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HomeMy WebLinkAboutAttach 4 ResoAdoptMap7457&SDR RESOLUTION NO. 04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING APPROVAL BY CITY COUNCIL OF THE VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR TRALEE DEVELOPMENT PROJECT PA 02-062 (Tract No. 7457) WHEREAS, Mike Banducci of Bancor Properties, Applicant/property owner, has requested approval of a General Plan Amendment, Planned Development Rezoning Stage 1 Development Plan and Stage 2 Development Plan for the Tralee mixed-use project, a Vesting Tentative Map for subdivision of a 10.61 acre site located on the north side of Dublin Boulevard into 5 lots and Site Development Review to allow the demolition of an existing shopping center and to provide for the construction of 233 high- density units and up to 34,950 square feet of commercial retail office building, with common open space in two phases, within the Dublin General Plan Primary Planning Area (APN#941-0205-009-08); and, WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and, WHEREAS, the Applicant/Owner has submitted Vesting Tentative Map and Site Development Review project plans for the entire site (Exhibit A to Attachment 2), PUD Sheets 4 through 6 by Carlson, Barbee & Gibson, Sheets L-1 through L-16 by The Guzzardo Partnership, Architectural Sheets by MVE Partners A-101 through A-503 and Vesting Tentative Map sheets C-1 through C-3 by Carlson, Barbee & Gibson dated received June 4, 2004, except as modified by any condition of approval; and WHEREAS, an Initial Study has been prepared for the potential impacts of the project pursuant to CEQA Guidelines Section 15063. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated Monitoring Program has been prepared for the project with the finding that with the implementation of Mitigation Measures contained in the Initial Study, the potential impacts of the project would be reduced to a level of insignificance. The Planning Commission recommended approval of the Mitigated Negative Declaration and Mitigation Monitoring Program by Resolution __ on June 22, 2004; and WHEREAS, the Planning Commission did hold a public hearing on said application June 22, 2004; and WHEREAS, proper notice of said public heating was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission recommend approval of the Vesting Tentative Map and Site Development Review for the Tralee project to City Council, subject to conditions; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. ATTACHMENT WHEREAS, the Planning Commission hereby determines that because the project was considered by the City Council as "high priority" in its 2003-2004 Goals and Objectives and as provided for in Chapter 8.96, Section 8.96.20.A.3 of the Dublin Zoning Ordinance does hereby transfer original heating jurisdiction to the City Council. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council make the following findings and determinations regarding General Plan consistency: A General Plan Amendment from Retail Commercial to Mixed Use and a PD Rezoning with related Stage 1 and a Stage 2 Development Plan have been proposed along with the Tentative Map and Site Development Review applications, and are recommended for approval based for reasons stated in the Staff Report and Planning Commission Resolution (Attachment 1). Upon City Council approval of the General Plan Amendment, the land use diagram would be changed to Mixed-Use for approximately 10.61 acres to reflect the mixed use consisting of retail, office, restaurant and high-density residential for 233 residential units. With the change to the land use diagram, the proposed project is consistent with the adopted Dublin General Plan. The proposed project is also consistent with the goals, policies, and implementation measures of the Dublin General Plan, and with the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does recommend that the City Council make the following findings and determinations regarding said proposed Vesting Tentative Map: 1. The Vesting Tentative Map is consistent with the intent of applicable subdivision regulations and related ordinances. The design and improvements of the Vesting Tentative Map are consistent with and conform to the City's General Plan policies as they apply to the subject property in that it is a subdivision for implementation of a mixed-use retail office/residential project in an area designated for Mixed Use 3. The Vesting Tentative Map is consistent with the Planned Development Rezone proposed for this project and is, therefore, consistent with the City of Dublin Zoning Ordinance. 4. The project site is located adjacent to major roads on relatively flat topography and is, therefore, physically suitable for the type and density of development. o With the incorporation of mitigation measures contained in the Initial Study, Mitigated Negative Declaration and Conditions of Approval, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. The design of the subdivision will not conflict with easements acquired by the public at large or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. Required fire protection and water service will be provided to the subdivision pursuant to the requirements of water and fire protection providers, if standards and conditions are met and fees paid. Sewer service for this subdivision shall be provided pursuant to an agreement between the Applicant/developer and DSRSD. School capacity for the residents of this project will be provided pursuant to a school facilities mitigation agreement between the developer and the Dublin Unified School District prior to issuance of building permit, as required by city code. o The City of Dublin has considered the effect of this project on the housing needs of the region in which it is situated and finds that the public services are available for the project and that impacts to environmental resources will be mitigated to a level of less than significant pursuant to the Mitigated Negative Declaration for the project (PA02-062). The City of Dublin finds that this project does not discharge waste into an existing community sewer system in violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 of the Water Code because the Dublin San Ramon Services District has provided conditions of approval, which assure that its standards will be met. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council make the following findings and determinations regarding said proposed Site Development Review: The approval of this application (PA 02-062), as conditioned, is consistent with the intent/purpose of Chapter 8.104 (Site Development Review) of the Zoning Ordinance in that it will promote orderly, attractive and harmonious site and structural development, resolves major project-related issues, and ensures compliance with development regulations and the PD Zoning District. The approval of this application, as conditioned, complies with the policies of the General Plan, and the Planned Development Rezone and related Development Plan for the project that allows for mixed use consisting of retail, office, restaurant and residential development at this location. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans because road improvements and infrastructure improvements will be made pursuant to a §tage 2 Development Plan and Tentative Map conditions. The approval of this application, as conditioned, is in the best interests of the public health, safety, and general welfare as the development is consistent with all laws and ordinances and implements the Dublin General Plan. o The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety, and similar elements, as conditioned, has been designed to provide a harmonious environment for the development. 6. The subject site is physically suitable to the type and intensity of the approved development because it is relatively flat and has suitable soils. The project has been designed with architectural considerations (including the character, scale, design quality, and the relationship among buildings), along with Conditions of Approval, in order to ensure compatibility among the design of this project, the character of adjacent uses, and the requirements of public service agencies. Landscape elements (including the location, type, size, color, texture, and coverage of plant materials, provisions, and similar elements) combined with Conditions of Approval have been established to ensure visual relief and an attractive public environment. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the Vesting Tentative Map and Site Development Review for PA 02-062 subject to the following Conditions of Approval and subject to the adopted Mitigated Negative Declaration and Mitigation Monitoring Program for PA 02-062 and the City Council approval of the proposed General Plan Amendment to Mixed Use and PD Rezoning with related Stage 1 and Stage 2 Development Plan: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shah be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attorney, lB] Building division of the Community Development Department, [DSR] Dublin San Ramon Services District, IF] Alameda County Fire Department/City of Dublin Fire Prevention, [FIN} Finance Department, [PL] Planning division of the Community Development Department, [PO] Police, [PW] Public Works Department. VESTING TENTATIVE MAP 7457 1. Approval. PA 02-062, Bancor Properties. - Tralee, Vesting Tentative Map 7457 PL, PW Approval of ~S recommended for approval to subdivide an existing 10.61 acre parcel into five any plan or filing of final ndividual lots for a mixed use development consisting of approximately 35,000 sq. map ft of commercial, office and restaurant use, 233 flat and townhome-style condominiums, and common open space. The approval shall conform generally to the plans, text, and illustrations contained in the Planned Unit Development Plans dated received June 4, 2004, including Sheets 1 through 7, prepared by Carlson, Barbee & Gibson, Inc. (June3, 2004) the Landscape Plans Sheets L-1 through L-16 prepared by The Guzzardo Partnership, Inc. (June 3 2004), the Architectural Plans Sheets A-101 through A-503 prepared by the MVE (June 3, 2004), and the Vesting Tentative Map prepared by Carlson, Barbee & Gibson, Inc., Sheets C-1 through C- 3 (June 3, 2004), and other plans, programs, texts and diagrams submitted as part of the subdivision proposal on file in the Community Development Department unless modified by the Conditions of Approval contained herein. ? Fees. Applicant/Developer shall pay all applicable fees in effect at the time of pw, PL Various times, -' but no later building permit issuance, including, but not limited to, Planning fees, Building than Issuance fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin of Building Unified School District School Impact fees,, Alameda County Fire Services fees; Permits Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. Any fee credits associated with the existing use shall be calculated and credited at the time fees are assessed. 3. Ordinances/General Plan/Policies. The Developer shall comply with, meet, PW, PL Approval of and/or perform all requirements of the Subdivision Map Act, City of Dublin Final M ap and Prior to Subdivision Ordinance, City of Dublin Zoning Ordinance, the City of Dublin Issuance of General Plan, City of Dublin Standard Conditions of Approval, Public Works Building Policies and City grading ordinance unless certain Public Works requirements are Permits modified by the City Engineer and Planned Development Standards for Tract 7457. 4. Clarification and Changes to Conditions. In the event that there needs to be pw Approval of Final Map and clarifications to these conditions of approval, the City Engineer has the authority to Improvement clarify the intent of these conditions of approval to the Applicant/Developer Plans 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 Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 5. Action Programs/Mitigation Measures. Applicant/Developer shall comply with PL Approval of all applicable action programs and mitigation measures of the Mitigated Negative Improvement Plans through Declaration (MND) and Mitigation Monitoring Program for PA 02-062. completion 6. Vesting Tentative Subdivision Map 7457. The Applicant/Developer shall PW Approval of prepare Final Map(s) subdividing the property into the configuration, size and Final Map number of lots shown on the Vesting Tentative Subdivision Map 7457 in accordance with the requirements of the Subdivision Map Act and City of Dublin standards. The map shall be reviewed and approved by the City Engineer/Public Works Director prior to recordation. 7. Improvement Agreement and Security. Pursuant to §7.16.620 of the Municipal PW Approval of Code and Subdivision Map Act {}66499, the Applicant/Developer shall enter into Final Map an Improvement Agreement with the City for each phase of the development concurrent with Final Map approval to guarantee required public and site improvements. Improvement Security must be posted to guarantee the faithful performance of the required improvements and the payment for labor and materials. Such Security shall be in the form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate surety authorized to do business in California. The amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of the required work. The amount of the Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the required work. The Applicant/Developer shall provide an estimate of these costs for approval by the City Engineer/Public Works Director with the first submittal of the final map and improvement plans for checking. 8. Phasing. The construction of the project may occur in multiple phases. The PL, PW Approval of Applicant/Developer shall provide improvement security and construct all physical improvement plans and prior improvements within each phase for adequate utility services, parking, vehicle to occupancy circulation, and pedestrian access, of affected building 9. Vesting Tentative Map Expiration. The Vesting Tentative Map shall be Pw N/A effective for two and one-half years, as set forth in the Dublin Municipal Code and in the regulations of Section 66452.6 of the Subdivision Map Act, unless extended pursuant to the Subdivision Map Act and local Ordinance. 10. Title Report. A current preliminary title report together with copies of all recorded pw Approval of easements and other encumbrances and copies of Final Maps for adjoining Final Map properties and off-site easements shall be submitted for reference as reasonably deemed necessary by the City Engineer/Public Works Director during review of the final map/parcel map. 11. Conditions to be Satisfied Prior to Final Map Approval. In recognition of the PW Approval of Subdivider's right to file multiple final maps within the boundary of the Vesting Final Map Tentative Map, the City Engineer/Public Works Director shall have the authority to determine which conditions must be satisfied prior to any individual Final Map approval 12. Obsolete Private and/or Utility Easements. Permanent structures shall not be Pw Approval of constructed within existing private and/or utility easements unless authorization is Final Map granted by the easement beneficiary. Private easements that are no longer necessary based on the new site configuration shall be extinguished or modified as necessary by the Applicant/Developer to eliminate the conflict. Easements that may need to be extinguished/modified include, but may not be limited to: a. Anchor Easement on Lot 4 (recorded as Series No. 98-184788); If the Subdivider is unable to get PG&E approval to extinguish the easement prior to approval of the Grading Permit for the project, the Subdivider shall design and construct improvements in compliance with the easement requirement. 13. Easement Dedications. Applicant/Developer shall dedicate easements on the pw Dedicate on final map, by separate instrument, or with a CC&R document as follows: Final Map a. Reciprocal sanitary sewer, water, and/or utility easements across the five new parcels, unless otherwise encumbered by easements granted to specific utility providers pursuant to their requirements. b. Reciprocal private access easements across the five new parcels, unless otherwise provided in the Covenants, Conditions, and Restrictions. c. Public sidewalk easements granted to the City of Dublin for all sidewalks and access ramps serving the public sidewalk that extend outside of the public right-of-way. d. Public emergency vehicle access easement (20'-minimum width) granted to the City of Dublin at locations dictated by the Fire Marshal. e. Ten feet wide Public Service Easement along project frontage on Dougherty Road and Dublin Boulevard or as necessary to accommodate existing or reasonably anticipated future utility infrastructure. f. Five feet wide Public Service Easement (except where buildings interfere) along project frontage on Sierra Lane or as necessary to accommodate existing or reasonably anticipated future utility infrastructure. g. Public Traffic Signal Easement across the traffic signal detector loops and appurtenant equipment at the southbound exit lane for the Dublin Boulevard/Dublin Court intersection. h. Additional areas may be needed to be dedicated to any other easements deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. i. Reciprocal storm drain easement or drainage release across the five new parcels. Parkland Dedication. The developer shall pay Public Facilities Fees in the amounts and at the times set forth in City of Dublin Resolution No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. PW Approval of Final Map of Right-of-Way Lines for Dublin Boulevard and Dougherty Road. The City is currently developing a Right-of-Way Alignment along Dublin Boulevard and Dougherty Road to reserve sufficient right-of-way to accommodate thc Dublin Boulevard and Dougherty Road intersection improvements according to thc City's Capital Improvement Project (CIP) 96852. To accomplish this, the City will establish a right-of-way alignment pursuant to Municipal Code Chapter 7.68 and prepare an Initial Study for the intersection improvement project. Because thc right-of-way alignment has not yet been established, the Applicant/Developer shall make minor adjustments to thc subdivision configuration and any proposed improvements to accommodate thc adopted right-of-way lines if the lines differ from the right-of-way alignment shown on the Vesting Tentative Map or Site Development Review exhibits. PW Approval of Final Map Acquisition and Dedication. The right-of-way required to widen Dublin Boulevard and Dougherty Road along the property frontages pursuant to the City's Capital Improvement Project (CIP) 96852 must be irrevocably dedicated to the public by the Applicant/Developer, without reimbursement from the City. PW Approval of Final Map Oversized Building Area: The owner of the required side yard used to allow for an oversized building shall file an agreement binding such owner, his heirs, and assignees, to set aside the required yard as unobstructed space having no improvements. Such agreement shall be recorded in the Alameda County Recorder's Office. B Approval of Final Map SITE DEVELOPMENT REVIEW (PA#02-062) 1. Approval. PA 02-062, Bancor Properties - Tralee Site Development Review is PL Prior to recommended for approval to allow demolition of an existing commercial Issuance of Building shopping center and construction of approximately 35,000 sq. ft. of commercial Permits office, retail and restaurant building space and 233 flats and townhouse style condominium residences, and a common open space and recreation area. This Site Development Review includes a recommendation of approval for the location of a restaurant building on Lot 5, but does not include approval of the architecture. The approval shall conform generally to the plans, text, and illustrations contained in the Planned Unit Development Plans dated received June 4, 2004, including Sheets 1 through 7, prepared by Carlson, Barbee & Gibson, Inc. (June 3, 2004), Sheets L- 1 through L-16 prepared by The Guzzardo Partnership, Inc. (June 3, 2004), the Architectural Plans Sheets A-100 through A-503 prepared by the MVE Partners (June 3, 2004), and the Vesting Tentative Map prepared by Carlson, Barbee & Gibson, Inc., Sheets C-1 through C-3 (June 3, 2004), and all plans, programs, texts and diagrams submitted as part of the Stage 1, Stage 2 Development Plan, Tentative Map and Site Development Review proposal on file in the Community Development Department unless modified by the Conditions of Approval contained herein. 2. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of PW, PL Various times, building permit issuance, including, but not limited to, Planning fees, Building but no later than Issuance fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin of Building Unified School District School Impact fees, Alameda County Fire Services fees; Permits Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. Any fee credits associated with the existing use shall be calculated and credited at the time fees are assessed. 3. Standard Conditions The project shall comply with the City of Dublin Site PL, B On-going Development Review Standard Conditions. 4. Site Development Review for Commercial Pad (Lot 5): A separate Site PL Prior to Development Review - shall be required for the free-standing commercial pad Issuance of Building labeled as "Lot 5 - Commercial Building". To assure continuity with the mixed Permit for use nature of the property, the SDR for the free standing restaurant shall restaurant on ~ncorporate the same materials and massing as the existing center. Slight variations Lot 5 ;hall be allowed but the Applicant/developer shall create a consistent architectural theme for all buildings on the site. 5. Term. Approval of the Site Development Review shall be valid for one year from PL On-going effective date of permit approval. If construction has not commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) 6. Action Programs/Mitigation Measures. Applicant/Developer shall comply with PL Approval of I all applicable action programs and mitigation measures of the Mitigated Negative I I I~,mpro.v, emen,t / Declaration (MND)and Mitigation Monitoring Plan for PA 02-062. / ] c~o'~o°nugh 7. Vesting Tentative Map Conditions: In the event the Developer/Applicant PW decides not to file final maps pursuant to Vesting Tentative Subdivision Map 7457, I the following Conditions of Approval will become obligations of the Site [ I Development Review approval: Improvement Agreement and Security. Pursuant to §7.16.620 of the Municipal ew Prior to Code and Subdivision Map Act §66499, the Applicant/Developer shall enter into ,Approval of, an Improvement Agreement with the City for each phase of the development to ' ' ;lma~Pts°~n~tn~ guarantee required public and site improvements. Improvement Security must be ] I Engineer/ posted to guarantee the faithful performance of the required improvements and the Public Works payment for labor and materials. Such Security shall be in the form of cash, a I [ Director I certified or cashier's check, a letter of credit, or surety bonds executed by the I I I Applicant/Developer and by a corporate surety authorized to do business in [ [ California. The amount of the Security guaranteeing faithful performance shall be ] [ 100% of the estimated cost of the required work. The amount of the Security [ [ I guaranteeing the payment for labor and materials shall be 100% of the estimated [ I cost of the required work. The Applicant/Developer shall provide an estimate of [ [ I these costs for approval by the City Engineer/Public Works Director with the first I I [ submittal of the improvement plans for checking. I Easement Dedications. Applicant/Developer shall dedicate easements by separate instrument or with a CC&R document as follows: a. Reciprocal sanitary sewer, water, and/or utility easements across the five new parcels, unless otherwise encumbered by easements granted to specific utility providers pursuant to their requirements. b. Reciprocal private access easements across the five new parcels, unless otherwise provided in the Covenants, Conditions, and Restrictions. c. Public sidewalk easements granted to the City of Dublin for all sidewalks and access ramps serving the public sidewalk that extend outside of the public right-of-way. d. Public emergency vehicle access easement (20'-minimum width) granted to the City of Dublin at locations dictated by the Fire Marshal. e. Ten feet wide Public Service Easement along project frontage on Dougherty Road and Dublin Boulevard or as necessary to accommodate existing or reasonably anticipated future utility infrastructure. f. Five feet wide Public Service Easement (except where buildings interfere) along project frontage on Sierra Lane or as necessary to accommodate existing or reasonably anticipated future utility infrastructure. g. Public Traffic Signal Easement across the traffic signal detector loops and appurtenant equipment at the southbound exit lane for the Dublin Boulevard/Dublin Court intersection. h. Additional areas may be needed to be dedicated to any other easements deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. i. Reciprocal storm drain easement or drainage release across the five new parcels. Prior to Approval o£ Improvement Plans by City Engineer/ Public Works Director Obsolete Private and/or Utility Easements. Permanent structures shall not be constructed within existing private and/or utility easements unless authorization is granted by the easement beneficiary. Private easements that are no longer necessary based on the new site configuration shall be extinguished or modified as necessary by the Applicant/Developer to eliminate the conflict. Easements that may need to be extinguished/modified include, but may not be limited to: a. Anchor Easement on Lot 4 (recorded as Series No. 98-184788); If the Subdivider is unable to get PG&E approval to extinguish the easement prior to approval of the Grading Permit for the project, the Subdivider shall design and construct improvements in compliance with the easement requirement. ,r to Approval of Improvement Plans by City Engineer/ Public Works Director 10 Establishment of Right-of-Way Lines for Dublin Boulevard and Dougherty Road. Thc City is currently developing a Right-of-Way Alignment along Dublin Boulevard and Doughcrty Road to reserve sufficient right-of-way to accommodate thc Dublin Boulevard and Dougherty Road intersection improvements according to the City's Capital Improvement Project (CIP) 96852. To accomplish this, the City will establish a right-of-way alignment pursuant to Municipal Code Chapter 7.68 and prepare an Initial Study for the intersection improvement project. Because the right-of-way alignment has not yet been established, the Applicant/Developer shall make minor adjustments to the subdivision configuration and any proposed improvements to accommodate the adopted right-of-way lines if the lines differ from thc right-of-way alignment shown on the Vesting Tentative Map or Site Development Review exhibits. Prior to Approval of Improvement Plans by City Engineer/ Public Works Director Right-of-Way Acquisition and Dedication. The right-of-way required to widen Dublin Boulevard and Dougherty Road along the property frontages pursuant to the City's Capital Improvement Project (CIP) 96852 must be irrevocably dedicated to the public by the Applicant/Developer, without reimbursement from the City. Prior to Approval of Improvement Plans by City Engineer/ Public Works Director Oversized Building Area: The owner of the required side yard used to allow for an oversized building shall file an agreement binding such owner, his heirs, and assignees, to set aside the required yard as unobstructed space having no improvements. Such agreement shall be recorded in the Alameda County Recorder's Office. PL, PW Prior to Approval of Improvement Plans by City Engineer/ Public Works Director Parking. Applicant/Developer shall provide parking in compliance with the PD Stage 2 Development Plan (PUD Sheet 5). PL, PW Completion of Improvements Recreational Vehicle Parking. Recreation vehicle (as defined in the Dublin Zoning Ordinance) parking shall be prohibited on public streets and along the main private street of the project. Signs shall be posted to that effect. PL, PW Acceptance of Improvements by City Council Architectural drawings: Residential and commercial buildings shall comply with the architectural drawings submitted by MVE Partners (June 3, 2004). Final colors shall be reviewed by the City's Architect and approved by the Community Development Director, and shall generally conform to the colors and materials approved for the Tralee project PA 02-062, on file in the City of Dublin Department of Community Development. PL Prior to Issuance of Building Permits Porches/decks: Porches or decks exposed to a CNEL of 65 or greater dBA as identified in the Noise Study by Rosen, Goldberg and Der dated March 16, 2004 shall be designed to be partially or fully enclosed (as recommended in the submitted Noise Study) to help mitigate this potential impact. Final designs of the residential units and the acoustical noise attenuation are subject to review and approval by the Community Development Director. Final approval shall require a written statement by a licensed acoustical consultant confirming that the units as designed and any acoustical screening have achieved the City's interior living and exterior recreation noise goals. PL Prior to Issuance o£ Building Permits 11 Glare/Reflective Finishes - The use of reflective finishes on building exteriors is prohibited. In order to control the effects of glare within this subdivision, reflective glass shall not be used on all east-facing windows. PL Prior to Issuance of Building Permits Disabled parking: Proposed parking plan for disabled access will have its final review for conformance to the CA Building Code. B Prior to Issuance of Building Permits Height of buildings: Applicant has agreed to supply information to the building department on the height of the building as proposed. PL, B, PW Prior to Issuance of Building Permits Street names: Street names shall be submitted for review prior to approval of the final map. The current proposed names are not approved at this time. Please see Section 7.08.030 of the Dublin Municipal Code (DMC) for requirements of suffixes to street names. B Prior to Issuance of Building Permits Townhouse plans B, The dining room is proposed to share light and ventilation from the living room. The adjoining wall shall be a minimum of 50% open and unobstructed. Currently a fireplace is shown at what appears to be an option, this may not be permitted by code. This item will be reviewed during the building permit application stage. Prior to Issuance of Building Permits Building Codes and Ordinances All project construction shall conform to all building codes and ordinances in effect at the time of building permit. B, PL Through Completion Retaining Walls: All retaining walls over 30 inches in height and in a walkway shall be provided with guardrails. All retaining walls over 24 inches with a surcharge or 36 inches without a surcharge shall obtain permits and inspections from the Building Division B, PL Through Completion). 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 buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director of Conununity Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Each building in the phase shall have its own entrance and exit. 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, PL Prior to Occupancy of any affected building) Building Permits: To apply for building permits, Applicant/Developer shall submit eight (8) sets of construction plans to the Building Division 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 or have been complied with. Construction plans will not be accepted without the B, P, PW Prior to Issuance of Building Permits 12 annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 21. Construction Drawings: Construction plans shall be fully dimensioned (including B, PI Prior to building elevations) accurately drawn (depicting all existing and proposed Issuance of Building conditions on site), and prepared and signed by a California licensed Architect or Permits 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. 22. Air Conditioning Units: Air conditioning units and ventilation ducts shall be PL Prior to screened from public view with materials compatible to the main building. Units Occupancy of shall be permanently installed on concrete pads or other non-movable materials to Units approved by the Building Official and Director of Community Development. 23. Temporary Fencing: Temporary Construction fencing shall be installed along B, PW Through perimeter of all work under construction, completion 24. Addressing. B Prior to Issuance of a. Provide a site plan with the City of Dublin's address grid overlaid on the Building plans (1 to 30 scale). Highlight all exterior door openings on plans (front, Permits, rear, garage, etc.). (Prior to release of addresses) release of addresses, b. Provide plan for display of addresses. The Building Official and Director occupancy of of Community Development shall approve plan prior to issuance of the units and through first building permit. (Prior to permitting) completion c. Addresses will be required on the front of the dwellings. Addresses are also required near the garage door opening if the opening is not on the same side of the dwelling as the front door. (Prior to permitting) d. Town homes / Condos are required to have address ranges posted on street side of the buildings. (Occupancy of any Unit). e. Address signage shall be provided as per the Dublin Residential Security Code. (Occupancy of any Unit). f. Provide a site plan with the approved addresses in 1 to 400 scale prior to approval or release of the project addresses. (Prior to permitting) g. 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) h. Provide proposed locations for an illuminated diagrammatic map of the complex at each entrance to the multi-family homes as required by section 7.32.220(a)(2) Dublin Municipal Code. 25. Engineer Observation. The Engineer of record shall be retained to provide B Ongoing observation services for all components of the lateral and vertical design of the during construction building, including nailing, hold-downs, straps, shear, roof diaphragm and and writte~n structural frame of building. A written report shall be submitted to the City report prior to Inspector prior to scheduling the final frame inspection, scheduling the final frame inspection. 26. Addressing: An approved unit-numbering plan shall be incorporated into the B, P Prior to construction drawings. Signage for each unit and hallway signage shall be Isstla~.nce__ of 13 approved as part of the Master Sign Program. Exterior address numbers shall be building permit backlight and be posted in such a way that they may be seen from the street, and through completion 27. Tot Lot: Entrance to the Tot Lot play area shall be made accessible to the B Prior to Prior to Issuance of disabled. Building Permit 28. Number of Restrooms: Clubhouse(s) shall be provided with the number of water B Prior to closets and lavatories as prescribed by the Uniform Plumbing Code in effect at the Issuance of Building time of permitting. The occupancy number shall take into account the adjacent Permit Swimming Pool, Spa and Play areas. 29. Accessory Buildings and / or Structures: Building permits are required for all B Prior to accessory buildings and / or structures. This includes but is not limited to issuance of accessory fountains, swimming pools, spas, clock towers, sound walls, and mail kiosks. To Building apply for building permits, Applicant/Developer shall submit eight (8) sets of Permit construction plans to the Building Division for plan check. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 30. Loft Areas: Loft areas shall meet the requirements for bedrooms for smoke B, F Prior to detectors and window egress. Smoke detectors shall be located, at a minimum, at lssuance of Building the top of the stairs and in the loft area (this shall not be the same smoke detector). Permit 31. tinder-Floor Area: The under floor area appears to be useable space and therefore 13, F Prior to will be required to meet the 1 hour fire resistive requirements under section 712 Issuance of Building Uniform Building Code (UBC). Permit 32. Adaptable Dwelling Units: All single floor units shall be adaptable units per the B Prior to Issuance of CBC Building Permit 33. Emergency Vehicle Access (EVA): An EVA is required for driveway E and the F Prior to first 150 feet of driveways F. Issuance of Building Permit 34. Emergency Vehicle Access Improvements: In accordance with the ACFD F Combustible construction or requirements, the Applicant/Developer shall provide emergency vehicle access combustible routes into the project in general conformance with the site plan. Applicant/ storage on site. Developer shall demonstrate how emergency access requirements shall be achieved on the improvement plans to the satisfaction of the City Engineer and the ACFD. (All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to vertical construction or combustible storage on site). Fire apparatus roadways shall have a minimum unobstructed width of 20 feet (14 feet for one way streets) and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE -CVC 22500.1". (CFC 1998, Section 1998). 14 Automatic Sprinklers- Automatic sprinklers shall be provided throughout the F Occupancy of buildings as required by the Dublin Fire Code. If the buildings have over 100 any affected sprinklers the system shall be monitored by UL listed central station, building ACFD rules regulations and standards. Applicant/Developer shall comply with F Through all Alameda County Fire Department (ACFD) rules, regulations, City of Dublin completion standards, including minimum standards for emergency access roads and payment of applicable fees including City of Dublin Fire facility fees. Fire hydrants. The Applicant/Developer shall construct all new fire hydrants in F Start of accordance with the ACFD and City of Dublin requirements. (Prior to combustible combustible construction or combustible storage on site). Final locations of fire hydrants shall construction. be approved by the ACFD in accordance with current standards. The minimum fire flow design shall be 1500 gallon per minute at 20 psi residual (flowing from a single hydrant). Raised blue reflectorized traffic markers shall be epoxied to the center of the street opposite each hydrant. Sufficient fire flow is required based on building construction and size. Addresses: Approved numbers or addresses shall be placed on all new and F, P Prior to existing buildings. The address shall be positioned as to be plainly visible and Occupancy of legible from the street or road fronting the property. Said numbers shall contrast building any affected with their background. Fire extinguishers: Provide 2Al 0BC fire extinguishers within 75 f[ travel distance F Prior to I of portions of the buildings. An approved sign in accordance with Uniform Fire Occupancy of any affected I Code shall be conspicuously posted above the extinguisher, building. I Fire alarms: Provide fire alarm systems in the buildings as required by the F Prior to I California Building Code. Occupancy of Units I Code Compliance: The project shall be in compliance with the Uniform Building F, B On-going I and Fire Codes as adopted by the City of Dublin. I Knox boxes: Knox boxes are required at the entrance to the building and at any F Prior to Occupancy of ates in the Fire Department access roads. Units 43. The Developer shall comply with all applicable City of Dublin Residential and PO, B Prior to Commercial Security Ordinances and the Dublin Uniform Building and Security Occupancy of Units Codes: a. Parking Garage Security System with Surveillance Camera with on site video recording. b. A secure parking structure as required in 7.32.230 (h)(1) Building Sec.Code, requiring Electronic Key Pad Entry including Opticom Sensors for patrol car and fire truck access. c. Security telephone with 24 hour monitoring capability as required in 7.32.230 (h)(3) Building Sec.Code. d. Insure emergency services radio transmit and receive capabilities in the parking structure. e. Lighting as required by Section 7.32.230(c)(10) Building Sec. Code. 15 Illuminated Addressing is required on Residences, Garages, and Commercial Stores. PO Prior to Occupancy of Units Commercial lighting plan is required with point by point photometric measurements. The plan is to include the lighting transition from commercial to residential. PO, B Prior to Issuance of Building Permits Final Landscape and Irrigation Plans: Final Landscape and Irrigation Plans prepared and stamped by a State licensed landscape architect or registered engineer, generally consistent with thc prclirninary landscape plan prepared by Thc Guzzardo Partnership, dated June 3, 2004, except as modified by Conditions of Approval below, along with a cost estimate of the work and materials proposed, shall be submitted for review and approval by the Community Development Director. Landscape and irrigation plans shall be at a scale not less than 1" =20'. Key areas such as major intersections and plazas shall be at a scale not less than 1" =10'. PL, PW Approval of Improvement Plans; Landscaping to be Constructed Prior to Acceptance of Improvements or Prior to Occupancy of First Unit in affected Phase Project Wall: Provide a six foot pre-cast concrete project wall The 3'- 6" wide planter adjacent to the project wall shall be planted to appropriately screen the wall per the detail on Sheet L-7. PL Prior to Issuance of Building Pemfits Air Conditioner Units: All Air Conditioning units shall be screened from view with metal work and planted with vines to the satisfaction of the Community Development Director and City's Consulting Landscape Architect. This includes AC units in planters as well as on porches. Approval of Certificates of Occupancy shall be dependent upon satisfactory screening of the AC units per the approved plans. Submit materials, colors and finish for the proposed screening of the AC units PL, B Approval of Improvement Plans Landscaping of Walls and Trash Enclosures: The Applicant/Developer shall screen all walls and the sides of walls surrounding trash enclosures with landscaping. The trash enclosure(s) shall have solid roof. PL Prior to Occupancy of first Unit in affected Phase Utility Screening: All above grade utilities shall be screened from view with either walls, metal work and/or plant material to the satisfaction of the Community Development Director. PL, PW Approval of Landscape Plans/Construe tion, Prior to Occupancy of first unit Metal Work: The design of the metal work shall be coordinated with the design of the architectural metal work used at the residential patios. Interior Sidewalk standards: Construct 6' wide sidewalks to provide for a PL, Approval of Landscape Plans PW Approval of minimum unobstructed width of 4' where sidewalks are adjacent to head-in parking. Landscape Plans ~e / Parking Curbs: All landscape areas along the side of a parking space shall have a 12-inch wide curb - (Zoning Ordinance 8.76.070 A 19). All other landscaped areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. All landscape planters within the parking area shall maintain a minimum 5 foot radius, or be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. PL, PW Approval of Landscape Plan 16 Screening of Parking: View of parking shall be screened from adjacent road with wall and landscaping to achieve an immediate 30 inch tall screen from the finish grade of the parking stalls as viewed from the adjacent major road. Wall(s) shall match building in color, materials and design, and shall be softened with planting. PL, Approval of Landscape Plan Existing Trees: During the preparation of construction documents the consultants shall review the possibility of preserving some of the existing trees on site specifically along Sierra Ln. and the corner of Sierra Ln. and Dougherty. PL, PW Approval of Landscape Plans Landscaping at Street/Drive Aisle Intersections: Landscaping shall not obstruct the sight distance of motorists, pedestrians or bicyclists. Except for trees, landscaping 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, PW Approval of Landscape Plans Parking Landscape Planters: Landscape planters in the front of parking spaces shall provide a minimum two-feet clear to any tree PL, PW Approval of Landscape Plans Additional Paving and Pots: Where the width of a planter is less than 6 feet, special paving such as stone may be employed in combination with pots or tree guards to protect planting, if necessitated by the design. Approval of Landscape Plans. Landscaping to be installed prior to acceptance of occupancy of first unit in affected phase Parking Area Tree Wells: Tree wells shall be centered on parking stripes wherever possible. Tree wells placed in front of parking spaces shall provide a minimum 3' clearance to the tree trunk. Tree wells shall be fitted with ornamental cast iron tree grates. Tree grates must have narrow openings to conform to handicap standards and meet the approval of the City Engineer. PL, PW Approval of Landscape Plans Landscaping: Applicant/Developer shall construct all landscaping within the site and along the project frontage from the face of curb to the site right-of-way to the design and specifications of the City of Dublin, and to the satisfaction of the Director of Public Works, Director of Community Development and City's Consulting Landscape Architect, or pay an equivalent amount to the City to build the sidewalks and install street trees along the frontages. Street tree varieties of a minimum 24" box from the approved street list shall be planted along all street frontages and shall be shown on the Landscaping Plans. Exact tree locations and varieties shall be reviewed and approved by the Director of Public Works PL, PW Approval of Landscape Plans Stormwater Filtering Area: Applicant/Developer shall construct stormwater filtering areas to the satisfaction of the Director of Public Works, Director of Community Development and City's Consulting Landscape Architect. Acceptance of site improvements Landscaping: All planting material shall be installed in accordance with the landscape plan and plant schedule included in the Landscape Plans dated June 3, 2003 by The Guzzardo Partnership. Modifications in sizes and amounts of trees and shrubs shall require approval by the Community Development Director. PL, PW Approval of landscape plans Maintenance of Landscaping: All landscaping materials within the public right- of-way shall be maintained for 90 days and on-site landscaping shall be maintained in accordance with the "City of Dublin Standards Plant Material, Irrigation System PL, PW Prior to Acceptance of site 17 and Maintenance Agreement" by the Developer after City-approved installation, or submit payment in lieu of constructing said improvements in an amount determined by the City Engineer/Public Works Director. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. improvements Installation of Landscaping and Parking Lot Improvements: All landscaping and parking lot improvements shall be installed prior to occupancy of the buildings. PL, PW Prior to Occupancy of units 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, PW Prior to Acceptance of improvements Irrigation System: The irrigation system shall be designed to allow for the future installation of turf in those areas designated as decomposed granite. The irrigation design shall provide for an automatic underground system with head to head coverage so that overspray is kept to a minimum. PL, B of Landscape Plan Fountain Design: Final design of all of the fountains shall be subject to approval by the Community Development Director prior to installation. PL Approval required prior to installation Public Art: The Applicant shall coordinate with staff during the design of the public art piece. Final siting and design of the public art piece will require approval by the Community Development Director prior to installation. PL Approval required prior to installation; completion prior to first occupancy Traffic Study. The Applicant/Developer shall comply with the recommendations of the traffic report dated April 28, 2004 prepared by Omni-Means Consultants. Said traffic report requires the following: a. In order to ensure orderly and unobstructed circulation of trucks through the site, appropriate signage shall be provided throughout the site clearly indicating which streets are to be used by trucks. Trucks shall be prohibited on Main Street and 20' wide residential driveways A, B, C, D and F. Truck access at the central driveway on Dublin Boulevard shall be prohibited for all trucks. Similarly access for trucks 50' in length and larger shall be limited to the driveway on Dougherty Road, at Dublin Court entry on Dublin Boulevard and at the two driveways on Sierra Lane. The large trucks shall be prohibited on Village Center Drive, Bantry Bay Street, Main Street, and all the 20' wide residential driveways (Driveways A through F). b. The east-west internal drive aisle [Village Center Drive] just north of project entrance off of Dublin Boulevard shall be stop-sign controlled in both directions, both at the full-access driveway at Dublin Court and at the mid-block limited access driveways. c. Temporary truck construction traffic hours of operation shall be limited to non-peak periods between 9:00 a.m. and 4:00 p.m. In addition, the Subdivider shall submit a construction safety management plan to be reviewed by the City to ensure safe truck ingress-egress and any additional PL, PW Prior to Acceptance of improvements by City Council or Prior to Issuance of occupancy permits for effected phase. 18 measures (flagmen) that may be required. d. A parking Management Plan shall be implemented by the Subdivider to clearly identify the commercial-retail parking spaces and any planned time limitations. 70. Bus Shelter. The Applicant/Developer shall install a bus turnout and a shelter per PW, As required by LAVTA standards on Dublin Blvd. In lieu of installing a bus turnout, shelter, and LAVTA LAVTA but not later than associated sidewalk improvements, the Applicant/Developer shall pay to the City acceptance of the estimated cost of these features within 30-days written notice of completion of improvements the Dublin Boulevard/Dougherty Road Improvements by City's Capital by City Improvement Project (CIP) 96852, or at the time of final acceptance of the Council subdivision improvements, whichever occurs first. The City suggests the Applicant consider providing or funding the cost of a shelter that is consistent with the design by Dan Dykes previously used for shelters installed in the Downtown area of Dublin Boulevard. 71. CMU Screen Wall. The Applicant/Developer shall replace or supplement the PL, PW Prior to existing mid height CMU [Concrete Masonry Unit] Screen Wall along the north Issuance of Occupancy side of the car wash with a 6 foot high wall. The type of finish and design shall be Permit(s) for as approved by the Community Development Director. each phase of development 72. Utility Structures. The Applicant/Developer shall coordinate with the City for the PW, PL Approval of proposed improvements on Dublin Boulevard, Dougherty Road and Sierra Lane as Improvement Plans by City to the locations of PUEs, utility structures and vaults. The Applicant/Developer Engineer/ shall coordinate the design of landscaping within the PUE along Dublin Boulevard Public Works and Dougherty Road frontages with the undergrounding of the overhead utilities to Director be completed by the City. 73. Traffic Signal Equipment. The Applicant/Developer shall relocate/reinstall any Pw Prior to traffic signal equipment and signal loops which are damaged or to be relocated, Issuance of Occupancy with no reimbursement from the City. The Applicant/Developer shall install a Permit(s) for closed circuit television (CCTV) camera and associated improvements for the each phase of traffic signal at Dublin Boulevard/Dublin Court intersection for the City's remote development monitoring and management of traffic flow on the street system, that relies on this intersection for access 74. Improvement and Grading Plans. All improvement and grading plans submitted PW, PL Prior to to the Public Works Department for review/approval shall be prepared in Issuance of Grading/Site accordance with the approved Tentative Map, these Conditions of Approval, and work Permit the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill-out and submit a City of Dublin Improvement Plan Review Checklist (three 8- 1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City pf Dublin Improvement Plan GeneralNotes (three 8-1/2" x 11" pages). For on-site improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All of these reference documents are ivailable from the Public Works Department (call telephone 925-833-6630 for more information). 19 75. Grading/Sitework Permit. All site improvement work and public right-of-way PW, PL Prior to work must be performed per a Grading/Sitework Permit issued by the Public Issuance of Grading/Site Works Department. Said permit will be based on the final set of improvement work Permit plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the Applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant/Developer will be responsible for any adopted increases to the fee amount. 76. Demolition. Demolition shall include the complete removal of all surface and PW Prior to subsurface structures. If any of the following are encountered: concrete, septic Approval of grading plan tanks, storm inlets, foundations, asphalt, machinery, equipment, debris and trash, these shall be removed. All trees shall be properly grubbed to remove the major root system. All known underground structures shall be located on the grading plans so that proper removal can be carded out. 77. Finished Grades. All finished grades shall provide a positive gradient to an PW Prior to Issuance of adequate discharge point in order to provide a rapid removal of surface water Grading/Site runoff away from the foundations. No ponding of water shall be allowed on the work Permit pad or adjacent to the foundations. Surface drainage shall be provided as designed and approval of by the project Civil Engineer and maintained by the property owner at all times, plans 78. Non Engineered Fills. Non engineered fills at the eastern portion of the site shall PW On-going be removed and placed back as engineered fill and compacted per the through out construction recommendations of the Geotechnical investigation. Contingencies shall be made for the possibility of encountering old fill material deeper than 2.5 feet in the area. During demolition, additional subsurface investigation of the site consisting of excavating a number of backhoe test pits shall be carded out to provide a better evaluation of the presence and extent of old fill. 79. Survey Control. Survey monuments shall be set in finished public and private PW Prior to streets and at designated property corners or other control points in accordance Acceptance of improvements/ with the final maps recorded for this project, and as required by the City release of Engineer/Public Works Director. Said street monuments shall be set within a bonds by City tolerance of twenty (20) seconds for any angle and 1 in 10,000 feet for distances Council between monuments as required by Municipal Code §9.20.040. Pursuant to Subdivision Map Act §66497, the surveyor of record shall, within five days after the final setting of all monuments, give written notice to the City Engineer/Public Works Director that the final monuments have been set. The Applicant/Developer shall then present evidence to the City Engineer/Public Works Director of the payment and receipt of payment by the surveyor of record for the monument setting. 80. Building Pad Certification. The Developer shall provide the Public Works Dept. PW Prior to Issuance of with a letter from a registered civil engineer or surveyor stating that the building building pads have been graded to within 0.1 feet of the grades shown on the approved permit(s) for Grading Plans, and that the top & toe of banks and retaining walls are at the each phase of locations and/or Site Development Review shown on the approved Grading Plans. development. 81. Storm Drainage Study. Applicant/Developer shall prepare a Storm Drainage PW Prior to Study for the properties and roads to be developed/constructed with the project. Issuance of Grading/Site The Study, including a hydrology map and hydraulic calculations, shall include an work Permit. analysis of existing and proposed pipes within the watershed as necessary to verify 20 the adequacy of the storm drain design. The Study must demonstrate that design flows do not adversely impact existing hydraulics upstream or downstream of the project, or that identified impacts will be mitigated with improvements to the City's pipe network, or Zone 7's channel network. 82. Storm Drain Improvements. All storm drain improvements and mitigation PW Prior to measures identified in the Storm Drain Study and/or specified by the City Issuance of Grading/Site Engineer/Public Works Director shall become requirements of this project. Prior work Permit to issuance of the first Certificate of Occupancy for any building which is part of the Project, the storm drainage systems off-site as well as on-site serving the areas to be occupied shall be improved to the satisfaction and requirements of the Dublin Public Works Department applying City's and Zone 7 Water Agency's standards and policies. If not shown on the Vesting Tentative Map, an inlet or manhole shall be provided at the fight-of-way line to delineate the boundary between City and private maintenance of the pipes. The Applicant/Developer shall take measures to prevent damage to existing 48" storm drain lines within the project during and after construction. 83. Overland Storm Drain Flow. To accommodate potential overland flow, the PW Prior to 3arking lot grading and on-site storm drain system shall be designed to convey Issuance of Grading/Site storm water overland to public street fight-of-way without inundating the buildings work Permit in the event the pipe network becomes plugged. 84. FEMA Flood Zone. According to the Flood Insurance Rate Map published by PW Prior to FEMA (Community Panel Number 060705-0001 B) the site is entirely located Issuance of Grading/Site with Flood Zone X. Ail proposed structures must be elevated at least 1-foot above work Permit this flood elevation, or the structures shall be flood-proofed. The underground parking garage shall be drained using sump pumps designed per City requirements. 85. Erosion Control during Construction. Applicant/Developer shall include an PW Prior to Erosion and Sediment Control Plan with the Grading and Improvement plans for Issuance of Grading/Site review and approval by the City Engineer/Public Works Director. Said plan shall work Permit be designed, implemented, and continually maintained pursuant to the City's and during NPDES permit between October 1 st and April 15~h or beyond these dates if dictated construction. by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. Prior to any cleating or grading, the Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California Regional Water Quality Control Board (RWQCB) 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. 86. Water Quality/Best Management Practices. Pursuant to the Alameda PW Prior to Countywide National Pollution Discharges Elimination Permit (NPDES) No. Issuance of Grading/Site CAS0029831 with the California Regional Water Quality Control Board work Permit (RWQCB), the Applicant/Developer shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to any proposed biofiltration swales, in-line filtration devices may be necessary to serve runoff areas that will not drain to biofiltration swales due to grading constraints. All trash dumpsters and recycling area enclosures that are not located inside the apartment building shall have roofs to prevent contaminants from washing into the storm drain system. The Applicant shall file a Notice of Intent (NOI) with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan 21 (SWPPP) for the City Engineer/Public Works Director's review/approval. Finally, all storm drain inlets serving vehicle parking areas and not draining into bio-swales shall be fitted with Filter Devices to remove Hydrocarbons and other contaminants and stenciled "No Dumping - Flows to Bay" using stencils available from the Alameda Countywide Clean Water Program. Storm Water Treatment Measures Maintenance Agreement. Applicant/Developer shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. PW Prior to Acceptance of improvements by City Council Covenants, Conditions and Restrictions (CC&Rs). An Association shall be formed by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the name of the association, ownership of the private access roads, the restrictions on the use or enjoyment of any portion of the access roads for maintenance and/or access, and the bylaws, rules and regulations of the Association. Prior to recordation, said CC&R document shall be reviewed by the City for compliance with this Condition. The CC&Rs shall address the following: 1 .Maintenance of the private access roads, any common utilities, and any common areas, including the Plaza area. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all commonly owned facilities. In the event that any area falls into a state of disrepair or fails to meet the Performance Standards established by the CC&R's, the City will have the right but not the obligation to take corrective measures and bill the Association for the cost of such repair and corrective maintenance work plus City overhead. The Declaration shall specify that, as it pertains to the maintenance of the above-listed items, it cannot be amended without the consent of the City. 2.The private access roads shall be posted in accordance with California Vehicle Code Section 22658, Sections 1 and 2. 3.Owners and residents of the Tralee project shall be informed of the noise exposure levels along Dublin Boulevard, Sierra Lane and Dougherty Road, and of potential uses that may occupy the adjacent site to the west. Additionally, Sierra Lane allows for truck parking for adjacent uses or other trucks overnight. The above requirements shall be included in the project CC&Rs. PW Prior to Issuance of Occupancy Permit(s) for each phase of development 22 Construction Noise Management Program/Construction Impact Reduction Plan. Applicant/Developer shall conform to the following Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (I-580) to the job site. Primary route shall be from 1-580 to Dougherty Road to either Dublin Boulevard or Sierra Lane. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. Truck traffic shall be restricted to outside the peak traffic hours. b. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Construction equipment shall use recycled or other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. The name of the construction noise monitor shall be posted at the entry to the site. The construction noise monitor shall be responsible for responding to complaints and taking measures to reduce the noise level, and estimating noise levels at nearest sensitive commercial or retail uses at the west end of the site and across Sierra Lane. f. Provide a construction phasing plan showing the duration of each phase and equipment used, and location of stationary equipment. g. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. All paved access roads, parking areas and staging areas at construction sites shall be swept daily. h. All exposed stockpiles such as dirt, sand, etc. shall be enclosed, covered or applied with non-toxic soil binders. i. Excavation haul trucks shall use tarpaulins or other effective covers. j. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. k. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: 1. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. All portions of the site shall be sufficiently watered to prevent dust. 3. On-site vehicle speed shall be limited to 15 mph. 4. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City Engineer/Public Works Director. 1. The Department of Public Works shall handle all dust complaints. The City Engineer/Public Works Director may require the services of an air quality consultant to advise the City on the severity of the dust problem Prior to Acceptance of improvements by City Council, and during grading/ construction 23 and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer/Public Works Director. m. Construction interference with regional non-project traffic shall be minimized by: 1. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non-project traffic movement. 4. Limiting lane closures and detours to off-peak travel periods. 5. Providing ride-share incentives for contractor and subcontractor personnel. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. :hnical Report and Recommendations. The Applicant/Developer shall incorporate the recommendations of the Geotechnical Investigation on Pak-N-Save Property, prepared for the project by Terrasearch, Inc., dated October 16, 2002 (Terrasearch Report), and any subsequent recommendations, into the project design. The Applicant/Developer shall prepare additional subsurface investigation as identified in the Terrasearch Report. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/Sitework Permit or Building Permit. All report recommendations shall be followed during the course of grading and construction. Any changes in grading or building design that would be significantly affected by geologic hazards or soil conditions, or would significantly alter geologic or soils conditions, shall be accompanied by a re-analysis of those conditions. In addition, any conditions discovered during excavation or grading that significantly depart from the previously described geologic and soils setting shall be evaluated. PW, B Prior to Issuance of Grading/Site work Permit or Building Permit, and during construction Archaeological Materials. 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, PL grading/constru etlon Dougherty Road and Dublin Boulevard Improvements. The Applicant/Developer shall design and construct the public sidewalk, bus turnout, and other applicable frontage improvements along Dougherty Road and Dublin Boulevard in their ultimate locations pursuant to the City's Capital Improvement Project (CIP) 96852 or submit payment in lieu of constructing said improvements in an amount determined by the City Engineer/Public Works Director. The existing curb and gutter shall remain in place, except at driveways and the bus turnout, until the City widens the frontages as part of the City project. The area between the existing curb and gutter and the new public sidewalk shall be temporarily landscaped in a manner that will allow subsequent removal by the City PW Design shall be approved by the City prior to Prior to Issuance of Grading/Site work Permit; construction shall be completed prior to issuance of 24 when the roads are widened. Occupancy Permit(s) for Decorative paving, entry features such as Comer Fountain Plaza at the comer of each phase of Dougherty Road and Sierra Lane, and special features at Dublin Court entry shall development be completed by the Developer at the time of project development, or not later than the completion of the City Project. The location, layout and grades of the improvements shall be coordinated with the City Project. Decorative paving or concrete banding shall be used to designate the boundary between the public right-of-way and private property at all flush driveways. 93. Stop Controls. In addition to the locations shown on the Site Plan, Stop control PW Prior to devices for vehicles, including an R1 STOP sign, STOP pavement legend, 12"- Acceptance of improvements wide white stop bar stripe, and appropriate double yellow centerline delineation, by City shall be provided at the following locations: Council (1) At the exit aisle approach onto Sierra Lane off of Bantry Bay Street. (2) At the exit aisle approach on Adare Lane at Sierra Lane. (3) At the exit aisle approach on Tralee Village Drive at Dougherty Road. (4) At other locations deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. 94. Traffic Control Devices. In addition to the traffic control devices shown on the Pw Prior to Site Plan, the Applicant/Developer shall provide devices at the following locations: Acceptance of improvements R41 (Right Turn Only) sign at the exit aisle approach on Tralee Village Drive at by City Dougherty Road, together with an R10 (One Way) sign in the median island Council opposite the driveway. R41 (Right Turn Only) sign at the exit aisle approach on Bantry Bay Street (gas station) at Dublin Boulevard, together with an R10 (One Way) sign in the median island opposite the driveway. R1 l/R11A (Do Not Enter - Wrong Way) signs at the southbound approach to the entrance only driveway on Dublin Boulevard. R100B (Physically Challenged Tow-Away) signs at all driveway entrances to the project with text amended to include the following: "...may be reclaimed at DUBL1N POLICE or by telephoning 833-6670". R7/R7A (Keep Right) and Type K Marker at the median nose for the driveway entrance opposite Dublin Court. 95. Truck Access. In order to ensure orderly and unobstructed circulation of trucks PW Prior to through the site, appropriate signage shall be provided throughout the site clearly Issuance of Occupancy indicating which streets are to be used by trucks. Based on the turning radii Permit(s) for proposed and truck turning templates for small single unit trucks (maximum 30 each phase of feet length), it is recommended that trucks be prohibited on Main Street and 20' development wide residential driveways A, B, C, D and F. Truck access at the central entrance driveway on Dublin Boulevard shall be prohibited for all trucks. Similarly, access for trucks 50' in length and larger shall be limited to the driveway on Dougherty Road, at the entrance opposite Dublin Court on Dublin Boulevard and at the two driveways on Sierra Lane. The larger trucks shall be directed to use the primary access roadways within the project site. Applicant/Developer shall make minor modifications as required by the City to the curb layout at the most easterly driveway on Dublin Boulevard to improve truck access at this driveway. 25 Construction Traffic and Parking. 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/Public Works Director. PW During construction Vehicle Parking. Applicant/Developer shall construct on-site paved parking areas and spaces for guest, tenant, and resident parking according to the Site Plan and zoning requirements of the use. Occupancy of each phase of development will be dependent upon Applicant/Developer completing the necessary parking areas to serve that phase. All parking spaces shall be double striped using 4" white lines according to Figure 76-3 and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. A parking management plan shall be implemented by the project sponsor to monitor parking including, any planned time limitations, and parking intrusion or illegal parking along Tralee Village Drive where both retail and residential parking is planned. PW, PL Prior to Issuance of Occupancy Permit(s) for each phase of development Parking Prohibitions/Restrictions. Vehicle parking shall be prohibited/restricted in the following locations: · Prohibited along both sides of the Driveways A, B, C, D, E and F located between the residential buildings. This parking prohibition shall be indicated with red-painted curbs, and with R26F "No Stopping - Fire Lane" signs installed on both sides at a spacing not to exceed 200'. · Restricted to loading/unloading only along the curb near the southwest comer of Commercial Buildings 1 and 3. This parking restriction shall be indicated with yellow-painted curbs, and with Loading Zone signs installed adjacent to the curb. · Prohibited or restricted at other locations deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. · Parking shall be prohibited on Dougherty Road and Dublin Boulevard and on Sierra Lane within 100' of Dougherty Road. PW Prior to Issuance of Occupancy Permit(s) for each phase of development Vehicular and pedestrian easement. The existing Vehicular and Pedestrian Easement located at the southeast comer of Lot 3 (recorded as Series No. 91- 009057) shall be kept clear of any permanent structures, landscaping or other obstructions and shall remain as a paved access to the service station property located southeast of the project, unless the easement is extinguished prior to issuance of Grading Permit. PW Prior to Issuance of Grading Permit Address Numbering System. After the Final Map records but before Building Permits are issued, the Applicant/Developer shall propose address numbers for each building/dwelling unit based on the address grid utilized within Alameda County and available from the Dublin Building Official. The addressing scheme is subject to review and approval by the City and other interested outside agencies. Signs shall be prominently displayed on Dublin Boulevard, Dougherty Road and Sierra Lane that identify all addresses within the development. Addresses are PW, B, F Prior to Issuance of Building Permits 26 required on the front and rear of each building. Apartments require address ranges to be posted on the street side of each building, or as otherwise required by the Building Official and Fire Marshal. Site Lighting. The Developer/Applicant shall submit for approval a photometric lighting plan which demonstrates that all exterior areas of the site will include safe, uniform, non-glaring light distribution that meets the industry standards for this type of project. Lighting in landscaped areas throughout the project shall be subject to review and approval of City's Landscape Architect, Planning, and Public Works Departments, in consideration of 1ES standards for lighting in public/community areas. The Applicant shall submit a final lighting plan for approval by the Dublin Police Services. At a minimum the plan should include: 0.50 foot candle lighting at all doors, and lighting fixtures should be of a vandal-resistant type. PW, PL, P Prior to Issuance of Building Permit(s). Site Accessibility Requirements. All disabled access ramps, parking spaces for the disabled, and other physical site improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibility. PW, B Prior to Issuance of Occupancy Pemfit(s) for each phase of development Recycling. Applicant/Developer shall provide recycling collection areas within the refuse collections areas in conformance with the City of Dublin's recycling program. Separate recycling chutes shall be provided within the apartment buildings that allow residents to separate recyclables from other refuse before placing the materials into chutes to convey the materials to the dumpster areas beneath the podium. All dumpster areas shall have designated space for recyclable collection and pick-up. PW, P Prior to Issuance of Occupancy Permits Waive right to protest. The Applicant/Developer waives any right to protest the inclusion of the properties or any portion of the properties in a Landscape and Lighting Assessment District or similar assessment district, and further waives any right to protest the annual assessment for that District. PW Ongoing Relocation of Existing Improvements/Utilities. Any necessary relocation of existing improvements or utilities shall be accomplished at no expense to the City except those improvements associated with the Dublin Boulevard/Dougherty Road Improvements by City's Capital Improvement Project (CIP) 96852. PW Prior to Acceptance of improvements by City Council Street Trees. 24"-box sized street trees shall be planted in tree wells along Dublin Boulevard and Dougherty Road in a manner consistent with City of Dublin Standard Detail CD-501, except that the tree species shall match the adjacent streetscape and the tree grates shall be cast iron. Street trees shall be irrigated from the private on-site system(s). PW, PL Prior to Acceptance of improvements by City Council. Joint Utility Trenches/Undergrounding/Utility Plans. Applicant/Developer shall construct all joint utility trenches and underground all existing overhead utility services (including electric, telecommunications, cable TV, and gas) in accordance with standards enforced by the appropriate utility agency, excluding those to be relocated or installed as part of the Dublin BoulevarddDougherty Road Improvements by City's Capital Improvement Project (CIP) 96852. All vaults, electric transformers, cable TV boxes, blow-off valves and other utility features shall be placed underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the City Engineer/Public Works Director. Conduit shall be under the public sidewalk within the right of way to allow for street tree planting. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City Engineer/Public PW, PL Prior to lssuance of Occupancy Permit(s) for each phase of development 27 Works Director prior to installation. Utility Undergrounding. The Applicant/Developer shall pay to the City $25,000 as a fair share of the cost of undergrounding the existing overhead utilities on Dublin Boulevard and Dougherty Road. The City of Dublin will complete the undergrounding of the overhead utilities as part of the Dublin Boulevard/Dougherty Road Improvements by City's Capital Improvement Project (CIP) 96852. However, based on the available PG&E Rule 20A funding and the project costs, a funding shortfall of $25,000 has been identified. The Applicant/Developer agrees to the payment of the above amount as their fair share cost of undergrounding the existing overhead utilities along the frontages of the project on Dublin Boulevard and Dougherty Road. PW Within thirty (30) days from receipt of written request from the City for the payment, or at the time of the final building permit within the project, whichever occurs first Temporary Construction 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 to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of- way unless approved in advance by the City Engineer/Public Works Director. PW, P Prior to Issuance of Grading Permit(s) and during grading/constru ction for each phase of development Private Street Signage. Applicant/Developer shall post private street signage in the private drive aisle areas in accordance with the California Vehicle Code. No trespassing signs should be posted as governed by the California Penal Code Section 602. Street name signs shall display the name of the street together with a City standard shamrock logo. Posts shall be galvanized steel pipe, break away posts. As an alternative to the City standard shamrock logo on the street signs, the Applicant/Developer may propose an alternative logo which matches the marketing theme for the project. Any alternative street sign logo shall be subject to final approval by the Community Development Director and Public Works Director. PW, PL Prior to Issuance of Occupancy Permit(s) for each phase of development Construction Hours. Standard construction and grading hours shall be limited to weekdays (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 6:00 p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. PW During grading/constru ction for each phase of development Damage/Repairs. The Applicant/Developer shall be responsible for the repair of any damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project, to the satisfaction of the City Engineer/Public Works Director. PW Acceptance of improvements by City Council Graffiti. The Applicant/Developer and/or building tenant(s) shall keep the site clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever possible. PW, P On-going Occupancy Permit Requirements. Prior to issuance of an Occupancy Permit, the physical condition of the project site shall meet minimum health and safety standards including, but not limited to the following: PW Prior to Issuance of Occupancy Permit(s) for 28 a. The streets and walkways providing access to each building shall be each phase of complete, as determined by the City Engineer/Public Works Director, to development allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access to the buildings shall be energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer/Public Works Director. f. All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. 115. Bicycle Racks. Bicycle racks shall be installed near the entrances to the PW, PL Prior to commercial buildings at a ratio of 1 rack per 40 vehicle parking spaces. Bicycle Issuance of Occupancy racks shall be designed to accommodate a minimum of four bicycles per rack, and Permit(s) for so that each bicycle can be secured to the rack. The location of the bicycle rack each phase of shall not encroach into any adjacent/adjoining sidewalks in a manner that would development reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled by the building occupants. For the townhomes and condominiums, one bicycle storage space shall be provided within each residence or in lockable containers or spaces if not within the individual residence. 116. Environmental Site Assessment. If, during construction of the Project, presently PW Prior to unknown hazardous materials are discovered, the Applicant/Developer shall adhere Issuance of Occupancy to the requirements of Alameda County Department of Environmental Health Permit(s) for (ACDEH), the Fire Marshal, the City, and/or other applicable agency to mitigate each phase of the hazard before continuing, development and during The Applicant/Developer shall comply with the recommendations of the Phase I construction Environmental Assessment with Phase II Groudwater Screening-Former Pak'N Save Building 6633 Dublin Boulevard Dublin, California prepared by Rosewood Environmental Engineering dated November 6, 2002. Said Phase I Assessment requires the following: a. Lamp ballasts shall be sampled for Polychlorinated Biphenyls (PCBs) prior to demolition of existing buildings to determine the proper method of disposal of the ballasts. b. The pre-demolition asbestos survey identified the floor tiles and roof sealant to contain asbestos. Asbestos waste shall be transported to a disposal facility and disposed of properly in accordance with local, state and federal laws and 29 Co regulations including but not limited to the Department of Transportaion, Toxic Substances Control Act, Cal/OSHA and California Highway Patrol. An abatement specification shall be prepared for use by the selected abatement contractor. It shall document the asbestos containing materials (ACMs) identified during the demolition survey, list the regulations that will apply to the abatement work and outline the procedures to be used for abatement. Abatement work must be performed in accordance with local, state and federal laws and regulations including but not limited to California Occupational Safety and Health Administration (Cai/OSHA), National Emission Standard for Hazardous Air Pollutants (NESHAPS) and the Bay Area Quality Management District (BAAQMD). The EPA or their designated local oversight agency, such as BAAQMD, must be notified of abatement of the regulated ACMs at least 10 working days prior to the commencement of the abatement work. Release of Security. When all improvements governed by the Improvement Agreement are complete to the satisfaction of the City Engineer/Public Works Director, the City Engineer/Public Works Director will recommend to the City Council that the improvements be accepted and that the Security be released. Prior to the Council's acceptance, the Applicant/Developer shall furnish the following to the City: a. A Maintenance Bond or other replacement security in an amount equal to 25% of the estimated cost of the work to guarantee against defects for a one- year period. b. As-Built or Record Drawings printed on mylar and signed by the designer of all Improvement Plans and maps associated with the project. c. A recorded copy of the Covenants, Conditions, and Restrictions that govern the project. d. A Declaration or Report by the project Geotechnical Engineer confirming that all geotechnical and grading work associated with the project has been performed in accordance with the Engineer's recommendations. e. Payment of any outstanding City fees or other debts. f. Any other information deemed necessary by the City Engineer/Public Works Director. PW Acceptance of improvements by City Council. Geographic Information System. Once the City Engineer/Public Works Director approves the development project, a digital vectorized file on floppy or CD of the Improvement Plans shall be submitted to the City and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. PW Prior to Acceptance of improvements by City Council Prevailing Wages. 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 At all times during construction of public improvements 30 120. Affordable Housing: The project will include affordable housing residential units PL Prior to equal to 12.5% of total residential units. All affordable housing units shall be Approval of Final Map distributed equally throughout the project in accordance with provisions of the prior to Stage 2 Development Plan for PA#02-062. occupancy of units in affected phase 121.. Affordable Housing Agreement. An Affordable Housing Agreement shall be PL Prior to entered into by the Developer and the City of Dublin as required by Section 8.68 of Approval of Final Map and the Dublin Municipal Code. prior to occupancy of units in affected phase. 122. The Applicant/developer shall submit a master sign program for the commercial PL Prior to and residential components of the project. The sign program shall conform to the Issuance of building permit City of Dublin Sign Ordinance in effect at the time of the application. The master and installation sign program be shall be subject to review and approval of the Director of of signs. Community Development and reviewed by the City's Contract Architect to determine compatibility of design with the buildings. 123. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid ADM On-going waste management and recycling requirements. 124. Refuse Collection. The refuse collection service provider shall provide a letter ADM Occupancy of confirming that adequate space is provided to accommodated collection and first building. Provisions for sorting of petrucible solid waste as well as source-separated recyclable materials collection to be generated by the residents within the project, shown on plans. 125. Parkland Dedication - The developer shall be required to pay a Public Facilities PL Prior to Fee in the amounts and at the times set forth in the City of Dublin Resolution No. Issuance of Building 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the Permit times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. No credit against the dedication requirement shall be given for open space within this project. 126. School Mitigation Agreement. The Developer shall enter into a School PL Prior to Issuance of Mitigation Agreement with the Dublin Unified School District. Building Permits tbr each affected Phase 127. Compliance With Requirements. Applicant/Developer shall comply with all F, PW, PO, Approval of applicable requirements of the Alameda County Fire Department, Public Works Zone 7, Improvement DSR, Pt Plans Department, Dublin Police Service, Alameda County Flood Control District Zone 7, and Dublin San Ramon Services District. 31 128. Cable and lnternet Access: All BMR residential units within the project shall be PL Prior to wired for cable and internet access in the same manner as the market rate units. Issuance of Building All residential units shall be provided with a dedicated homerun Category 5 Permit minimum wiring from the data room to unit, for future use. Telco Room in (townhouse-style units) shall be stubbed out, with a 4-inch conduit, to a distance of 2 feet outside the foundations. PASSED, APPROVED AND ADOPTED this 22nd day of June 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Planning Manager Planning Commission Chairperson g:\pa02-062\TraleeReso VTMSDR 32