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HomeMy WebLinkAbout*May 1, 2018 Agenda PacketMay 1, 2018 Dublin City Council Agenda Page 1 of 3 REGULAR MEETING Tuesday, May 1, 2018 Council Chamber, 100 Civic Plaza DUBLIN CITY COUNCIL A G E N D A • Agendas and Staff Reports are posted on the City’s Internet Website (www.dublin.ca.gov) • Agendas may be picked up at the City Clerk’s Office for no charg e, or to request information on being placed on the annual subscription list, please call 833-6650. • A complete packet of information containing Staff Reports and exhibits relate to each item is available of public review at least 72 hours prior to a City Council Meeting or, in the event that it is delivered to City Council members less than 72 hours prior to a City Council Meeting, as soon as it is so delivered. The packet is available in the City Clerk’s Office and also at the Dublin Library. CLOSED SESSION 6:00 P.M. I. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 2 cases II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 12+/- acre parcel located about 1,000 feet northwest of intersection of Dublin Blvd. and Arnold Road (portion of the Camp Parks property) Agency negotiator: Christopher L. Foss, City Manager Negotiating parties: Dublin Unified School District Under negotiation: Price and terms of payment III. THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: Dublin Police Chief Holmes REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. REPORT ON CLOSED SESSION 3. ORAL COMMUNICATIONS 3.1. Proclamation for Lupus Awareness Month - May 2018 The City Council will present a proclamation recognizing May 2018 as Lupus Awareness Month. STAFF RECOMMENDATION: Present the proclamation. 3.2. LAVTA Presentation on Shared Autonomous Vehicle Testing in Dublin The City Council will receive a presentation by Livermore Amador Valley Transit Authority (LAVTA) Staff on the testing of a Shared Autonomous Vehicle in Dublin. STAFF RECOMMENDATION: Receive LAVTA's presentation on Shared Autonomous Vehicle Testing in Dublin. 3.3. Public Comment At this time, the public is permitted to address the City Council on non-agendized items. Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3). May 1, 2018 Dublin City Council Agenda Page 2 of 3 4. CONSENT CALENDAR Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item. 4.1. Approval of the April 17, 2018 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the April 17, 2018 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 17, 2018 Regular City Council meeting. 4.2. Transportation Development Act Article 3 Grant from Metropolitan Transportation Commission for the Update of the Bicycle and Pedestrian Master Plan The City Council will consider approving the Transportation Development Act, Article 3 grant from Metropolitan Transportation Commission for the update of the Bicycle and Pedestrian Master Plan. STAFF RECOMMENDATION: Adopt the Resolution Approving Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2018/19 TDA Article 3 Pedestrian/Bicycle Project Funding. 4.3. Award of Contract to Columbia Electric Inc. and Approval of Plans and Specification for Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements (CIP No. ST0517) The City Council will consider awarding a construction contract to Columbia Electric, Inc. and approving the plans and specifications for the Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements. The project will construct pedestrian safety improvements, including flashing pedestrian warning lights, extension of the existing concrete median, and upgrade of roadway signs and markings. The project is part of the Citywide Bicycle & Pedestrian Improvements, Capital Improvement Program project ST0517, which funds various pedestrian and bicycle improvements throughout the City. STAFF RECOMMENDATION: Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Columbia Electric, Inc., for the Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements (CIP ST0517). 4.4. Modification of Parking Regulations along Northside Drive The City Council will consider implementing No-Parking regulations along the entire length of Northside Drive. This action will reduce on-going pavement repair costs, improve access for emergency vehicles, and enhance traffic safety. STAFF RECOMMENDATION: Adopt the Resolution Amending the Dublin Traffic Code Approving Parking Regulations along the entire length of Northside Drive. 5. WRITTEN COMMUNICATION – NONE. 6. PUBLIC HEARING 6.1. 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) 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- May 1, 2018 Dublin City Council Agenda Page 3 of 3 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 Benefit 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. 7. UNFINISHED BUSINESS 7.1. Lease and Option to Purchase 12-Acre Site in Dublin Crossing Development for a School and Park Site The City Council will consider an agreement with the Dublin Unified School District (DUSD) that would give the District the right to purchase a City-owned, 12-acre site within the Dublin Crossing project for $1.00 for use as a school/park. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement for Lease and Property Option Between the City of Dublin and the Dublin Unified School District for the Dublin Crossing School/Park Site. 8. NEW BUSINESS – NONE. 9. OTHER BUSINESS Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833 - 6650 at least 72 hours in advance of the meeting. Mission The City of Dublin promotes and supports a high quality of life, ensures a safe and secure environment, and fosters new opportunities. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: May 1, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Proclamation for Lupus Awareness Month - May 2018 Prepared by: Darla Murtaugh, Senior Office Assistant EXECUTIVE SUMMARY: The City Council will present a proclamation recognizing May 2018 as Lupus Awareness Month. STAFF RECOMMENDATION: Present the proclamation. FINANCIAL IMPACT: None. DESCRIPTION: The City Council will present a proclamation to the Lupus Foundation of Northern California, recognizing the work the organization does to alleviate suffering for lupus patients through patient and family services and helping to eradicate lupus by supporting lupus research. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None. ATTACHMENTS: 1. Lupus Awareness Month Proclamation 2018 A PROCLAMATION OF THE CITY COUNCIL CITY OF DUBLIN, CALIFORNIA “Lupus Awareness Month – May 2018” WHEREAS, more than five million people worldwide suffer from the devastating effects of lupus, and each year another 100,000 men, women and children will be diagnosed with this disease; and it is 2-3 times more prevalent among people of color, including African-Americans, Hispanics, Asians, and Native-Americans and strikes women about nine times more frequently. Lupus is a chronic autoimmune disease that causes inflammation of various parts of the body particularly the skin, heart, joints and kidneys; and lupus research shows that 1.5 million Americans have been diagnosed with lupus and although lupus ranges from mild to life threatening and thousands of Americans who have lupus die each year, the majority of cases can be managed with proper treatment; and WHEREAS, lupus impacts more than just the life of the patient; it affects the patient's family, friends, coworkers, employers and community; and existing public information and programs about Lupus in California remain inadequately disseminated and insufficient in addressing the needs of specific diverse populations and other underserved groups; and WHEREAS, the Lupus Foundation of Northern California, serving California from Santa Cruz to the Oregon border, was founded as a nonprofit organization to alleviate suffering for lupus patients through patient and family services, achieve ea rly dedication of undiagnosed cases, through awareness promotion and achieve the eradication of lupus by supporting lupus research; and NOW, THEREFORE, BE IT RESOLVED, that we, the Dublin City Council, do hereby proclaim May 2018 as Lupus Awareness Month and extends heartfelt wishes to the Lupus Foundation of Northern California for success in their core objectives in the future. DATED: May 1, 2018 Mayor David G. Haubert Vice Mayor Melissa Hernandez Councilmember Abe Gupta Councilmember Arun Goel Councilmember Janine Thalblum Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: May 1, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: LAVTA Presentation on Shared Autonomous Vehicle Testing in Dublin Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will receive a presentation by Livermore Amador Valley Transit Authority (LAVTA) Staff on the testing of a Shared Autonomous Vehicle in Dublin. STAFF RECOMMENDATION: Receive LAVTA's presentation on Shared Autonomous Vehicle Testing in Dublin. FINANCIAL IMPACT: None. DESCRIPTION: The Governor approved AB 1444 on October 12, 2017, which authorized the Livermore Amador Valley Transit Authority (LAVTA) to conduct a pilot project to test the operations of Shared Autonomous Vehicles (SAV) on public streets in the City of Dublin. The SAVs are not equipped with a steering wheel, a brake pedal, or an operator. As per the approved legislation, the testing of SAVs would sunset on May 1, 2018. However, on February 26, 2018, the Department of Motor Vehicles (DMV) issued new regulations that may allow the testing to continue after the sunset date of AB1444. LAVTA has been developing pilot project testing plans in coordination with the Contra Costa County Transportation Authority (CCTA) and the GoMentum Station (Autonomous Vehicle testing program) at the Concord Naval Weapons Station. LAVTA staff will provide details on the planned testing in Dublin. The City of Dublin was successful in receiving a grant from the Metropolitan Transportation Commission (MTC) in the amount of $385,000, to provide support on the SAV pilot testing project. The MTC grant will provide funding for modifying the traffic signals along the testing route of SAVs near the East Dublin/Pleasanton BART Station. Page 2 of 2 The key goals of the City of Dublin grant proposal were to test the communication of signal operation with the SAVs; and the evaluation of safety benefits of providing real time signal data to transit buses and the emerge ncy vehicles through the City’s Traffic Operation Center. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this report has been provided to the Livermore Amador Valley Transit Authority. ATTACHMENTS: None. Page 1 of 1 STAFF REPORT CITY COUNCIL DATE: May 1, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Approval of the April 17, 2018 Regular City Council Meeting Minutes Prepared by: Caroline P. Soto, City Clerk/Records Manager EXECUTIVE SUMMARY: The City Council will consider approval of the minutes of the April 17, 2018 Regular City Council meeting. STAFF RECOMMENDATION: Approve the minutes of the April 17, 2018 Regular City Council meeting. FINANCIAL IMPACT: N/A DESCRIPTION: The City Council will consider approval of the minutes of the April 17, 2018 Regular City Council meeting. NOTICING REQUIREMENTS/PUBLIC OUTREACH: N/A ATTACHMENTS: 1. Draft Minutes of the April 17, 2018 Regular City Cou ncil Meeting MINUTES OF THE CITY COUNCIL OF THE CITY OF DUBLIN REGULAR MEETING – APRIL 17, 2018 DUBLIN CITY COUNCIL MINUTES 1 REGULAR MEETING APRIL 17, 2018 Closed Session 6:00 P.M. I. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9: 2 cases II. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 12+/- acre parcel located about 1,000 feet northwest of intersection of Dublin Blvd. and Arnold Road (portion of the Camp Parks property) Agency negotiator: Christopher L. Foss, City Manager Negotiating parties: Dublin Unified School District Under negotiation: Price and terms of payment III. THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: Dublin Police Chief Holmes 1. Call to Order and Pledge of Allegiance – The meeting was called to order at 7:07 p.m. by Mayor Haubert. The pledge of allegiance was recited by the City Council, Staff, and those present at the meeting. Attendee Name Title Status David Haubert Mayor Present Melissa Hernandez Vice Mayor Present Arun Goel Councilmember Present Abe Gupta Councilmember Present Janine Thalblum Councilmember Present 2. Report on Closed Session – By consensus, the City Council agreed to reconvene to Closed Session after the end of the regular business. 3. Oral Communications By consensus, the City Council agreed to move Item 8.2 after the Consent Calendar. 3.1. Employee Introduction: Erik Statzell The City Council welcomed the new Dublin Staff member. DUBLIN CITY COUNCIL MINUTES 2 REGULAR MEETING APRIL 17, 2018 3.2. Recognition of Outstanding Work by Dublin Police and Alameda County Sheriff's Office Staff The City Council recognized and commended the members of Dublin Police Services and Alameda County Sheriff’s Office for the outstanding collaborative effort that saved the life of a citizen. 3.3. Fair Housing 50th Commemoration – April 2018 The City Council presented the proclamation for the Fair Housing 50th Commemoration. 3.4. Alameda County Fire Department: City Council Role in Emergency The City Council received the presentation from the Al ameda County Fire Department. 3.5. Public Comment Amy Miller, Dublin resident, provided public comment. Shawn Costello, Dublin resident, provided public comment. Jeff Gebel, Dublin resident, provided public comment. Dan Cunningham, Dublin resident, provided public comment. Nikolai Peram, Dublin resident, provided public comment. 4. Consent Calendar Item 4.2 was pulled for members of the public. 4.1. Approved the minutes of the April 2, 2018 Special Meeting and April 3, 2018 Regular Meeting. 4.3. Adopted RESOLUTION NO. 34 – 18 APPROVING FIRST AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH WEST COAST CODE CONSULTANTS, INC. 4.4. Presented the Arbor Day proclamation for April 27, 2018. DUBLIN CITY COUNCIL MINUTES 3 REGULAR MEETING APRIL 17, 2018 4.5. Confirmed the Mayor’s recommendation of Shawn Costello’s appointment to the Human Services Commission. 4.6. Presented the “Small Business Week” proclamation. 4.7. Received the notification of the City Engineer’s pending approval of the Final Maps for Tracts 8363, 8364, and 8366, Boulevard development, located just north of Dublin Boulevard between Scarlett Drive and Arnold Road. 4.8. Received the Payment Issuance Report. 4.9. Adopted RESOLUTION NO. 35 – 18 APPROVING THE PLANS AND SPECIFICATIONS, WAIVING MINOR BID IRREGULARITY, REJECTING BID PROTEST, AND AWARDING A CONTRACT TO W. BRADLEY ELECTRIC INC. FOR THE SAN RAMON ARTERIAL MANAGEMENT, CIP NO. ST0217 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Arun Goel, Councilmember AYES: Thalblum, Haubert, Goel, Gupta, Hernandez Item 4.2 Lars Eric Holm provided public comment Lara Calvert provided public comment. The City Council made an amendment to the resolution to increase Spectrum Community Services’ grant and backfill the amount of $3,655. The City Council directed staff to make a budget change to make the money available from the General Fund. RESOLUTION NO. 33 – 18 APPROVING FUNDING RECOMMENDATIONS FOR FISCAL YEAR 2018-19 HUMAN SERVICES GRANT PROGRAM RESULT: ADOPTED AS AMENDED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: David Haubert, Mayor AYES: Thalblum, Haubert, Goel, Gupta, Hernandez DUBLIN CITY COUNCIL MINUTES 4 REGULAR MEETING APRIL 17, 2018 5. Written Communication – None. 6. Public Hearing – None. 7. Unfinished Business 7.1. Approval of the Updated Mission and Vision, and Two-Year Strategic Plan The City Council approved the updated Mission and Vision and the Two -Year Strategic Plan. RESULT: ADOPTED [UNANIMOUS] MOVED BY: Arun Goel, Councilmember SECOND: Abe Gupta, Councilmember AYES: Thalblum, Haubert, Goel, Gupta, Hernandez 8. New Business 8.1. Master Fee Schedule Update Jean Josey, Dublin resident, provided public comment. Adopted RESOLUTION NO. 36 – 18 AMENDING THE MASTER FEE SCHEDULE FOR FEES AT THE WAVE AT EMERALD GLEN PARK RESULT: ADOPTED [UNANIMOUS] MOVED BY: Arun Goel, Councilmember SECOND: Janine Thalblum, Councilmember AYES: Thalblum, Haubert, Goel, Gupta, Hernandez 8.2. Annual Review of the Agreement with Cricket for Cubs Sanjay Adhi, Dublin resident, provided public comment. Adhi Sivathanu, Dublin resident, provided public comment. Pramod, Pleasanton resident, provided public comment. DUBLIN CITY COUNCIL MINUTES 5 REGULAR MEETING APRIL 17, 2018 Raj Birodaraj, Pleasanton resident, provided public comment. Yogi Birodaraj, Pleasanton resident, provided public comment. Akshit Mehtu, Dublin resident, provided public comment. Vamshi Doma, Dublin resident, provided public comment. Ayush, Dublin resident, provided public comment. Ramanand Narayanan, Dublin resident, provided public comment. Vishal Batghare, Dublin resident, provided public comment. Ramesh Immadi, Pleasanton resident, provided public comment. Gayam, Fremont resident, provided public comment. Shailesh Vyas, San Ramon resident, provided public comment. Sirish Das, Dublin resident, provided public comment. Pradeep Rontra, Dublin resident, provided public comm ent. Rajnikanth Codavalli, Dublin resident, provided public comment. Pranav, Dublin resident, provided public comment. Ramya Ramakrishnan, Dublin resident, provided public comment. Akhil Venkatesh, Dublin resident, provided public comment. Arya Venkatesh, Dublin resident, provided public comment. Venki, Dublin resident, provided public comment. Suresh Kolan, Dublin resident, provided public comment. Nayarag Suravarjula, Dublin resident, provided public comment. Sridhail Venoje, San Ramon resident, provided public comment. The City Council received the report and agreed to leave the agreement as-is, and asked Staff to come back with a report that includes options to install two to six batting cages, including information on cost. DUBLIN CITY COUNCIL MINUTES 6 REGULAR MEETING APRIL 17, 2018 RESULT: ADOPTED [UNANIMOUS] MOVED BY: Abe Gupta, Councilmember SECOND: Arun Goel, Councilmember AYES: Thalblum, Haubert, Goel, Gupta, Hernandez 9. Other Business – Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234). 10:49 p.m. The City Council convened to Closed Session. Cm. Gupta recused himself from the second item on Closed Session and left the caucus room. 11:47 p.m. Report on Closed Session The Mayor stated there was no reportable action out of Closed Session. 10. Adjournment The meeting was adjourned at 11:47 p.m. Mayor ATTEST: ___________________________ City Clerk Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: May 1, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Transportation Development Act Article 3 Grant from Metropolitan Transportation Commission for the Update of the Bicycle and Pedestrian Master Plan Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will consider approving the Transportation Development Act, Article 3 grant from Metropolitan Transportation Commission for the update of the Bicycle and Pedestrian Master Plan. STAFF RECOMMENDATION: Adopt the Resolution Approving Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2018/19 TDA Article 3 Pedestrian/Bicycle Project Funding. FINANCIAL IMPACT: The City is requesting $210,000 from the Transportation Development Act, Article 3 fund allocation. This funding will be used to update the Citywide Bicycle and Pedestrian Master Plan. There is no impact to the General Fund. DESCRIPTION: The Mills-Alquist-Deddeh Act (SB325) was enacted by the California Legislature to improve existing public transportation services and encourage regional transportation coordination. Known as the Transportation Development Act (TDA) o f 1971, this law provides funding to be allocated to transit and non-transit related purposes that comply with regional transportation plans. The TDA funds a wide variety of transportation programs, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects. TDA Article 3 funds are apportioned on the basis of the population of a local jurisdiction. The funding distribution involves a three -step process: (1) apportionment, (2) allocation, Page 2 of 2 and (3) payment. Annually, the Metropolitan Transportation Commission (MTC) determines the nine Bay Area counties’ share of the anticipated TDA funding. This share is the nine-county apportionment. Once funds are apportioned, the y are available only for allocation to local jurisdictions. Allocation is a discretionary action by the MTC, which designates funds for a specific City/unincorporated county area for bicycle and pedestrian improvements. Payment is authorized by allocation instructions issued by the MTC, which may call for payment in a lump sum amount, in installments, or as funds become available. The recommended action in this report will allocate already apportioned funding for the City of Dublin. The requested allocation of funding for Citywide Bicycle and Pedestrian Plan (CBPP) update is an eligible project under the TDA Article 3 funding requirements. It is anticipated that the update to the CBPP will commence in late 2018/early 2019. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The proposed use of the Transportation Development Act funding for the Citywide Bicycle and Pedestrian Master Plan update was presented to the Alameda Countywide Bicycle and Pedestrian Advisory Committee (BPAC) on March 29, 2018. ATTACHMENTS: 1. Resolution Approving Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2018/19 TDA Article 3 Pedestrian/Bicycle Project Funding RESOLUTION NO. XX- 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2018/19 TDA ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT FUNDING WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No.4108, entitled “Transportation Developmen t Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, the City of Dublin desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists. NOW, THEREFORE, BE IT RESOLVED, that the City of Dublin declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code. BE IT FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might im pair the ability of the City of Dublin to carry out the project. BE IT FURTHER RESOLVED, that the project has been reviewed by the countywide Bicycle Advisory Committee and has been approved by MTC to use the countywide BAC and the countywide BAC provide s for expanded representation of City of Dublin and the designated representative is familiar with the bicycle and pedestrian needs of the City of Dublin. BE IT FURTHER RESOLVED, that the City of Dublin attests to the accuracy of and approves the statements in Attachment A to this resolution. BE IT FURTHER RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation pla nning agency, or county association of governments, as the case may be, of the Alameda County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. PASSED, APPROVED AND ADOPTED this 1st day of May 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _____________________________ City Clerk Resolution No. XX-18 Attachment A Re: Request to the Metropolitan Transportation Commissi on for the Allocation of Fiscal Year 2018/19 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings Page 1 of 1 1. That the City of Dublin is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Dublin legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That the City of Dublin has committed adequate staf fing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right -of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right -of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capita l construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Dublin within the prior five fiscal years. 8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B will be completed before the funds expire. 11. That the City of Dublin agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. Resolution No. XX-18 ATTACHMENT B page 1 of 1 TDA Article 3 Project Application Form Fiscal Year of this Claim: 2018/19 Applicant: City of Dublin Contact person: Obaid Khan Mailing Address: 100 Civic Drive, Dublin CA 94568 E-Mail Address: obaid.khan@dublin.ca.gov Telephone: 925-833-6630 Secondary Contact (in event primary not available) Andrew Russell E-Mail Address: andrew.russell@dublin.ca.gov Telephone: 925-833-6630 Short Title Description of Project: Citywide Bicycle and Pedestrian Update Amount of claim: $ 210,000 Functional Description of Project: This project will comprehensively update the Citywide Bicycle and Pedestrian Plan Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3. Project Elements: Planning. Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $210,000 $210,000 list all other sources: 1. 2. Totals $210,000 $210,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). Yes B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. No C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov). Yes D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: March 29, 2018. Yes E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). N/A1 F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) September 2020. Yes G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: N/A. City of Dublin will maintain Yes 1. No Construction will occur as part of the Citywide Bicycle and Pedestrian Plan Update . Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: May 1, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Award of Contract to Columbia Electric Inc. and Approval of Plans and Specification for Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements (CIP No. ST0517) Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will consider awarding a construction contract to Columbia Electric, Inc. and approving the plans and specifications for the Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements. The project will construct pedestrian safety improvements, including flashing pedestrian warning lights, extension of the existing concrete median, and upgrade of roadway signs and markings. The project is part of the Citywide Bicycle & Pedestrian Improvements, Capital Improvement Program project ST0517, which funds various pedestrian and bicycle improvements throughout the City. STAFF RECOMMENDATION: Adopt the Resolution Approving the Plans and Specifications and Awarding a Contract to Columbia Electric, Inc., for the Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements (CIP ST0517). FINANCIAL IMPACT: The lowest responsive bid for construction was $107,380.04. A construction contingency of $20,000 is requested for unforeseen construction issues, bringing the total potential construction cost to $127,380.04. Sufficient funding is available in the project budget to award the construction contract. This project is funded by Measure B and Measure BB Bicycle and Pedestrian Funds. There is no impact to the General Fund. DESCRIPTION: The 2016-2021 Capital Improvement Program (CIP) includes the Citywide Bicycle and Pedestrian Improvements project, CIP No. ST0517 (Attachment 1). The CIP project provides for the design and construction of various pedestrian and bicycle improvements throughout the City, including sidewalk repairs, Americans with Page 2 of 2 Disabilities Act Transition Plan improvements, and updates to the Bicycle and Pedestrian Master Plan. The plans and specifications for the Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements project were completed and the project was advertised for bids in March 2018. The work includes the installation of a pedestrian warning light system which will activate automatically when a pedestrian is detected. As a redundancy, the warning lights can also be activated by pressing a push button on either side of the street. A new street light will also be installed for added illumination of the crosswalk at night. Other improvements include extending the existing concrete median to the crosswalk line to slow down turning vehicles, and installing new roadway signing and striping. A total of three sealed bids were received on April 3, 2018, ranging from $107,380.04 to $185,230.00. A summary of the bids is provided as Attachment 2. The low bid of $107,380.04 was submitted by Columbia Electric, Inc. Staff has reviewed the bid results and bidder qualification statements, checked references and necessary licenses, and recommends that the City Council adopt the Resolution (Attachment 3), awarding the project construction contract to Columbia Electric, Inc., as the lowest responsive bidder. Staff expects the project to begin in late May 2018 and anticipates it to be completed by the end of July 2018. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this staff report was sent to Columbia Electric, Inc. and to the Alameda County Transportation Commission, Independent Watchdog Committee. ATTACHMENTS: 1. CIP ST0517 2. Bid Results 3. Resolution Approving the Plans and Specifications and Awarding a Contract to Columbia Electric, Inc., for the Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements (CIP ST0517) Number ST0517 Program STREETS ESTIMATED COSTS PRIOR YEARS 2016-2017 BUDGET2017-2018 2018-2019 2019-2020 2020-2021 FUTURE YEARS ESTIMATE TOTALS 9100$21,600$36,980$36,980$19,180$19,180$133,920 9200$15,000$190,000$15,000$15,000$15,000$250,000 9400$568,000$350,000$368,000$368,000$368,000$2,022,000 9500$5,000$25,200$5,400$5,400$5,400$46,400 $609,600$602,180$425,380$407,580$407,580$2,452,320 FUNDING SOURCE PRIOR YEARS 2016-2017 BUDGET2017-2018 2018-2019 2019-2020 2020-2021 FUTURE YEARS ESTIMATE TOTALS 1001$108,000$108,000$108,000$108,000$108,000$540,000 2204$180,000$180,000$180,000$180,000$180,000$900,000 2205$80,000$176,400$19,600$276,000 2214$213,600$20,000$233,600 2215$28,000$117,780$17,780$19,580$19,580$202,720 4304$100,000$100,000$100,000$300,000 $609,600$602,180$425,380$407,580$407,580$2,452,320 CITYWIDE BICYCLE AND PEDESTRIAN IMPROVEMENTS TOTAL General Fund Measure B Sales Tax - Local Streets Fund (ACTC) Salaries & Benefits Contract Services Improvements TOTAL 2016-2021 CAPITAL IMPROVEMENT PROGRAM Measure B Sales Tax - Bike & Pedestrian Fund (ACTC) Measure BB Sales Tax - Local Streets Fund (ACTC) Measure BB Sales Tax - Bike & Pedestrian Fund (ACTC) Western Dublin Traffic Impact Fee Miscellaneous PROJECT DESCRIPTION This project includes improvements to variouspedestrian and bicycle facilities throughout the City. This project replaces former projects that provided funding for ADA Transition Plan improvements and Citywide Sidewalk Repair improvements. In addition to the scope of those previous projects, this project includes design and construction of improvements recommended in the City of Dublin Bicycle and Pedestrian Master Plan, the ADA Transition Plan, and the Class 1 Facilities Maintenance Plan. In Fiscal Year 2017-2018, work on the update to the ADA Transition Plan will commence. In Fiscal Year 2018-2019, work will begin on the update of the City of Dublin Bicycle and Pedestrian Master Plan. ANNUAL OPERATING IMPACT:None MANAGING DEPARTMENT: Public Works Dublin Blvd and Donlon Way Intersection Pedestrian Improvements Project ST0517 Bid Date: BASE BID ITEM Qty.UNIT Unit Cost Extension Unit Cost Extension Unit Cost Extension 1 1 LS $9,838.64 $9,838.64 $6,700.00 $6,700.00 $4,900.00 $4,900.00 2 1 LS $12,068.20 $12,068.20 $15,161.00 $15,161.00 $11,900.00 $11,900.00 3 1 EA $1,500.00 $1,500.00 $150.00 $150.00 $200.00 $200.00 4 8 EA $500.00 $4,000.00 $500.00 $4,000.00 $200.00 $1,600.00 5 4 EA $250.00 $1,000.00 $200.00 $800.00 $250.00 $1,000.00 6 4 EA $250.00 $1,000.00 $200.00 $800.00 $250.00 $1,000.00 7 2 EA $250.00 $500.00 $200.00 $400.00 $200.00 $400.00 8 2 EA $500.00 $1,000.00 $200.00 $400.00 $350.00 $700.00 9 2 EA $291.50 $583.00 $300.00 $600.00 $300.00 $600.00 10 1 LS $2,500.00 $2,500.00 $5,200.00 $5,200.00 $4,850.00 $4,850.00 11 2 EA $900.00 $1,800.00 $900.00 $1,800.00 $1,150.00 $2,300.00 12 3 EA $2,000.00 $6,000.00 $3,200.00 $9,600.00 $8,950.00 $26,850.00 13 1 EA $2,000.00 $2,000.00 $3,300.00 $3,300.00 $8,250.00 $8,250.00 14 1 EA $550.00 $550.00 $500.00 $500.00 $865.00 $865.00 15 65 LF $85.00 $5,525.00 $300.00 $19,500.00 $125.00 $8,125.00 16 100 LF $8.00 $800.00 $20.00 $2,000.00 $2.50 $250.00 17 6 EA $2,915.00 $17,490.00 $4,300.00 $25,800.00 $9,650.00 $57,900.00 18 4 EA $1,000.00 $4,000.00 $870.00 $3,480.00 $2,250.00 $9,000.00 19 66 SF $16.50 $1,089.00 $17.00 $1,122.00 $20.00 $1,320.00 20 10 LF $16.50 $165.00 $17.00 $170.00 $20.00 $200.00 21 1 LS $4,500.00 $4,500.00 $6,800.00 $6,800.00 $5,200.00 $5,200.00 22 116 LF $183.70 $21,309.20 $220.00 $25,520.00 $225.00 $26,100.00 23 212 SF $38.50 $8,162.00 $40.00 $8,480.00 $60.00 $12,720.00 TOTAL $107,380.04 $142,283.00 $186,230.00 15% Contingency Grand Total List of Sub-Contractors CITY OF DUBLIN PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION BID SUMMARY Project Name: Project No. : April 3, 2018 COLUMBIA ELECTRIC W.BRADLEY ELECTRIC TENNYSON ELECTRIC DESCRIPTION Mobilization Traffic control Remove existing roadside sign and pole Furnish and install W11-2 (36x36) Furnish and install W16-7p (24x12) Furnish and install Modified W16-7p (24x12) Furnish and install R1-5 (36x36) Furnish and install R4-7 (24x30) Furnish and install 2" square telespar post Install City-furnished Caltrans Type 15D pole (12' MA) on new foundation Furnish and install LED luminaire (Leotek GC1-60F-MV-NW-3-GY-530- Furnish and install Caltrans Type 1-B (15') pole and foundation Furnish and install Caltrans Type 1-B (18') pole and foundation Furnish and install Caltrans No.3-1/2 pull box Furnish and install 2" conduit with trenching and backfill Furnish and install #8 conductors Install City-furnished Solar RRFB System Install City-furnished Pedestrian Sensor with Harness (Sedco XP-S) Install pavement markings (paint) (yield line) Install reflective yellow paint on median nose curb (top and face) Relocate existing street light pole on new foundation Miscellaneous Concrete Construction (Curb) Median Pavers APPARENT LOW BIDDER Description COLUMBIA ELECTRIC W.BRADLEY ELECTRIC TENNYSON ELECTRIC General Engineering Golden Bay Construction Inc Golden Bay Construction Inc Golden Bay Construction Striping/Signage Chrisp Co Chrisp Co Chrisp Co RESOLUTION NO. XX- 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING THE PLANS AND SPECIFICATIONS AND AWARDING A CONTRACT TO COLUMBIA ELECTRIC INC. FOR THE DUBLIN BOULEVARD AND DONLON WAY INTERSECTION PEDESTRIAN IMPROVEMENTS, CIP NO. ST0517 WHEREAS, Staff completed plans and specifications for the Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements, CIP No. ST0517 (“Project”). The project includes the installation of pedestrian warning lights, a new street light, extension of concrete median, and improved roadway signage and markings; and WHEREAS, the City of Dublin did, on April 3, 2018, publicly open, examine, and declare all sealed bids for doing the work described in the approved Plans, Specifica tions, and Modifications for Project No. ST0517, Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements, which Plans, Specifications, and Modifications are hereby expressly referred to for a description of said work and for all particulars re lative to the proceedings under the request for bids; and WHEREAS, said bids were submitted to the Public Works Director, who has recommended that the bid hereinafter is the lowest and best bid for doing said work; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the plans and specifications for the Project. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does h ereby award the Contract for Project No. ST0517 Citywide Bicycle and Pedestrian Improvements “Dublin Boulevard and Donlon Way Intersection Pedestrian Improvements ”, to the lowest responsible bidder therefore, to wit, Columbia Electric Inc., at a bid of One Hundred Seven Thousand Three Hundred Eighty Dollars and Four cents ($107,380.04), the particulars of which bid are on file in the Office of the Public Works Director. BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to execute the Construction Agreement with Columbia Electric Inc. PASSED, APPROVED AND ADOPTED this 1st day of May, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________________________ Mayor ATTEST: _____________________________ City Clerk Page 1 of 2 STAFF REPORT CITY COUNCIL DATE: May 1, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Modification of Parking Regulations along Northside Drive Prepared by: Obaid Khan, Transportation and Operations Manager EXECUTIVE SUMMARY: The City Council will consider implementing No-Parking regulations along the entire length of Northside Drive. This action will reduce on -going pavement repair costs, improve access for emergency vehicles, and enhance traffic safety. STAFF RECOMMENDATION: Adopt the Resolution Amending the Dublin Traffic Code Approving Parking Regulations along the entire length of Northside Drive. FINANCIAL IMPACT: The cost to implement the no-parking zone along Northside Drive by installing new “No Parking” signs can be accommodated in the Fiscal Year 2017 -2018 Street Maintenance Operating Budget. DESCRIPTION: Staff has noted a significant number of semi-trailer trucks parked along the entire length of Northside Drive. The heavy vehicle parking is contributing to deterioration of the street shoulders as the pavement along Northside Drive is not designed to accommodate this type of parking. It is Staff’s concern that continued parking of semi - trailer trucks will necessitate constant maintenance efforts to keep the pavement in a safe condition. Currently, there is a two-hour parking time limit along Northside Drive that also allows parking of vehicles over five tons. However, this restriction requires significant resources to enforce and does not prevent the degradation of the pavement. Restricting parking along Northside Drive will also improve access for emergency vehicles. Currently, if vehicles are parked on both sides of the street, emergency vehicles could be forced to cross over the centerline of the road and into the travel way of opposing traffic. This forces the driver of the emergency vehicle to slow down to Page 2 of 2 continue in a safe manner. Restricting parking would eliminate the potential delay in response times. The parking of these large semi-trailer trucks also creates potential visibility issues for other motorists. Similar to emergency vehicles, motorists may be forced to cross over into the travel lane for opposing traffic when heavy vehicles are parked on both sides. A tow-away authority is requested for this area to ensure emergency vehicles access and sight visibility for other motorists is unimpeded at all times. The only adjacent business is Lowe’s Home Improvement, which has ample parking supply in their on-site parking lot including a truck loading dock with adequate parking. Therefore, no impact for customers of Lowe’s is anticipated. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this report was provided to the Lowe’s management. ATTACHMENTS: 1. Northside Drive Location Map 2. Resolution Amending the Dublin Traffic Code Approving Parking Regulations Along the Entire Length of Northside Drive INTERSTATE 580 Location Map Lowe’s Home Improvement N Proposed “No Parking Towaway Zone” RESOLUTION NO. __– 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * AMENDING THE DUBLIN TRAFFIC CODE APPROVING PARKING REGULATIONS ALONG THE ENTIRE LENGTH OF NORTHSIDE DRIVE WHEREAS, on-street parking along Northside Drive is restricted only by the citywide restriction of two-hour parking for vehicles over five tons; and WHEREAS, the parking of semi-trailer trucks has caused the accelerated degradation of the pavement along Northside Drive; and WHEREAS, no-parking restrictions would reduce the degradation of the pavement along Northside Drive; and WHEREAS, no-parking restrictions would improve access for emergency vehicles; and WHEREAS, no-parking restrictions would improve traffic safety; and WHEREAS, authority to tow away is necessary to ensure emergency vehicle access and sight visibility are unimpeded at all times; and WHEREAS, the only adjacent business has ample parking in their on-site parking lot; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin hereby adopts the following parking regulation: Section 1: The following language shall be added to Section 6.28.015 (“No Parking – Towaway Zone”) of the City of Dublin Traffic Code: Northside Drive On both sides of the street along the entire length PASSED, APPROVED AND ADOPTED this 1st day of May, 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _______________________________ Mayor ATTEST: ___________________________________ City Clerk Page 1 of 12 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. Page 2 of 12 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 Page 3 of 12 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 Page 4 of 12 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. Page 5 of 12 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 Page 6 of 12 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 Page 7 of 12 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. Page 8 of 12 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 Page 9 of 12 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: Page 10 of 12 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 Page 11 of 12 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. Page 12 of 12 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 4.1 Packet Pg. 3 Page 2 of 5 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 4.1 Packet Pg. 4 Page 3 of 5 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 4.1 Packet Pg. 5 Page 4 of 5 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 4.1 Packet Pg. 6 Page 5 of 5 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 Packet Pg. 7 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 4.1.a Packet Pg. 8 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 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 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 4.1.a Packet Pg. 9 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 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 A0.2VICINITY MAP 0 50 10025 4.1.a Packet Pg. 10 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 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 A0.3SURROUNDING CONTEXT MAP 4.1.a Packet Pg. 11 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 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 4.1.a Packet Pg. 13 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 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 A2.1RENDERING: ST. PATRICK LOOKING WEST 4.1.a Packet Pg. 14 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 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 A2.2RENDERING: ST. PATRICK MAIN ENTRY 4.1.a Packet Pg. 15 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 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 A2.3RENDERING: VIEW FROM 580 4.1.a Packet Pg. 16 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 4.1.a Packet Pg. 17 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 4.1.a Packet Pg. 18 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) VALOR CROSSING APARTMENTS ASTER APARTMENTS ST. PATRICK WAY DUBLIN BOULEVARD GO L D E N G A T E D R I V E INTERSTATE 580 PROJECT SITE WEST DUBLIN BART STATION CONNOLLY STATION APARTMENTS RE G I O N A L S T R E E T WE S T S T R E E T 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 4.1.a Packet Pg. 19 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 344 . 1 350 . 9 35 0 . 3 34 9 . 9 351 . 0 341 . 3 341 . 2 342 . 7 343 . 6 344 . 3 345 . 4 34 6 . 8 343 . 6 343 . 4 343 . 5 34 2 . 5 341 . 8 34 5 . 6 347 . 6 347 . 6 346 . 4 346 . 2 344 . 4 344 . 2 342 . 8 350 . 7 349 . 3 348 . 6 346 . 7 351 . 1 347 . 8 350 . 5 348 . 2 348 . 6 349 . 7 350 . 3 350 . 2 350 . 5 350 . 6 346 . 3 345 . 3 350 . 2 350 . 6 350 . 5 349 . 3 351 . 3 350 . 8 350 . 1 35 1 . 8 352 . 4 351 . 2 352 . 2 352 . 3 354 . 5 354 . 6 354 . 9 355 . 6 356 . 1 355 . 7 354 . 8 355 . 4 350 . 4 351 . 0 351 . 3 351 . 7 351 . 3 351 . 4 35 2 . 6 353 . 5 352 . 3 35 3 . 7 354 . 2 355 . 3 355 . 8 338 . 3 33 8 . 5 338 . 6 338 . 3 353 . 5 34 3 . 2 339 . 8 339 . 1 33 9 . 3 340 . 2 340 . 6 341 . 6 339 . 8 339 . 6 34 0 . 7 342 . 3 339 . 4 343 . 1 343 . 9 344 . 9 34 0 . 2 339 . 8 33 9 . 5 342 . 2 350 345 340 3 4 0 34 5 350 350 3 5 5 RE G I O N A L S T R E E T ST. PATRICK W A Y EN T R Y D R I V E ( P R I V A T E ) C ST. PATRICK WAY WE S T S T R E E T ( P R I V A T E ) GO L D E N G A T E D R I V E A C D B 34 5 . 4 34 7 . 6 34 6 . 4 34 6 . 2 34 4 . 9 34 5 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 4.1.a Packet Pg. 20 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 344 . 1 350 . 9 350 . 3 349 . 9 351 . 0 349 . 4 35 5 . 4 355 . 2 343 . 6 344 . 3 345 . 4 343 . 6 347 . 6 346 . 4 346 . 2 344 . 4 348 . 6 346 . 7 351 . 1 347 . 8 350 . 5 348 . 2 348 . 6 349 . 7 350 . 3 350 . 2 350 . 5 350 . 6 346 . 3 345 . 3 346 . 6 35 0 . 2 350 . 6 350 . 5 349 . 3 351 . 3 350 . 8 350 . 1 351 . 8 35 4 . 6 354 . 9 357 . 2 355 . 6 357 . 2 356 . 4 356 . 6 356 . 1 355 . 7 354 . 8 355 . 4 355 . 5 353 . 5 350 . 1 354 . 7 35 6 . 2 356 . 8 355 . 4 357 . 6 35 8 . 5 357 . 6 357 . 7 355 . 7 355 . 1 35 6 . 8 35 2 . 3 35 1 . 2 352 . 2 351 . 5 348 . 5 35 0 . 6 349 . 6 349 . 8 350 . 5 35 0 . 4 351 . 5 350 . 8 350 . 3 350 . 3 350 . 6 351 . 3 351 . 9 35 1 . 4 350 . 6 352 . 6 351 . 4 350 . 1 350 . 8 350 . 4 351 . 0 351 . 3 351 . 7 351 . 3 351 . 5 351 . 4 352 . 6 353 . 5 35 2 . 3 353 . 7 355 . 3 355 . 8 357 . 1 353 . 2 353 . 5 343 . 9 344 . 9 .7 .7 347 . 9 348 . 2 348 . 3 348 . 4 348 . 5 348 . 5 34 8 . 8 348 . 9 351 . 5 353 . 8 351 . 5 354 . 3 353 . 3 351 . 4 3 5 0 350 345 34 5 350 350 3 5 5 34 5 . 5 346 . 2 34 6 . 6 346 . 5 346 . 6 346 . 8 34 7 . 6 346 . 9 347 . 3 347 . 5 348 . 3 348 . 4 347 . 6 348 . 2 346 . 8 GARAGE FF 351.1 COURT C FF 351.1 COURT A FF 351.1 COURT B FF 351.1 ST. PATRICK W A Y SOUTH STREET WE S T S T R E E T RE G I O N A L S T R E E T 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 4.1.a Packet Pg. 21 At t a c h m e n t : 1 . P r o j e c t P l a n s - S a i n t P a t r i c k W a y ( S a i n t P a t r i c k W a y S t u d y S e s s i o n ) 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. 5.1 Packet Pg. 9 Page 2 of 17 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: 5.1 Packet Pg. 10 Page 3 of 17 • 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 5.1 Packet Pg. 11 Page 4 of 17 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 5.1 Packet Pg. 12 Page 5 of 17 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. 5.1 Packet Pg. 13 Page 6 of 17 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. 5.1 Packet Pg. 14 Page 7 of 17 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. 5.1 Packet Pg. 15 Page 8 of 17 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 5.1 Packet Pg. 16 Page 9 of 17 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. 5.1 Packet Pg. 17 Page 10 of 17 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. 5.1 Packet Pg. 18 Page 11 of 17 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; 5.1 Packet Pg. 19 Page 12 of 17 • 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 5.1 Packet Pg. 20 Page 13 of 17 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 Packet Pg. 21 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 5.1 Packet Pg. 22 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 Packet Pg. 23 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 5.1 Packet Pg. 24 Page 17 of 17 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 Packet Pg. 25 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 Packet Pg. 26 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 27 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 28 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 29 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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, 5.1.a Packet Pg. 30 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 31 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 32 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 33 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 34 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 35 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 36 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 37 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 38 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 39 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 40 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 41 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 42 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 43 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 44 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 45 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 46 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 47 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 48 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 49 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 50 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 51 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 52 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 53 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 Packet Pg. 54 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 55 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 56 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 57 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 58 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 59 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 60 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 5.1.a Packet Pg. 61 At t a c h m e n t : 1 . R e s o l u t i o n A p p r o v i n g t h e S i t e D e v e l o p m e n t R e v i e w P e r m i t a n d V e s t i n g T e n t a t i v e M a p ( S t . P a t r i c k W a y R e s i d e n t i a l P r o j e c t S D R 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 DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A0 . 0 CO V E R Ar c h i t e c t u r a l A0 . 0 Co v e r A0 . 1 Sh e e t I n d e x A0 . 2 Pr o j e c t D a t a A0 . 3 Su r r o u n d i n g C o n t e x t M a p A0 . 4 Co n c e p t u a l S i t e P l a n A0 . 5 La n g u a g e E x h i b i t : A + B A0 . 6 La n g u a g e E x h i b i t : A A0 . 7 Co n c e p t u a l B u i l d i n g D e t a i l s : L a n g u a g e A A0 . 8 La n g u a g e E x h i b i t : B A0 . 9 Co n c e p t u a l B u i l d i n g D e t a i l s : L a n g u a g e B A1 . 0 Bu i l d i n g P e r s p e c t i v e s A1 . 1 Bu i l d i n g P e r s p e c t i v e s A1 . 2 Bu i l d i n g P e r s p e c t i v e s A1 . 3 Bu i l d i n g P e r s p e c t i v e s A1 . 4 Bu i l d i n g P e r s p e c t i v e s A1 . 5 Bu i l d i n g P e r s p e c t i v e s A2 . 0 Bu i l d i n g E l e v a t i o n : N o r t h ( S t P a t r i c k ) A2 . 1 Bu i l d i n g E l e v a t i o n s : E a s t A2 . 2 Bu i l d i n g E l e v a t i o n s : S o u t h ( 5 8 0 ) A2 . 3 Bu i l d i n g E l e v a t i o n s : W e s t A3 . 0 Bu i l d i n g F l o o r P l a n - L e v e l 1 A3 . 1 Bu i l d i n g F l o o r P l a n - L e v e l 2 A3 . 2 Bu i l d i n g F l o o r P l a n - L e v e l 3 / 4 A3 . 3 Bu i l d i n g F l o o r P l a n - L e v e l 5 A3 . 4 Bu i l d i n g R o o f P l a n A4 . 0 Co n c e p t u a l L i g h t i n g D e t a i l s : L i g h t i n g * A5 . 0 Ma t e r i a l & C o l o r B o a r d : L a n g u a g e A A5 . 1 Ma t e r i a l & C o l o r B o a r d : L a n g u a g e B A6 . 0 Co n c e p t u a l F i r e A c c e s s D i a g r a m A6 . 1 Al l o w a b l e A r e a s A6 . 2 Ex i t i n g D i a g r a m A7 . 0 Gr e e n P o i n t R a t e d C h e c k l i s t La n d s c a p e L1 . 1 Co n c e p t u a l L a n d s c a p e P l a n L1 . 2 Co n c e p t u a l S t r e e t s c a p e P l a n L2 . 0 Co n c e p t u a l L i g h t i n g P l a n L3 . 0 Co n c e p t u a l P l a n t i n g P l a n L4 . 0 Co n c e p t u a l I r r i g a t i o n Z o n i n g D i a g r a m L5 . 1 Co n c e p t u a l L a n d s c a p e I m a g e r y - S t r e e t s c a p e L5 . 2 Co n c e p t u a l L a n d s c a p e I m a g e r y - R e s i d e n t i a l Ci v i l C1 . 0 Ve s t i n g T e n t a t i v e M a p C2 . 0 Bo u n d a r y & E x i s t i n g C o n d i t i o n s C2 . 1 Ex i s t i n g U t i l i t i e s & E a s e m e n t s C3 . 0 Si t e P l a n C4 . 0 Pr e l i m i n a r y U t i l i t y P l a n C5 . 0 Pr e l i m i n a r y G r a d i n g & D r a i n a g e P l a n C6 . 0 Pr e l i m i n a r y S t o r m w a t e r C o n t r o l P l a n C7 . 0 Pr e l i m i n a r y E r o s i o n C o n t r o l P l a n C8 . 0 Fi r e A c c e s s & S e r v i c e P l a n Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 3 , 2 0 1 8 A0 . 1 SH E E T I N D E X MA R C H 1 6 , 2 0 1 8 Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A0 . 2 PR O J E C T D A T A Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A0 . 3 SU R R O U N D I N G C O N T E X T M A P 1 2 3 123 A0.4 A0 . 4 BU I L D I N G L A N G U A G E : A & B 0 30 60 15 Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 Bu i l d i n g L a n g u a g e : A St . P a t r i c k : P e d e s t r i a n E x p e r i e n c e Mi c r o G e s t u r e Pa u s e In t e r a c t Co n n e c t i o n 0. 6 M P H Bu i l d i n g L a n g u a g e : B 58 0 : V e h i c u l a r E x p e r i e n c e Ma c r o G e s t u r e Mo t i o n Ob s e r v e Ed g e 65 M P H A0 . 5 A0 . 5 BU I L D I N G L A N G U A G E : A Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 Bu i l d i n g La n g u a g e A 1 2 3 No d e 2 : E n t r y S t o o p Node 1: Co l l a b o r a t i v e W o r k S p a c e No d e 3 : L o b b y / L e a s i n g O f f i c e A0 . 6 S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A0 . 6 BU I L D I N G L A N G U A G E : A DE T A I L S 0 8 16 32 1. K e y F r o n t E l e v a t i o n n . t . s . 1 Ke y M a p n . t . s . 1 St . P a t r i c k E n t r y L o b b y 3 De c k a t H o r i z o n t a l M a s s i n g Stucco Co m p o s i t e Ra i l i n g w / M e t a l Fr a m e 1 4 Me t a l A w n i n g St o r e f r o n t De c o r a t i v e Li g h t F i x t u r e CompositePanelCementitiousLap Siding De c k E d g e Si g n a g e Metal AwningMetal RailingDeck Edge St u c c o 3 2 2 Me t a l A w n i n g + W i n d o w D e t a i l St u c c o Me t a l A w n i n g St u c c o Co m p o s i t e Pa n e l 4 Vertical Massing A0 . 8 A0 . 7 A0 . 7 BU I L D I N G L A N G U A G E : B Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 Bu i l d i n g La n g u a g e B 2 3 1 Ar e a 1 : P a r k i n g G a r a g e Area 3: Residential Corner Ar e a 2 : U n i t s a t S i n g l e L o a d e d C o r r i d o r A0 . 7 A0 . 8 S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A0 . 8 BU I L D I N G L A N G U A G E : B DE T A I L S 0 8 16 32 1. K e y R e a r E l e v a t i o n n . t . s . Ke y M a p n . t . s . 1 W i n d o w s a t R e a r 2 Op e n i n g s a t G a r a g e R e a r E l e v a t i o n St u c c o 1 1 Me t a l A w n i n g St u c c o Me t a l R a i l i n g St u c c o 2 Me t a l R a i l i n g Me t a l A w n i n g Me t a l S l a t S c r e e n St u c c o St u c c o Co m p o s i t e Pa n e l 2. K e y E a s t E l e v a t i o n n . t . s . 3 St u c c o Me t a l P a n e l a t Ba l c o n y 3 De c k a t E a s t & W e s t E l e v a t i o n s 4 Parapet at East & West Elevations StuccoStuccoMetal Awning 4 2 Composite Panel A0 . 9 Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A6 . 0 BU I L D I N G P E R S P E C T I V E S ST . P A T R I C K W A Y M A I N E N T R Y 1 Ke y M a p n . t . s . 1. B u i l d i n g P e r s p e c t i v e o f S t . P a t r i c k W a y M a i n E n t r y S t . P a t r i c k W a y Entry Drive A B C A6 . 0 1 S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A6 . 1 BU I L D I N G P E R S P E C T I V E S ST . P A T R I C K W A Y L O O K I N G E A S T 1 Ke y M a p n . t . s . 1. B u i l d i n g P e r s p e c t i v e f r o m I n t e r s e c t i o n o f S t . P a t r i c k W a y a n d E n t r y D r i v e A6 .1 Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A6 . 2 BU I L D I N G P E R S P E C T I V E S ST . P A T R I C K W A Y E N T R Y 1 Ke y M a p n . t . s . 1. B u i l d i n g P e r s p e c t i v e f r o m S t . P a t r i c k W a y l o o k i n g W e s t S t . P a t r i c k W a y Entry Drive A B C A6 .1 S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A6 . 3 BU I L D I N G P E R S P E C T I V E S ST . P A T R I C K W A Y L O O K I N G W E S T 1 Ke y M a p n . t . s . 1. B u i l d i n g P e r s p e c t i v e f r o m S t . P a t r i c k W a y l o o k i n g W e s t A6 .1 S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A6 . 4 BU I L D I N G P E R S P E C T I V E S VI E W F R O M I - 5 8 0 1 Ke y M a p n . t . s . 1. B u i l d i n g P e r s p e c t i v e f r o m I - 5 8 0 l o o k i n g W e s t A6 .1 S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A6 . 5 BU I L D I N G P E R P S E C T I V E S VI E W F R O M I - 5 8 0 1 Ke y M a p n . t . s . 1. B u i l d i n g P e r s p e c t i v e f r o m I - 5 8 0 l o o k i n g E a s t A6 .1 ±63'-6" 10'-3"10'-3"10'-3"10'-3"10'-3" S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A2 . 0 BU I L D I N G E L E V A T I O N S ST . P A T R I C K W A Y - B U I L D I N G L A N G U A G E A 1. F r o n t E l e v a t i o n : S t . P a t r i c k W a y 1 1 1 3 1 6 10 10 Ma t e r i a l L e g e n d : 1. St u c c o 2. Ce m e n t i t i o u s P a n e l 3. Ce m e n t i t i o u s L a p S i d i n g 4. Me t a l P a n e l R a i l i n g 5. Co m p o s i t e R a i l i n g 6. Me t a l A w n i n g I 7. Me t a l A w n i n g I I 8. Me t a l R a i l i n g 9. Vi n y l W i n d o w 10 . St o r e f r o n t 11 . Me t a l S c r e e n 12 . Co m p o s i t e P a n e l Ke y M a p n . t . s . 2 12 9 8 5 3 1 1 10 0 8 16 32 ±61'-1"10'-3"10'-3"10'-3"10'-3"10'-3" ±58'-9" 12'-3"10'-3"10'-3"10'-3"10'-3" S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A2 . 1 BU I L D I N G E L E V A T I O N S EA S T E L E V A T I O N 0 8 16 32 1 Ma t e r i a l L e g e n d : 1. St u c c o 2. Ce m e n t i t i o u s P a n e l 3. Ce m e n t i t i o u s L a p S i d i n g 4. Me t a l P a n e l R a i l i n g 5. Co m p o s i t e R a i l i n g 6. Me t a l A w n i n g I 7. Me t a l A w n i n g I I 8. Me t a l R a i l i n g 9. Vi n y l W i n d o w 10 . St o r e f r o n t 11 . Me t a l S c r e e n 12 . Co m p o s i t e P a n e l 1 1 1 1 12 4 8 9 1 12 5 1 1 9 1 2 3 2 1. P a r t i a l E a s t E l e v a t i o n 2. P a r t i a l E a s t E l e v a t i o n 1 2 Ke y M a p n . t . s . Bu i l d i n g L a n g u a g e A Building Langu a g e B ±63'-0" 10'-3"10'-3"10'-3"10'-3"10'-3" S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A2 . 2 BU I L D I N G E L E V A T I O N S 58 0 H I G H W A Y - B U I L D I N G L A N G U A G E B 1 1. R e a r E l e v a t i o n : V i e w f r o m I n t e r s t a t e 5 8 0 1 1 9 1 8 8 11 1 Ma t e r i a l L e g e n d : 1. St u c c o 2. Ce m e n t i t i o u s P a n e l 3. Ce m e n t i t i o u s L a p S i d i n g 4. Me t a l P a n e l R a i l i n g 5. Co m p o s i t e R a i l i n g 6. Me t a l A w n i n g I 7. Me t a l A w n i n g I I 8. Me t a l R a i l i n g 9. Vi n y l W i n d o w 10 . St o r e f r o n t 11 . Me t a l S c r e e n 12 . Co m p o s i t e P a n e l Ke y M a p n . t . s . 1 1 12 8 12 0 8 16 32 7 ±61'-0" 10'-3"10'-3"10'-3"10'-3"10'-3" ±63'-0"10'-3"10'-3"10'-3"10'-3"10'-3" S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A2 . 3 BU I L D I N G E L E V A T I O N S WE S T E L E V A T I O N 1. P a r t i a l W e s t E l e v a t i o n 2. P a r t i a l W e s t E l e v a t i o n 1 2 1 Ke y M a p n . t . s . Ma t e r i a l L e g e n d : 1. St u c c o 2. Ce m e n t i t i o u s P a n e l 3. Ce m e n t i t i o u s L a p S i d i n g 4. Me t a l P a n e l R a i l i n g 5. Co m p o s i t e R a i l i n g 6. Me t a l A w n i n g I 7. Me t a l A w n i n g I I 8. Me t a l R a i l i n g 9. Vi n y l W i n d o w 10 . St o r e f r o n t 11 . Me t a l S c r e e n 12 . Co m p o s i t e P a n e l 3 1 5 1 1 8 1 2 12 8 1 1 1 3 4 0 8 16 32 2 Bu i l d i n g L a n g u a g e B Buildin g L a n g u a g e A UP Re s i d e n t i a l P a r k i n g ±8 6 S t a n d a r d ±2 A c c e s s i b l e Tr a s h Ut i l i t y Tr a s h EV R EV R EV R Gu e s t P a r k i n g ±2 1 S t a n d a r d ±2 A c c e s s i b l e Bi c y c l e S t o r a g e GuestGuestGuest Guest Guest GuestGuestGuest GuestGuestGuestGuestGuestGuestGuestGuestGuestGuestGuestGuest Guest EVR Guest Guest Co m p P1 - 0 P2 - 1 P0 - 2 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P0 - 1 P1 - 3 P1 - 2 P1 - 0 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 P0 - 1 P2 - 0 P0 - 3 P1 - 0 P1 - 0 P1 - 0 P1 - 0 P1 - 0 (P 2 - 0 A b o v e ) P2 - 0 P2 - 0 P2 - 1 P1 - 0 P0 - 1 P1 - 0 P0 - 1 P2 - 0 P2 - 0 P0 - 1 P0 - 1 P2 - 0 P2 - 0 P0 - 1 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P0 - 1 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 P2 - 0 P1 - 0 P1 - 0 P2 - 0 P1 - 0 P1 - 0 P1 - 0 P1 - 0 P1 - 0 P1 - 2 P1 - 2 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 P1 - 0 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 El e c t r i c a l (P 1 - 0 A b o v e ) Co u r t y a r d A Co u r t y a r d B En t r y Ga t e Ma i n t e n a n c e / Ut i l i t y El e c t r i c a l El e c t r i c a l (P 1 - 0 A b o v e ) Lo b b y 3 Am e n i t y ±1 , 7 7 0 S F (D o u b l e He i g h t ) Lo b b y 2 Ut i l i t y Fi r e P u m p Rm . ( a s r e q u i r e d ) El e c t r i c a l Co l l a b o r a t i v e Wo r k ±1 , 5 0 0 S F (D o u b l e H e i g h t ) Am e n i t y ±1 , 7 7 0 S F (D o u b l e He i g h t ) Po o l Eq u i p t . Lo b b y 1 Le a s i n g ±2 , 1 0 0 S F (D o u b l e H e i g h t ) Am e n i t y ±2 , 3 0 0 S F (D o u b l e H e i g h t ) Lo b b y 1 P2 - 0 Co u r t y a r d C P2 - 0 288'-9" 38 6 ' - 0 " 23 5 ' - 1 0 " 28 4 ' - 9 " 52 0 ' - 6 " 625'-7" 336'-11" 127'-6"297'-0"101'-8"526'-2" 17 0 ' - 1 " 24 ' - 0 " 9'-0" TYP. 280'-0" 19 7 ' - 1 0 " 18 ' - 0 " TY P . 5'-0" 35'-0" 18'-0" TYP. 9' - 0 " TY P . 41 ' - 0 " 24 ' - 0 " 41 ' - 0 " 24 ' - 0 " 18 ' - 0 " 18 ' - 0 " 1'-6" TYP. 5'-6" 6'-0" 9'-3"6'-0" 6' - 6 " 10 ' - 2 " 10 8 ' - 1 0 " 161'-3" 173'-4" 62 ' - 1 1 " 70'-0" 17 4 ' - 0 " 33'-10" 5' - 0 " 10'-6" 24'-0" 5'-0"5'-0" 6' - 0 " 8' - 0 " 17'-0" 5'-0"9'-6"5'-0" Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A3 . 0 BU I L D I N G F L O O R P L A N LE V E L 1 0 16 32 64 P1 - 0 P2 - 1 Le a s i n g Be l o w Am e n i t y Be l o w P2 - 0 P2 - 0 P0 - 1 P1 - 3 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 Lo b b y P0 - 3 P1 - 0 P2 - 0 UP DN DN Tr .Ut i l i t y EV R Tr . EV R EV R Re s i d e n t i a l P a r k i n g ±1 3 9 S t a n d a r d ±3 A c c e s s i b l e EV R Ut . EV R Co m p P2 - 0 P2 - 0 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P2 - 0 P2 - 1 P1 - 0 P1 - 0 P2 - 0 Am e n i t y Be l o w Lo b b y 2 P2 - 0 P2 - 0 P0 - 1 P1 - 0 P1 - 0 P0 - 1 P1 - 0 P0 - 1 P2 - 0 P2 - 0 P0 - 1 P0 - 1 Co l l a b o r a t i v e Wo r k Be l o w P0 - 2 P2 - 0 P2 - 0 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P0 - 1 P2 - 0 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 0 P2 - 0 P1 - 0 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 P1 - 0 P2 - 0 P1 - 0 P1 - 0 P1 - 0 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 Am e n i t y Be l o w P1 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 L.L. P2 - 0 288'-9" 38 6 ' - 0 " 23 5 ' - 1 0 " 28 4 ' - 9 " 52 0 ' - 6 " 625'-7" 336'-11" 127'-6"297'-0"101'-8"526'-2" 17 0 ' - 1 " 279'-10" 19 7 ' - 1 0 " 15'-0" 6' - 6 " 15 ' - 8 " 9'-0" TYP. 18 ' - 0 " TY P . 5'-0" 35'-0" 18'-0" TYP. 9' - 0 " TY P . 24 ' - 0 " 41 ' - 0 " 24 ' - 0 " 18 ' - 0 " 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 L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A3 . 1 BU I L D I N G F L O O R P L A N LE V E L 2 0 16 32 64 UP Ut i l i t y EV R Tr . DN DN EV R EV R Re s i d e n t i a l P a r k i n g ±1 3 9 S t a n d a r d ±3 A c c e s s i b l e EV R Tr . Ut . EV R EV R EV R Co m p P1 - 0 P2 - 1 L. P2 - 0 P2 - 0 P0 - 1 P1 - 3 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 Lo b b y P0 - 3 P1 - 0 P2 - 0 P2 - 0 P2 - 0 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P2 - 0 P2 - 1 P1 - 0 P2 - 0 Lo b b y 2 P2 - 0 P2 - 0 P0 - 1 P1 - 0 P1 - 0 P0 - 1 P1 - 0 P0 - 1 P2 - 0 P2 - 0 P0 - 1 P0 - 1 P0 - 2 P2 - 0 P2 - 0 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P0 - 1 P2 - 0 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P1 - 0 P1 - 0 L. P2 - 0 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P0 - 1 P0 - 1 P2 - 2 P1 - 0 P1 - 0 P1 - 2 P1 - 2 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 P2 - 0 288'-9" 38 6 ' - 0 " 23 5 ' - 9 " 28 4 ' - 9 " 52 0 ' - 6 " 625'-7" 336'-11" 127'-6"297'-0"101'-8"526'-2" 17 0 ' - 1 " 279'-10" 19 7 ' - 1 0 " 6' - 6 " 15 ' - 8 " 9'-0" TYP. 18 ' - 0 " TY P . 5'-0" 35'-0" 18'-0" TYP. 9' - 0 " TY P . 24 ' - 0 " 41 ' - 0 " 24 ' - 0 " 18 ' - 0 " 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 L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A3 . 2 BU I L D I N G F L O O R P L A N LE V E L 3 & 4 0 16 32 64 UP Ut i l i t y EV R Tr . DN DN EV R EV R Re s i d e n t i a l P a r k i n g ±1 3 8 S t a n d a r d ±4 A c c e s s i b l e EV R EVR EV R EV R Tr . Ut . EVR Co m p P1 - 0 P2 - 1 L. P2 - 0 P2 - 0 P0 - 1 P1 - 3 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 2 Lo b b y P0 - 3 P1 - 0 P2 - 0 P2 - 0 P2 - 0 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P2 - 0 P2 - 1 P1 - 0 P2 - 0 Lo b b y 2 P2 - 0 P2 - 0 P2 - 0 P0 - 1 P1 - 0 P0 - 2 P2 - 0 P2 - 0 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P0 - 1 P2 - 0 P1 - 2 P1 - 2 P1 - 2 P1 - 2 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P2 - 0 P2 - 0 P1 - 0 P1 - 0 P1 - 0 P2 - 0 P1 - 0 P2 - 0 P1 - 0 P1 - 0 L. P2 - 0 P2 - 0 P2 - 2 P1 - 0 P1 - 0 P0 - 1 P1 - 0 P0 - 1 P2 - 0 P2 - 0 P0 - 1 P0 - 1 P2 - 0 P2 - 0 P0 - 1 P0 - 1 P1 - 0 P1 - 0 P1 - 2 P1 - 2 P1 - 0 P1 - 0 P2 - 0 P2 - 0 Am e n i t y ±7 4 5 S F P1 - 0 P1 - 0 P1 - 0 P2 - 0 P2 - 0 P1 - 0 P2 - 0 Am e n i t y ±7 4 5 S F P2 - 0 288'-9" 38 6 ' - 0 " 23 5 ' - 9 " 28 4 ' - 9 " 52 0 ' - 6 " 625'-7" 336'-11" 127'-6"297'-0"101'-8"526'-2" 17 0 ' - 1 " 279'-10" 19 7 ' - 1 0 " 6' - 6 " 15 ' - 8 " 6' - 6 " 15 ' - 8 " 9'-0" TYP. 18 ' - 0 " TY P . 5'-0" 35'-0" 18'-0" TYP. 9' - 0 " TY P . 24 ' - 0 " 41 ' - 0 " 24 ' - 0 " 18 ' - 0 " 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 L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A3 . 3 BU I L D I N G F L O O R P L A N LE V E L 5 0 16 32 64 DN Re s i d e n t i a l P a r k i n g ±9 2 S t a n d a r d Ut i l i t y Op e n t o S k y Op e n t o B e l o w Ut . Ut . Co m p Sc r e e n e d M e c h a n i c a l U n i t s , T y p . 288'-9" 38 6 ' - 5 " 23 5 ' - 1 0 " 28 4 ' - 1 " 51 9 ' - 1 0 " 615'-5" 326'-9" 128'-7"298'-0"100'-7"527'-2" 16 9 ' - 1 " 278'-0" 19 6 ' - 0 " So l a r R e a d y Z o n e , T y p . 15 ' - 8 " 24 ' - 0 " 9'-0" TYP. 18 ' - 0 " TY P . 35'-0" 41 ' - 0 " 24 ' - 0 " 18 ' - 0 " 1'-6" TYP. 5'-6" 6'-0"5' - 0 " 24'-0" 5'-0"5'-0" 5'-0" 8' - 0 " 5' - 0 " 13 ' - 6 " 17'-0" 10 ' - 2 " 17 ' - 6 " 18 ' - 0 " TY P . Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A3 . 4 BU I L D I N G R O O F P L A N 0 16 32 64 Le g e n d So l a r R e a d y Z o n e , c a l c u l a t e d p e r 1 5 % r o o f a r e a Lo c a t i o n s s u b j e c t t o b e r e f i n e d a s b u i l d i n g p r o g r e s s e s Pr o j e c t m a y o p t f o r E x c e p t i o n 4 t o S e c t i o n 1 1 0 . 1 0 ( b ) 1 B Sc r e e n e d M e c h a n i c a l U n i t s S t . P a t r i c k W a y Entry Drive A B C Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A7 . 0 CO N C E P T U A L L I G H T I N G D E T A I L S 0 8 16 32 1 Wa l l S c o n c e : L o b b y + L e a s i n g 2 Re c e s s e d C a n L i g h t : B a l c o n y 3 Li n e a r F i x t u r e : G a r a g e * Lighting to be refined as project progresses. Ca l c u l i t e C F L Re c e s s e d O p e n Do w n l i g h t ( o r s i m . ) Or i o n S a b e r Li n e a r L i g h t Fi x t u r e ( o r s i m . ) We s l e y 2 L E D Al u m i n u m W a l l Sc o n c e ( o r s i m . ) 1 Ke y M a p n . t . s . 3 2 A7 . 0 A4 . 0 St. Patrick Way En t r y D r i v e A B C Architecture + Planning 1814 Franklin St., Ste. 400 Oakland, CA 94612 510.272.2910 ktgy.com DUBLIN, CA # 2017-0486 ST. PATRICK WAY SCHEMATIC DESIGN: SUBMITTAL #3 MARCH 13, 2018 A8.0MATERIAL AND COLOR BOARD ST. PATRICK WAY - BUILDING LANGUAGE ANTS 1. Front Elevation: St. Patrick Way 1 Key Map n.t.s. STUCCO 2STUCCO 1 S2S1 CEMENTITIOUS LAP SIDING 1CL1CEMENTITIOUS PANEL 1CP1 METAL AWNING 1MW1 VINYL WINDOW 1W1 STUCCO 3S3 COMPOSITE BOARD 2CB2COMPOSITE BOARD 1CB1 STUCCO 4S4 CL1 CP1 S1 S5CB1 S4CB2S2S3MW1W1 STUCCO 5S5 A8.1A8.A5. St. Patrick Way En t r y D r i v e A B C Architecture + Planning 1814 Franklin St., Ste. 400 Oakland, CA 94612 510.272.2910 ktgy.com DUBLIN, CA # 2017-0486 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 1Key Map n.t.s. 2. East Elevation 2 St. Patrick Way En t r y D r i v e A B C Architecture + Planning 1814 Franklin St., Ste. 400 Oakland, CA 94612 510.272.2910 ktgy.com DUBLIN, CA # 2017-0486 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 1Key Map n.t.s. 2. East Elevation 2 St. Patrick Way En t r y D r i v e A B C Architecture + Planning 1814 Franklin St., Ste. 400 Oakland, CA 94612 510.272.2910 ktgy.com DUBLIN, CA # 2017-0486 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 1Key Map n.t.s. 2. East Elevation 2 S3S4CB1M4S2CB1 CB1 M4 M3 S3 S3 S3 S5 S4 S5 S5 S4 S1 S1S4S3 S1 M2M1 CB1 M4 STUCCO 5S5STUCCO 2S2 COMPOSITE BOARD 1CB1METAL 1M1 METAL 2M2 METAL 3M3 STUCCO 3 STUCCO 4S3S4STUCCO 1S1 METAL 4M4 VINYL WINDOW 1W1 A8.A5.MARCH 16, 2018 5 F T S E T B A C K 5FT SETBACK 5FT SETBACK 5FT SETBACK 5FT SETBACK 10 F T S E T B A C K UP Re s i d e n t i a l P a r k i n g ±8 6 S t a n d a r d ±2 A c c e s s i b l e Tr a s h Ut i l i t y Tr a s h EV R EV R EV R Gu e s t P a r k i n g ±2 1 S t a n d a r d ±2 A c c e s s i b l e Bi c y c l e S t o r a g e GuestGuestGuest Guest Guest GuestGuestGuest GuestGuestGuestGuestGuestGuestGuestGuestGuestGuestGuestGuest Guest EVR Guest Guest Co m p 15 0 ' H O S E M A X P U L L W / F I R E TR U C K LE G E N D 15 - 3 0 F T A E R I A L F I R E AP P A R A T U S A C C E S S R O A D S ST A N D P I P E I N S T A I R E N C L O S U R E 15 0 ' H O S E M A X P U L L F R O M ST A N D P I P E 11 1 ' - 9 " 161'-4" 205'-6" 60 ' - 0 " 70'-0" 17 4 ' - 0 " 26 ' - 0 " 26 ' - 0 " 26'-0" CO N N E L Y S T A T I O N A P A R T M E N T S So u t h S t r e e t ( P r i v a t e ) West Street (Private- Easement Provided) S t . P a t r i c k W a y ( E x t e n s i o n ) Pr o j e c t En t r y Entry Drive/ Co u r t y a r d C AERIAL FIRE DEPARTMENT ACCESS Fi r e A p p a r a t u s A c c e s s R o a d Regional Street 26 ' - 0 " ±1 6 ' - 0 " ±2 3 ' - 0 " AERIAL FIRE DEPARTMENT ACCESS 21'-8" Ga r a g e 1 B U I L D I N G / 1 R O O F 5 L e v e l s (A C C E S S T O B E P R O V I D E D F O R E L E V A T I O N CH A N G E S ) Se e C i v i l A 8 . 0 f o r a e r i a l fi r e d e p a r t m e n t a c c e s s ro a d d i m e n s i o n s Fire Apparatus Access Road Co u r t y a r d A + B in t e r c o n n e c t e d w i t h br e e z e w a y a b o v e El e c t r i c a l (P 1 - 0 A b o v e ) Co u r t y a r d A Co u r t y a r d B Ga t e Ut i l i t y El e c t r i c a l El e c t r i c a l (P 1 - 0 A b o v e ) Lo b b y 3 Lo b b y 2 Fi r e P u m p Rm . ( a s r e q u i r e d ) El e c t r i c a l Co l l a b o r a t i v e Wo r k ±1 , 5 0 0 S F (D o u b l e H e i g h t ) Am e n i t y ±1 , 7 7 0 S F (D o u b l e He i g h t ) Po o l Eq u i p t . Lo b b y 1 Am e n i t y ±2 , 3 0 0 S F (D o u b l e H e i g h t ) Lo b b y 1 Le a s i n g ±2 , 1 0 0 S F (D o u b l e H e i g h t ) 38 6 ' - 0 " 52 0 ' - 6 " 625'-7" 526'-2" 17 0 ' - 1 " A1 . 1 CO N C E P T U A L F I R E A C C E S S D I A G R A M LE V E L 1 0 30 60 15 Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A1 . 1 A6 . 0 A1 . 1 A6 . 0 UP Ut i l i t y EV R Tr . DN DN EV R EV R Re s i d e n t i a l P a r k i n g ±1 3 9 S t a n d a r d ±3 A c c e s s i b l e EV R Tr . Ut . EV R EV R EV R Co m p BLDG 15:7,130 SF x 5 Stories =±35,650 SF Total(48,000 SF Allowable)BLDG 14:4,750 SF x 5 Stories =±23,750 SF Total(48,000 SF Allowable)BLDG 13:7,540 SF x 5 Stories =±37,700 SF Total(48,000 SF Allowable)BLDG 9:9,280 SF x 5 Stories =±46,400 SF Total(48,000 SF Allowable)BLDG 8:7,710 SF x 5 Stories =±38,550 SF Total(48,000 SF Allowable)BLDG 11:7,620 SF x 5 Stories =±38,100 SF Total(48,000 SF Allowable)BLDG 12:6,280 SF x 5 Stories =±31,400 SF Total(48,000 SF Allowable) BL D G 7 : 8, 8 3 0 S F x 5 S t o r i e s = ±4 4 , 1 5 0 S F T o t a l (4 8 , 0 0 0 S F A l l o w a b l e ) BL D G 6 : 6, 4 5 0 S F x 5 S t o r i e s = ±3 2 , 2 5 0 S F T o t a l (4 8 , 0 0 0 S F A l l o w a b l e ) BL D G 5 : 6, 5 3 0 S F x 5 S t o r i e s = ±3 2 , 6 5 0 S F T o t a l (4 8 , 0 0 0 S F A l l o w a b l e ) BL D G 4 : 5, 4 6 0 S F x 5 S t o r i e s = ±2 7 , 3 0 0 S F T o t a l (4 8 , 0 0 0 S F A l l o w a b l e ) BL D G 1 7 : 8, 2 7 0 S F x 5 St o r i e s = ±4 1 , 3 5 0 S F To t a l (4 8 , 0 0 0 S F Al l o w a b l e ) BLDG 1:7,850 SF x 5 Stories = ±39,250 SF Total(48,000 SF Allowabl e ) BL D G 2 : 7, 6 2 0 S F x 5 S t o r i e s = ±3 8 , 1 0 0 S F T o t a l (4 8 , 0 0 0 S F A l l o w a b l e ) BL D G 3 : 9, 4 3 0 S F x 5 S t o r i e s = ±4 7 , 1 5 0 S F T o t a l (4 8 , 0 0 0 S F A l l o w a b l e ) BL D G 1 6 : 7, 2 1 0 S F x 5 S t o r i e s = ±3 6 , 0 5 0 S F T o t a l (4 8 , 0 0 0 S F A l l o w a b l e ) BLDG 10:4,720 SF x 5 Stories =±23,600 SF Total(48,000 SF Allowable) H. E . H. E . H. E . F. W . F.W . F.W. F. W . F. W . F. W . F. W . F. W . F. W . F.W. F.W. F.W. F. W . F.W. F. W . Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A1 . 2 AL L O W A B L E A R E A LE V E L 3 ( T Y P I C A L ) 0 16 32 64 Co n s t r u c t i o n T y p e : T y p e I I I A Al l o w a b l e B u i l d i n g H e i g h t ( C B C T a b l e 5 0 4 . 3 ) Al l o w a b l e b u i l d i n g h e i g h t s : T y p e I I I A R - 2 = 6 5 f e e t , 4 S t o r i e s Al l o w a b l e b u i l d i n g h e i g h t s w i t h S p r i n k l e r I n c r e a s e : T y p e I I I A R - 2 = 8 5 f e e t , 5 S t o r i e s Al l o w a b l e B u i l d i n g A r e a ( C B C S e c t i o n 5 0 6 . 2 . 3 ) Aa = [ A t + ( N S x I f )] x S a Aa = A l l o w a b l e a r e a ( s q u a r e f e e t ) At = T a b u l a r a l l o w a b l e a r e a f a c t o r p e r T a b l e 5 0 6 . 2 NS = T a b u l a r a l l o w a b l e a r e a f a c t o r p e r T a b l e 5 0 6 . 2 f o r a n o n s p r i n k l e r e d b u i l d i n g If = F r o n t a g e I n c r e a s e ( n o t t a k e n ) Sa = N u m b e r o f b u i l d i n g s t o r i e s a b o v e g r a d e p l a n e , n o t t o e x c e e d 2 CB C 5 0 6 . 3 . 3 F r o n t a g e I n c r e a s e : If = [ F / P - 0 . 2 5 ] W / 3 0 = 0 ( Fr o n t a g e I n c r e a s e n o t t a k e n ) Aa = [ A t + ( N S x I f )] x S a Aa = [ 2 4 , 0 0 0 + ( 2 4 , 0 0 0 x 0 ) ] x 2 Aa = 4 8 , 0 0 0 S F Al l o w a b l e b u i l d i n g a r e a = 4 8 , 0 0 0 S F p e r b u i l d i n g Fi r e - R e s i s t a n c e R a t i n g R e q u i r e m e n t s i n T y p e I I I A C o n s t r u c t i o n Ex t e r i o r B e a r i n g W a l l s : 2 H o u r ( C B C T a b l e 6 0 1 ) Ex t e r i o r N o n b e a r i n g W a l l s : 1 H o u r ( C B C T a b l e 6 0 2 ) Fi r e W a l l s : 3 H o u r ( C B C T a b l e 7 0 6 . 4 ) St a i r E n c l o s u r e : 2 H o u r ( C B C S e c t i o n 7 1 3 . 4 ) H. E . Ho r i z o n t a l E x i t Fi r e W a l l Le g e n d F. W . A1 . 2 A6 . 1 UP Ut i l i t y EV R Tr . DN DN EV R EV R Re s i d e n t i a l P a r k i n g ±1 3 9 S t a n d a r d ±3 A c c e s s i b l e EV R Tr . Ut . EV R EV R EV R Co m p H. E . ±2 3 9 ' - 4 " T r a v e l D i s t a n c e (2 5 0 ' M a x . T r a v e l D i s t a n c e ) H. E . ±242'-3" Travel Distance (250' Max. Travel Distance) H. E . ±171'-1" Travel Distance(250' Max. Travel Distance)±165'-0" Travel Distance (250' Max. Travel Distance) ± 7 2 2 ' D i a g o n a l (± 2 4 0 ' - 8 " M i n . D i s t . B / t E x i t s ±470'-6" B/t Exits ±155'-8" Travel Distance(250' Max. Travel Distance)±123'-4" Travel Distance(250' Max. Travel Distance) ±3 7 0 ' D i a g o n a l (± 1 2 3 ' - 4 " M i n . D i s t . B / t E x i t s ) ±174'-1" B/t Exits±277' Diagonal(±92'-4" Min. Dist. B/t Exits ±209'-6" B/t Exits ±332 ' D i a g o n a l (±11 0 ' - 8 " M i n . D i s t . B / t E x i t s ) ±249'-3" B/t Exits ±2 6 1 ' - 5 " T r a v e l D i s t a n c e (4 0 0 ' M a x . T r a v e l D i s t a n c e ) ±2 7 6 ' - 4 " T r a v e l D i s t a n c e (4 0 0 ' M a x . T r a v e l D i s t a n c e ) Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A1 . 3 EX I T I N G D I A G R A M LE V E L 3 ( T Y P I C A L ) 0 16 32 64 H. E . Ex i t A c c e s s T r a v e l D i s t a n c e Mo s t R e m o t e P o i n t Ho r i z o n t a l E x i t Ma x i m u m E x i t A c c e s s T r a v e l D i s t a n c e ( C B C T a b l e 1 0 1 7 . 2 ) R O c c u p a n c y w i t h S p r i n k l e r S y s t e m : 2 5 0 ' M a x i m u m S- 2 O c c u p a n c y w i t h S p r i n k l e r S y s t e m : 4 0 0 ' M a x i m u m Le g e n d A1 . 3 A6 . 2 Architecture + Planning1814 Franklin St., Ste. 400Oakland, CA 94612510.272.2910ktgy.com DU B L I N , C A # 2 0 1 7 - 0 4 8 6 ST . P A T R I C K W A Y SC H E M A T I C D E S I G N : S U B M I T T A L # 3 MA R C H 1 6 , 2 0 1 8 A9 . 0 GR E E N P O I N T R A T E D C H E C K L I S T A9 . 0 A7 . 0 MARCH 16, 2018 MARCH 16, 2018 MARCH 16, 2018 MA R C H 1 6 , 2 0 1 8 MA R C H 1 6 , 2 0 1 8 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 344 . 1 350 . 9 350 . 3 349 . 9 347. 5 351 . 0 349 . 4 355. 4 355 . 2 342 . 7 343 . 6 344 . 3 345 . 4 346 . 8 343. 6 343 . 4 343 . 5 341 . 8 345 . 6 347. 6 347 . 6 346 . 4 346 . 2 344 . 4 344 . 2 342 . 8 350. 7 349 . 3 348 . 6 346 . 7 351 . 1 347 . 8 350 . 5 348 . 2 346. 5 348 . 6 349 . 7 348 . 6 346. 347 . 7 349. 3 350 . 3 350 . 2 350 . 5 349 . 6 350 . 6 346 . 3 345 . 3 346 . 6 346 . 1 345 . 9 350 . 2 348 . 6 348. 5 349 . 7 350 . 2 350 . 6 349 . 7 350 . 5 349. 3 351 . 3 350 . 8 350. 1 351 . 8 352 . 8 352. 4 351 . 2 352 . 2 352. 3 354 . 5 354. 6 354 . 9 355 . 6 356 . 6 356 . 1 355 . 7 354 . 8 355 . 4 355 . 5 353 . 5 350 . 1 354 . 7 356 . 2 356 . 8 355 . 4 355 . 1 356 . 8 352. 3 351 . 2 352 . 2 351 . 5 348 . 5 350. 6 349 . 6 349 . 8 350 . 5 350 . 4 351. 5 350 . 8 350 . 3 350. 3 350 . 6 351 . 3 351 . 9 351. 4 350 . 6 352 . 6 351. 4 350. 1 350 . 8 350 . 4 351 . 0 351 . 3 351 . 7 351 . 3 351 . 5 351 . 4 348 . 5 349 . 8 352 . 6 353 . 5 352. 3 353 . 7 351 . 4 354 . 2 355 . 3 355 . 8 353 . 2 353 . 5 343 . 2 343. 1 343 . 9 344 . 9 .7 .7 347 . 9 348 . 2 348 . 3 348 . 4 348 . 5 348 . 5 348 . 8 348 . 9 351. 5 353 . 8 351 . 5 354 . 3 353 . 3 351 . 4 3 5 0 350 345 34 5 350 350 3 5 5 345 . 5 346. 2 346 . 6 346 . 5 346 . 6 346 . 8 347 . 5 347 . 5 347 . 6 346 . 9 347 . 3 347 . 5 348. 3 348 . 4 347. 6 348 . 2 346. 8 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 344 . 1 350 . 3 349 . 9 347 . 5 351 . 0 349 . 4 355 . 4 355 . 2 343 . 6 344 . 3 345 . 4 347 . 6 346 . 4 346 . 2 344 . 4 344 . 9 345 . 5 348 . 6 346 . 7 345 . 2 345 . 2 350 . 5 348 . 2 346 . 5 344 . 7 344 . 5 348 . 6 344 . 6 345 . 7 349 . 7 348 . 6 346 . 8 347 . 7 349 . 3 350 . 3 350 . 2 350 . 5 349 . 6 350 . 8 350 . 6 349 . 7 347 . 4 344 . 6 344 . 4 344 . 4 344 . 4 344 . 6 346 . 3 345 . 3 346 . 6 347 . 9 344 . 7 346 . 1 345 . 9 350 . 2 348 . 6 348 . 5 349 . 7 350 . 2 350 . 6 349 . 7 350 . 5 349 . 3 351 . 3 350 . 8 350 . 1 351 . 8 352 . 8 354 . 6 354 . 9 355 . 6 356 . 1 355 . 7 354 . 8 355 . 4 355 . 5 353 . 5 350 . 1 354 . 7 356 . 2 356 . 8 355 . 4 355 . 1 352 . 3 351 . 2 352 . 2 351 . 5 348 . 5 350 . 6 349 . 6 349 . 8 350 . 5 350 . 4 351 . 5 350 . 8 350 . 3 350 . 3 350 . 6 351 . 3 351 . 9 351 . 4 350 . 6 349 . 5 350 . 6 350 . 4 350 . 5 350 . 5 350 . 7 350 . 3 350 . 6 352 . 6 351 . 4 350 . 8 350 . 5 350 . 6 350 . 6 350 . 1 350 . 8 350 . 4 350 . 5 350 . 4 351 . 0 351 . 3 351 . 7 351 . 3 351 . 5 351 . 4 348 . 5 349 . 8 352 . 6 353 . 5 352 . 3 353 . 7 351 . 4 355 . 3 355 . 8 353 . 2 349 . 6 349 . 1 344 . 2 346 . 9 344 . 9 347 . 7 347 . 7 347 . 7 348 . 2 347 . 8 347 . 4 347 . 9 348 . 3 348 . 4 347 . 4 347 . 5 347 . 3 348 . 5 348 . 3 348 . 5 348 . 4 348 . 8 348 . 8 348 . 9 348 . 3 349 . 4 351 . 5 353 . 8 351 . 5 354 . 3 353 . 3 351 . 4 349 . 5 344 . 7 349 . 8 349 . 5 3 5 0 350 3 5 03 5 0 350 345 345 34 5 350 350 3 5 5 345 . 5 346 . 2 346 . 6 346 . 5 346 . 6 346 . 8 347 . 6 346 . 9 347 . 3 347 . 5 348 . 3 348 . 4 347 . 6 348 . 2 346 . 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 344 . 1 350 . 3 349 . 9 351 . 0 349 . 4 355 . 4 355 . 2 344 . 3 345 . 4 347 . 6 344 . 4 350 . 5 349 . 7 350 . 3 350 . 2 350 . 5 350 . 6 346 . 3 345 . 3 346 . 6 350 . 2 350 . 6 350 . 5 349 . 3 351 . 3 350 . 8 350 . 1 351 . 8 354 . 9 355 . 6 356 . 1 355 . 7 354 . 8 355 . 4 355 . 5 353 . 5 350 . 1 354 . 7 356 . 2 356 . 8 355 . 4 355 . 1 352 . 3 351 . 2 352 . 2 351 . 5 348 . 5 350 . 6 349 . 6 349 . 8 350 . 5 350 . 4 351 . 5 350 . 8 350 . 3 350 . 3 350 . 6 351 . 3 351 . 9 351 . 4 350 . 6 352 . 6 351 . 4 350 . 1 350 . 8 350 . 4 351 . 0 351 . 3 351 . 7 351 . 3 351 . 5 351 . 4 352 . 6 353 . 5 352 . 3 353 . 7 355 . 3 355 . 8 353 . 2 344 . 9 .7 .7 348 . 2 348 . 3 348 . 4 348 . 5 348 . 5 348 . 8 348 . 9 351 . 5 353 . 8 351 . 5 354 . 3 353 . 3 351 . 4 3 5 0 350 345 34 5 350 350 3 5 5 345 . 5 346 . 2 346 . 6 346 . 5 346 . 6 346 . 8 347 . 6 346 . 9 347 . 3 347 . 5 348 . 3 348 . 4 347 . 6 348 . 2 346 . 8 UP CBC UNIT INTERIOR CBC U N I T I N T E R I O R TYPE A UNIT INTERIORNON-ACCESS R3 NO N - A C C E S S . 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CBC UNIT INTERIOR CBC U N I T I N T E R I O R CBC U N I T I N T E R I O R FIRE APP A R A T U S ACCESS R O A D ( E V A E ) AE R I A L F I R E A P P A R A T U S AC C E S S R O A D ( E V A E ) PROPOSED GARAGE COURTYARD C COURTYARD A COURTYARD B EN T R Y D R I V E GARAGE ENTRY LOBBY LOBBY AMENITY LEASING AMENITY COLLABORATIVE 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 344. 1 350. 3 349. 9 351. 0 349 . 4 355. 4 355 . 2 344. 3 345. 4 347. 6 344. 4 3 350. 5 3 349 . 7 350. 3 350 . 2 350. 5 350 . 6 346 . 3 345 . 3 346. 6 350. 2 350. 6 350 . 5 349 . 3 351. 3 350. 8 350. 1 351 . 8 354. 9 355. 6 356. 1 355. 7 354. 8 355. 4 355 . 5 353. 5 350 . 1 354. 7 356 . 2 356. 8 355 . 4 355. 1 352. 3 351. 2 352 . 2 351. 5 348 . 5 350 . 6 349. 6 349 . 8 350. 5 350. 4 351 . 5 350 . 8 350 . 3 350. 3 350. 6 351. 3 351. 9 351. 4 350. 6 352. 6 351. 4 350 . 1 350. 8 350. 4 351. 0 351 . 3 351. 7 351 . 3 351 . 5 351. 4 352. 6 353. 5 352. 3 353. 7 355. 3 355. 8 353. 2 344. 9 .7 .7 348. 2 348 . 3 348. 4 348. 5 348. 5 348 . 8 348. 9 351. 5 353. 8 351. 5 354 . 3 353 . 3 351. 4 3 5 0 350 345 345 350 350 3 5 5 345 . 5 346 . 2 346 . 6 346. 5 346. 6 346. 8 347. 6 346. 9 347. 3 347. 5 348. 3 348. 4 347. 6 348. 2 346. 8 UP CBC UNIT INTERIOR CBC UNI T I N T E R I O R TYPE A UNIT INTERIORNON-ACCESS R3 NON-A C C E S S . 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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 . 0 345 . 4 347 . 6 344 . 4 3 350 . 5 3 349 . 7 350 . 3 350 . 2 350 . 5 350 . 6 346 . 3 345 . 3 346 . 6 350 . 2 350 . 6 350 . 5 349 . 3 351 . 3 350 . 8 350 . 1 351 . 8 354 . 9 356 . 1 355 . 7 354 . 8 355 . 4 50.3 350 . 3 350 . 6 351 . 3 350 . 1 350 . 8 350 . 4 351 . 0 351 . 3 351 . 7 351 . 3 351 . 5 351 . 4 352 . 6 353 . 5 352 . 3 353 . 7 355 . 3 355 . 8 344 . 9 .7 .7 347 . 9 348 . 2 348 . 3 348 . 4 348 . 5 348 . 5 348 . 8 348 . 9 351 . 5 353 . 8 350 345 34 5 350 350 3 5 5 345 . 5 346 . 2 346 . 6 346 . 5 346 . 6 346 . 8 347 . 6 346 . 9 347 . 5 348 . 3 348 . 2 346 . 8 UP CBC UNIT INTERIOR CBC U N I T I N T E R I O R TYPE A UNIT INTERIOR NON-ACCESS R3 NON - A C C E S S . 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CBC UNIT INTERIOR CBC U N I T I N T E R I O R CBC U N I T I N T E R I O R 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 I A L F I R E A P P A R A T U S A C C E S S R O A D ( E V A E ) EN T R Y D R 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 . 1 350 . 3 345 . 4 347 . 6 344 . 4 3 350 . 5 3 349 . 7 350 . 3 350 . 2 350 . 5 346 . 3 345 . 3 346 . 6 350 . 5 349 . 3 351 . 3 350 . 8 350 . 1 351 . 8 354 . 9 355 . 6 356 . 1 355 . 7 354 . 8 355 . 4 350 . 3 .1 .8 3 353 . 7 355 . 3 355 . 8 344 . 9 .7 .7 347 . 9 348 . 2 348 . 3 348 . 4 348 . 5 348 . 5 348 . 8 348 . 9 351 . 5 353 . 8 350 345 34 5 350 350 3 5 5 345 . 5 346 . 2 346 . 6 346 . 5 346 . 6 346 . 8 347 . 6 346 . 9 347 . 5 348 . 3 348 . 2 346 . 8 UP CBC UNIT INTERIOR CBC U N I T I N T E R I O R TYPE A UNIT INTERIOR NON-ACCESS R3 NON - A C C E S S . R3 NON-AC C E S S . 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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 . 1 350 . 3 349 . 9 351 . 0 345 . 4 347 . 6 344 . 4 3 350 . 5 3 349 . 7 350 . 3 350 . 2 350 . 5 350 . 6 346 . 3 345 . 3 346 . 6 350 . 2 350 . 6 350 . 5 349 . 3 351 . 3 350 . 8 350 . 1 351 . 8 354 . 9 355 . 6 356 . 1 355 . 7 354 . 8 355 . 4 350 . 3 350 . 6 351 . 3 350 . 1 350 . 8 350 . 4 351 . 0 351 . 3 351 . 7 351 . 3 351 . 4 352 . 6 353 . 5 352 . 3 353 . 7 355 . 3 355 . 8 344 . 9 .7 .7 347 . 9 348 . 2 348 . 3 348 . 4 348 . 5 348 . 5 348 . 8 348 . 9 351 . 5 353 . 8 350 345 34 5 350 350 3 5 5 345 . 5 346 . 2 346 . 6 346 . 5 346 . 6 346 . 8 347 . 6 346 . 9 347 . 5 348 . 3 348 . 2 346 . 8 UP CBC UNIT INTERIOR CBC U N I T I N T E R I O R TYPE A UNIT INTERIOR NON-ACCESS R3 NON - A C C E S S . 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CBC UNIT INTERIOR CBC U N I T I N T E R I O R CBC U N I T I N T E R I O R PROPOSED GARAGE COURTYARD C COURTYARD A COURTYARD B FIRE APP A R A T U S ACCESS R O A D ( E V A E ) AE R I A L F I R E A P P A R A T U S A C C E S S R O 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 C7.0 0 30 6015 PRELIMINARY EROSION CONTROL PLAN LEGEND P MARCH 16, 2018 UP CBC UNIT INTERIOR CBC UNIT IN T E R I O R TYPE A UNIT INTERIORNON-ACCESS R3 NON-A C C E S S . R3 NON-ACCESS. CBC UNIT I N T E R I O R CBC UNIT INTERIOR CBC UNIT INTERIOR R3 NON-ACCESS. R3 NON-A C C E S S . CBC UNIT I N T E R I O R CBC UNIT INTERIOR CBC UNIT INTERIOR CBC UNIT INTERIOR CBC UNIT IN T E R I O R TYPE A UNIT INTERIORNON-ACCESS R3 NON-A C C E S S . R3 NON-ACCESS. 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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. 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CBC U N I T I N T E R I O R CBC UNIT INTERIOR CBC UNIT INTERIOR RE G I O N A L S T R E E T ST. PATRICK W A Y EN T R Y D R I V E ( P R I V A T E ) C ST. PATRICK WAY WE S T S T R E E T ( P R I V A T E ) GO L D E N G A T E D R I V E A B C 345 . 4 347 . 6 .2 344 . 9 34 5 CBC P U B L I C CBC P U B L I C 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 Page 1 of 3 STAFF REPORT CITY COUNCIL DATE: May 1, 2018 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Lease and Option to Purchase 12-Acre Site in Dublin Crossing Development for a School and Park Site Prepared by: Christopher L. Foss, City Manager EXECUTIVE SUMMARY: The City Council will consider an agreement with the Dublin Unified School District (DUSD) that would give the District the right to purchase a City-owned, 12-acre site within the Dublin Crossing project for $1.00 for use as a school/park. STAFF RECOMMENDATION: Adopt the Resolution Approving the Agreement for Lease and Property Option Between the City of Dublin and the Dublin Unified School District for the Dublin Crossing School/Park Site. FINANCIAL IMPACT: The proposed agreement specifies that the District will pay the City $100 for the option to purchase the property. During the option period, the City will receive an annual lease payment of $1.00 per year for the lease term (up to five years). If the District opts to purchase the site, the purchase price will be $1.00. DESCRIPTION: The City and Dublin Unified School District (District) have been working together since 2015 to deliver a 12-acre site within the Dublin Crossing project to the District for a future joint use school/park site. On February 7, 2017, the City Council received an informational report on the history of the Dublin Crossing School Site (Attachment 1). At that meeting, the City Council appointed Vice Mayor Biddle (late) and Councilmember Gupta to serve as the City’s Negotiating Committee to work with the District on a potential agreement. Over the last several months, the City’s Negotiating Committee met several times with the District Committee (Trustees Cunningham and Giannini) to discuss the parameters of an agreement. The efforts of the City’s Negotiating Committee and the District Committee have led to this item. Page 2 of 3 The following summary of key terms is not inclusive of every term in the proposed Agreement for Ground Lease and Property Option - Dublin Crossing, but represents the major terms of the Agreement: 1. City will lease the 12-acre site in Dublin Crossing to the District for $1.00 per year for a five-year period, commencing when City obtains title to the site (anticipated to occur in late 2018). The District will be afforded a five-year extension option should they determine it is necessary. 2. District will pay the City $100 for an option to purchase the Property, which may be exercised any time during the five-year lease term, upon the following conditions: i) District awards a construction contract for a K-8 school on the Property as reflected in DSA-approved plans, which plans include a gymnasium. ii) District provides confirmation of the sources and availability of adequate financing and an estimated schedule for completion of construction. 3. If District exercises the option, the purchase price is $1.00. 4. The District will use the Property solely for planning, constructing, an d operating K-8 school facilities inclusive of a gymnasium. 5. The District will use best efforts to seek state funding for acquisition of the Property, and the City will cooperate with such efforts. 6. Upon their completion, the gymnasium and park a nd playground facilities will be available for use by the public under the terms of a joint use agreement to be negotiated by the City and the District. The proposed Resolution, with the agreement attached as Exhibit A, have been included as Attachments 2 and 3, respectively. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of the staff report has been made available to the Dublin Unified School District Superintendent. ATTACHMENTS: 1. February 7, 2017 City Council Staff Report - Overview of Dublin Crossing School Site 2. Resolution Approving the Agreement for Lease and Property Option Between the City of Dublin and the Dublin Unified School District for the Dublin Crossing School-Park Site 3. Exhibit A to the Resolution - Agreement Page 3 of 3 Page 1 of 5 STAFF REPORT CITY COUNCIL DATE: February 7, 2017 TO: Honorable Mayor and City Councilmembers FROM: Christopher L. Foss, City Manager SUBJECT: Overview of Dublin Crossing School Site and Related Negotiations with Dublin Unified School District Prepared by: Linda Smith, Assistant City Manager EXECUTIVE SUMMARY: The City Council will receive an informational report on the history of the Dublin Crossing school site, including the ongoing discussions with Dublin Unified School District and provide direction to City Staff. STAFF RECOMMENDATION: Receive the report and provide direction to Staff. FINANCIAL IMPACT: None. DESCRIPTION: On November 5, 2013, the City Council approved the Dublin Crossing Specific Plan DCSP) and related entitlements. The DCSP included the construction of up to 1,995 single- and multi-family residential units, up to 200,000 square feet of retail, office, and/or commercial uses, a 30-acre Community Park, a 5-acre Neighborhood Park, and a 12-acre elementary school site. The Dublin Crossing project’s 12-acre school site was intended for use by Dublin Unified School District for a future school site to accommodate up to 900 students. After the project’s approval, it became apparent that the District, due to the un availability of state bond funds and the state’s failure to authorize Level III fees, lacked the ability to fund school sites to serve new development. It was also uncertain whether a new local bond would pass, and no other solutions had been proposed by Governor Brown to bridge the construction funding gap between the resources local school districts have to build new facilities to serve growth and the actual costs to build new school facilities. Page 2 of 5 In late 2014, City Staff, in an effort to assist the Dis trict, approached SunCal to discuss options for the City to obtain the school site free of charge. At that time, the Superintendent informed City Staff that both the Jordan Ranch School Site and the Dublin Crossing School Site needed to be open to serve students by 2018-19 and 2019- 20 respectively. After much discussion and negotiation, SunCal and the City reached an agreement that would allow the dedication of the future school site to the City at no cost in exchange for modifications to project entitlements and monetary concessions. The modifications required amendments to the General Plan, the Dublin Crossing Specific Plan and the Development Agreement (but they did not increase the current maximum number of housing units allowed in the Project). In exchange for the dedication of the school site to the City, the City conceded the following to the Dublin Crossing developer: Concession What it Means Approximate Value Inclusion of Chabot Creek in Community Park Net loss of 1.5 acres of Community Park 3.6 million Elimination of mandatory commercial square footage at Arnold Rd. and Dublin Blvd. Loss of 75,000 square feet and related taxable revenue producing lands 2 million (over a 10- year period, minimum) Removed dedication and improvement funding requirement for 5-acre neighborhood park Loss of 1 acre neighborhood park to community 4.5 million Reduced Community Benefit Payment Lost revenue to General Fund 1.2 million Total $10.3 million MOU Negotiation and Extension Immediately following the City Council’s approval of amendments to the General Plan, Dublin Crossing Specific Plan, and Development Agreement, the City Council, on May 19, 2015, reviewed and approved a Memorandum of Understanding between the City and District which set out the general terms under which the City and District would negotiate a ground lease on the 12 -acre school site. The MOU was set to expire 360 days after execution. The deal terms presented by Staff were as follows: A long-term, as-is, ground lease whereby the District will lease the school site from the City for a nominal sum to allow for construction of a school and joint use facilities. District construction of a school and joint use facilities on the leased land by District. District option to purchase the site from the City at fair market value. Page 3 of 5 District maintenance of park site area suitable for use as a park and for recreational programs and services. In approving the MOU, the City Council also directed Staff to negotiate a “purchase requirement” as a part of the lease. The video excerpt of that meeting is attached to this Staff Report. City Council members expressed the view that the District should purchase the site if state funds ever became available to do so. Subsequent to that meeting, the City Manager immediately discussed the purchase requirement with the Superintendent to ensure it was well understood what the City Council expected. However, because the City and District were currently negotiating the Jordan Ranch terms and preparing t hat item for the City Council and Board of Trustee action in late 2015, the discussion of the Dublin Crossing School site was deferred. On March 29, 2016, the City and the District held a Liaison Meeting – which is comprised of two City Council members and two District Trustees – to discuss a number of items, including an update on the MOU for Dublin Crossing. It was at this meeting that the Superintendent broached the idea of a 10 -year option to lease for the site and that a request would be coming to the City shortly. Following the meeting, the City Manager spoke with the Superintendent to voice concerns that the City Council may not be interested in a long and protracted, 10 -year period of time that creates uncertainty about the school use of the site. On April 20, 2016, the City and the District held another Liaison Meeting and the subject of the MOU was on that agenda. City staff provided the Liaison Committee with an update on the City’s position regarding the Ground Lease and specifically re garding the requirement that the District eventually purchase the site. City staff indicated that the City Council would be acting on the extension to the MOU at the May 3, 2016 meeting prior to its expiration. On May 3, 2016, the City Council extended the MOU term to September 30, 2016 and included the ability for the City Manager and Superintendent to extend for an additional 90 days (which was subsequently exercised). The staff report had recommended that the MOU be extended by 18 months, and the Dist rict requested a shorter period in order to encourage the parties to reach agreement quickly. On Monday, August 29, 2016, the City Manager and Assistant City Manager met with Superintendent Boozer and Kim McNeely, Executive Director of Facilities, to discuss the history of this MOU and review the general parameters regarding the lease terms that the City would be seeking, including a requirement to purchase. Most importantly, Staff wanted to provide the new Superintendent a fuller account of why the City offered the site, what concessions the City had to make to obtain the site, what discussions transpired over the previous year, and highlighting those items that are important to the City in the lease agreement. Prior to the September 30, 2016 termination of the MOU, the Superintendent and the City Manager extended the term to December 30, 2016. Page 4 of 5 In October 2016, the City Attorney, acting as the City’s designated negotiator, formally submitted the City’s response to the District’s proposed option to lea se and lease agreement. The response proposed a two -year option to lease the site (versus the 10 years proposed by the District), a lease term of 55 years, six acres of joint use facilities at the school site for park/recreation uses outside of school ho urs, and a requirement that the District purchase the site within five years of operation. To date, the City has received no response from the District. On November 21, 2016, the City and the District held another Liaison Meeting where the subject of the Dublin Crossing School Site was on the agenda. The respective representatives discussed the City’s purchase requirement request from the City in the context of the District applying for State funds to acquire lands and to provide any monies given by the State to the City as compensation for the land. The District position was that this request for compensation was not discussed or included in the MOU. City representatives advised them that this has been a transparent request for more than a year when the City Council took action on the original MOU and that the City would be open to different ways of achieving the City’s objectives from the purchase requirement. In December 2016, the City and the District agreed to extend the MOU term to June 2018. Analysis and Options to Proceed As noted above, the City and District have held numerous discussions related to the MOU, much of the time without consensus as to the terms and conditions of a future agreement. The City is still awaiting a formal response to the submittal to the District in October 2016. City Staff believes that the purchase requirement term is major sticking point between the District and the City. The current position of the City Council is if the District is able to obtain funds from the State for the acquisition of that land, the City should be compensated for the monetary and land use concessions it had to make in order to deliver the school site for District use. Recent statements by Trustees made at District Board meetings and recently at a City Council meeting suggest that the District is not interested in compensating the City for the land. Thus, the negotiations appear to be at an impasse. Staff believes there are two options that the City Council can consider at this time, other than awaiting the District’s formal response: 1. Defer any discussion or negotiation until the District has concluded its decision on the future high school site. The high school decision, whether comprehensive or satellite, and its location and form , will help to clarify funding available through the local bond, available of State bond dollars, or through the collection of the Level III fee available. This would inform the City Council if the District has the financial bandwidth to compensate the City for the value lost. Page 5 of 5 2. Establish a Negotiating Committee of the City Council. Appoint two members to serve as a Negotiating Committee and to work with Staff and the District on terms and conditions that would be recommended to the City Council. Should the City Council consider this direction, the City Council would request that the Board of Trustees appoint two of its members as a Negotiating Committee. NOTICING REQUIREMENTS/PUBLIC OUTREACH: A copy of this Staff Report has been provided to Superintendent Boozer. ATTACHMENTS: 1. March 17, 2015 - City Council Staff Report re: Dublin Crossing Amendments 2. Video Clip of May 19, 2017 CC Meeting, Item 8.3 Memorandum of Understanding between the City and the Dublin Unified School District for the Dublin Crossing Project School Site Of D, i9f CITYCLERKf882STAFFREPORT CITY COUNCIL File #420-30 DATE: March 17, 2015 TO:Honorable Mayor and City Councilmembers FROM Christopher L. Foss, City Manager ir SUBJECT: General Plan and Dublin Crossing Specific Plan Amendment Study Initiation Request Prepared by Linda Smith, Assistant City Manager and Kristi Bascom, Principal Planner EXECUTIVE SUMMARY: The City Council will consider directing staff to proceed with a proposed transaction withSunCalthatwouldresultinthedeliveryofa12-acre site to the City free of charge in exchange for certain land use changes. The City would be able to use the site to assist Dublin Unified School District in the acquisition and development of a school site within the Dublin Crossings Project. If the City Council directs Staff to proceed with the transaction, Staff would commence a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium-High Density Residential"; and 3) Allow use of the site designated School" for both school and park purposes. The proposal would not increase the total number of residential units in the Dublin Crossings project area. The project will also involve modifications to the Dublin Crossing Development Agreement and a minor technical amendment to the Eastern Dublin Specific Plan boundary to be consistent with the Dublin Crossing Specific Plan boundary. FINANCIAL IMPACT: All costs associated with preparing the General Plan and Specific Plan Amendment Study, if authorized by the City Council, would be borne by the Applicant. If the proposal moves forward and the Development Agreement Amendments are approved, the City will forego $1.2 million in Community Benefit Payments and $2.1 million in park construction funding. RECOMMENDATION: Staff recommends that the City Council provide its feedback on the negotiated terms with SunCal and adopt the Resolution Approving the Initiation of a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium-High Density Residential"; and 3) Allow use of the site designated "School" for both school and park purposes. Page 1 of 4 ITEM NO. 8.1 Submitted By eviewed By Community Development Director Assistant City Manager DESCRIPTION: Background Staffs from the City of Dublin and the Dublin Unified School District (DUSD) maintain an ongoing dialogue regarding population growth, particularly in the Eastern Dublin, where DUSD has future school sites identified to accommodate its growing student population. In fall 2015, DUSD will open Amador Elementary School in the Positano neighborhood. The City's General Plan identifies, and DUSD is planning to utilize, two future schools sites: one located in the Jordan Ranch subdivision and one located in the future Dublin Crossing project. Despite the best efforts of former State Assemblywoman Joan Buchanan last year, a state ballot measure for school construction was not placed on the November 2014 ballot, and no solutions have been proposed by Governor Brown to bridge the construction funding gap that exists between the resources local districts have to build new facilities and the actual costs to build new schools. The lack of funding support from the State means that local school districts, like DUSD, need to find alternative solutions to the now-broken State model that has funded school construction over the years. Realizing the predicament faced by DUSD, City staff has been working closely with the DUSD staff on potential options and ways for the City to assist in bridging the gap between land acquisition costs, the current development impact fee structure set by the State, and the need to provide adequate facilities for existing students and to accommodate future student populations. In addition to this proposal which will be outlined below, Staff has also proposed a framework for the City to provide DUSD a site within the Jordan Ranch subdivision, which will be considered on tonight's agenda. This proposal would likely save DUSD approximately $33 million in land acquisition costs, which is the current land value for the Existing School Site called E-5; and would free up both current and future development impact fee revenue that could then be used towards the construction of a new school at this location. In addition, Staff has also been working on a proposal for the other remaining school site at Dublin Crossing. City Staff's Dublin Crossing Proposal The Dublin Crossing project was approved in November 2013. The project allows for the construction of up to 1,995 single- and multi-family residential units; up to 200,000 square feet of retail, office and/or commercial uses; a 30 acre Community Park; a 5-acre Neighborhood Park, and a 12 acre elementary school site to serve approximately 900 students. Due to the nature of the land exchange agreement between the developer, Dublin Crossing Venture LLC (SunCal), and the Department of the Army, it is anticipated that the multi-phased project will take 8-12 years to construct. According to the project Phasing Plan and as identified by SunCal, the 12 acre school site is in Phase 3 of the project and should become available in 2017. Unfortunately, based on the Governor's stated position that school construction bond funding will not be authorized by the State, it is unlikely that DUSD will have the ability to acquire the Page 2 of 4 WINIONMOI Dublin Crossing school site in the near term, with a current land value of approximately $36 million. City staff approached SunCal to discuss options for the City to obtain the 12-acre school site in an effort to assist DUSD. It should be noted that SunCal did not initiate these discussions, and SunCal has indicated that they are satisfied with their existing entitlements as approved. After discussion and negotiation, SunCal and City Staff have reached agreement on tentative deal terms that would allow the transfer of the future school site to the City at no cost in exchange for modifications to the entitlements for the Dublin Crossing project. To summarize, the negotiated terms require amendments to the Dublin Crossing Specific Plan and the Dublin Crossing Project Development Agreement in the following areas: Under the proposal agreed to by City Staff and SunCal, the Specific Plan would be amended to: Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres Re-designate the 13 acre "Mixed Use" site on the corner of Arnold and Dublin Boulevard to "General Commercial/DC Medium-High Density Residential", thereby removing the requirement for both the 5-acre Neighborhood Park site and a minimum of 75,000 square feet of commercial development on the site; and Modify the designation of the 12-acre school site to allow both school and park uses. Attachment 1 illustrates the affected parcels in the Specific Plan area. Under the proposal agreed to by City Staff and SunCal, the Development Agreement would be amended to: Remove the requirement to provide construction funding for a 5-acre Neighborhood Park 2.143 million); Remove requirement for the final Community Benefit Payment ($1.2 million); and Include language related to the no-cost transfer of the school site. Details of the transfer will be further described in the amendments to the Development Agreement. Minor amendments to General Plan Section 2.5 (Dublin Crossing Planning Area) would also be needed to ensure consistency with the amended Dublin Crossing Specific Plan. Lastly, a cleanup item to the Eastern Dublin Specific Plan will update figures to reflect the adopted Dublin Crossing Specific Plan boundary. The proposed changes to the Dublin Crossing Specific Plan and Development Agreement will result in the delivery of the 12-acre school site to the City without increasing the current maximum number of housing units (1,995) allowed in the project. Staff would propose, if the City Council concurs, to ground lease the property to the School District at a price to be negotiated; and similar to the Jordan Ranch project, operate the facility as a joint School/Park site. The agreement terms between the City and DUSD remain to be negotiated and would be presented for City Council consideration at a future date. The City staff proposals, including the Jordan Ranch proposal and acquisition of the Dublin Crossing site, have a value to the community of nearly $70 million. The City and DUSD have had a long standing partnership over the years, however this is the first time that the City Council has been asked to consider land use and financial term changes to assist DUSD through this unprecedented time. Page 3 of 4 Staff recommends that the City Council provide feedback on the negotiated deal terms with SunCal and initiate a General Plan and Dublin Crossing Specific Plan Amendment Study. A draft Resolution approving the initiation of the study is included as Attachment 2 to this Staff Report. If the City Council opts to initiate the General Plan and Dublin Crossing Specific Plan Amendment Study, Staff will: 1. Prepare amendments to the General Plan, Dublin Crossing Specific Plan, Dublin Crossing Project Development Agreement, Eastern Dublin Specific Plan, and will complete the appropriate level of environmental review. 2. Begin negotiations with DUSD regarding the joint use of the Dublin Crossings school site and draft a Memorandum of Understanding (MOU) between the City of Dublin and DUSD to help DUSD obtain the rights to a site to build a school, at minimal cost, while maintaining the ability of the public to use the site for parks and recreation programs. The MOU will detail the agreement terms for the City Council and the School Board's consideration at a future date. 3. Prepare Staff Reports detailing the.necessary approvals for a recommendation by the Planning Commission and consideration by the City Council. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing is not required to review a request to initiate a General Plan Amendment Study. Although not required, the City mailed notices to all property owners and tenants within 300 feet of the subject property. A notice was also published in the Valley Times and posted in the designated posting places. A copy of this Staff Report was distributed to the Applicant and Property Owner. ENVIRONMENTAL REVIEW: Staff recommends that the project be found exempt from the California Environmental Quality Act (CEQA) under Section 15306, Class 6 of the State CEQA Guidelines because initiation of a General Plan Amendment study, in and of itself, will not result in disturbance to an environmental resource. ATTACHMENTS: 1. Depiction of Proposed Changes to Dublin Crossing Specific Plan Land Use Map 2. Resolution Approving the Initiation of a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re- designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium-High Density Residential"; and 3) Allow use of the site designated "School" for both school and park purposes Page 4 of 4 Legend Mixed Use M DC Medium Density Residential School M DC Medium-High Residential Park General Commercial/DC Medium-High Density Residential M Open Space General Commercial/DC High Density Residential Project Area Boundary Allow use of t e site d es) nakke '” cho 1", 0.r,bath c tnerl ar ar[t purees , G st h 1.S acre CHaka t OPre k dintioifrorri Dpenpe" and redceorrrrirrrty T rC nu to e o a Gem""11 N n N Increase"acFrSage ftir" Medium-Density„ , Residential by 13 acresi. Dublin stud. Change"Mixed Use" parcel to"General Commercial/ CIO Medium-High Density Residential" RESOLUTION NO. xx-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE INITIATION OF A GENERAL PLAN AND DUBLIN CROSSING SPECIFIC PLAN AMENDMENT STUDY TO: 1) INCORPORATE THE 1.5 ACRE CHABOT CREEK INTO THE COMMUNITY PARK AND INCREASE THE ACREAGE DEVOTED TO MEDIUM DENSITY RESIDENTIAL BY 1.5 ACRES; 2) RE-DESIGNATE THE 13 ACRE MIXED USE" SITE TO "GENERAL COMMERCIAL/DC MEDIUM-HIGH DENSITY RESIDENTIAL"; 3) ALLOW USE OF THE SITE DESIGNATED "SCHOOL" FOR BOTH SCHOOL AND PARK PURPOSES. APNS 986-0001-001-15 (PARTIAL), 986-0034-002-00, AND 986-0034-006-00.) WHEREAS, the City Council is considering initiating a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re-designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium- High Density Residential"; 3) Allow use of the site designated "School" for both school and park purposes; and WHEREAS, the General Plan and Dublin Crossing Specific Plan Amendment Study would also include amendments to the Dublin Crossing Project Development Agreement and minor amendments to the Eastern Dublin Specific Plan ensure that there is consistency on all figures between the boundaries of the Dublin Crossing Specific Plan area and the Eastern Dublin Specific Plan area; and WHEREAS, the initiation request has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and was found to be Categorically Exempt under Section 15306, Class 6 of the State CEQA Guidelines; and WHEREAS, a Staff Report was submitted outlining the issues surrounding the request; and WHEREAS, the City Council did hear and consider all such reports, recommendations, and testimony hereinabove set forth, and supports the initiation of General Plan and Dublin Crossing Specific Plan Amendment Study; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the initiation of a General Plan and Dublin Crossing Specific Plan Amendment Study to: 1) Incorporate the 1.5 acre Chabot Creek into the Community Park and increase the acreage devoted to Medium Density Residential by 1.5 acres; 2) Re- designate the 13 acre "Mixed Use" site to "General Commercial/DC Medium-High Density Residential"; 3) Allow use of the site designated "School" for both school and park purposes. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin on this 17th day of March 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Attachment 2: Video Clip of May 19, 2015 City Council Meeting, Item 8.3 Memorandum of Understanding between the City and the Dublin Unified School District for the Dublin Crossing Project School Site RESOLUTION NO. XX — 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LEASE AND PROPERTY OPTION BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT FOR THE DUBLIN CROSSING SCHOOL/PARK SITE WHEREAS, on May 19, 2015, the City Council unanimously approved a Memorandum of Understanding ( MOU) that outlined in general terms an agreement to be negotiated between the City and the Dublin Unified School District relating to the long term ground lease of a 12- acre school site on which the District will construct a K-8 school, including a gymnasium; and WHEREAS, since that time, the City and the District have been negotiating the terms of the agreement; and WHEREAS, the parties have reached an agreement whereby the City would grant the District an option to purchase, rather than lease, the site, which would facilitate the District’s ability to seek state funding for the acquisition of the site; and WHEREAS, under the terms of the agreement, the City will have the ability to use the Gymnasium and playground under a to -be-negotiated joint use agreement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Ground Lease and Property Option Between the City of Dublin and the Dublin Unified School District. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Agreement and the City Manager is authorized and directed to exe cute amendments and such other documents, and to take such other and further action, as necessary and appropriate 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 Agreement for Ground Lease and Property Option - Dublin Crossing This Agreement for Ground Lease and Property Option – Dublin Crossing (“Agreement”) is entered into this _____ day of ___________________, 2018 (“Effective Date”) between the City of Dublin, a municipal corporation (“City”), and Dublin Unified School District, a California public school district (“District”; collectively the City and the District are the “Parties”). RECITALS A. Pursuant to a Development Agreement by and between the City of Dublin and Dublin Crossing Venture LLC Relating to the Dublin Crossing Project effective November 19, 2013, as amended by Amendment No. 1, effective June 16, 2015, and as further amended by Amendment No. 2, effective February 9, 2016, Dublin Crossing Venture LLC (“Developer”) committed to dedicate a twelve (12) net acre school site to the City, and City holds contractual rights to said school site as a condition of Developer being permitted to move forward with construction of the Dublin Crossing development (“Dublin Crossing”). This twelve (12) net acre school site is designated Parcel 27 on Vesting Tentative Map 8150 and is bounded by D Street, G Street, F Street, and Central Parkway (the “Property”). The Property is further identified in Exhibit A hereto (“Property”), and a legal description of the Property is attached hereto as Exhibit B. The City is in the process of obtaining the dedication of the Property from Developer to the City. B. Pursuant to a Memorandum of Understanding between the City and the District, dated May 19, 2015, as amended by First Amendment to Memorandum of Understanding, dated May 3, 2016, and as further amended by Second Amendment to Memorandum of Understanding, dated December 20, 2016 (collectively, the “MOU”), and in recognition of the District’s lack of funds to purchase a 12-acre Kindergarten through 8th grade (“K-8”) school site valued at approximately Thirty Six Million Dollars ($36,000,000) to serve Dublin Crossing, the Parties agreed to make their best reasonable efforts to successfully negotiate an agreement or agreements that would result in the City’s lease of the Property to the District for the nominal sum of One Dollar ($1.00) per year. C. Pursuant to a Development Impact Mitigation Agreement effective April 28, 2015 (“Impact Mitigation Agreement”), Developer and District agreed that Developer would pay certain mitigation fees to District to support adequate school facilities to house students, including those from Dublin Crossing. The Developer’s obligations under the Impact Mitigation Agreement are expressly contingent on Developer’s dedication of a twelve (12) acre school site to the City for the purpose of the City’s leasing said school site to District. The value of the twelve (12) acre school site was included when Developer and District calculated the mitigation fees included in the Impact Mitigation Agreement, so that the total mitigation included both the fees and the value of the school site, with the site to be provided to the District in lieu of additional mitigation fees. 2 3015 D. In order to finance, construct and operate a school and joint use facilities, including a gymnasium and playground and park facilities, the District seeks to lease the Property. E. Upon the City’s obtaining fee title to the Property, the Parties desire promptly to proceed with the lease of the Property to the District. F. Upon the City’s obtaining fee title to the Property, the Parties further desire that the District have an option to obtain fee title to the Property (the “Option”), with such Option exercisable upon the District’s satisfaction of certain conditions as set forth herein. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated into this Agreement as though fully set forth herein. 2. Leased Premises. Effective upon City’s obtaining fee title to the Property, City leases to District and District leases from City the Property. 3. Term. The term of the lease under this Agreement shall be five (5) years, commencing on the date on which City obtains fee title to the Property (“Commencement Date”) and ending on the fifth (5th) anniversary of the Commencement Date (“Lease Term”). 3.1 Commencement Notice. City shall provide notice to District within five (5) days of the City obtaining fee title confirming that title has transferred to City (the “Commencement Notice”). The Commencement Notice, if mailed, shall be sent certified mail, postage pre-paid, to City at the address indicated below, and shall be deemed to have been delivered as set forth in Section 29 herein. 4. Rent. District shall pay City as rent for the Property the sum of One Dollar ($1.00) per year (“Rent”), payable in advance on an annual basis. District shall pay City the first year’s Rent within five (5) days of District’s receipt from City of the Commencement Notice. District shall thereafter pay City Rent annually in advance on or before each anniversary of the Commencement Date. District may prepay to City up to five (5) years of annual rent payments. 5. Taxes. District recognizes and understands that the lease contained in this Agreement may create a possessory interest subject to property taxation, and that District may be subject to the payment of property taxes levied on such interest. District further agrees to pay any and all property taxes, if any, assessed during the Term of this Agreement pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against District’s possessory interest in the Property. 6. Use of Leased Premises. District may use the Property solely for the purposes of planning, constructing and operating school facilities and a related joint use gymnasium, which gymnasium shall be suitable for use by students through and including eight grade, as well as 3 3015 park and playground facilities also available for joint use (collectively the “School Facilities”). The School Facilities shall be designed to serve K-8. The School Facilities may be used for other purposes for which a public school site may be used pursuant to applicable State and Federal law, including but not limited to afterschool childcare and other purposes pursuant to the Civic Center Act, Education Code sections 38130, et seq., and parking related to all such uses. 7. Construction Standards. All improvements on the Property undertaken by District or District’s agents shall be constructed or installed on the Property in a good and workmanlike manner without the attachment of any construction, mechanics, or other liens, and District shall hold City free and harmless from any liability arising from such liens. 8. Permits. District shall comply with all applicable laws related to the construction of the School Facilities. District shall ensure that the School Facilities and related improvements are consistent with any and all federal, state and local requirements applicable to such improvements. District shall make best efforts to obtain all necessary state approvals for use of the Property for the School Facilities. In the event that District is unable to obtain such approvals despite its best efforts due to the condition of the Property, the Parties shall meet and confer regarding means to achieve such approvals. 9. Maintenance and Operation. 9.1 District shall, at its own expense, maintain the Property during the Lease Term, including the School Facilities and any related improvements, in a safe condition and in good repair. 9.2 District shall have the sole responsibility for the maintenance, repair, and security of the School Facilities and any related improvements and personal property on the Property, and shall keep the same in good repair and condition during the Lease Term. 9.3 District shall keep the Property free of graffiti, debris, and anything of a dangerous, noxious, or offensive nature, or which creates a hazard or undue vibration, heat, noise, or interference. 10. Utilities. District shall pay or cause to be paid, and shall hold City and the Property free and harmless from, all charges for the furnishing of gas, water, electricity, and telephone service, and other public utilities to the Property, and for removal of garbage and rubbish from the Property during the Lease Term. 11. Default by District and City’s Remedies. 11.1 If District is in default, City shall provide District written notice of the default. Within thirty (30) days after such written notice, the Parties shall informally discuss the manner in which to remedy the matter efficiently. If District has failed to cure such default within thirty (30) days after the Parties informally meet and confer, City may, at its option, perform such duty or obligation giving rise to the default on behalf of District, including, but not limited to, the obtaining of required insurance policies or government licenses, permits, or 4 3015 approvals. The costs and expenses of any such performance by City shall be due and payable by District within ten (10) business days of receipt of invoice therefor inclusive of sufficient backup documentation. In the event of a default which District has failed to cure within the applicable grace period, City may, after further notice or demand, and without limiting City in the exercise of any right or remedy which City may have by reason of such default, pursue any remedy now or hereafter available under the laws of the State of California. Notwithstanding the foregoing, given that the Property will be operated as a public school, City’s remedies in the event of a default shall not include the right to terminate the Agreement, so long as the Property is actually being used in accordance with Section 6 herein at the time of the alleged default. 11.2 If suit shall be brought by City because of the breach of any condition or covenant of this Agreement, District shall pay to City all expenses reasonably incurred therefor, including reasonable attorney’s fees. 12. Default by City and District’s Remedies. 12.1 If City is in default, District shall provide City written notice of the default. Within thirty (30) days after such written notice, the Parties shall informally discuss the manner in which to remedy the matter efficiently. If City has failed to cure such default within thirty (30) days after the Parties informally meet and confer, District may, at its option, perform such duty or obligation giving rise to the default on behalf of District, including, but not limited to, the obtaining of required insurance policies or government licenses, permits, or approvals. The costs and expenses of any such performance by District shall be due and payable by City within ten (10) business days of receipt of invoice therefor inclusive of sufficient backup documentation. In the event of a default which City has failed to cure within the applicable grace period, District may, after further notice or demand, and without limiting District in the exercise of any right or remedy which District may have by reason of such default, pursue and remedy now or hereafter available under the laws of the State of California. 12.2 If suit shall be brought by District because of the breach of any condition or covenant of this Agreement, City shall pay to District all expenses reasonably incurred therefore, including reasonable attorney’s fees. 13. Early Termination. 13.1 During the Lease Term, District may terminate this Agreement upon written notice to City, if District determines that it will no longer be practical to use the Property for public school purposes. 13.2 If, during the Lease Term, District shall exercise the Option as set forth in Section 21 herein, the Lease Term and the terms of this Agreement shall terminate upon District’s obtaining fee title to the Property from the City. 13.3 In the event of termination prior to the end of the Lease Term pursuant to this Section 13 and its subparts, the indemnification provisions of Section 16 shall survive the 5 3015 termination of the Agreement in relation to acts or omissions committed by District during the Lease Term. 14. Cooperation of the Parties. The Parties shall cooperate in District’s efforts to secure any and all funding approvals from state agencies for development of the Property as anticipated in this Agreement. 15. Condemnation. In the event that, during the Lease Term, all or part of the Property or any interest of District in the Property is taken by eminent domain by an government agency, quasi-governmental agency, or other public body other than by the City, thereby making it physically or financially unfeasible, as determined by District in its sole discretion, for the Property to be used in the manner it was intended to be used by District under this Agreement, District shall have the right to terminate this Agreement effective as of the date the condemning agency takes possession of the Property. District shall be entitled to the portion of the award paid attributable to 1) the diminution in value of its leasehold interest, 2) the value of any improvements made by District on the Property and personal property on the Property, and City shall receive the remainder of such award, and 3) the lost value to District of the Option. 16. Indemnity. 16.1 Indemnity by District. District shall, at its sole cost and expense, defend, indemnify, and hold harmless City, and its officials, boards, commissions, personnel, employees, agents, attorneys, and representatives (hereinafter referred to as City’s Indemnitees”), from and against any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses, and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses, and consultants), which may be imposed upon, incurred by, or asserted against City or City’s Indemnitees by reason of any act or omission of District, its personnel employees, agents, or representatives, resulting in personal injury, bodily injury, sickness, disease, or death to any person, or damage to, loss of, or destruction of tangible or intangible property, which may arise out of or be in any way connected with the construction, installation, operation, maintenance, use, or condition of the Property or District’s failure to comply with any federal, state, or local statute, ordinance, or regulation in relation to the Property, or with District’s failure to comply with the terms of this Agreement. 16.1.1 District’s obligations to indemnify City or City’s Indemnitees under this Agreement shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willful misconduct of City or one or more of City’s Indemnitees. 16.2 Indemnification by City. City shall, at its sole cost and expense, defend, indemnify, and hold harmless District, and its officials, boards, commissions, personnel, employees, agents, attorneys and representatives (hereinafter referred to as “District’s Indemnitees”) from and against any and all liability, obligations, damages, penalties, claims, liens, costs, charges, losses, and expenses (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses, and consultants), which may be imposed upon, incurred by, or asserted against District or District’s Indemnitees by reason of any act or omission of City, 6 3015 its officials, boards, commissions, personnel, employees, agents, attorneys or representatives, resulting in personal injury, bodily injury, sickness, disease, or death to any person, or damage to, loss of, or destruction of, tangible or intangible property, which may arise out of or be in any way connected with City’s ownership or use of the Property or City’s failure to comply with any federal, state, or local statute, ordinance or regulation, or with City’s failure to comply with the terms of this Agreement. 16.2.1 City’s obligations to indemnify District or District’s Indemnitees under this Agreement shall not extend to claims, losses, and other matters covered hereunder to the extent that such claims arise out of the negligence or willful misconduct of District or one or more of District’s Indemnitees. 17. Insurance. The Parties shall cause to be maintained, in full force and effect and at their sole cost and expense during the Lease Term, the following types and limits of insurance: 17.1 District. Throughout the Lease Term, District shall maintain, in full force and effect, either (a) comprehensive general liability insurance in commercially reasonable amounts, but in no event in an amount less than $5,000,000 per occurrence, protecting and insuring against claims for bodily injury, death, property damage, and personal injury occurring within or resulting from its operations, including its use of the Property, or (b) a general self- insurance program covering bodily injury, death, property damage, and personal injury occurring within or resulting from its operations, including its use of the Property. Any policy of insurance obtained by District must name the City, its officers, agents, and employees as additional insureds thereunder, be endorsed to provide that the insurance is primary to and non-contributory to insurance carried by the City with respect to liability imposed on District under this Agreement, and contain a severability of interest clause. 17.2 City. Throughout the Lease Term, City shall maintain, in full force and effect, either (a) comprehensive general liability insurance in commercially reasonable amounts, but in no event in an amount less than $5,000,000 per occurrence, protecting and insuring against claims for bodily injury, death, property damage, and personal injury occurring within or resulting from its operations, including its use of any portion of the Property, or (b) a general self-insurance program covering bodily injury, death, property damage, and personal injury occurring within or resulting from its operations, including its use of any portion of the Property. Any policy of insurance obtained by City must name the District, its officers, agents, and employees as additional insureds thereunder, be endorsed to provide that the insurance is primary to and non-contributory to insurance carried by the District with respect to liability imposed on City under this Agreement, and contain a severability of interest clause. 17.3 Property Insurance. Throughout the Lease Term, District shall maintain, in full force and effect, fire insurance and a standard “all risk” policy covering all structures and improvements at the Property and any personal property owned by District located at the Property. This coverage must (a) contain a waiver of subrogation endorsement in favor of City, (ii) cover loss or damage to the Property and any District-owned personal property thereon in an amount of the full replacement value, and (c) include a deductible no greater than $5,000. Covered perils are to include fire, all risk, vandalism, malicious mischief, and sprinkler leakage. 7 3015 Throughout the Lease Term, City shall maintain its own property insurance covering any personal property owned by City on the Property. 17.4 Workers’ Compensation and Employers Liability. Both Parties shall maintain, in full force and effect, Workers’ Compensation Insurance or self-insurance, and Employers’ Liability Insurance or self-insurance with limits that conform to legal requirements. 18. Hazardous Substance Information. 18.1 District represents and warrants that its use of the Property will not generate any hazardous substance, and it will not store or dispose on the Property, nor transport to or over the Property any hazardous substance except for reasonable amounts of cleaning, office, educational, and landscape substances ordinarily used on school sites. District further agrees to defend, indemnify, and hold harmless City and its officials, boards, commissions, employees, agents, and representatives from, and remediate the Property from, any release of any such hazardous substance and any damage, loss, expense, or liability resulting from such release, including all attorneys’ fees, costs, and penalties incurred as a result thereof, except any release caused by the negligence or intentional act or omission of City and its employees or agents. 18.2 City represents and warrants that its use of the Property herein will not generate any hazardous substance, and it will not store or dispose on the Property, nor transport to or over the Property any hazardous substance. City further agrees to defend, indemnify, and hold harmless District and its officials, boards, commissions, employees, agents, and representatives from, and remediate the Property from, any release of any such hazardous substance and any damage, loss, expense, or liability resulting from such release, including all attorneys’ fees, costs, and penalties incurred as a result thereof, except any release caused by the negligence or intentional act or omission of District and its employees or agents. 18.3 “Hazardous substance” for purposes of this Agreement shall be interpreted broadly to mean any substance or material defined or designated as hazardous or toxic waste, hazardous or toxic material, hazardous, toxic, or radioactive substance, or other similar term by any federal, state, or local environmental law, regulation, or rule presently in effect or promulgated in the future, as such laws, regulations, or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death, or disease. 19. Holding Over. Any holding over after the expiration of the Lease Term shall be construed to be a tenancy from month to month and shall otherwise be for the terms and on the conditions herein specified, as far as applicable, except that if the holding over is without the prior consent of the City, the Rent shall be increased prospectively as of the expiration of the Lease Term to the fair market value of the leasehold interest. 20. Acceptance of Premises. By taking possession of the Property, District accepts the Property in the condition existing as of the Commencement Date. City makes no representation or warranty as to the condition of the Property, and City shall not be liable for any latent or patent defect in the Property, except as otherwise stated herein. 8 3015 21. Option to Purchase. In addition to all other rights that District has under the Agreement, City grants District an Option to purchase the Property on the following terms and conditions: 21.1 Option Consideration. In consideration of granting the Option to District, District shall pay directly to City One Hundred Dollars ($100) at the same time that District makes its first Rent payment to City. 21.2 Purchase Price. The purchase price to be paid by District (“Purchase Price”) for the Property upon exercise of the Option shall be One Dollar ($1.00), which shall be paid directly by District to City. 21.3 Term of Option. Subject to the contingencies set forth herein, District shall have the right to exercise the Option at any time during the Lease Term. Upon termination of the Lease Term, if District has not exercised the Option, City shall be released from all obligations under the Option. 21.4 Exercise of Option. The Option shall be exercised by District by mailing or delivering a written notice of intent (“Exercise Notice”) to City prior to the end of the Lease Term in compliance with Section 29 herein. It is a condition to the effectiveness of the exercise of Option that District not then be in default under this Agreement. If District is in default under this Agreement at the time District gives the Exercise Notice, the Notice shall be void. It is acknowledged and agreed that simultaneously with delivering the Exercise Notice, District shall execute a purchase and sale agreement with City (“Purchase and Sale Agreement”), in a form mutually acceptable to City and District, under which District shall purchase the Property. The Purchase and Sale Agreement shall not be effective for any purpose unless District timely and effectively delivers the Exercise Notice. City shall execute the Purchase and Sale Agreement and deliver the executed Purchase and Sale Agreement to the Escrow Agent, as defined below, within thirty (30) days of receipt of the Exercise Notice and the Purchase and Sale Agreement from District. To the extent of any inconsistencies between the Purchase and Sale Agreement and the Option, the Option shall prevail. 21.5 Escrow. Promptly after District’s delivery of the Exercise Notice, and in no event later than seven (7) days after such delivery, the Parties shall open an escrow account with a mutually agreeable escrow agent (“Escrow Agent”) in order to consummate the Option and the purchase of the Property by District. 21.6 Exercise Notice. The Exercise Notice, if mailed, shall be sent certified mail, postage pre-paid, to City at the address indicated below, and shall be deemed to have been delivered as set forth in Section 29 herein. 21.7 Conveyance by City. If the Option is exercised, City shall convey title to the Property by grant deed. 9 3015 21.8 State Funding. In the event the District exercises the Option, the District shall promptly seek state funding for acquisition of the Property, to the extent legally allowed. If the District determines that it is not legally allowed to obtain state funding for the acquisition of the Property, its legal counsel shall provide the City with a detailed explanation of the basis for its determination to the City Attorney. Any such state funding shall be paid to City promptly following District’s receipt of said funding, and the City agrees to make a contribution toward the costs of the joint use gymnasium at least equal to the portion of the payment that exceeds $10,000,000. The Parties acknowledge that the use of state funding in connection with the acquisition of the Property may give rise to an audit by the Office of Public School Construction, State Allocation Board or other state agency (any and all such entities constitute the “Auditing Agency”) pursuant to Title 2, Section 1859.106 of the California Code of Regulations or other applicable law (the “Audit”). The Parties shall cooperate in responding to any such Audit. In the event that the Audit results in District being required to surrender or reimburse to the state all or any portion of the state funding actually received for acquisition of the Property, City shall promptly reimburse District for the amount District is required to surrender or reimburse to the state. 21.9 Conditions Precedent to District’s Exercise of Option. Prior to exercise of the Option, the District shall provide evidence to the City Manager that indicates District has satisfied the following requirements: 21.9.1 Award of a contract for commencement of construction of a K-8 school on the Property as reflected in DSA-approved construction plans, with such plans inclusive of a gymnasium appropriate for use by students through and including 8th grade (“Gymnasium”). The K-8 school may be constructed in phases; the contract required for exercise of the Option must include at least the first phase of such construction, inclusive of classroom space. The Gymnasium and park and playground facilities, following District’s completion of construction, shall be subject to the Parties’ joint use. The Parties shall negotiate in good faith an agreement on the terms of such joint use. 21.9.2 Written confirmation, approved by the District Board of Trustees, of the sources and availability of adequate financing to construct the first phase of the K-8 school along with the estimated schedule for completion of the work. 21.9.3 In the event the conditions precedent to the exercise of the Option set forth in this Agreement or any other term of this Agreement would result in the inability to apply for or obtain state funding for either or both site acquisition and/or construction under then applicable state law or regulations, the Parties shall meet and confer and shall negotiate any amendment to this Agreement as necessary to adjust the conditions precedent or other terms of the Agreement so as to allow for the potential receipt of state funding. 21.10 Disposition of Leased Premises. During the Lease Term, City shall not dispose of the Property through sale or by any other means to any party other than District. 22. Non-Waiver. No waiver of any default under this Agreement shall constitute or operate as a waiver of any subsequent default hereunder, and no delay, failure, or omission in 10 3015 exercising or enforcing any right, privilege, or option under this Agreement shall constitute a waiver, abandonment, or relinquishment thereof, or prohibit or prevent any election under or enforcement or exercise of any right, privilege, or option hereunder. No waiver of any provision hereof by City or District shall be deemed to have been made unless and until such waiver shall have been reduced to writing and signed by City or District, as applicable. The receipt by City of Rent with knowledge of any default under this Agreement shall not constitute or operate as a waiver of such default. 23. Covenants Run with Land. Upon City’s obtaining fee title to the Property, the agreements, covenants, and conditions in this Agreement shall be deemed to be covenants running with the land, and shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. 24. Construction. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared it. 25. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge, and deliver any further conveyances, agreements, confirmations, satisfaction, releases, powers of attorney, instruments of further assurance, approvals, consents, and any further instruments and documents as may be necessary or property to complete any conveyances, transfers, sales, or agreements contemplated by this Agreement. Each party also agrees to do any other acts to execute, acknowledge, and deliver any documents requested to carry out the intent and purpose of this Agreement. 26. Third-Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties and their respective successors and assigns, any rights or remedies under or by reason of this Agreement. 27. Integration. This Agreement and the attached exhibits contain the entire agreement between the parties regarding the subject matter of the Property, and this Agreement expressly supersedes all previous or contemporaneous agreements, understandings, representations, or statements between the Parties regarding those matters, including but not limited to the MOU. 28. Amendment. This Agreement may only be amended or altered, by an instrument in writing executed by City and District. 28.1 Non-Material Amendments. Any amendments to this Agreement which do not related to (a) the Lease Term; (b) changes in the permitted uses of the Property as provided in Section 6 that would materially alter the impacts that the use of the Property have on the community; (c) changes that would cause either party to incur material increases in costs; (d) material changes in the insurance and indemnity provisions as provided in Sections 16, 17 and 18; or (e) material changes to the Option and related conditions set forth in Section 21 and its subparts, may be approved by the District’s Superintendent and by the City’s City Manager and shall not, except to the extent otherwise required by law, approval by City Council or by the District Board of Education before the parties may execute an amendment hereto. The City 11 3015 Manager shall determine whether an item is “material” for the Cit y, and the Superintendent shall determine whether an item is “material” for the District. 29. Notices. All notices, requests, demands, and other communications hereunder shall be in writing and shall be deemed give if personally delivered, delivered by overnight delivery service or mailed, via certified mail, return receipt requested, to the following addresses: If to City, to: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 With a copy to: John Bakker, Esq. City Attorney Meyers, Nave, Riback, Silver & Wilson 555 12th Street, Suite 1500 Oakland, CA 94607 If to District, to: Superintendent Dublin Unified School District 7471 Larkdale Avenue Dublin, CA 94568 With a copy to: Harold M. Freiman, Esq. Lozano Smith 2001 N. Main Street, Suite 500 Walnut Creek, CA 94111 Any notice given by personal delivery shall be effective upon receipt. Any notice given by overnight delivery shall be effective the day after delivery to the overnight delivery service carrier. Any notice given by mail shall be effective five (5) days after deposit with the U.S. Postal Service. 31. Assignment. Neither party may assign or transfer their rights under this Agreement without the prior written consent of the other party; however, each party may allow use by others of the portions of the Property over which it has control during the times it has control of portions of the Property. 32. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties, their respective successors, personal representatives, and assigns. 33. Authority. The Parties represent that each, respectively, has the full right, power, and authority to execute this Agreement, and that the individual signatories below are authorized to execute this Agreement. 12 3015 34. Governing Law. This Agreement shall be construed in accordance with the laws of the State of California. 35. Partial Invalidity. If any term of this Agreement is found to be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 36. Quiet Possession. City hereby warrants and represents that it is aware of no liens, encumbrances, or exceptions to property title as of the date of this Agreement that would interfere with District’s rights hereunder once City has obtained fee title to the Property, and that City has the legal right to enter into this Agreement. 37. Memorandum of Lease and Property Option. Following (a) the execution of this Agreement and (b) the City’s obtaining fee title to the Property, either party, at its sole expense, shall be entitled to record a “short form” Memorandum of Agreement in the form attached hereto as Exhibit C; any recorded Memorandum of Agreement shall be amended as necessary following exercise of the Extension Option pursuant to Section 3.2. 38. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute one and the same instrument. A copy, including electronic copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement. IN WITNESS WHEREOF, this Agreement was executed by the parties as of the dates set forth below. CITY OF DUBLIN DUBLIN UNIFIED SCHOOL DISTRICT By: __________________________________ By: ________________________________ Name: David Haubert Name: Amy Miller Mayor President Date: ________________________________ Date: ______________________________ 13 3015 EXHIBIT A Property Description/Map 14 3015 EXHIBIT B Legal Description of the Leased Premises 15 3015 EXHIBIT C Form of Memorandum of Lease 16 3015 RECORDING REQUESTED BY: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder’s use MEMORANDUM OF AGREEMENT FOR GROUND LEASE AND PROPERTY OPTION – DUBLIN CROSSING BETWEEN THE CITY OF DUBLIN AND THE DUBLIN UNIFIED SCHOOL DISTRICT This Agreement for Ground Lease And Property Option – Dublin Crossing between the City of Dublin, a municipal corporation (“City”) and the Dublin Unified School District, a California public school district (the “District”) for the school site in Dublin Crossing (this “Memorandum”) is entered into this ___ day of ___, 20__, by and between the City and District. City and District are, from time to time, individually referred to in this Memorandum as a “Party,” and are collectively referred to as “Parties.” 1. Pursuant to the Agreement for Ground Lease and Property Option in Dublin Crossing as of ______________________, 20__, by and between City and District (the “Ground Lease and Property Option”), the Parties have set forth their respective obligations with respect to District’s lease of certain land from the City for the construction and operation of a school and joint use park and playground facilities and gymnasium, and further, with respect to District’s option to acquire fee simple title to said land. 2. The option set forth in the Ground Lease and Property Option must be exercised by District no later than ____________________, 20__, subject to and conditional upon conditions set forth in the General Lease and Property Option. 3. City and District have executed and recorded this instrument to give notice of the Ground Lease and Property Option, and the respective rights and obligations of City and District thereunder. The Ground Lease and Property Option - Dublin Crossing is incorporated by reference in its entirety in this Memorandum. 17 3015 4. This Memorandum shall bind and inure to the benefit of the Parties and their respective heirs, successors and assigns, subject however to restrictions set forth in the Agreement regarding assignment. IN WITNESS WHEREOF, the Parties have executed this Memorandum as of the date first set forth above. CITY OF DUBLIN DUBLIN UNIFIED SCHOOL DISTRICT By: __________________________________ By: ________________________________ Name: _______________________________ Name: _____________________________ City Manager Superintendent Date: ________________________________ Date: ______________________________ 2889681.10