan land use designation of Downtown Dublin Specific
Plan – Transit-Oriented District.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because:
1) the project contributes to the orderly, attractive, and harmonious site and
architectural development that is compatible with the architectural style, intensity of
development – either in place or permitted in the future, and context of surrounding
and adjacent properties; and 2) the project complies with the development
standards of the Downtown Dublin Zoning District, as outlined in the DDSP.
C. The design of the project is appropriate to the City, the vicinity, surrounding
properties, and the lot in which the project is proposed because: 1) the project is
consistent with the DDSP in that it provides additional housing opportunities in
close proximity to the West Dublin/Pleasanton BART stat ion; 2) the size and mass
of the proposed buildings are consistent with other residential development in the
immediate vicinity and in compliance with the minimum and maximum development
density/intensity permitted; 3) the redevelopment of the subject property is an
important incremental change to advance the vision of the DDSP to make
Downtown Dublin a vibrant and dynamic mixed -use center; and 4) the proposed
building in conjunction with the completion of St. Patrick Way will provide a more
complete street scene.
D. The subject site is suitable for the type and intensity of the approved development
because: 1) the Project provides residential development in an area that can
support residential uses; 2) the Project is consistent with the Downtown Dublin
Zoning District in which it is located; 3) the project site will be fully served by a
network of existing and planned infrastructure of public roadways, services, and
facilities and 4) he proposed project meets all of the development standards
established to regulate development in the DDSP Transit-Oriented District and are
consistent and compatible with other residential development projects in the
immediate vicinity.
E. Impacts to existing slopes and topographic features are addressed because: 1) the
project site is generally flat; and 2) landscaping along St. Patrick Way and
throughout the project will be complete.
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 Project provides a high degree of
design and landscaping to provide a unique, urban, contemporary-themed housing
opportunity in the DDSP; 2) the structures reflect the architectural styles and
development standards for other higher-density residential projects within the
DDSP; 3) the materials proposed will be high-quality and long-lasting; and 4) the
color and materials proposed are appropriate to the contemporary architectural
design proposed for the project and complementary to other commercial buildings
in the project vicinity; 4) the architectural style and materials will be consistent and
compatible with the contemporary architectural style, colors, and materials being
utilized on other multi-family projects in the immediate vicinity; 5) the project is
utilizing traditional building forms with contemporary, high-quality materials and
finishes in compliance with the design guidelines of the Downtown Dublin Specific
Plan; and 6) the size and scale of the development will be similar to multi -family
project already being constructed in the immediate project vicinity.
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) all perimeter landscaping, streetscape enhancements,
fences, and hardscape are proposed for construction in accordance with the DDSP;
and 2) the project perimeter and interior landscaping is consistent with other
developments currently under construction in the vicinity and 3) the project will
conform 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 streets,
sidewalks, and street lighting are proposed for construction in accordance with the
project plans and have been reviewed for safety and adequate circulation; and 2)
development of this project will include completion of the planned extension of St.
Patrick way to Regional Street to City Standards including Complete Streets so that
all modes of transportation are supported and ensuring the safe use of these
facilities.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby makes
the following findings and determinations regarding Vesting Tentative Map 10809:
A. The proposed subdivision map together with the provisions for its design and
improvement is consistent with the general plan and any applicable specific plan
because: 1) the proposed Vesting Tentative Map 10809 together with the provisions for
its design and improvements complies with the development standards of the DDSP
and the Transit-Oriented District as well as the overall vision of the DDSP to provide a
vibrant mixed-use center which includes high-density residential development.
B. The subdivision site is physically suitable for the type and proposed density of
development because: 1) the project site is physically suitable for the type and
proposed density of development (65.66 units per acre) is consistent with the DDSP
Transit Oriented District’s density range of 30 to 885 units per acre; 2) the proposed 5-
story development is consistent with the scale of other residential developments in the
immediate vicinity; and 3) the project site is located on approximately 8.53 acres of
relatively flat topography, and so therefore is physically suitable for the type and
density of development that is proposed.
C. The tentative tract map is consistent with the intent of applicable subdivision design or
improvements of the tentative tract map are consistent with the city’s general plan and
any applicable specific plan because: 1) the proposed Vesting Tentative Map 10809 for
no more than 499 residential condominium units is consistent with the development
densities allowed in the DDSP and well with the overall vision of the DDSP to provide a
vibrant mixed-use center which includes high-density residential development.
D. The subdivision design and proposed improvements will not cause substantial
environmental damage or substantially and avoidably injure fish or wildlife or their
habitat because: 1) the proposed Vesting Tentative Map is for the redevelopment of
an already fully developed site with improvements and therefore already an urbanized
site will not result in environmental damage or substantially injure fish or wildlife or their
habitat or cause public health concerns; 2) in addition, the City conducted a review to
determine if the proposed project met any of the standards requiring the preparation of
supplemental environmental review under CEQA. Based on a review of the project
and the environmental analysis in the DDSP EIR, the City has de termined that there is
no substantial evidence that any of the standards are met. Therefore, it has been
determined that the project is exempt from CEQA and no further environmental review
is required for this project.
E. The design of the subdivision or type of improvements will not cause serious public
health concerns because: 1) the design of the subdivision or type of improvements will
not cause serious public health concerns as it has been conditioned to comply with all
building codes and ordinances in effect at the time of permit issuance; 2) in addition,
the City conducted a review to determine if the proposed project met any of the
standards requiring the preparation of supplemental environmental review under
CEQA. Based on a review of the project and the environmental analysis in the DDSP
EIR, the City has determined that there is no substantial evidence that any of the
standards are met. As part of this determination, the City had an analysis of traffic and
noise impacts prepared for the Project to ensure that potential impacts in those areas
did not present new or substantially more severe significant impacts than presented in
the DDSP EIR. Therefore, it has been determined that the project is exempt from
CEQA and no further environmental review is required for this project.
F. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property
within the proposed subdivision; or alternate easements ar e provided pursuant to
Government Code Section 66474(g) because: 1) the City Engineer has reviewed the
Vesting Tentative Map and title report and has determined that the future proposed
buildings will not conflict with existing or new easements nor with f uture property lines.
G. The design or improvements of the tentative map are consistent with the city’s general
plan and any applicable specific plan because: 1) the proposed Vesting Tentative Map
10809 together with the provisions for its design and improvements complies with the
development standards of the DDSP and the Transit -Oriented District as well as the
overall vision of the DDSP to provide a vibrant mixed-use center which includes high-
density residential development.
H. The subdivision is designed to provide for future passive or natural heating or cooling
opportunities because: 1) the proposed design and orientation of the building is
designed to limit the number of residential units from southern exposure ; 2) the limited
number of units which have southern exposure are located on a single-loaded corridor
limiting direct sun exposure; 3) the parking structure, which is an non-habitable space,
is specifically located to align with the southern exposure and designed with openings
to naturally vent; 4) awnings are included in the design of some of the window to
provide some protection; and 5) along the southern property line, a dense canopy of
evergreen trees are proposed to provide shade year round.
I. The tentative tract map, including design and imp rovement, shall comply with all the
applicable provisions and requirements of the zoning ordinance, the latest municipal
stormwater permit issued to the city by the Regional Water Quality Control Board, this
title, any other ordinance of the city, and the Subdivision Map Act because: 1) the
project is compliant with the California Regional Water Quality Control Board San
Francisco Bay Region Municipal Regional Stormwater NPDES Permit ; 2) the project is
located within a quarter mile of a BART Station, is cha racterized as a non-auto-related
use, meets the minimum gross density requirements, and therefore is eligible for LID
treatment reduction credit as a special project under Provision C.3 of the MRP; 3) the
project would include bioretention areas and stormwater treatment vaults to ensure
consistency with regional C.3 stormwater treatment; 4) the project meets
hydromodification exempt requirements; and 5) the project would include full trash
capture devices to ensure consistency with regional C.10 stormwater treatment
requirements.
J. The vesting tentative map complies with the associated site development review
application.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby
approves the Site Development Review Permit for the St. Patrick Way Residential Project,
subject to the conditions included below, and in accordance with the Project Plans,
incorporated herein by reference and attached as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby
approves the Vesting Tentative Map for the St. Patrick Way Residential Project, subject to the
conditions included below, and in accordance with the Project Plans, incorporated herein by
reference and attached as Exhibit A to this Resolution.
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 r epresent 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.
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
1. Approval. This Site Development Review and Tentative
Map 10809 approval is for the St. Patrick Way Residential
Project (PLPA-2017-00069). This approval shall be as
generally depicted and indicated on the project plans
prepared by KTGY and CBG dated received March 16,
2018, attached as Exhibit A, and other plans, text, and
diagrams relating to this Site Development Review, unless
modified by the Conditions of Approval contained herein.
PL On-going
2. Permit Expiration – Site Development Review.
Construction or use shall commence within one (1) year of
the effective date of this Permit or the Site Development
Review shall lapse and become null and void. 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.
PL One year after
Effective Date
3. Permit Expiration – Tentative Map. Approval of the
Tentative Map shall be valid for 36 months from the
effective date as set forth in Section 9.08.130.A of the
Dublin Municipal Code.
PW 36 months after
Effective Date
4. Time Extension. The original approving decision-maker
may, upon the Applicant’s written request for an extension
of approval prior to expiration, upon the determination that
all Conditions of Approval remain 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. All time extension requests shall be noticed
and a public hearing shall be held before the original
hearing body.
PL One Year
Following
Expiration Date
5. Compliance. Developer shall comply with the Subdivision
Map Act, the City of Dublin Subdivision and Zoning
Ordinances, City of Dublin Title 7 Public Works Ordinance,
which includes the Grading Ordinance, the City of Dublin
Public Works Standards and Policies, the most current
requirements of the State Code Title 24 and the Americans
with Disabilities Act with regard to accessibility, and all
building and fire codes and ordinances in effect at the time
of building permit issuance. All public improvements
constructed by Developer and to be dedicated to the City
are hereby identified as “public works” under Labor Code
section 1771. Accordingly, Developer, in constructing such
improvements, shall comply with the Prevailing Wage Law
(Labor Code. Sects. 1720 and following).
PL, PW On-going
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
6. Effective Date. This Site Development Review approval
becomes effective after the Community Benefit Agreement
associated with the project is approved by the City Council.
If the Community Benefit Agreement is not approved, the
Site Development Review and Vesting Tentative Map
approvals shall become null and void.
PL Ongoing
7. Revocation of Permit. The Site Development Review
approval shall be revocable for cause in accordance with
Section 8.96.020.I of the Dublin Zoning Ordinance. Any
violation of the terms or conditions of this permit shall be
subject to citation.
PL On-going
8. Requirements and Standard Conditions. The Applicant/
Developer shall comply with applicable City 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 Applicant/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.
Various Building Permit
Issuance
9. Required Permits. The Applicant/Developer shall obtain
all permits required by other agencies which may include,
but are not limited to 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, as applicable. Copies of the
permits shall be provided to the Public Works Department.
PW Building Permit
Issuance
10. Fees. The Applicant/Developer shall pay all applicable fees
and receive all applicable fee credits in effect at the time of
building permit issuance, grading permit issuance and final
map approval, 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 or credit that may be
adopted and applicable, as provided by the Development
Agreement, if any. The Developer shall be eligible for
credits as stated in the Western Dublin Transportation
Impact Fee Update: Final Report (WDTIF), dated August
2016, for public right-of-way dedicated and improvements
constructed at St. Patrick Way. Amounts of credit shall be
consistent with areas dedicated and improvements
constructed, not to exceed the amount set forth in the
WDTIF.
Various Final Map
Approval,
Grading
Permit, and
Building Permit
Issuance
11. Indemnification. The Applicant/Developer shall defend, ADM On-going
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
indemnify, and hold harmless the City of Dublin and its
agents, officers, and employees from any claim, action, or
proceeding against the City of Dublin or its agents, officers,
or employees to attack, set aside, void, or annul an
approval of the City of Dublin or its advisory agency, appeal
board, Planning Commission, City Council, Community
Development Director, Zoning Administrator, or any other
department, committee, or agency of the City to the extent
such actions are brought within the time period required by
Government Code Section 66499.37 or other applicable
law; provided, however, that the Applicant’s/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.
12. Clarification of Conditions. In the event that there needs
to be clarification to the Conditions of Approval, the Director
of Community Development 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 of this project.
PL/PW On-going
13. Clean-up. The Applicant/Developer shall be responsible
for clean-up and disposal of project related trash to
maintain a safe, clean, and litter-free site.
PL On-going
14. Modifications. Modifications or changes to this Site
Development Review approval may be considered by the
Community Development Director in compliance with
Chapter 8.104 of the Zoning Ordinance.
PL On-going
15. Controlling Activities. The Applicant/Developer shall
control all activities on the project site so as not to create a
nuisance to the existing or surrounding businesses and
residences.
PL On-going
16. Accessory Structures. The use of any accessory
structures, such as storage sheds or trailer/container units
used for storage or for any other purpose during
construction, shall not be allowed on the site at any time
unless a Temporary Use Permit is applied for and
approved.
PL Establishment of
the temporary
use
PLANNING DIVISION - PROJECT SPECIFIC CONDITIONS
17. Equipment Screening. All electrical, fire risers and/or
mechanical equipment shall be screened from public view.
Any roof-mounted equipment shall be completely screened
from view by materials architecturally compatible with the
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.
PL Building Permit
Issuance
And
On-going
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
18. Sound Attenuation. The project shall comply with the
sound attenuation measures recommended in the
Acoustical Assessment dated March 2018 prepared by
Kimley Horn and generally outlined as follows:
4) Sound wall. A 7-foot noise barrier is needed to
ensure that ground-floor exterior noise levels in
Courtyard C (closest to I-580)
5) Upgraded windows. Units along the western,
southern and eastern property line require thicker
glass windows (minimum Sound Transmission Class
of 36)
6) Balcony treatments. The first row of units that façade
the western, southern and eastern site perimeter
require incorporation of a noise attenuating balcony
or patio treatment (42” minimum height)
Refer to Acoustical Assessment for further details.
PL Building Permit
Issuance
19. Mitigation Monitoring Program. The Applicant/
Developer shall comply with the Downtown Dublin Specific
Plan Final Environmental Impact Report (EIR) certified by
City Council Resolution 08-11, including all mitigation
measures, action programs, and implementation measures
contained therein. The EIR is on file with the Community
Development Department.
PL Building Permit
Issuance
20. Public Art. The project is required to comply with Sections
8.58.05A and 8.58.05D of Chapter 8.58 (Public Art
Program) of the Dublin Municipal Code.
PL Building Permit
Issuance
21. Final building and site development plans shall be
reviewed and approved by the Community Development
Department staff prior to the issuance of a building permit.
All such plans shall insure:
a. That standard 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 exterior lighting of the building and site is not
directed onto adjacent properties and the light source is
shielded from direct offsite viewing.
d. That all mechanical equipment, including air
conditioning condensers, electrical and gas meters, are
architecturally screened from view, and that electrical
transformers are either underground or architecturally
screened.
e. That all vents, gutters, downspouts, flashings, etc., are
painted to match the color of adjacent surface.
f. 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.
PL Building Permit
Issuance
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
Any changes, which affect the exterior character, shall
be resubmitted to the Dublin Community Development
Department for approval.
g. That all exterior architectural elements 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.
h. 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.
22. Affordable Housing. The project shall conform to the
Inclusionary Zoning Regulations in Chapter 8.68. The
affordable housing requirement may also be met through
the Community Benefit Agreement.
PL Building Permit
Issuance
LANDSCAPING
23. Final Landscape and Irrigation Plans. Final landscape
plans, irrigation system plans, tree preservation techniques,
and guarantees, shall be reviewed and approved by the
Dublin Planning Division prior to the issuance of the
building permit. All such submittals shall be reviewed and
approved by the City Engineer and the Community
Development Director. Plans shall be generally consistent
with the Preliminary Landscape drawings included in the
Project Plan Set prepared by Fletcher Studio received by
the Planning Division on February 9, 2018, except as
modified by the Conditions listed below or as required by
the Community Development Director to address specific
site constraints or conditions. The Final Landscape Plans
shall insure:
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. That unless unusual circumstances prevail, all trees on
the site shall be a minimum of 15 gallons in size. All
trees that are on the exterior building perimeter shall be
24” box minimum, with at least 30% at 36” box or
greater. All shrubs shall be 5 gallon minimum.
d. That a plan for an automatic irrigation system be
provided which assures that all plants get adequate
water. In unusual circumstances, and if approved by
Staff, a manual or quick coupler system may be used.
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 conditions
PL Landscape plan
approval and
installation
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
detailed in the Site Development Review packet.
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.
24. Landscaping at Street/Drive Aisle Intersections.
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.
PL Ongoing
25. Plant Clearances. All trees planted shall meet the
following clearances:
a. 6’ from the face of building walls or roof eaves.
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.
PL Landscape plan
approval and
installation
26. Landscaping. Applicant/Developer shall construct all
landscaping within the site and along the project frontage.
PL, PW Landscape plan
approval and
installation
27. Backflow Prevention Devices. The Landscape Plan shall
show the location of all backflow prevention devises. The
location and screening of the backflow prevention devices
shall be reviewed and approved by City staff.
PL, PW, F Landscape plan
approval and
installation
28. Root Barriers and Tree Staking. The landscape plans
shall provide details showing root barriers and tree staking
will be installed which meet current City specifications.
PL, PW Landscape plan
approval and
installation
29. Water Efficient Landscaping Ordinance. The Applicant/
Developer shall submit written documentation to the Public
Works Department (in the form of a Landscape
Documentation Package and other required documents)
that the development conforms to the City’s Water Efficient
Landscaping Ordinance.
PL Landscape plan
approval and
installation
BUILDING & SAFETY DIVISION
30. Building Codes and Ordinances. All project construction
shall conform to all building codes and ordinances in effect
at the time of building permit.
B Through
Completion
31. Building Permits. To apply for building permits,
Applicant/Developer shall submit electronic plans and
specs and the number of hard copies as determined by the
Building Official for 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 be or have been complied with.
Construction plans will not be accepted without the
B Building Permit
Issuance
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
annotated resolutions attached to each set of plans.
Applicant/Developer will be responsible for obtaining the
approvals of all participating non-City agencies prior to the
issuance of building permits.
32. Construction Drawings. Construction plans shall be fully
dimensioned (including building elevations) accurately
drawn (depicting all existing and proposed 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.
B Building Permit
Issuance
33. Foundation. Geotechnical Engineer for the soils report
shall review and approve the foundation design. A letter
shall be submitted to the Building Division on the approval.
A soils report is required.
B Building Permit
Issuance
34. Engineer Observation. The Engineer of record shall be
retained to provide observation services for all 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.
B Scheduling the
Final Frame
Inspection
35. Phased Occupancy Plan. If occupancy is requested to
occur in phases, then all physical improvements within each
phase shall be required to be completed prior to occupancy
of any unit 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 60 days prior to the request for any occupancy
the building. No individual space 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.
B Occupancy of
any affected
building
36. Air Conditioning Units. Air conditioning units and
ventilation ducts shall be screened from public view with
materials compatible to the main building. Units shall be
permanently installed on concrete pads or other non-
movable materials approved by the Chief Building Official
and Director of Community Development. Air conditioning
units shall be located in accordance with the PD text.
B Occupancy of
Unit
37. CAL Green Building Standards Code. The project shall
incorporate the requirements of the CAL Green Building
Standards Code. The project shall be provided with: a)
short term bicycle parking, and b) conduit installed from the
electrical supply panel to the roof for the installation of
B Permitting
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
future PV. The Green Building Plan shall be submitted to
the Chief Building Official for review.
38. Solar Zone – CA Energy Code. Show the location of the
Solar Zone on the site plan. Detail the orientation of the
Solar Zone. This information shall be shown in the master
plan check on the overall site plan. This condition of
approval will be waived if the project meets the exceptions
provided in the CA Energy Code.
B Through
Completion
39. Accessible units under CBC 11A
Project type requires a minimum of 10% of the units shall
meet the requirements of chapter 11A of the CBC. The ten
percent (10%) accessible units shall be constructed
concurrently with the project. Certificate of Occupancies
may be withheld by the Chief Building Official’s
determination at any time that the 10% requirements are
not being met.
B Building Permit/
Occupancy
40. Accessible Parking. The required number of parking
stalls, the design and location of the accessible parking
stalls shall be as required by the CA Building Code.
B Through
Completion
41. Addressing
(a) Address signage shall be provided as per the Dublin
Commercial Security Code, Section 7.32.280 as applicable
to multifamily buildings and parking structures. (Prior to
Occupancy of any Unit)
(b) Exterior address numbers shall be backlight and be
posted in such a way that they may be seen from the street.
(Prior to permit issuance, and through completion)
(c) Address will be required on all doors leading to the
exterior of the building. Addresses shall be illuminated and
be able to be seen from the street, 4 inches in height
minimum.
B Prior to
Occupancy
42. Accessory Structures. Separate building permits are
required for all associated exterior amenities/structures and
some of those are required to meet the accessibility and
building codes. Examples of amenities include: swimming
pools/spas, shade structures, fire pits, retaining walls, water
features, exterior fixed seating, BBQs, etc. Provide a list of
these structures requiring separate permits on the cover
sheet of plans.
B Building Permit
43. Temporary Fencing. Temporary Construction fencing
shall be installed along the perimeter of all work under
construction.
B Through
Completion
44. Copies of Approved Plans. Applicant shall provide City
with 2 reduced (1/2 size) copies of the City of Dublin
stamped approved plan.
B 30 days after
permit & each
revision
issuance
FIRE DEPARTMENT
45. No fire service lines shall pass beneath buildings. F Approval of
Improvement
Plans
46. New Fire Sprinkler System & Monitoring Requirements
In accordance with The Dublin Fire Code, fire sprinklers
shall be installed in the building. The system shall be in
accordance with the NFPA 13, the CA Fire Code and CA
F Building Permit
Issuance
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
Building Code. Plans and specifications showing detailed
mechanical design, cut sheets, listing sheets and hydraulic
calculations shall be submitted to the Fire Department for
approval and permit prior to installation. This may be a
deferred submittal.
a) Sprinkler Plans. (Deferred Submittal Item).
Submit detailed mechanical drawings of all
sprinkler modifications, including cut sheets,
listing sheets and calculations to the Fire
Department for approval and permit prior to
installation.
b) All sprinkler system components shall remain in
compliance with the applicable N.F.P.A. 13
Standard, the CA Fire Code and the CA Building
Code.
c) Underground Plans. (Deferred Submittal
Item). Submit detailed shop drawings for the fire
water supply system, including cut sheets, listing
sheets and calculations to the Fire Department
for approval and permit prior to installation. All
underground and fire water supply system
components shall be in compliance with the
applicable N.F.P.A. 13, 24, 20, 22 Standards, the
CA Fire Code and the CA Building Code. The
system shall be hydrostatically tested and
inspected prior to being covered. Prior to the
system being connected to any fire protection
system, a system flush shall be witnessed by the
Fire Department.
d) Central Station Monitoring. Automatic fire
extinguishing systems installed within buildings
shall have all control valves and flow devices
electrically supervised and maintained by an
approved central alarm station. Zoning and
annunciation of central station alarm signals
shall be submitted to the Fire Department for
approval.
e) Fire Protection Equipment shall be identified with
approved signs constructed of durable materials,
permanently installed and readily visible.
47. b Fire Access During Construction.
a) Fire Access. Access roads, turnaround, pullouts,
and fire operation areas are fire lanes and shall be
maintained clear and free of obstructions, including
the parking of vehicles.
b) Entrances. Entrances to job sites shall not be
blocked, including after hours, other than by
approved gates/barriers that provide for emergency
access.
c) Site Utilities. Site utilities that would require the
access road to be dug up or made impassible shall
be installed prior to construction commencing.
d) Entrance flare, angle of departure, width, turning
radii, grades, turnaround, vertical clearances, road
F During
Construction
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
surface, bridges/crossings, gates/key-switch, within
a 150-foot distance to Fire Lane shall be
maintained.
e) Personnel Access. Route width, slope, surface and
obstructions must be considered for the approved
route to furthermost portion of the exterior wall.
f) All-weather access. Fire access is required to be
all-weather access. Show on the plans the location
of the all-weather access and a description of the
construction. Access roads must be designed to
support the imposed loads of fire apparatus.
48. Fire Alarm (detection) System Required
A Fire Alarm-Detection System shall be installed throughout
the building so as to provide full property protection,
including combustible concealed spaces, as required by
NFPA 72. The system shall be installed in accordance with
NFPA 72, CA Fire, Building, Electrical, and Mechanical
Codes.
If the system is intended to serve as an evacuation system,
compliance with the horn/strobe requirements for the entire
building must also be met. All automatic fire extinguishing
systems shall be interconnected to the fire alarm system so
as to activate an alarm if activated and to monitor control
valves. Delayed egress locks shall meet requirements of
C.F.C.
a) Fire Alarm Plans. (Deferred Submittal Item).
Submit detailed drawings of the fire alarm system,
including floor plan showing all rooms, device
locations, ceiling height and construction, cut
sheets, listing sheets and battery and voltage drop
calculations to the Fire Department for review and
permit prior to the installation. Where employee
work area’s have audible alarm coverage, circuits
shall be initially designed with a minimum 20%
spare capacity for adding appliances to
accommodate hearing impaired employee’s.
b) Central Station Monitored Account. Automatic fire
alarm systems shall be monitored by an approved
central alarm station. Zoning and annunciation of
central station alarm signals shall be approved by
the Fire Department.
c) Qualified Personnel. The system shall be installed,
inspected, tested, and maintained in accordance
with the provisions of NFPA 72. Only qualif ied and
experienced persons shall perform this work.
Examples of qualified individuals are those who
have been factory trained and certified or are NICET
Fire Alarm Certified.
d) Inspection & Testing Documentation.
Performance testing of all initiating & notification
devices in the presence of the Fire Inspector shall
occur prior to final of the system. Upon this
F Occupancy
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
inspection, proof that the specific account is UL
Certificated must be provided to the Fire Inspector.
49. Fire Extinguishers.
Extinguishers shall be visible and unobstructed. Signage
shall be provided to indicate fire extinguisher locations. The
number and location of extinguishers shall be shown on the
plans. Additional fire extinguishers maybe required by the
fire inspector.
Fire extinguisher shall meet a minimum classification of 2A
10BC. Extinguishers weighing 40 pounds or less shall be
mounted no higher than 5 feet above the floor measured to
the top of the extinguisher. Extinguishers shall be inspected
monthly and serviced by a licensed concern annually.
F Occupancy
50. FD Building Key Box. Building Access. A Fire
Department Key Box shall be installed at the main entrance
to the Building. Note these locations on the plans. The key
box should be installed approximately 5 1/2 feet above
grade. The box shall be sized to hold the master key to the
facility as well as keys for rooms not accessible by the
master key. Specialty keys, such as the fire alarm control
box key and elevator control keys shall also be installed in
the box.
The key box door and necessary keys are to be provided to
the fire inspector upon the final inspection. The inspector
will then lock the keys into the box.
F Occupancy
51. Means of Egress.
Exit signs shall be visible and illuminated with emergency
lighting when building is occupied.
F Occupancy
52. Main Entrance Hardware Exception.
It is recommended that all doors be provided with exit
hardware that allows exiting from the egress side even
when the door is in the locked condition. However, an
exception for A-3, B, F, M, S occupancies and all churches
does allow key-locking hardware (no thumb-turns) on the
main exit when the main exit consists of a single door or
pair of doors. When unlocked the single door or both leaves
of a pair of doors must be free to swing without operation of
any latching device. A readily visible, durable sign on or just
above the door stating “This door to remain unlocked
whenever the building is occupied” shall be provided.
The sign shall be in letters not less than 1 inch high on a
contrasting background. This use of this exception may be
revoked for cause.
F Occupancy
53. Maximum Occupant Load. Posting of room capacity is
required for any occupant load of 50 or more persons.
Submittal of a seating plan on 8.5” x 11” paper is required
prior to final occupancy.
F Occupancy
54. Interior Finish. Wall and ceiling interior finish material shall
meet the requirements of Chapter 8 of the California Fire
Code. Interior finishes will be field verified upon final
inspection. If the product is not field marked and the
marking visible for inspection, maintain the products cut-
F Occupancy
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
sheets and packaging that show proof of the products
flammability and flame-spread ratings. Decorative
materials shall be fire retardant.
55. General Inspection. Upon inspection of the work for which
this submittal was provided, a general inspection of the
business and site will be conducted.
F Occupancy
56. Addressing. Addressing shall be illuminated or in an
illuminated area. The address characters shall be
contrasting to their background. If address is placed on
glass, the numbers shall be on the exterior of the glass and
a contrasting background placed behind the numbers.
Building Address. The building shall be provided with all
addresses or the assigned address range so as to be
clearly visible from either direction of travel on the street the
address references. The address characters shall not be
less than 5 inches in height by 1-inch stroke. Larger sizes
may be necessary depending on the setbacks and visibility.
Multi-Tenants. Where a building has multiple tenants,
address shall also be provided near the main entrance door
of each tenant space. The address shall be high enough on
the building to be clearly visible from the driveway, street or
parking area it faces even when vehicles are parked in front
of the tenant space. The address shall not be less than 5-
inches in height with a ½-inch stroke.
F Occupancy of
any building
57. FIRE SAFETY DURING CONSTRUCTION AND
DEMOLITION
A. Clearance to combustibles from temporary heating
devices shall be maintained. Devices shall be fixed in
place and protected from damage, dislodgement or
overturning in accordance with the manufacturer’s
instructions.
B. Smoking shall be prohibited except in approved areas.
Signs shall be posted “NO SMOKING” in a conspicuous
location in each structure or location in which smoking is
prohibited.
C. Combustible debris, rubbish and waste material shall be
removed from buildings at the end of each shift of work.
Flammable and combustible liquid storage areas shall be
maintained clear of combustible vegetation and waste
materials.
F Ongoing during
construction and
demolition
58. An Emergency Responder Radio Coverage system shall be
installed. The system shall comply with all City, Fire and
Building Codes. The system must be compliant with the
radio systems used by Dublin Police and Fire services.
F Occupancy
59. An Emergency Vehicle Access Easement shall be deeded
between the Connolly Station private street and the
proposed emergency vehicle access for this project.
F Approval of
improvement
plans.
60. The project will be required to comply with all Building and
Fire Code requirements in effect at time of permit
application
F Building Permit
issuance.
61. Fire access road designs and gates shall meet fire code
requirements
F Approval of
Improvement
Plans
62. Additional fire hydrants shall be installed to ensure F Approval of
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
compliance with fire code requirements. Utility Plans
DUBLIN SAN RAMOM SERVICES DISTRICT
63. d Complete improvement plans shall be submitted to DSRSD
that conform to the requirements of the Dublin San Ramon
Services District Code, the DSRSD “Standard Procedures,
Specifications and Drawings for Design and Installation of
Water and Wastewater Facilities”, all applicable DSRSD
Master Plans and all DSRSD policies.
DSRSD Issuance of
Building Permits
64. Planning and review fees, inspection fees, and fees
associated with a wastewater discharge permit shall be
paid to DSRSD in accordance with the rates and schedules
and at time of payment as established in the DSRSD Code.
Planning and review fees are due after the 1st submittal of
plans. Construction Permit and Inspection Fees are due
prior to the issuance of a Construction Permit. Capacity
Reserve Fees are due before the water meter can be set or
the connection to the sewer system.
DSRSD Issuance of
Building Permit
or Improvement
Plans
65. For Construction of DSRSD Facilities: Prior to, all
improvement plans for DSRSD facilities shall be signed by
the District Engineer. Each drawing of improvement plans
for DSRSD facilities shall contain a signature block for the
District Engineer indicating approval of the sanitary sewer
and/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
faithful performance 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.
DSRSD Issuance of any
building permit
by the City; or
any Building
Permit or
Construction
Permit by the
DSRSD
66. All easement dedications for DSRSD facilities shall be by
separate instrument irrevocably offered to DSRSD or by
offer of dedication on the Final Map. Prior to approval by
the City for Recordation, the Final Map shall be submitted
to and approved by DSRSD for easement locations, widths,
and restrictions.
DSRSD Approval of Final
Map
67. The Developer will be required to enter into a Planning
Services Agreement with DSRSD to conduct a Water and
Sewer Services Analysis to adequately size the water and
sewer facilities for the project.
DSRSD Approval of
Improvement
Plans
68. Where the narrow width of a proposed alley or cul-de-sac is
so restrictive that the standard separation requirements for
water mains and sewer mains cannot be maintained, the
water and sewer mains shall be installed within main
thoroughfares, outside of alleyways or cui-de-sacs. Water
and sewer mains may not be installed within courtyards.
Water meters shall be installed around the outer perimeter
of buildings. Installation of water lines from the meter to
each unit shall be documented and submitted to the District.
DSRSD Issuance of
Improvement
Plans
69. All mains shall be sized to provide sufficient capacity to
accommodate future flow demands in addition to each
development project’s demand. Layout and sizing of mains
shall be in conformance with DSRSD utility master
DSRSD Issuance of
Improvement
Plans
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
planning.
70. The locations and widths of all proposed easement
dedications for water and sewer lines shall be submitted to
and approved by DSRSD.
DSRSD Issuance of
Improvement
Plans
71. Water and sewer mains shall be located in public streets
rather than in offstreet locations to the fullest extent
possible. If unavoidable, then sewer or water easements
must be established over the alignment of each sewer or
water main in an off-street or private street location to
provide access for future maintenance and/or replacement.
DSRSD Issuance of
Improvement
Plans
72. Domestic and fire protection waterline systems for Tracts or
Commercial Developments shall be designed to be looped
or interconnected to avoid dead end sections in accordance
with requirements of the DSRSD Standard Specifications
and sound engineering practice.
DSRSD Issuance of
Improvement
Plans
73. Sewers shall be designed to operate by gravity flow to
DSRSD’s existing sanitary sewer system. Pumping of
sewage is discouraged and may only be allowed under
extreme circumstances following a case by case review
with DSRSD staff. Any pumping station will require specific
review and approval by DSRSD of preliminary design
reports, design criteria, and final plans and specifications.
The DSRSD reserves the right to require payment of
present worth 20 year maintenance costs as well as other
conditions within a separate agreement with the applicant
for any project that requires a pumping station.
DSRSD Issuance of
Improvement
Plans
74. This project includes mixed use and/or multi-family
residential units and is subject to the requirement of SB 7
(2016, Walk) as a condition of water service. Each
individual residential unit shall be metered or submetered to
measure water used by each unit. Water meters for each
unit shall be shown on improvement plans. Exemptions
may be made only for exempted uses listed in the
legislation. If submetering is proposed in lieu or individual
meters, plans reflecting the submeters and associated
residential unit shall be submitted.
DSRSD may not approve applications and issue
construction permits without
this submittal.
Issuance of
Improvement
Plans
75. The District employs Advanced Metering Infrastructure
(AMI), a fixed water meter reading system. The system
uses radio communication between the individual water
meter boxes or vaults and Tower Gateway Base Stations
(TGBs) to transmit data on water consumption and meter
readings. Due to the high density and tall profile of the
buildings in this project, the buildings themselves may
hinder effective communication between the individual
meter boxes and the TGBs. Applicant shall fund an AMI
Propagation Study provided
by the District to determine if supplementary AMI
communication equipment is required. If required, the
supplementary equipment will be provided by the
developer, and the location and appearance of the
equipment must be approved by both the City of Dublin and
DSRSD Approval of
Improvement
Plans
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
the District.
76. This project will be analyzed by DSRSD to determine if it
represents additional water and/or sewer capacity demands
on the District. Applicant will be required to pay all
incremental capacity reserve fees for water and sewer
services as required by the project demands. All capacity
reserve fees must be paid prior to installation of a water
meter for water. If a water meter is not required, the
capacity reserve fee shall be paid prior to issuance of a
building permit. The District may not approve the building
permit until capacity reserve fees are paid.
DSRSD Issuance of
Building Permit
77. No sewer line or waterline construction shall be permitted
unless the proper utility construction permit has been
issued by DSRSD. A construction permit will only be
issued after all of the items in the condition immediately
above have been satisfied.
DSRSD Any construction
permit
78. Above ground backflow prevention devices/double detector
check valves shall be installed on fire protection systems
connected to the DSRSD water main. The applicant shall
collaborate with the Fire Department and with DSRSD to
size and configure its fire system.
DSRSD Issuance of
Improvement
Plans
79. Development plans will not be approved until landscape
plans are submitted and approved.
DSRSD Approval of
Landscape
Plans
80. During construction of the sewer main in the entry drive
easement applicant shall ensure uninterrupted service of
the wastewater collection systems of the occupied parcels:
Libby Parcel 2, PM 1920, Chin Parcel A 101 PM 47, Chin
Parcel B 101 PM 47 and Green Bear, LP Parcel 2, 286 PM
5 to the west of the site. Applicant shall coordinate
maintenance of service with District staff.
DSRSD Issuance of
Improvement
Plans
81. Prior to issuance of a District Facilities Construction Permit,
Applicant shall provide easement(s) from BART that meet
the District requirements and connect seamlessly to (1) the
easement for the water main in West Street; and (2) the
easement for the sewer main in South Street, to provide for
the connection to the existing water and sewer mains.
DSRSD Issuance of
Improvement
Plans
82. Applicant must ensure that installation of new sanitary
sewer mains does not adversely affect the operation of
existing sanitary sewer mains and manholes in the vicinity
of the project; particularly the existing sanitary sewer main
north of the project site.
DSRSD Issuance of
Improvement
Plans
PUBLIC WORKS GENERAL CONDITIONS
83. Conditions of Approval. Developer shall comply with the
City of Dublin Public Works Standard Conditions of
Approval contained below (“Standard Condition”) unless
specifically modified by Project Specific Conditions of
Approval below.
PW On-going
84. Compliance. Developer shall comply with the Subdivision
Map Act, the City of Dublin Subdivision and Zoning
Ordinances, City of Dublin Title 7 Public Works Ordinance,
which includes the Grading Ordinance, the City of Dublin
Public Works Standards and Policies, the most current
requirements of the State Code Title 24 and the Americans
PW On-going
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
with Disabilities Act with regard to accessibility, and all
building and fire codes and ordinances in effect at the time
of building permit. All public improvements constructed by
Developer and to be dedicated to the City are hereby
identified as “public works” under Labor Code section 1771.
Accordingly, Developer, in constructing such improvements,
shall comply with the Prevailing Wage Law (Labor Code.
Sects. 1720 and following).
85. Clarifications and Changes to the Conditions. In the
event that there needs to be clarification to these Conditions
of Approval, the City Engineer has the authority to clarify the
intent of these Conditions of Approval to the Developer
without going to a public hearing. The City Engineer also
has the authority to make minor modifications to these
conditions without going to a public hearing in order for the
Developer to fulfill needed improvements or mitigations
resulting from impacts of this project.
PW On-going
86. Zone 7 Impervious Surface Fees. The Applicant shall
complete a “Zone 7 Impervious Surface Fee Application”
and submit an accompanying exhibit for review by the
Public Works Department. Fees generated by this
application will be due at issuance of Building Permit.
PW
Grading Permit
or Building
Permit Issuance
PUBLIC WORKS – AGREEMENTS AND BONDS
87. Tract Improvement Agreement. Developer shall enter
into an Improvement Agreement with the City for all public
improvements including any required offsite storm drainage
or roadway improvements that are needed to serve the
development, as determined by the City Engineer.
PW
Final Map
Approval or
Grading Permit
Issuance
88. Security. Developer shall provide faithful performance
security to guarantee the improvements, as determined by
the City Engineer (Note: The performance security shall
remain in effect until one year after final inspection).
PW
Final Map
Approval or
Grading Permit
Issuance
89. Storm Water Treatment Measures Maintenance
Agreement. Developer shall enter into an Agreement with
the City of Dublin that guarantees the property owner’s
perpetual maintenance obligation for all stormwater
treatment measures installed as part of the project,
including those on-site and within the public Right of Way
along St. Patrick Way. Said Agreement is required
pursuant to Provision C.3 of the Municipal Regional
Stormwater NPDES Permit, Order No. R2-2009-0074. Said
permit requires the City to provide verification and
assurance that all treatment devices will be properly
operated and maintained. The Agreement shall be recorded
against the property and shall run with the land.
PW Final Map
Approval
PUBLIC WORKS – PERMITS
90. Encroachment Permit. Developer shall obtain an
Encroachment Permit from the Public Works Department for
all construction activity within the public right-of-way of any
street where the City has accepted the street right of way.
The encroachment permit may require surety for slurry seal
and restriping. At the discretion of the City Engineer an
encroachment permit for work specifically included in an
Improvement Agreement may not be required.
PW Start of Work
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
91. Grading Permit. Developer shall obtain a Grading Permit
from the Public Works Department for all grading. PW Start of Work
PUBLIC WORKS - SUBMITTALS
92. All submittals of plans shall comply with the requirements of
the “City of Dublin Public Works Department Improvement
Plan Submittal Requirements”, the “City of Dublin
Improvement Plan Review Check List,” and current Public
Works and industry standards. A complete submittal of
improvement plans shall include all civil improvements, joint
trench, street lighting and on-site safety lighting, landscape
plans, and all associated documents as required. The
Developer shall not piecemeal the submittal by submitting
various components separately.
PW Improvement
Plan Approval
93. Developer will be responsible for submittals and reviews to
obtain the approvals of all participating non-City agencies.
The Alameda County Fire Department and the Dublin San
Ramon Services District shall approve and sign the
Improvement Plans.
PW Improvement
Plan Approval
94. Covenants, Conditions and Restrictions (CC&Rs). A
Homeowners Association shall be formed by recordation of
a declaration of Covenants, Conditions, and Restrictions to
govern use and maintenance of the landscape features,
decorative pavement and other features within the public
right of way contained in the Agreement for Long Term
Encroachments; all open space and common area
landscaping; and all stormwater treatment measures. Said
declaration shall set forth the Association name, bylaws,
rules and regulations. The CC&Rs shall also contain a
provision that prohibits the amendment of those provisions
of the CC&Rs requested by City without the City’s approval.
The CC&Rs shall ensure that there is adequate provision
for the maintenance, in good repair and on a regular basis,
of all private streets, landscaping & irrigation; decorative
pavements; fences/gates; walls; drainage and stormwater
treatment facilities; lighting; signs and other related
improvements. The CC&Rs shall also contain all other items
required by these conditions. The Developer shall submit a
copy of the CC&Rs document to the City for review.
PL, PW Final Map
Approval
95. Composite Exhibit. Construction plan set shall include a
Composite Exhibit showing all site improvements, utilities,
landscaping improvements and trees, etc. to be constructed
to ensure that there are no conflicts among the proposed
and existing improvements.
PW Improvement
Plan Approval
96. Geotechnical Report. Developer shall submit a Design
Level Geotechnical Report, which includes street pavement
sections and grading recommendations.
PW
Approval of
Improvement
Plans, and
Grading Plans
97. Ownership and Maintenance of Improvements.
Applicant shall submit an Ownership and Maintenance
Exhibit for review and approval by Planning Division and
Public Works Department. Maintenance shall include but
not be limited to, street cleaning of parking areas within
Campbell Lane along project frontage. Terms of
maintenance are subject to review and approval by the City
PL, PW
Final Map
Approval or
Grading Permit
Issuance
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
Engineer.
98. Building Pads, Slopes and Walls. Developer shall
provide the Public Works Department with a letter from a
registered civil engineer or surveyor stating that the building
pads have been graded to within 0.1 feet of the grades
shown on the approved Grading Plans, and that the top &
toe of banks and retaining walls are at the locations shown
on the approved Grading Plans.
PW Acceptance of
Improvements
99. Approved Plan Files. Developer shall provide the Public
Works Department a PDF format file of approved site plans,
including grading, improvement, landscaping & irrigation,
joint trench and lighting.
PW Improvement
Plan Approval
100. Master Files. Developer shall provide the Public Works
Department a digital vectorized file of the “master” files for
the project, in a format acceptable to the City Engineer.
Digital raster copies are not acceptable. The digital
vectorized files shall be in AutoCAD 14 or higher drawing
format. All objects and entities in layers shall be colored by
layer and named in English. All submitted drawings shall
use the Global Coordinate System of USA, California, NAD
83 California State Plane, Zone III, and U.S. foot.
PW Acceptance of
Improvements
PUBLIC WORKS - EASEMENTS AND ACCESS RIGHTS
101. Abandonment of Easements. Developer shall obtain
abandonment from all applicable public agencies of existing
easements and rights of way within the development that
will no longer be used.
PW
Final Map or
Improvement
Plan Approval
102. Acquisition of Easements. Developer shall acquire
easements, and/or obtain rights-of-entry from the adjacent
property owners for any improvements not located on their
property. The easements and/or rights-of-entry shall be in
writing and copies furnished to the Public Works
Department.
PW
Final Map or
Improvement
Plan Approval
103. Private Street Easements. Public Utility Easements (PUE),
Sanitary Sewer Easements (SSE) and Water Line
Easements (WLE) shall be established over all private
streets within the subdivision. The PUE, SSE and WLE
dedication statements on the Final Map are to recite that the
easements are available for, but not limited to, the
installation, access and maintenance of sanitary and storm
sewers, water, electrical and communication facilities.
Project entry monument signs and walls shall not be located
within these easements.
PW
Final Map and
Improvement
Plan Approval
104. Emergency Vehicle Access Easements. The Developer
shall dedicate Emergency Vehicle Access Easements
(EVAE) over the clear pavement width of all private streets.
Easement geometry shall be subject to the approval of the
City Engineer and Fire Marshall.
PW Final Map
PUBLIC WORKS - GRADING
105. Grading Plan. The Grading Plan shall be in conformance
with the recommendation of the Geotechnical Report, the
approved Tentative Map and Site Development Review,
and the City design standards & ordinances. In case of
conflict between the soil engineer’s recommendation and
the City ordinances, the City Engineer shall determine
PW Approval of
Grading Plans
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
which shall apply.
106. Erosion Control Plan. A detailed Erosion and Sediment
Control Plan shall be included with the Grading Plan
submittal. The plan shall include detailed design, location,
and maintenance criteria of all erosion and sedimentation
control measures.
PW Grading Plan
Approval
107. Retaining Walls. Tiebacks or structural fabric for retaining
walls shall not cross property lines, or shall be located a
minimum of 2’ below the finished grade of the upper lot.
PW Grading Plan
Approval
PUBLIC WORKS - IMPROVEMENTS
108. Public Improvements. The public improvements shall be
constructed generally as shown on the Vesting Tentative
Map and Site Development Review. However, the approval
of the Tentative Map and Site Development Review is not
an approval of the specific design of the drainage, sanitary
sewer, water, traffic circulation, parking, stormwater
treatment, sidewalks and street improvements.
PW Improvement
Plan Approval
109. Public Improvement Conformance. All public
improvements shall conform to the City of Dublin Standard
Plans, current practices, and design requirements and as
approved by the City Engineer.
PW Improvement
Plan Approval
110. Public Street Slopes. Public streets shall be a minimum
1% slope with minimum gutter flow of 0.7% around
bumpouts. Private streets and alleys shall be a minimum
0.5% slope.
PW Improvement
Plan Approval
111. Curb Returns. Curb Returns on arterial and collector
streets shall be 40-foot radius, all internal public streets curb
returns shall be minimum 30-foot radius (36-foot with bump
outs) and private streets/alleys shall be a minimum 20-foot
radius, or as approved by the City Engineer. Curb ramp
locations and design shall conform to the most current Title
24 and Americans with Disabilities Act requirements and as
approved by the Public Works Traffic Engineer.
PW Improvement
Plan Approval
112. Decorative Pavement. Any decorative pavers/paving
installed within City right-of-way shall be done to the
satisfaction of the City Engineer. Where decorative paving
is installed at signalized intersections, pre-formed traffic
signal loops shall be put under the decorative pavement.
Decorative pavements shall not interfere with the placement
of traffic control devices, including pavement markings. All
turn lane stripes, stop bars and crosswalks shall be
delineated with concrete bands or color pavers to the
satisfaction of the City Engineer. Maintenance costs of the
decorative paving shall be the responsibility of the
developer or future property owner.
PW Improvement
Plan Approval
113. Private Streets. The Developer shall establish private
street access rights and install complete street
improvements for the proposed private streets and alley
ways within the development as shown on the Vesting
Tentative Map.
PW Improvement
Plan Approval
114. Monuments. Final Maps shall include private street
monuments to be set in all private streets. Private street
monuments shall be set at all intersections and as
determined by the City Engineer.
PW Final Map
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
115. Private street and common area subdivision
improvements. Common area improvements, private
streets, private alleys and all other subdivision
improvements owned or maintained by the homeowners’
owners association/property manager are subject to review
and approval by the City Engineer prior to Final Map
approval and shall be included in the Tract Improvement
Agreement. Such improvements include, but are not limited
to: curb & gutter, pavement areas, sidewalks, access
ramps, driveways, parking and circulation in and at
structures; enhanced street paving; parking spaces; street
lights (wired underground) and appurtenances; drainage
facilities; utilities; landscape and irrigation facilities; open
space landscaping; stormwater treatment facilities; striping
and signage; and fire hydrants.
PW Improvement
Plan Approval
116. Traffic Signing and Striping. Developer shall install all
traffic signage, striping, and pavement markings as required
by the Public Works Department. PW
Certificate of
Occupancy or
Acceptance of
Improvements
117. Street Lighting. Street light standards and luminaries shall
be designed and installed or relocated as determined by the
City Engineer. The maximum voltage drop for streetlights is
5%.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
118. Water and Sewer Facilities. Developer shall construct all
potable and recycled water and sanitary sewer facilities
required to serve the project in accordance with DSRSD
master plans, standards, specifications and requirements.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
119. Fire Hydrants. Fire hydrant locations shall be approved by
the Alameda County Fire Department. A raised reflector
blue traffic marker shall be installed in the street opposite
each hydrant.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
120. Storm Drain Inlet Markers. All on-site storm drain inlets
must be marked with storm drain markers that read: “No
dumping, drains to creek.” The stencils may be purchased
from the Public Work Department.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
121. Utilities. Developer shall construct gas, electric, telephone,
cable TV, and communication improvements within the
fronting streets and as necessary to serve the project and
the future adjacent parcels as approved by the City
Engineer and the various Public Utility agencies.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
122. Utility Locations. All electric, telephone, cable TV, and
communications utilities, shall be placed underground in
accordance with the City policies and ordinances. All utilities
shall be located and provided within public utility easements
or public services easements and sized to meet utility
company standards.
PW
Certificate of
Occupancy or
Acceptance of
Improvements
123. Utility Vaults and Boxes. All utility vaults, boxes, and
structures, unless specifically approved otherwise by the
City Engineer, shall be underground and placed in
landscaped areas and screened from public view. Prior to
Joint Trench Plan approval, landscape drawings shall be
submitted to the City showing the location of all utility vaults,
boxes, and structures and adjacent landscape features and
plantings. The Joint Trench Plans shall be signed by the
PW
Certificate of
Occupancy or
Acceptance of
Improvements
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
City Engineer prior to construction of the joint trench
improvements.
124. Street Signs. Developer shall furnish and install street
name signs, traffic signs and markings for the project as
required by the City Engineer. PW
Certificate of
Occupancy or
Acceptance of
Improvements
PUBLIC WORKS - CONSTRUCTION
125. Erosion Control Implementation. The Erosion and
Sediment Control Plan shall be implemented between
October 1st and April 30th unless otherwise allowed in
writing by the City Engineer. The Developer will be
responsible for maintaining erosion and sediment control
measures for one year following the City’s acceptance of
the improvements.
PW On-going as
needed
126. Archaeological Finds. If archaeological materials are
encountered during construction, construction within 100
feet of these materials shall be halted until a professional
Archaeologist who is certified by the Society of California
Archaeology (SCA) or the Society of Professional
Archaeology (SOPA) has had an opportunity to evaluate the
significance of the find and suggest appropriate mitigation
measures.
PW On-going as
needed
127. Construction Activities. Construction activities, including
the idling, maintenance, and warming up of equipment,
shall be limited to Monday through Friday, and non-City
holidays, between the hours of 7:30 a.m. and 5:30 p.m.
except as otherwise approved by the City Engineer.
Extended hours or Saturday work will be considered by the
City Engineer on a case-by-case basis. Note that the
construction hours of operation within the public right of way
are more restrictive.
PW On-going as
needed
128. Temporary Fencing. Temporary Construction fencing
shall be installed along the perimeter of all work under
construction to separate the construction operation from the
public. All construction activities shall be confined 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.
PW
Start of
Construction
and On-going
129. Construction Noise Management Plan. Developer shall
prepare a construction noise management plan that
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 provided prior to project
construction.
PW
Start of
Construction
Implementation,
and On-going as
needed
130. Traffic Control Plan. Closing of any existing pedestrian
pathway and/or sidewalk during construction shall be
implemented through a City approved Traffic Control Plan
and shall be done with the goal of minimizing the impact on
pedestrian circulation.
PW
Start of
Construction
and On-going as
needed
131. Construction Traffic Interface Plan. Developer shall PW Start of
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
prepare a plan for construction traffic interface with public
traffic on any existing public street. Construction traffic and
parking may be subject to specific requirements by the City
Engineer.
Construction;
Implementation,
and On-going as
needed
132. Pest Control. Developer shall be responsible for
controlling any rodent, mosquito, or other pest problem due
to construction activities.
PW On-going
133.
Dust Control Measures. Developer shall be responsible
for watering or other dust-palliative measures to control dust
as conditions warrant or as directed by the City Engineer.
PW
Start of
Construction;
Implementation
On-going as
needed
134. Construction Traffic and Parking. All construction related
parking shall be off street in an area provided by the
Developer. Construction traffic and parking shall be
provided in a manner approved by the City Engineer to
minimize impact on BART patrons.
PW On-going
PUBLIC WORKS - NPDES
135. Stormwater Treatment. The project qualifies as a
Category C Special Project – Transit-Oriented Development
as defined in the NPDES Municipal Regional Permit (MRP).
Planting within all bioretention areas or similar LID
landscape-based stormwater treatment measures shall
adhere to the guidelines summarized in the most current
version of Appendix B to the C.3 Stormwater Technical
Guidance Handbook published by the Alameda County
Clean Water Program.
PW
Building Permit
Issuance and
Grading Permit
Issuance
136. Media Filters. All media filters used for stormwater
treatment shall have been certified under the Washington
State Department of Ecology Technical Assessment
Protocol – Ecology (TAPE) General Use Level Designation
(GULD) for Basic Treatment. All media filters shall be
hydraulically sized based on the criteria specified in the
Municipal Regional Permit Provision C.3.d and the design
operation rate for which the product received TAPE GULD
certification for Basic Treatment.
PW
Building Permit
Issuance and
Grading Permit
Issuance
137. NOI and SWPPP. Prior to any clearing or grading,
Developer shall provide the City evidence that a Notice of
Intent (NOI) has been sent to the California State Water
Resources Control Board per the requirements of the
NPDES. A copy of the Storm Water Pollution Prevention
Plan (SWPPP) shall be provided to the Public Works
Department and be kept at the construction site.
PW
Start of Any
Construction
Activities
138. SWPPP. The Storm Water Pollution Prevention Plan
(SWPPP) shall identify the Best Management Practices
(BMPs) appropriate to the project construction activities.
The SWPPP shall include the erosion and sediment control
measures in accordance with the regulations outlined in the
most current version of the ABAG Erosion and Sediment
Control Handbook or State Construction Best Management
Practices Handbook. The Developer is responsible for
ensuring that all contractors implement all storm water
pollution prevention measures in the SWPPP.
PW
SWPPP to be
Prepared Prior
to Approval of
Improvement
Plans;
Implementation
Prior to Start of
Construction
and On-going as
needed
139. Stormwater Management Plan. Construction Plans shall PW Approval of
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
include a Stormwater Management Plan subject to review
and approval of the City Engineer.
Improvement
Plans and
Building Permit
Issuance
140. Trash Capture. Specific information is required on the
construction plan set demonstrating how MRP Provision
C.10 (trash capture) requirements are met. Trash capture
devices to be used shall be listed and details shown on
plans.
PW
Approval of
Improvement
Plans and
Building Permit
Issuance
PUBLIC WORKS - SPECIAL CONDITIONS
141. Approval. The Vesting Tentative Map approval for Tract
8460, for Condominium Purposes, PLPA 2017-00069,
establishes the design concepts and expectations for the
Vesting Tentative Tract Map. The Vesting Tentative Tract
Map shall generally conform to the SDR and Tentative Map
plans submitted by CB&G Engineers, submitted March 5,
2018, on file with the Community Development Department,
and other plans, text, and diagrams relating to this Tentative
Tract Map, unless modified by the Conditions of Approval
contained herein.
PL, PW
On-going
142. Final Map Recordation. Tract Map 8460 shall record prior
to the issuance of a building permit.
PW Building Permit
Issuance
143. Wells or Exploratory Boring. Any water well, 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.
PW Through
Completion
144. Landscape Features within Public Right of Way.
• The Developer shall enter into an “Agreement for
Long Term Encroachments” with the City to allow
the Homeowner’s Association/Property Manager to
maintain the sidewalk, landscape and decorative
features within public Right of Way including
frontage landscaping and special features (i.e.,
walls, portals, benches, stormwater treatment
facilities, etc.) as generally shown on the Site
Development Review/Vesting Tentative Map
package. The Agreement shall identify the
ownership of the special features and maintenance
responsibilities.
• If property owners adjacent to public Right of Way
along St. Patrick Way constructed with this project
enter into an “Agreement for Long Term
Encroachments” with the City to allow the
Homeowner’s Association/Property Managers to
maintain the portion of sidewalk, landscape and
decorative features within the public Right of Way
including frontage landscaping and special features
(i.e. walls, portals, benches, stormwater treatment
facilities, etc.) along their respective property
frontages, the Developer shall be released of the
maintenance responsibility of these specific areas,
but will remain responsible for these features within
PW Final Map
Approval
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
the public Right of Way along their property
frontage.
145. Parking Structure.
• Parking Structure shall be landscaped per DMC
Section 8.76.070.A.18.
• Parking stall dimensions shall have a clear width of
9-feet to edge of columns.
• Parking stalls shall be a minimum of 9’ x 18’
• Parking structure access and gate shall be such to
provide a turnaround area for guests not able to
access the garage, and be designed to allow
residents to access the parking garage
independently from a guest waiting for access.
PW
Grading Permit
or Building
Permit Issuance
146. Utility Services to Adjacent Property to the West.
Existing utility main lines within “Entry Drive” are shown to
be removed and new main lines installed. The adjacent site
to the west is serviced off those main lines. The Developer
shall notify and coordinate with the adjacent property
owner(s) regarding any interruption in utility services. The
Developer shall submit to the City copies of notifications.
PW
Approval of
Improvement
Plans and
Ongoing
147. Landscaping on Adjacent Properties.
The Developer shall obtain written authorization to enter
and construct improvements on the adjacent properties as
shown on the SDR/VTM package. The Developer shall
submit a copy of the written authorization to the City.
• Landscaping on adjacent properties shall blend with
existing features/landscaping on those properties.
PW
Final Map and
Improvement
Plan Approval
148. Concrete Step-Out. There shall be an additional 6” wide
concrete step-out at landscaped areas adjacent to driver
side and passenger side of parking stalls on construction
plan set.
PW Improvement
Plan Approval
149. Decorative Pavement. Decorative pavement within the
public right-of-way is subject to the approval of the City
Engineer.
PW Improvement
Plans Approval
150. Storm Drain Access Easement. The Developer shall
dedicate a storm drain access easement over the proposed
EVAE at the east side of the project to allow the City to
access the existing storm drain facility located off-site to the
east of the project for maintenance purposes.
PW Final Map
151. Easements. The Developer shall be responsible for
obtaining all dedications of easements on-site and off-site.
The applicant shall be responsible for preparation of all
required documentation for dedication of all easements on-
site and off-site.
PW
Improvement
Plan Approval
152. Construction on Adjacent Properties. The Developer
shall be responsible for obtaining written authorization for
right of entry and construction of improvements on adjacent
property sites. The Developer shall submit a copy of the
written authorization to the City
PW
Final Map or
Improvement
Plan Approval
153. St. Patrick Way.
• The Developer shall irrevocably dedicate public
right-of-way, subject to the terms of a Community
Benefit Agreement between the Developer and the
City, for the construction of St. Patrick Way public
PW
Final Map or
Improvement
Plan Approval
and Acceptance
of Improvements
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
right-of-way consistent with the alignment shown on
Sheet C3.0 of the Vesting Tentative Map.
• The Developer shall be responsible for and provide
all required documentation for the irrevocable
dedication of this public right-of-way both on-site and
off-site.
• Developer shall construct all improvements at St.
Patrick Way as shown on the Vesting Tentative Map
and in accordance with current Public Works
standards, which may include, but are not limited to:
installation of asphalt pavement, new or replacement
of existing concrete curb, gutter, and sidewalk;
planting of new street trees and any appurtenant
irrigation; relocation of existing utilities; placement of
all new utilities underground; installation of new
street lights; installation of new or modification of
existing storm drainage facilities and stormwater
treatment facilities. The lane configuration striping
shall be as generally shown on the Vesting Tentative
Map. Modifications shall be subject to approval by
the City Engineer.
• Drainage behind proposed walls along the northerly
sidewalk at St. Patrick Way shall be collected and
conveyed underground to the storm drain system.
Wall Scuppers shall not be allowed.
• St. Patrick Way shall be constructed with a Traffic
Index (TI) of 11.
• Applicant/Developer shall provide all necessary
documentation, including, but not limited to noticing
for public hearings, legal descriptions and plat maps,
and right of way maps, to effectuate the acceptance
of St. Patrick Way right of way as a public street and
to rescind the previously established right of way
line, as necessary and subject to the determination
of the City Engineer, in accordance with Chapter
7.68 of the DMC.
154. St. Patrick Way Landscape Improvements.
• Design of the irrigation system within the public
right-of-way at St. Patrick Way shall be such the
applicant will be responsible for irrigation and
maintenance of the proposed landscaped areas
along adjacent property frontages and within the
public Right of Way at St. Patrick Way.
• Irrigation shall be designed to allow for the possibility
of irrigation to landscape areas within the public
right-of-way along adjacent property frontages to be
connected to and maintained by those adjacent
property owners in the future.
• Landscaping and trees along St. Patrick Way shall
be consistent with the City’s Streetscape Master
Plan and blend with the existing landscaping and
street trees along St. Patrick Way to the east
extending to Golden Gate Drive. This shall also
include any proposed street furniture (i.e. benches,
PW Final Map or
Improvement
Plan Approval
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
trash receptacles, etc.).
155. String Lighting. String Lighting at St. Patrick Way is
subject to the review and approval of the City Engineer and
Fire Marshall.
PW
Improvement
Plan Approval
156. Community Benefit Agreement. Improvements set forth
in the Community Benefit Agreement between the City of
Dublin and the Developer shall be shown on the
Improvement Plans.
PW
Final Map and
Improvement
Plan Approval
157. Western Dublin Traffic Impact Fee. Applicant shall pay
the Western Dublin Traffic Impact Fee to fulfill Fair Share
obligation for the installation of a traffic signal at the
intersection of St. Patrick Way and Golden Gate Drive.
PW Final Map
158. Eastern Dublin Transportation Impact Fee Credits. The
Developer shall be eligible for credits as stated in the
Western Dublin Transportation Impact Fee Update: Final
Report (WDTIF), dated August 2016, for public right-of-way
dedicated and improvements constructed at St. Patrick
Way. Amounts of credit shall be consistent with areas
dedicated and improvements constructed, not to exceed the
amount set forth in the WDTIF.
PW
Final Map
159. Private Access Easement (PAE).
• The Developer shall provide an accessible
pedestrian path from the westerly property line to the
easterly within the PAE.
• An additional pedestrian access location shall be
added near the curved section of the EVA road
(southeast corner) with a gate to allow access
through the BART property. This will be in addition
to the access location shown to the north at the EVA
entrance location from West Street
PW
Final Map and
Improvement
Plan Approval
160. Public Service Easements (PSE). A 5’ Public Service
Easement(s) shall be dedicated along the project’s St.
Patrick Way to allow for the proper placement of public
utility vaults, boxes, appurtenances or similar items behind
the back-of-sidewalk. Private improvements such as fences,
gates or trellises shall not be located within the public
service easements.
PW
Final Map
161. Stormwater Management. The provided Stormwater
Management Plan, Sheet C6.0 of the Vesting Tentative
Map, prepared by Carlson, Barbee & Gibson, Inc. dated
3/5/2018 is approved in concept only, except as noted
below. The final Stormwater Management Plan is subject to
City Engineer approval prior to approval of the Improvement
Plans. Approval is subject to the developer providing the
necessary plans, details, and calculations that demonstrate
the plan complies with the standards issued by the San
Francisco Bay Regional Water Quality Control Board.
• LID treatment reduction credit shall conform to C.3
Stormwater Technical Guidance, and is subject to
the review and approval of the City Engineer.
Infeasibility of LID treatment must be demonstrated
to the satisfaction of the City Engineer.
• Use of Interceptor Trees for stormwater treatment
credit shall conform to the c.3 Stormwater Technical
PW Final Map and
Improvement
Plan Approval
CONDITION TEXT RESPON.
AGENCY
WHEN REQ’D
Prior to:
Guidance Handbook, and is subject to the review
and approval of the City Engineer.
162. Trash Room Chute Plan. Trash room/chute plan shall be
adjusted to accommodate the use of 4-yard non-compacted
trash bins and recycle bins as an alternative to 2-yard
compacted trash. This could be achieved by lowering the
floor of the trash rooms by 2 feet. Alternatively, the location
of where the chute meets the ground floor trash room could
be adjusted to allow space for 2-yard bins to catch material
disposed of on the first floor and 4-yard bins for material
coming from the 2nd-5th floors. The building shall be built
to accommodate non-compacted collection should that be
desired for use in the future.
PW Issuance of
Building Permit
PASSED, APPROVED AND ADOPTED this 1st day of May 2018 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
________
City Clerk
Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com
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0
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127'-6"297'-0"101'-8"526'-2"
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19
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24
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6'-0"
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6'
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8
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1
0
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161'-3"
173'-4"
62
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1
1
"
70'-0"
17
4
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-
0
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33'-10"
5'
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0
"
10'-6"
24'-0"
5'-0"5'-0"
6'
-
0
"
8'
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17'-0"
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Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com
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P2
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288'-9"
38
6
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0
"
23
5
'
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1
0
"
28
4
'
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9
"
52
0
'
-
6
"
625'-7"
336'-11"
127'-6"297'-0"101'-8"526'-2"
17
0
'
-
1
"
279'-10"
19
7
'
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1
0
"
15'-0"
6'
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0
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1'-6"
TYP.
5'-6"
6'-0"
9'-3"
6'
-
6
"
5'
-
0
"
24'-0"
5'-0"5'-0"
6'
-
0
"
8'
-
0
"
17'-0"
Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com
DU
B
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288'-9"
38
6
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0
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23
5
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9
"
28
4
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9
"
52
0
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-
6
"
625'-7"
336'-11"
127'-6"297'-0"101'-8"526'-2"
17
0
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-
1
"
279'-10"
19
7
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6'
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9'-0"
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18'-0"
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41
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24
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18
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1'-6"
TYP.
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6'-0"
9'-3"
6'
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6
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5'
-
0
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24'-0"
5'-0"5'-0"
6'
-
0
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8'
-
0
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17'-0"
Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com
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38
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625'-7"
336'-11"
127'-6"297'-0"101'-8"526'-2"
17
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279'-10"
19
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24'-0"
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6'
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Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com
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MARCH 13, 2018 A8.0MATERIAL AND COLOR BOARD
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DUBLIN, CA # 2017-0486
ST. PATRICK WAY SCHEMATIC DESIGN: SUBMITTAL #3
MARCH 13, 2018 A8.1MATERIAL AND COLOR BOARD
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DUBLIN, CA # 2017-0486
ST. PATRICK WAY SCHEMATIC DESIGN: SUBMITTAL #3
MARCH 13, 2018 A8.1MATERIAL AND COLOR BOARD
580 HIGHWAY - BUILDING LANGUAGE BNTS
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ST. PATRICK WAY SCHEMATIC DESIGN: SUBMITTAL #3
MARCH 13, 2018 A8.1MATERIAL AND COLOR BOARD
580 HIGHWAY - BUILDING LANGUAGE BNTS
1. Rear Elevation: View from Interstate 580
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L5.1STREETSCAPE
Pedestrian Scale Pole
Light at St. Patrick Way,
by Landscapeforms - City
Standard
Tree Grate Kiva 4’x8’ by
Urban Accessories - City
Standard
Scarborough Bench
by Landscapeforms - City
Standard
Scarborough Litter Receptacle
by Landscapeforms - City
Standard
Emerson Bike Rack
by Landscapeforms
Street Tree - Pyrus calleryana
‘redspire’ - City Standard
Streetscape Planting Stormwater Treatment Area Planting Decorative Street Art/Element Street Event
Street Market
Central Stamped Asphalt Paving
Stamped Asphalt Crosswalk Paving -
City Standard
String Lights
Street Engagement -Parklet
Seating Group
MARCH 16, 2018
L5.2
RESIDENTIAL
Acoustic Fence (580
Corridor Side)
Wire Mesh fence (East Property
Edge)
Planter Pots
Spa Wall
BBQ Island
Stone Bench Outdoor Dining Glass Pool Fence Wood Deck Lounge
Fireplace
Good Neighbor Fence (West
Property Edge)
Metal Trellis Reflection Fountain
Stamped Asphalt
Accent Paving with Planting Pedestrian Accent PavingPlanting Pocket with
Decorative Cobble
Accent Pavering
Decorative Cobble with Paving
Pool Area with Lounge Furniture
MARCH 16, 2018
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LOT 1
SHEET INDEX
C1.0 VESTING TENTATIVE MAP
C2.0 BOUNDARY & EXISTING CONDITIONS
C2.1 EXISTING UTILITIES & EASEMENTS
C3.0 SITE PLAN
C4.0 PRELIMINARY UTILITY PLAN
C5.0 PRELIMINARY GRADING & DRAINAGE PLAN
C6.0 PRELIMINARY STORMWATER CONTROL PLAN
C7.0 PRELIMINARY EROSION CONTROL PLAN
C8.0 FIRE ACCESS & SERVICE PLAN
LEGEND
PROPOSED DESCRIPTIONEXISTING
GENERAL NOTES
CONTACTS
VICINITY MAP
SITE
DUBLIN, CA # 2763
ST. PATRICK WAY
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.TRACT MAP 8460
VESTING TENTATIVE MAP FOR
CONDOMINIUM PURPOSES
MARCH 5, 2018
C1.0
0 40 8020
VESTING TENTATIVE MAP
MARCH 16, 2018
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8
PARCEL ONE
DUBLIN, CA # 2763
ST. PATRICK WAY
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.TRACT MAP 8460
VESTING TENTATIVE MAP FOR
CONDOMINIUM PURPOSES
MARCH 5, 2018
C2.0
0 30 6015
BOUNDARY & EXISTING CONDITIONS
LEGEND
NOTE:
MARCH 16, 2018MARCH 16, 2018
DUBLIN, CA # 2763
ST. PATRICK WAY
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.TRACT MAP 8460
VESTING TENTATIVE MAP FOR
CONDOMINIUM PURPOSES
MARCH 5, 2018
C2.1
0 30 6015
EXISTING UTILITIES & EASEMENTS
LEGEND
NOTE:
MARCH 16, 2018
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8
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COURTYARD C
COURTYARD A
COURTYARD B
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GARAGE
ENTRY
LOBBY
LOBBY
AMENITY
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AMENITY
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WORK
LOBBY
PROPOSED 71' ST. PATRICK RIGHT OF WAY WITH PARKING
PROPOSED 58' ST. PATRICK RIGHT OF WAY WITH PARKING
PROPOSED 26' ENTRY DRIVE STREET SECTION
PROPOSED 26' FIRE APPARATUS ACCESS ROAD
PARKING SUMMARY
SITE CALCULATIONS
LEGEND:
DUBLIN, CA # 2763
ST. PATRICK WAY
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.TRACT MAP 8460
VESTING TENTATIVE MAP FOR
CONDOMINIUM PURPOSES
MARCH 5, 2018
C3.0
0 30 6015
SITE PLAN
NOTE:
MARCH 16, 2018
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PROPOSED
GARAGE
COURTYARD C
COURTYARD A
COURTYARD B
FIRE APPA
R
A
T
U
S
ACCESS R
O
A
D
(
E
V
A
E
)
AE
R
I
A
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F
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A
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C
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S
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A
D
(
E
V
A
E
)
P
DUBLIN, CA # 2763
ST. PATRICK WAY
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.TRACT MAP 8460
VESTING TENTATIVE MAP FOR
CONDOMINIUM PURPOSES
MARCH 5, 2018
C4.0
0 30 6015
PRELIMINARY UTILITY PLAN
UTILITY NOTES:
DESCRIPTIONEXISTINGPROPOSED
LEGEND:
ABBREVIATIONS
P
MARCH 16, 2018
SECTION B
SECTION C
SECTION E SECTION F
SECTION G
SECTION J
344
.
1
350
.
3
349
.
9
351
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0
345
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4
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6
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5
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2
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8
UP
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PROPOSED
GARAGE
COURTYARD C
COURTYARD A
COURTYARD B
B
C
D
E
F
G
J
FF 350.6
FF 348.6
FF 350.6
FF 350.6
FF 350.6
FF 348.6
FF 348.6
FF 350.6
A
AE
R
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A
L
F
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D
(
E
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)
EN
T
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Y
D
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I
V
E
H
I
P
FF 346.4
SECTION D
SECTION A
SECTION I
SECTION H
DUBLIN, CA # 2763
ST. PATRICK WAY
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.TRACT MAP 8460
VESTING TENTATIVE MAP FOR
CONDOMINIUM PURPOSES
MARCH 5, 2018
C5.0
0 30 6015
PRELIMINARY GRADING & DRAINAGE PLAN
DESCRIPTIONEXISTINGPROPOSED
LEGEND:ABBREVIATIONS
NOTE:
P
MARCH 16, 2018
344
.
1
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8
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PROPOSED
GARAGE
COURTYARD C
COURTYARD A
COURTYARD B
BR 1
BR 5
DMA 1
DMA 8
DMA 9 DMA 10
MF 8
BR 6 MF 9
MF 10
BR 11
DMA 6
FIRE APP
A
R
A
T
U
S
ACCESS R
O
A
D
(
E
V
A
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)
AE
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A
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D
(E
V
A
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)
DMA 7
DMA 11
BR 7
DMA 12
DMA 2
DMA 3
DMA 4
DMA 5
BR 4
BR 3
BR 2
TYPICAL BIO-RETENTION DETAIL
TYPICAL ST PATRICK WAY
BIO-RETENTION DETAIL
DUBLIN, CA # 2763
ST. PATRICK WAY
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.TRACT MAP 8460
VESTING TENTATIVE MAP FOR
CONDOMINIUM PURPOSES
MARCH 5, 2018
C6.0
0 30 6015
PRELIMINARY STORMWATER CONTROL PLAN
DESCRIPTIONEXISTINGPROPOSED
LEGEND:
ABBREVIATIONS
NOTE
DMA 1
≥
SPECIAL PROJECT NON-LID
TREATMENT REDUCTION CREDITS
P
P
ON-SITE C.3 TREATMENT SUMMARY (MEDIA FILTER)
DMA TREATMENT
TYPE
SIZING
METHOD
TREATMENT DEVICE
DESIGNATION
TOTAL DMA
AREA (SF)
IMPERVIOUS
AREA (SF)
PERVIOUS
AREA (SF)
EFFECTIVE IMPERVIOUS AREA (SF)
(IMPERVIOUS + PERVIOUS X 0.1) REQUIRED TREATMENT FLOW (CFS)
ON-SITE C.3 TREATMENT SUMMARY
DMA TREATMENT
TYPE
SIZING
METHOD
TREATMENT DEVICE
DESIGNATION
TOTAL DMA
AREA (SF)
IMPERVIOUS
AREA (SF)
PERVIOUS
AREA (SF)
EFFECTIVE IMPERVIOUS AREA (SF)
(IMPERVIOUS + PERVIOUS X 0.1)
EFFECTIVE IMPERVIOUS AREA WITH
INTERCEPTOR TREE CREDITS APPLIED
REQUIRED
BIORETENTION
AREA (SF)
PROVIDED
BIORETENTION
AREA (SF)
TREE CREDIT SUMMARY
DMA TREE TYPE NUMBER OF
TREES IN DMA
EXISTING TREE
CANOPY (SF)
EVERGREEN
TREE (200 SF
CREDIT / TREE)
DECIDUOUS
TREE (100 SF
CREDIT / TREE)
TREE
CREDIT (SF)
TOTAL
CREDIT (SF)
OFF-SITE C.3 TREATMENT SUMMARY (BIORETENTION)
DMA TREATMENT
TYPE
SIZING
METHOD
TREATMENT DEVICE
DESIGNATION
TOTAL DMA
AREA (SF)
IMPERVIOUS
AREA (SF)
PERVIOUS
AREA (SF)
EFFECTIVE IMPERVIOUS AREA (SF)
(IMPERVIOUS + PERVIOUS X 0.1)
EFFECTIVE IMPERVIOUS AREA WITH
INTERCEPTOR TREE CREDITS APPLIED
REQUIRED
BIORETENTION
AREA (SF)
PROVIDED
BIORETENTION
AREA (SF)
MARCH 16, 2018
344
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PROPOSED
GARAGE
COURTYARD C
COURTYARD A COURTYARD B
FIRE APP
A
R
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U
S
ACCESS R
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D
(
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P
DUBLIN, CA # 2763
ST. PATRICK WAY
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.TRACT MAP 8460
VESTING TENTATIVE MAP FOR
CONDOMINIUM PURPOSES
MARCH 5, 2018
C7.0
0 30 6015
PRELIMINARY EROSION CONTROL PLAN
LEGEND
P
MARCH 16, 2018
UP
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PROPOSED
GARAGE
COURTYARD C
COURTYARD A
COURTYARD B
EN
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ACCESS ROAD
FIRE APPARATUS
ACCESS ROAD (E
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(
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)
LEGEND:
ALAMEDA COUNTY FIRE TRUCK TURNING TEMPLATE
DUBLIN, CA # 2763
ST. PATRICK WAY
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.TRACT MAP 8460
VESTING TENTATIVE MAP FOR
CONDOMINIUM PURPOSES
MARCH 5, 2018
C8.0
0 40 8020
FIRE ACCESS & SERVICE PLAN
NOTE:
MARCH 16, 2018
RESOLUTION NO. XX - 18
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A COMMUNITY BENEFIT AGREEMENT BETWEEN THE CITY OF DUBLIN AND BAYVIEW DEVELOPMENT GROUP
WHEREAS, Bayview Development Group has proposed the construction of a
market rate apartment project in Downtown Dublin at 6700 Golden Gate Drive; and WHEREAS, the project consists of 499 apartments, including studios, one and two-bedroom units, as well as 1,500 square feet of commercial space; and
WHEREAS, Bayview submitted a Site Development Review Permit application to demolish the existing partially vacant 204,624 square foot warehouse building, construct the ultimate extension of St. Patrick Way and construct a five story, 499-unit apartment community and related site improvements. The proposed project also includes a
request for a Vesting Tentative Map for condominium purposes; and
WHEREAS, the Planning Commission adopted Resolution 18-07 denying the Site Development Review Permit and Vesting Tentative Map 10809; and
WHEREAS, Bayview appealed the action of the Planning Commission to City
Council in accordance with Dublin Municipal Code Chapter 8.136; and
WHEREAS, Bayview is seeking 499 units from the residential development pool and 1,500 square feet from the commercial development pool. In exchange for this
allocation, Bayview will contribute community benefits in the form of off-site dedications,
funding, and improvements; and
WHEREAS, Bayview is acquiring and then dedicating to the City a 1.33-acre site at 6541 Regional Street for the purposes of a future affordable housing project, which
would, upon the City Council making the findings herein, satisfy the requirements of
Chapter 8.68 (Inclusionary Zoning Regulations); and
WHEREAS, Bayview will provide street improvements and enhancements (estimated at $200,000) along the new segment of St. Patrick Way so that the street
can function as a usable event and festival space for Downtown activation as further
described in Exhibit B of the Agreement; and
WHEREAS, Bayview will dedicate approximately .28 acres of a parcel north of the property to complete the right of way improvements for the extension of St. Patrick
Way; and
WHEREAS, Bayview will include 1,500 square feet of commercial space within the building for use as co-work space to assist small businesses, telecommuters and
entrepreneurs for a period of at least five years; and
WHEREAS, the term of the Agreement shall commence on the Effective Date and shall extend until the earlier of the following: 1) the Developer has provided the Community Benefit to the City as provided in Section 3 of this Agreement, 2) any of the
Project Approvals expires, or 3) Two years after the Effective Date plus any extensions
granted pursuant Section 4.2 of this Agreement. WHEREAS, Section 8.68.040.E of the Dublin Zoning Ordinance allows the City Council, at its discretion, to waive, wholly or partially, the requirements of the
Inclusionary Zoning Regulations and approve an alternate method of compliance if the
applicant demonstrates, and the City Council finds, that such alternate methods meet the purposes of the Inclusionary Zoning Chapter; and WHEREAS, the purpose of the Inclusionary Zoning Regulations are to enhance
the public welfare and assure that further housing development contributes to the
attainment of the City’s housing goals by increasing the production of residential units
affordable by households of very-low, low and moderate-income and assure that the limited remaining developable land in the City’s planning area is utilized in a manner consistent with the City’s housing policies and needs.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds that
Bayview’s proposed alternate method of compliance with the Inclusionary Zoning Regulations through the dedication of the 1.33-acre site to the City for an affordable housing purpose meets the purposes of the Inclusionary Zoning Regulations for the
following reasons:
1. The dedication of 1.33 acres of land for affordable housing will facilitate the development of an affordable rental project of up to 113 units, likely at much deeper affordability than would be required by the Inclusionary Zoning Regulations.
2. In addition, the size, location, and type of the units in the 499-unit market
rate project are likely to produce housing that will be beneficial to many economic segments, both directly. by making a substantial number of units available at reasonable rents. and indirectly, by substantially increasing the supply of rental housing
available in the community.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby approves the Community Benefit Agreement between the City of Dublin and Bayview Development Group, as attached as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the Agreement and gives the City Manager authority to execute any minor
amendments to the Agreement, as needed, to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 1st day of May, 2018, by the following vote:
AYES: NOES:
ABSENT:
ABSTAIN: ______________________________
Mayor
ATTEST: _________________________________ City Clerk
–1–
CITY OF DUBLIN COMMUNITY BENEFIT PROGRAM AGREEMENT
Bayview Development Group, 6700 Golden Gate Drive Project
This Community Benefit Program Agreement (“Agreement”) is en tered into on
this day _____ of ___________, 2018, by and between the City of Dublin, a municipal
corporation (“City”) and Bayview Development Group, Inc., a California corporation
(“Developer”). City and Developer are, from time-to-time, individually referred to in this
Agreement as a “Party,” and are collectively referred to as “Parties.”
RECITALS
A. On February 1, 2011, the City adopted Resolution No. 9-11 establishing a
“Downtown Dublin Specific Plan,” which sets forth a comprehensive set of guiding
principles, standards, and design guidelines for the implementation of future
development in Downtown Dublin (“the Specific Plan Area”). On May 6, 2014 and
October 7, 2014, the City Council adopted, respectively, Resolution Nos. 49 -14 and
170-14 amending the Downtown Dublin Specific Plan. The Downtown Dublin Specific
Plan, as amended, is herein referred to as “the Specific Plan.”
B. The Specific Plan regulates the density of development allowed in the
Specific Plan Area by establishing a “Base Floor Area Ratio (FAR)” for development in
each of the three districts within the Specific Plan Area.
C. The Specific Plan also establishes a pool of additional development
potential, in the form of 2,262,540 square feet of non-residential development and 2,500
residential dwelling units (collectively “the Excess Capacity”) apportioned between the
three districts in the Specific Plan Area. The pool can be used by developers that (a)
propose to develop projects that exceed the Base FAR up to a defined “Maximum FAR”
and (b) propose to develop residential dwelling units. Developers utilizing Excess
Capacity must participate in the Community Development Program and enter into a
Community Benefit Program Agreement with the City.
D. Developer proposes to develop certain property consisting of
approximately 8.53 acres of land and buildings located in the City of Dublin, County of
Alameda, State of California, which is more particularly described in Exhibit A attached
hereto and incorporated herein by this reference, and which real property is hereafter
called the “Property.”
E. In conjunction with development of the Property, Developer proposes to
convey 1.33 acres of land and buildings adjacent to the Property (“the Adjacent
Property”), which property is referred to variously as 6541 and 6543 Regional Street
and Alameda County Assessor’s Parcel No. 941-1500-25.
F. Developer seeks units from the Development Pool in order to construct a
residential project on the Property (“the “Project”).
G. Developer anticipates that upon or in anticipation of receiving entitlements,
it will transfer Developer’s interest in the Adjacent Property to the City or to a non-profit
–2–
affordable housing developer (“Affordable Housing Developer”) for the purpose of
developing affordable housing on the Adjacent Property.
H. In addition to satisfying the Project’s obligations under the City’s
Inclusionary Zoning Regulations, the transfer of the ownership of the Adjacent Property
to the City or to the Affordable Housing Developer will serve as a component of the
Community Benefit required in exchange for the allocation of units from the
Development Pool.
I Developer has applied for a Site Development Review for the Property,
which approval, if granted, together with any approvals or permits now or hereafter
issued with respect to the Project are referred to as the “Project Approvals.”
J The City and Developer have reached agreement with respect to the
Community Benefit and desire to express herein a Community Benefit Program
Agreement clearly setting forth the Community Benefit to be provided by the Developer,
the scope and nature of excess development capacity to be granted to Developer in
exchange for said Community Benefit, and the means by which Developer will satisfy
the Inclusionary Zoning Regulations.
K. The Project is subject to and in compliance with the Specific Plan, for
which a Specific Plan a Program EIR was certified by CITY in Resolution No. 08-11,
and updated with the Addendum to Specific Plan EIR as adopted by CITY in Resolution
No. 50-14 (“Specific Plan EIR”) pursuant to the California Environmental Quality Act,
and the CEQA Guidelines promulgated thereunder (collectively, “CEQA”). Pur suant to
CEQA Guidelines section 15168, this Agreement is within the scope of the project
analyzed in the Specific Plan EIR and no further CEQA review or document is required.
This Agreement does not impede, impair or otherwise seek to truncate or limit th e City
discretion in considering any future Project Approvals or conducting any future CEQA
review as required by applicable law.
NOW, THEREFORE, with reference to the foregoing recitals and in consideration
of the mutual promises, obligations and covenants herein contained, City and Developer
agree as follows:
AGREEMENT
1. Relationship of City and Developer.
It is understood that this Agreement is a contract that has been negotiated and
voluntarily entered into by the City and Developer and that the Developer is not an
agent of the City. The City and Developer hereby renounce the existence of any form of
joint venture or partnership between them, and agree that nothing contained herein or in
any document executed in connection herewith shall be construed as making the City
and Developer joint venturers or partners.
–3–
2. Effective Date and Term.
2.1 Effective Date.
The effective date of this Agreement (“the Effective Date”) shall be the date upon
which the City Council approves this Agreement.
2.2 Term.
The term of this Agreement shall commence on the Effective Date and shall
extend until the earlier of the following: 1) the Developer has provided the Community
Benefit to the City as provided in Section 3 of this Agreement, 2) any of the Project
Approvals expires, or 3) 2 years after the Effective Date plus any extensions granted
pursuant Section 4.2 of this Agreement.
3. Community Benefit to Be Provided By Developer.
3.1 Transfer of the Adjacent Property for Affordable Housing
Developer shall provide the following Community Benefit to the City: the
Developer will, for no more than a “Nominal Price,” transfer ownership of the Adjacent
Property to the City or to the Affordable Housing Developer (the “Community Benefit”).
The Developer shall provide the Community Benefit no later than the time of issuance of
the first building permit for the Project. In no event shall the City be required to issue a
building permit unless the Community Benefit has been provided to the City. For the
purposes of this Agreement, a “Nominal Price” shall be any sales price that is one-
thousand dollars ($1000) or less (not including, and not limiting, the purchaser’s share
of escrow fees, title insurance costs, transfer taxes, prorated taxes and assessments
and other customary closing costs).
a. Compliance with Inclusionary Zoning Regulations for Development
on the Property. Chapter 8.68 of the Dublin Municipal Code, known as the Inclusionary
Zoning Regulations (“the Regulations”), requires that residential projects with 20 or
more units contain 12.5% affordable units as defined. Forty percent of a development’s
obligation may be satisfied through the payment of a fee in lieu of construction, and the
remainder of the obligation (7.5% of the units in the project) must be satisfied through
the on-site or off-site production of the units, land dedication, or the use of credits.
Under the Regulations, if Developer constructs the maximum number of units on the
Property contemplated by this Agreement, its affordable housing requirement would be
62 units. Developer intends to fully satisfy its obligations by way of the nominal-price
sale of land required by this Section 3. The City agrees that this nominal-price sale
shall be deemed to satisfy Developer’s affordable housing obligations under the
Inclusionary Zoning Regulations for the development of up to 499 units on the Property.
More specifically, pursuant to section 8.68.040.E of the Dublin Municipal Code, the
Developer’s affordable unit obligation with respect to the residential development of u p
to 499 market-rate units proposed on the Property will be satisfied by virtue of the
proposed nominal-price sale. The City Council has separately made the findings
required by section 8.68.040.E that the proposal meets the purposes of the Regulations.
–4–
Any development on the Property in excess of 499 units will be subject to the
requirements of Chapter 8.68 of the Dublin Municipal Code.
b. Treatment of Affordable Unit Credits Created by Develop ment on
the Adjacent Property. The parties agree that any “affordable unit credits” created by
virtue of the construction of affordable housing on the Adjacent Property will be
controlled by the City.
c. Community Benefit From Affordable Housing. City recognizes that
Developer’s sale of the Adjacent Property for a nominal price to Affordable Housing
Developer or City for the use described above is a qualifying “Community Benefit” under
the Specific Plan, as it will assist Affordable Housing Developer or its successor, or the
City to pursue successfully the development of affordable housing units on the Adjacent
Property. The Dublin community and the Specific Plan Area will benefit significantly
from the provision of such affordable housing, as set forth in greater detail in the Dublin
General Plan’s Housing Element.
3.2 Community Benefit For Off-Site Dedication and Improvement and
Streetscape Enhancements for St. Patrick Way.
In addition to the Developer dedication of 1.52 acres of land from the Property for
the construction and improvement of St. Patrick Way, Developer shall dedicate 0.28
acres of off-site land for St. Patrick Way. In addition to construction of public
improvements consistent with City standards, Developer shall fund up to $200,000 of
additional streetscape enhancements, including but not limited to, additional street
furniture, street monumentation, decorative street lighting and other improvements as
more fully set forth in Exhibit B. Pursuant to Ordinance No. __________, adopted
concurrently with this Agreement, City has modified the right of way for St. Patrick Way,
as depicted in Exhibit C. City recognizes that Developer’s dedication of 0.28 acres of
land and construction of public improvements and streetscape enhancements qualify as
a “Community Benefit” under the Specific Plan, as it will assist the City in fulfilling its
General Plan, Specific Plan and Bicycle and Pedestrian Master Plan.
3.3 Community Benefit for Co-Work/Economic Development Space
within Project (“Co-Work Space”).
Upon occupancy of the Project, Developer shall reserve, construct tenant
improvements for and operate 1,500 square feet of Co -Work Space in the Project. City
recognizes that Developer’s reservation of, tenant improvements to, and operation of
1,500 square feet of Co-Work Space in the Project is a qualifying “Community Benefit”
under the Specific Plan, as it will assist the City in fulfilling its General Plan, Specific
Plan and Economic Development objectives. Developer will provide the Co-Work Space
available to Dublin residents during hours when the leasing office is open for business
for an initial five (5) year period after the certificate of occupancy for the Co -Work
Space, which may be extended for an additional five (5) years upon mutual agreement
between the City and Developer.
–5–
3.4 Contribution of $50,000 for the Improvement of Pedestrian Access to
BART.
Developer shall contribute Fifty Thousand Dollars $50,000 to the City for future
improvement projects, determined at City’s discretion, to improve pedestrian access to
BART. City recognizes that Developer’s contribution of up to $50,000 to improve
pedestrian access to BART is a qualifying “Community Benefit” under the Specific Plan,
as it will assist the City in fulfilling its General Plan, Specific Plan and Bicycle and
Pedestrian Master Plan.
4. Excess Capacity, Residential Allocations.
4.1 Grant
As of the Effective Date, as defined in Section 2.1, and for the term specified in
Section 2.2, City shall grant 499 Residential Allocations out of the Residential Allocation
Pool established by the Specific Plan for the proposed development on the Property.
City may make the right to construct residential units under the Project Approvals
conditional upon the transfer of the Adjacent Property in accordance with Section 3.1.
The term “Residential Allocation” as used in the Agreement means an allocation of the
right to construct residential units from the Residential Allocation Pool established by
the Specific Plan.
4.2 Term of Residential Allocations.
Once granted, the “Residential Allocations” provided by the Community Benefit
provisions of this Agreement shall extend until two (2) years from the Effective Date
(“the Residential Allocation Term”). The City Manager may, for good cause, extend the
Residential Allocation Term twice for periods of six (6) months each, provided the
Developer has at the time of such extension applied for a building permit. It is
acknowledged that Developer shall not have a right to the Residential Allocations until
such time as it has transferred the Adjacent Property in accordance with Section 3.1.
Notwithstanding the foregoing, if a building permit for any structure has been issued by
City, and if the construction of any structure related to residential uses has been
commenced on the Property within said Residential Allocation Term or any extension
period or periods, then the Residential Allocations for the development on the particular
parcel for which the permit was issued shall be extend for the life of the building permit
and any extensions thereto. This Section 4.2 shall survive termination of the
Agreement.
4.3 Reservation.
During the Residential Allocation Term, and only so long as each of the Project
Approvals remain in effect, City shall reserve 499 units for Developer’s use. If Developer
fails to provide the Community Benefit during the term of this Agreement, or if
Developer provides the Community Benefit but fails to obtain building permits for all or a
portion of the units within the Residential Allocation Term, the Excess Capacity reserved
–6–
for Developer shall revert to the pool maintained by the City and will be available to
other developers on a “first come, first served” basis.
4.4 Limitation on City’s Obligation.
This Agreement shall not be construed to require the City to issue any Project
Approval to the Developer. City is solely required to reserve the Excess Capacity
identified in Section 4 of this Agreement. Other than this obligation, nothing in this
Agreement shall prevent the City from denying or conditionally approving any
subsequent land use permit or authorization for the Project. All of City’s applicable
ordinances, resolutions, rules, regulations and official policies shall apply to the Project
including, but not limited to, those governing the permitted uses of the Property, design
and construction of the Project, density and intensity of use of the Project, and the
maximum height, bulk and size of proposed buildings within the Project.
4.5 Limitation on Developer Obligations.
This Agreement shall not be construed to require the Developer to provide any
Community Benefits described herein, if City does not grant Project Approvals in
accordance with the Project or Developer does not develop the Project.
5. Amendment or Cancellation.
This Agreement may be amended in writing from time to time by mutual consent
of the parties.
6. Severability.
The unenforceability, invalidity or illegality of any provisions, covenant, condition
or term of this Agreement shall not render the other provisions unenforceable, invalid or
illegal, unless a Party’s consideration materially fails as a result.
7. Attorneys’ Fees and Costs.
If the City or Developer initiates any action at law or in equity to enforce or
interpret the terms and conditions of this Agreement, the prevailing party shall be
entitled to recover reasonable attorneys’ fees and costs in addition to any other relief to
which it may otherwise be entitled. If any person or entity not a party to this Agreement
initiates an action at law or in equity to challenge the validity of any provision of this
Agreement, the parties shall cooperate in defending such action. Developer shall bear
its own costs of defense as a real party in interest in any such action, and shall
reimburse the City for all reasonable court costs and attorneys’ fees expended by the
City in defense of any such action or other proceeding.
8. Assignment.
Developer may wish to sell, transfer or assign all or portions of the Property to
other developers (each such other developer is referred to as a “Transferee”). In
–7–
connection with any such sale, transfer or assignment to a Transferee, Developer may
sell, transfer or assign to such Transferee some or all of the Excess Capacity reserved
under this Agreement, so long as said transfer would not result in development of the
Property in excess of the Maximum FAR. No such transfer, sale or assignment of
Developer’s rights, interests and obligations hereunder shall occur without prior written
approval by the City. The City Manager shall consider and decide on any transfer, sale
or assignment within ten (10) days after Developer’s notice, provided all necessary
documents, certifications and other information are provided to the City Manager to
enable the City Manager to determine whether the obligations incurred by Developer
pursuant to this Agreement will be fully satisfied.
9. Notices.
All notices required to be given to City under this Agreement shall be in writing
and shall be addressed as follows:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
FAX No. (925) 833-6651
All notices required to be given to Developer under this Agreement shall be in
writing and shall be addressed as follows:
Bayview Development Group, Inc.
60 South Market Street, Suite 450
San Jose, CA 95113
With copies to: Morrison & Foerster, LLP
425 Market Street
San Francisco, CA 94125
Attention: Miles Imwalle
Telephone: 415-268-6523
Email: mimwalle@mofo.com
10. Agreement is Entire Understanding.
This Agreement constitutes the entire understanding and agreement of the
parties.
11. Legal Authority.
Each individual executing this Agreement on behalf of Developer hereby
represents and warrants that he or she has full power and authority under the entity’s
governing documents to execute and deliver this Agreement in the name of and on
behalf of the company and to cause the entity to perform its obligations under this
Agreement.
–8–
12. Exhibits.
The following documents are referred to in this Agreement and are attached
hereto and incorporated herein as though set forth in full:
Exhibit A Legal Description and Plat of the Property
Exhibit B Streetscape Improvements Enhancements
Exhibit C Revised St. Patrick Way Right of Way Alignment
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date and year first above written.
CITY OF DUBLIN
By: __________________________
Christopher L. Foss, City Manager
Attest:
________________________
Caroline Soto , City Clerk
Approved as to form
________________________
John D. Bakker, City Attorney
DEVELOPER
Bayview Development Group, Inc.
__________________________
By:
Its:
2928458.6
Exhibit B
Streetscape Improvement Enhancements ($200,000 Value)
1. Entry monuments
2. Seat Wall
3. Stamped/Decorative Asphalt Paving and Crosswalks
4. Decorative String Street Poles and String Lights and Bulbs
5. Electrical infrastructure for electrical outlets on street light poles and string light poles and
electrical connection at each street tree for lighting.
6. Drop down, manual bollard sleeves and bollards for street closures
Note: Does not include value of dedication of 0.28 acres of offsite property. See conceptual plan
attached.
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RE
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ST. PATRICK
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SECTION C: EXISTINGSECTION B - 58' ST. PATRICK RIGHT OF WAY WITH PARKINGSECTION A - 71' ST. PATRICK RIGHT OF WAY WITH PARKING
DATE: MARCH 16, 2018
0'120'40'160'
1" = 40'SCALE:
ST. PATRICK WAY
HOLD NORTH ST. PATRICK FACE OF CURB LINE
PLAN LINE STUDY
CITY OF DUBLIN ALAMEDA COUNTY CALIFORNIA
F:\2763-000\ACAD\EXHIBITS\XB-028_PLAN LINE STUDY.DWG
3/
1
6
/
2
0
1
8
3
:
2
0
P
M
SACRAMENTO, CALIFORNIA
SAN RAMON, CALIFORNIA
CIVIL ENGINEERS SURVEYORS PLANNERS
(925) 866 - 0322
www.cbandg.com
(916) 375 - 1877
Carlson, Barbee & Gibson, Inc.
LEGEND ABBREVIATIONS
ST. PATRICK & WEST STREET INTERSECTION DETIAL