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HomeMy WebLinkAboutAttachment 2 Reso ReferrngDecis RESOLUTION NO. 04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN REFERRING DECISION MAKING AUTHORITY TO THE CITY COUNCIL ON SITE DEVELOPMENT REVIEW FOR PA 03-058 DUBLIN TRANSIT CENTER SIT B-1 (D.R. HORTON, INC.), LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND DEMARCUS BOULEVARD (APN 986-0001-001) WHEREAS, D. R. Horton, Inc. has requested approval of Stage 2 Planned Development Zoning, Site Development Review, and a Subdivision Map for condominiums for PA 03-058, Elan at Dublin Station, on approximately ±3.13 acres of land located in Dublin Transit Center, Site B-1, within the Eastern Dublin Specific Plan area, at the southeast comer of Dublin Boulevard and DeMarcus Boulevard (portion of APN 986-0001-011-00) for the development of 257 for-sale condominium and townhouse residential dwelling units of which 26 will be affordable to moderate income households; and, WHEREAS, the Applicant/Developer has submitted a complete application dated July 2, 2004 for Stage 2 Planned Development Zoning, Site Development Review, and Subdivision Map for condominium purposes on file in the Community Development Department, Planning Division; and, WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would raquire preparation of a Supplemental EIR; and WHEREAS, the City of Dublin Zoning Ordinance, Chapter 8.96.020.C.3. allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project; and WHEREAS, the Planning Commission adopted Resolution No. 04-_ recommending City Council approval of the Stage 2 Planned Development zoning for the proposed project; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending referral of said application to the City Council; and, WHEREAS, the Planning Commission proposes to refer to the City Council the approval, conditional approval, or denial of application P A 03-058 and related planning actions; and WHEREAS, the draft City Council Resolution approving the Site B-1 project is attached as Exhibit A; and ATTACHMENT 2 WHEREAS, the Planning Commission did hold a public hearing on said application on November 9, 2004; and, WHEREAS, proper notice of said hearing was given in all respects as required by law; and, WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby refer the original hearing jurisdiction for this project to the City Council pursuant to Chapter 8.96.020.C.3 of the Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 26th day of October 2004. AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chairperson ATTEST: Planning Manager g:\pa#\2003\03-058 transit center b\dr hortonlroberta\dub-elanycreso-deferring-to-cc.doc RESOLUTION NO. 04- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING SITE DEVELOPMENT REVIEW FOR P A 03-058 DUBLIN TRANSIT CENTER SITE B-1, (D. R. HORTON, INe.) LOCATED AT THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND DEMARCUS BOULEVARD (APN 986-0001-011-00) WHEREAS, the Applicant, D.R. Horton, Inc., has requested approval of Site Development Review for P A 03-058, Dublin Transit Center Site B-1, for the construction of a multi-story 257-unit condominium/townhouse project and associated structured parking on approximately ±3.13 net acres of land, located at the southeast comer of Dublin Boulevard and DeMarcus Boulevard on a portion of Site B of the Dublin Transit Center within the Eastern Dublin Specific Plan Area; and WHEREAS, the Applicant has submitted a complete application for Site Development Review for said project which is available and on file in the Planning Division; and WHEREAS, a Master Development Agreement for the Dublin Transit Center project was adopted by Ordinance 5-03 and allows High Density Residential development with a requirement for 10% moderate affordable housing to be provided within Site B of the Dublin Transit Center project in accordance with the terms of the Master Development Agreement and the City's Inclusionary Zoning Ordinance; and WHEREAS, the Master Development Agreement requires that the project be in compliance with the provisions of the City's Inclusionary Zoning Regulations in effect at the time of Site Development Review approval; and WHEREAS, the Applicant is proposing to subdivide said project and offer the 257 residential units for sale as condominiums, of which 26 units will be made available for purchase by moderate income households defined as 80% to 120% of the County's median income adjusted for household size; and WHEREAS, the Applicant has submitted initial project plans for the requested entitlement dated received July 2,2004; and WHEREAS, the California Environmental Quality Act (CEQA), together with State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001 120395) which was certified by City Council Resolution No. 2 I 5-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the decision making authority for Site Development Review applications typically lies with the Planning Commission; and g:\pa#\2003\03-058 transit center b\dr horton\cc reso sdr 12-07-04 dr horton final.doc EXHIBIT A WHEREAS, the City of Dublin Zoning Ordinance, Section 8.96.020.C.I-6 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the Project; and WHEREAS, a Staff Report was submitted to the Planning Commission on October 26, 2004 recommending referral of said application to the City Council; and, WHEREAS, the Planning Commission did hold a public hearing on said application; and, WHEREAS, proper notice of said hearing was given in all respects as required by law; and, WHEREAS, the Planning Commission adopted a Resolution referring the approval, conditional approval, or denial of application PA 03-058, Dublin Transit Center Site B-1 (D.R. Horton, Inc.) Site Development Review, related amendments, and time extensions of permits to the City Council; and WHEREAS, the Planning Commission also recommends approval of said application; and WHEREAS, on December 7, 2004, the City Council adopted the Stage 2 Planned Development Zoning applicable to the proposed Site Development Review; and WHEREAS, a Staff Report was submitted to the City Council on December 7, 2004 recommending approval of said application; and, WHEREAS, the City Council did hold a public hearing on said application; and, WHEREAS, proper notice of said hearing was given in all respects as required by law; and, WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Review: A. The proposed Project, as conditioned: is consistent with the purpose and intent of Chapter 8.104 Site Development Review of the Zoning Ordînance in that it will contribute to orderly, attractive and harmonious site and structural development within the Dublin Transit Center project area; complies with the Stage I Development Plan adopted for Site B of Dublin Transit Center and the Stage 2 Planned Development Zoning regulations, requirements, and performance standards adopted for Site B-1 of Dublin Transit Center; and will promote the general welfare by providing opportunities for affordable housing with the Dublin Transit Center and the City as a whole. B. The proposed Project, as conditioned, will be compatible with the surrounding area and complies with: the policies of the General Plan and the Eastern Dublin Specific Plan, the zoning requirements of the Stage I Development Plan for the Dublin Transit Center in which the project is located; the Stage 2 Planned Development Zoning regulations, requirements, and performance standards adopted for Site B-1 of Dublin Transit Center; and with all other requirements of the Zoning Ordinance. C. The proposed Project, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare, as there will not be any significant environmental impacts associated with the project, and it has been conditioned to comply with all mitigation measures adopted with the Dublin Transit Center EIR. 2 D. The proposed Project, as conditioned, will not be injurious to property or improvements in the neighborhood and will comply with all requirements of the Building Division, Fire Department, Public Works Department, and Dublin San Ramon Services District. E. The site development for the proposed Project has been designed to provide a desirable environment for the Project and surrounding areas with regard to its site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety, and similar elements. F. The subject site is physically suitable for the type, density, and intensity of the proposed Project and related structures. G. The proposed Project may impact some views of properties immediately adjacent to the Project site which have been or will be developed at a lower building height. However, the proposed Project is consistent with the Stage 1 Development Plan which allows for a high-density residential community near mass transit to further the City's goals of greater public transportation use and less dependency on the automobile. Furthermore, the Project building exterior has been designed to provide visual interest, offset the perception of building mass, and complement the surrounding development. H. There are no impacts to slopes or topographic features as the site is generally flat. I. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the proposed Project and as conditions of approval in order to ensure compatibility of this development with the development's design concept and the character of the type of residential uses planned for the area. J. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been incorporated to ensure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED that the City Council does hereby approve said application, PA 03-058, Dublin Transit Center Site B-1 (D.R. Horton, Inc) Site Development Review for the construction of a multi-story 257-unit condominium/townhouse project and associated structured parking located at the southeast comer of Dublin Boulevard and DeMarcus Boulevard, as generally depicted in the written statement and project plans prepared by Togowa & Smith, Inc., labeled Exhibit A and attached hereto, dated received August 23, 2004, stamped approved, and on file with the Community Development Department, subject to the following conditions: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B) Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F) Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [LDD] Livermore Dublin Disposal, [CO] Alameda County Department of Environmental Health, [Zone 7] Alameda County Flood Control and Water Conservation District Zone 7, [LAVTA] Livermore Amador Valley Transit Authority, [CHS] California Department of Health Services. 3 1. Approval. This Site Development Review approval for Dublin PL Transit Center Site B-1 (D. R. Horton, Inc.), PA 03-058, establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review shall conform generally the project plans submitted by Togawa & Smith, Inc., dated received July 2, 2004, on file in the Community Development Department, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2. Effective Date. This Site Development Review approval is PL contingent upon the approval of the related Stage 2 Planned Development zoning. If the Stage 2 Planned Development zoning is not approved this Site Development Review approval shall become null and void. 3. Permit Expiration. Construction or use shall commence PL within one (1) year of Permit approval or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the Permit approval or, demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expIres, a new application must be made and processed according to the re uirements of this Ordinance. 4. Time Extension. The original approving decision-maker may, PL upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the articular Permit. 5. Permit Validity. This Site Development Review approval PL shall be valid for the remaining life of the approved structure so long as the operators of the subject property comply with the ro' ect' s conditions of a roval. 6. Revocation of permit. The Site Development Review PL approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be sub'ect to citation. 7. Requirements and Standard Conditions. The Applicant/ Various Develo er shall com I with a licable Ci of Dublin Fire 4 On-going Approval of related entitlements One year from permit approval One year from permit approval On-going On-going Building Permit Planning DMC 8.32.030.B DMC 8.96.020.D DMC 8.96.020.E DMC 8.96.020.F DMC 8.96.020.1 Standard Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to Issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 8. Required Permits. Developer shall obtain all permits PW required by other agencIes including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works De artment. 9. Fees. Applicant/Developer shall pay all applicable fees in Various effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Traffic Impact Fees, TVTC fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and a licable. 10. Indemnification. The Developer shall defend, indemnify, and ADM hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or roceedin s. 11. Clean-up. The Applicant/Developer shall be responsible for PL clean-up and disposal of project related trash to maintain a safe, clean, and litter-free site. 12. Modifications. Modifications or changes to this Site PL Develo ment Review a roval ma be considered b the 5 Issuance Building Permit Issuance Building Permit Issuance On-going On-going Standard Various Administrati on/City Attorney Planning DMC 8.1 04.1 00 Community Development Director if the modifications or changes proposed comply with Section 8.104.100 of the Zonin Ordinance. 13. Controlling Activities. The Applicant/Developer shall control PL all activities on the project site so as not to create a nuisance to the existin or surround in businesses and residences. 14. Accessory/Temporary Structures. The use of any accessory PL or temporary structures, such as storage sheds or trailer/ container units used for storage or for any other purposes, shall be subject to revIew and approval by the Community Develo ment Director. 15. Affordable Housing Agreement. The Applicant shall enter ADM, PL into an affordable housing agreement (or a regulatory agreement or such other legal mechanism including but not limited to CC&R's, satisfactory to the City Attorney) with the City to ensure that the affordable units required by Condition 18 remain affordable for 55 years and that other provisions of Chapter 8.68 of the Dublin Municipal Code (the Inclusionary Zoning Regulations) are satisfied, including provisions relating to priorities in the rental or sale of affordable units as set forth in Section 8.68.050 of the Dublin Municipal Code. Such agreement (or other legal mechanism including, but not limited to, CC&R's) shall be recorded to ensure it has priority over and is not subordinate to any other recorded document affecting the roe 16. Jnclusionary Zoning Regulations. The Applicant shall ADM, PL comply with all provIsIons of Chapter 8.68, Inclusionary Zoning Regulations of the Dublin Zoning Ordinance except as modified by these conditions of approval and/or an adopted Oevelo ment A reement. 17. IncIusionary Zoning Requirements. The Applicant/ PL Developer shall provide a minimum of 26 moderate income units. Unit affordability shall be between 80% and 120% of the area median income. Affordable unit types (i.e. 1 bedroom, 2 bedroom, 3 bedroom, etc) shall be equally dispersed with the same ratio as market rate units III accordance with the Inclusionary Zoning Regulations. Any changes to the affordable units must first be reviewed and approved by the Director of Communi Develo ment. 18. Mitigation Monitoring Program. The Applicant/Developer PL shall comply with the Dublin Transit Center EIR Mitigation Monitoring Program including all mitigation measures, action programs, and implementation measures on file with the Community Development Department. 19. Sound Attenuation. The Applicant/Developer shall submit a PL site s ecific acoustic re ort to be re ared b ualified 6 On-going On-going DMC 8.108 Issuance of any Project building permits On going Through Completion and On going On-going Prior to Issuance of DMC 8.68 DMC 8.68 Ord. 05-03 (Master D A) and DMC 8.68 Dublin Transit Center EIR Mitigation Monitoring Pro ram Dublin Transit acoustical consultants. The acoustic report shall include detailed identification of noise exposure levels on the individual project site and a listing of specific measures to reduce both interior and exterior noise levels to normally acceptable levels including but not limited to glazing and ventilation systems, construction of noise barriers and use of buildin s to shield noise. 20. Equipment Screening. All electrical and/or mechanical equipment shall be screened from public view. Any roof- mounted equipment shall be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Communi Develo ment Director. 21. Master Sign Program. A Master Sign Program shall be applied for and approved for all project related signage including, but not limited to, community identification signage, address signage, directional signage, parking signage, speed limit si a e, and other si na e deemed necessa b the Ci . 22. Colors. The exterior paint colors of the buildings are subject to City review and approval. The Applicant shall paint a portion of the building the proposed color(s) for review and approval by the Director of Community Development prior to aintin the entire structure. 23. The Applicant shall comply with ANSIITIA.EIA-570-A Standard relating to telecommunications and the installation of data outlets for high-speed internet access within individual residential units. 24. Final Landscape and Irrigation Plans: Final Landscape and Irrigation Plans prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the City Engineer and the Community Development Director. Plans shall be generally consistent with the Dublin Transit Center Planned Development Plan and the preliminary landscape plan prepared by The Guzzardo Partnership Inc., dated 16 August 2004, except as modified by the Conditions listed below and as re uired b the Communit Develo ment Director. 25. Plant Species. Plant species shall be selected according to use, sun/shade location and space available. The landscape plan should include plant species that are not salt sensitive. Street trees shall be hi h branchin and roduce minimal litter. 26. Slopes. The landscape plan shall address slopes within the property, including erosion, maintenance, and irrigation issues. All slopes shall have a one-foot level area at top and bottom of the slo e for maintenance. 27. Landscaping at Street/Drive Aisle Intersections. Landscaping shall not obstruct the sight distance of motorists, edestrians, or bic clists. Exce t for trees, landsca in (and/or 7 PL PL PL B,PL Building Permits Through Completion/ On-going Occupancy Occupancy Prior to Issuance of Building Permit Center EIR Mitigation Monitoring Program Planning Building! Planning PL DMC 8.72.030 PL PL PL Prior to Issuance of Building Permits Planning Planning Planning landscape structures such as walls) at drive aisle intersections shall not be taller than 30 inches above the curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 28. Landscape Screening of Trash Staging Area. Landscaping shall screen permanent Trash staging area with walls or combination of walls and landscaping to achieve an immediate 4 foot tall screen from the finish grade of the staging area as viewed from the ad'acent sidewalk. 29. Lighting. The Applicant/Developer shall prepare a lighting isochart to the satisfaction of the City Engineer, Director of Community Development, the City's Consulting Landscape Architect and Dublin Police Services. Exterior lighting shall be provided within the parking area between the main building and the townhouse units, and shall be of a design and placement so as not to cause glare onto adjoining properties, businesses or vehicular traffic. Lighting used after daylight hours shall be ade uate to rovide for securit needs. 30. Street Lights and Trees. Maintain approximately IS' clearance between streetlights and street trees. Where such clearance is not practical for design considerations, trees shall be increased to 36" box minimum to reduce the conflict between the Ii htin and folia e. 31. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Department the Standard Plant Material, Irri ation and Maintenance A reement. 32. Landscape Borders. All landscaped areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. Curbs adjacent to parking spaces must be 12 inches wide. All landscaped areas shall be a minimum of 6 feet in width (curb to curb). 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. Concrete mow strips at least 6 inches deep and 4 inches wide shall be required to separate turf areas from shrub areas. Landscape islands adjacent to parking spaces shall have a 5-foot radius or be two feet shorter than the parking spaces. Deviations from these standards are subject to review by the Director of Communit Develo ment and the Cit En ineer. 33. Landscaping. Applicant/Developer shall construct all landscaping within the site and along the project frontage. The on site landscaping shall be to the satisfaction of the Director of Community Development. The frontage landscaping, from the face of curb to the right-of-way, shall be to the design in the Dublin Transit Center Specific Plan. Street trees within the fronta e shall be a minimum 24" box, their exact tree locations 8 PL PL,PW, PO PL PL PL PL Prior to Issuance of Building Permits Prior to Issuance of Building Permits Building Permit Issuance Planning Planning Planning DMC 8.72.050.B Planning Planning and varieties shall a roved b the Ci En ineer. 34. Plant Standards. All trees shall be 24" box minimum, with at least 30% at 36" box or greater; all shrubs shall be 5 gallon minImum. 35. 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 and Maintenance Agreement" by the Developer after City- approved installation. 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 Communit Develo ment Director. 36. 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 Cit 's Water Efficient Landsca in Ordinance. PL PL PL Occupancy On-going Building Permit Issuance Planning City of Dublin Standards Plant Material, Irrigation System and Main-tenance Agreement DMC 8.88 37. Green Building Guidelines. To the extent practical the Applicant shall incorporate Green Building Measures. Green Building plan shall be submitted to the Building Official for revIew. 38. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective material desi ned for Cool Roofs. 39. Elevator Access. Doors leading to the elevator lobby in garage parking structure shall remain unlocked 24 hours a day or provide card key to all entry doors to elevator lobby with a call box at main ent door at the lobb . 40. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building including nailing, hold-downs, straps, sheer, roof diaphragm and structural frame of the building. A written report shall be submitted to the City Ins ector rior to schedulin the final form ins ection. 41. Addressing. a) Provide a plan for display of addresses. The Building Official and Director of Community Development shall approve plan prior to issuance of the first building permit. b) Town home/Condominium's are required to have address ranges posted on the street side of the buildings. 9 B Through Completion B Through Completion B Through Occupancy B Through Completion B a) Prior to permitting b) Occupancy of any Unit Building Building Building Building Building c) Address signage shall be provided as per the Dublin Residential Security Code. d) Exterior address numbers shall be backlit and posted in such a way that they may be seen from the street. e) An approved apartment unit numbering plan shall be incorporated into the construction drawings. t) Signage for each dwelling unit and hallway signage shall be approved <;is part of the Master Sign Program. 42. Electronic File. The Applicant/Developer shall submit all building drawings and specifications for this project in an electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted rior to the issuance of the final occu anc . 43. Construction Trailer. Due to size and nature of the development, the Applicant/Developer in conjunction with the Applicant/Developer of the adjacent project on Site B-2, shall provide a construction trailer with all hook ups for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the Applicant/Developer shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The Applicant/Developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the A licant/Develo er's ex ense. 44. Alternate Methods Special Inspections. As determined by the Building Official, additional inspections beyond those normally required by a building of this type may be required to evaluate and determine appropriateness of Alternate Methods proposed by the Applicant/Developer and approved by the City. These inspections shall be subject to reimbursement for the actual costs incurred plus the City's normal administrative fee. 45. Loft Areas. All loft or mezzanine areas shall meet all the requirements for bedrooms, (i.e. smoke alarms, light and ventilation, window e ress, electrical, etc.) 46. Height of Building. Developer/Contractor shall certify the hei ht of the buildin s rior to first frame ins ection in a 10 c) Occupancy of any unit d) Prior to permit issuance and through completion e) Prior to permit Issuance t) Prior to Occu anc B B B B B Building Building Building Building Building 48. Building Codes and Ordinances. All project construction B shall conform to all building codes and ordinances in effect at the time of build in ermit. 49. Retaining Walls. All retaining walls over 30 inches in height B 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 inspection from the Buildin Division. 50. Phased Occupancy Plan. If occupancy is requested to occur B 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 Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels III each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area IS finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landsca in and associated im rovement. 51. Building Permits. To apply for building permits, Applicant/ B 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 annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of buildin ermits. 52. Copies of Approved Plans. Applicant shall provide City with B 4 reduced (1/2 size) co ies of the a roved lans. 53. Air Conditionin Units. Air condition in units and B, PL 11 Through Completion Through Completion Prior to Occupancy of any affected building Issuance of Building Permits 30 days after first ermit Occu ancy Building Building Building Building Building Building ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non-moveable materials to be approved by the Building Official and Director of Communit Develo ment. 54. Temporary Fencing. Temporary Construction fencing shall be installed alon the erimeter of all work under construction. 55. Foundation. A Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Buildin Division on the a roval. of unit B Through completion Permit Issuance Building Building 56. The podium shall be accessible with a 20-foot long by 22-inch wide ladder (for firefi htin ur oses). 57. Provide area separation walls as required by the Alternate Means Application to meet the allowable area for the building. 58. Elevators shall be separated from the corridors by smoke rated assemblies. 59. Provide escape or rescue window for every sleeping room below the fourth story in accordance with the UBC section 310.4. 60. The project shall be in compliance with Building and Fire Codes unless specifically addressed by an alternate materials or methods a lication 61. Utility Plans. a) Fire hydrants shall be located so they are within 50 to 100 feet of a backflow preventorlFDC. b) The alternate material application proposes two sprinkler feeds for the podium building. Provide the two feeds for the odium buildin . 62. Architectural Plans. a) The allowable area calculations for the buildings shall be corrected. Show the maximum size of the residential buildings as 21,000 sq ft with 2 hour area separation walls per the alternate materials application. b) The building area shall be corrected on Sheet II. c) Label all the exit components on the plans- corridor, exit enclosure, exterior exit balcony, etc. on the plans. d) Show the assumed property lines between the buildings. e) Show the rating of the stairway enclosures. f) Show the occupancy separations in the buildings. g) Standpipes and fire extinguishers are required in the buildin s. 12 B F On-going F Prior to issuance of building ermits Prior to issuance of building ermits Prior to issuance of building ermits Through completion and On- oin Prior to issuance of building permits F F F F F Prior to issuance of building permits Fire Fire Fire Fire Fire Fire Fire h) Provide exit signs as required by the CBC. i) A fire alarm system is required in accordance with the CBC and the alternate materials application. k) The sprinkler and fire alarm systems shall be monitored b a UL listed central station 63. Alternate Materials Application. The project shall comply with the alternate material application with the following conditions: a) A formal detailed phasing plan and fire safety during construction plan are required pnor to start of construction. b) Provide emergency lighting III the corridors and stairways. c) Provide a system to provide enhanced radio communication in the garage. d) The exceptions allowing omISSion of sprinklers III combustible concealed spaces will be reviewed on a case by case basis. e) Reductions of sprinkler operating areas based on quick response sprinklers will not be allowed. f) If a fire pump is needed on the project, two fire pumps shall be rovided for reliabili F Prior to issuance of building permits Fire 64. Emergency Vehicle Access. In accordance with the City of Dublin Fire requirements, the Applicant/Developer shall provide emergency vehicle access routes into the project in general conformance with the site plan. Applicant/Developer shall demonstrate how emergency access requirements shall be achieved on the improvement plans to the satisfaction of the City Engineer and Fire Marshal. All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to combustible vertical construction or combustible stora e on site. 65. Automatic Sprinklers - Automatic sprinklers shall be provided throughout the building as required by the Dublin Fire Code and amended by the Alternate Materials Application. The system shall be monitored by UL listed central station. 66. City of Dublin Rules Regulations and Standards. Applicant/Developer shall comply with all City of Dublin Fire rules, regulations, and standards, including minimum standards for emergency access roads and payment of applicable fees includin Cit of Dublin Fire facili fees. 67. Fire hydrants. The Applicant/Developer shall construct all new fire hydrants in accordance with the City of Dublin Fire Code. Final locations of fire hydrants shall be approved by the City of Dublin Fire Marshal III accordance with current standards. The minimum fire flow desi n shall be 1500 allon 13 F F F F Prior to the start of combustible construction or storage on site Prior to Occupancy of any affected buildin On-going Combustible construction or combustible storage on Fire Fire Fire Fire 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 re uired based on buildin construction and size. 68. Addressing. Approved numbers or addresses shall be placed on all new and existing buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their back round. 69. Fire Extinguishers. Provide 2A 1 OBC fire extinguishers within 75 ft travel distance of portions of the buildings. An approved sIgn III accordance with Uniform Fire Code shall be cons icuousl osted above the extin uisher. 70. Fire Conditions. Applicant/Developer shall comply with all City of Dublin Fire conditions including: a) Final locations of fire hydrants shall be approved by the Fire Marshal 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. b) Sufficient fire flow is required based on building construction and size. Provide information on what the fire flow that is available at the site. This information is available from the Dublin San Ramon Services District c) Fire apparatus roadways shall have a mmlmum 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). 71. Knox Key Boxes. Provide Knox key boxes at the main entrance to the buildings at the exterior doors to stair that extend to the 4th floor and at any gates. The Knox box shall contain a key that provides access to the building or gate. Gates or barriers shall meet the requirements of the City of Dublin Fire Code. F F F F site Occupancy of any affected building Occupancy of any affected building Prior to the start of combustible construction or storage on site Occupancy of any affected building Fire Fire Fire Fire 72. The Applicant shall comply with all applicable City of Dublin Residential Security Ordinance requirements. 73. Addressing and unit numbers shall be visible from the 14 PO PO Prior to Permit Issuance Prior to Police Police approaches to the building. 74. Address range markers shall be placed at exits from elevators. 75. Access to the common areas and elevators on the podium level shall be restricted. Gates and slgnage may be used to accom lish this. 76. Parking Structure. · The parking structure shall be secure and controlled by electronically controlled gates and security screens over ventilation spaces to prohibit access by unauthorized person. · Emergency vehicle access shall be provided to this area as specified in Dublin Municipal Code Section 7.32.220. · Parking areas or structures controlled by unmanned mechanical parking type gates shall provide for police emergency access as follows: An approved Knoxbox or Knox type key switch is to be mounted on a control pedestal consisting of a metal post/pipe shall be installed at a height of 42 inches and a minimum of 15 feet (4.6m) from the entry/exit gate. It shall be located on the driver's side of the road or driveway and accessible in such a manner as to not require a person to exit their vehicle to reach it, nor to require any back-up movements in order to enter/exit the gate. · Grill work covering openings from the parking area will be designed to prohibit their use as ladders or access points to podium level windows and doors. · The interior portion of the parking structure shall be illuminated with a uniformly maintained minimum level of one-foot candles of light between ground level and 6 vertical feet. The same level of light shall apply to the open parking area adjacent to the parking structure. · The walls of the parking levels shall be painted white to reflect the available light. · Blind corners in parking structure shall be provided with shatterproof convex mirrors to improve visibility for both operators of vehicles and pedestrians. · Post vehicle speed limit in side the parking structure at 5 M. P. H. to limit accidents and protect pedestrians. · Post all entrances to the parking structure as "private ro ert ." er Ca. PC Sec. 602L. 77. to the parking areas shall be posted with er Section 226589(a) of the California 15 PO Occupancy, On- oin Prior to Occupancy, On- oin Prior to Occupancy, On- oin Prior to Occupancy, On-going Police Police PO Police PO PO Prior to Occu anc Police Vehicle Code, to assist in removing vehicles at the property owner's/mana er's re uest. 78. Doors opening out from the building to the street shall have non-removable hinges. 79. Balcony/patio areas on the mezzanine level shall be designed to prohibit access beyond those areas. 80. There shall be delineation between private and public areas around the perimeter of the residential area. This can be accomplished with fixed or perceived barriers such as fences or landsca in . 81. Primary living areas and windows of individual units should be focused for observation of common areas, adjacent units, recreational areas, and child play areas to provide for self- olicin and a sense of communit . 82. Elevators shall be designed to meet City of Dublin Residential Security Ordinance Requirements. 83. Stairways shall have shatter-resistant mirrors or other equally effective material at each level and landing and be designed or placed in such manner as to provide visibility around corners. 84. Outside stairwells shall be 0 en and not obstructed from view. 85. Areas beneath stairways at or below ground level shall be fully enclosed or access to them restricted 86. Pedestrian paths will be shown with appropriate crosswalks areas depicted. 87. Lighting. · Exterior lighting is required over all doors. · The Applicant shall submit a final lighting plan for approval by the Dublin Police. · The lighting plan shall include point-by-point photometric measurements for the parking structure, connecting paths, outdoor parking area, and residential areas. · The interior portion of the parking structure shall be illuminated with a uniformly maintained m¡mmum level of one-foot candles of light between ground level and 6 vertical feet. The same level of light shall apply to the open parking area adjacent to the parking structure. · Li htin fixtures shall be of vandal resistant t e. 88. Landscaping features and outdoor amenities shall be designed to reduce their attractiveness to skateboarders and vandals. 16 PO PO PO PO PO PO PO PO PO PO PO On-going Prior to Occupancy, On- oin Prior to Occupancy, On- oin Prior to Occupancy, On-going Prior to Occupancy, On-going Prior to Permit Issuance, On- om Prior to Permit Issuance, On- om On- oin On-going Prior to Permit Issuance, On- om Prior to Permit Issuance, On- gomg Prior to Permit Police Police Police Police Police Police Police Police Police 89. The Development and/or Property Owner shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant material should be used. The Applicant shall work with Dublin Police on an on-going basis to establish an effective theft prevention and security ro ram. The perimeter of the site shall be fenced during construction and security lighting and patrols shall be employed as necessa Building Emergency Access. Multi-tenant buildings utilizing electronic access control systems on the main entry doors shall provide police emergency access utilizing an approved key switch device or approved Knoxbox which shall be installed as follows: . All doors using an electromagnetic type of lock shall install a key switch device within the building's exterior telephone/intercom console or in a control housing consisting of a heavy gauge metal, vandal and weather resistant square or rectangular housing which shall be installed on the top of the control pedestal and accessible to the driver of a vehicle. An approved Knoxbox or Knox type key switch is to be mounted on the side facing the roadway located within close roximit and in a visible area near the door. There shall be positioned at each street entrance an illuminated diagrammatic representation (map) of the complex that shows the location of the viewer and the unit designations within the com lex. The developer is to insure radio frequency transmit and receive ca abilities for Police/Fire/Ambulance. Storage areas in the parking levels shall have separation walls between individual areas. The doors to these areas shall meet the same security standards as entry doors. Hinges shall have non-removable ms. 90. 91. 92. 93. 94. 95. PO PO PO PO PO PO PO Issuance, On- om Prior to Occupancy, On- oin On-going Through completion Prior to Occupancy, On-going Prior to Occupancy, On-going On-going Prior to Occupancy, On-going Police Police Police Police Police Police 96. Public Facilities Fee. The developer shall pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No.2 I 4-02, adopted by the City Council on November 19, 2002, 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 ado ted b Resolution 195-99. PCS Per Reso. 214-02 or subsequent Reso. Parks & Community Services 97. Parcel Map 7525. Parcel Map 7525 must be approved and ready for recording pnor to the construction of any im rovements. 17 PW Improve- ment Plans Public Works 98. Street Lighting Maintenance Assessment District. All publicly maintained streetlights shall be annexed into a Street Light Maintenance Assessment District as required by the Master Development Agreement with the Surplus Property Authority of Alameda County for the Dublin Transit Center (Ordinance No. 5-03). The property owners shall maintain all decorative streetlights. The Developer shall provide all necessary documentation required by the City to complete the annexation process. The Developer shall comply with any City requirements necessary to conform to Proposition 218 regulations. The Developer waives any right to protest the inclusion of the properties or any portion of the properties in a Landscape and Lighting Assessment District, and further waives any right to protest the annual assessment for that District. 99. Streetscape Design Standards. The streetscape design for DeMarcus Boulevard shall be III accordance with the Streetscape Master Plan adopted as Ordinance No. 21-02 for the Dublin Transit Center Pro'ect, PA 00-013. 100. Guest Parking. The Developer shall operate the garage in a manner that allows guests to obtain access to a minimum 31 unaSSl ed arkin s aces in the ara e. 101. On Street Parking Restrictions. Developer shall designate no parking areas along Dublin Boulevard and designate all other streets for short-term parking (2 and 4 hour) as directed by the City Engineer. Parking time limits should not apply between 6 PM and 7 AM. 102. Loading Areas. The Developer shall make provisions for providing loading areas on DeMarcus Boulevard and the private driveways frontages. These provisions may be the use of the street parking spaces limited to specific hours or based on scheduled re uests. 103. Driveways. Sidewalks shall be designed to maintain a 2% cross slope across all driveways including those on Dublin Boulevard, DeMarcus Boulevard and the Village Green, to the satisfaction of the Cit En ineer. 104. Frontage Grading: The 2% cross slope shall be maintained for a minimum distance of one foot behind the frontage sidewalks where there is landscaping, stairs, or pathway along the back of the sidewalk. 105. Landscape Assessment District: The irrigation system for the Landscape Assessment District area (curb to walkway) along Dublin Boulevard shall be separate from the private onsite landsca in . 106. Village green and North-South Driveway: The Village Green and the North-South Driveway roadway and landscape improvements shall be completed to the satisfaction of the City En ineer and Communi Develo ment Director rior to the 18 PW PW PW PW PW PW PW PW PW Acceptance Public Works of Public Improve- ments Improvement Public Works Plans Building Public Works Permit Improvement Public Works Plans Improvement Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plan 107. The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. 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 followin ). 108. Any water well, cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained In accordance with applicable groundwater protection ordinances. For additional information contact Alameda Count Flood Control, Zone 7. 109. Developer shall obtain a Grading/Sitework Permit from the Public Works Department for all private grading and site im rovements. 110. The Developer shall provide security to guarantee grading and drainage, in an amount approved by the City Engineer, prior to execution ofthe Gradin Sitework Permit. 111. Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. At the discretion of the City Engineer an encroachment for work specifically included in an 1m rovement A reement ma not be re uired. 112. All submittals of plans and Final Maps shall comply with the requirements of the "City of Dublin Public Works Department Improvement Plan Submittal Requirements", and the "City of Dublin 1m rovement Plan Review Check List." 113. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sIgn the 1m rovement Plans. 114. Developer shall submit a Geotechnical Report, which includes street avement sections and radin recommendations. 115. Street names shall be assigned to each public/private street pursuant to Municipal Code Chapter 7.08. The Developer shall propose a list of preferred and alternate street names for review and approval by the City and all interested outside agencies. Street names must not match or be closely similar to existing street names within Alameda County. The approved street names shall be indicated on the Final Ma . 116. The Developer shall grant to the City of Dublin easements for PW PW PW PW PW PW PW PW PW PW 19 Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans 1m rovement Public Works traffic signal detectors, boxes conduit, etc. at all private streets and drivewa s entrances that will be si nalized. 117. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right of ways that will no Ion er be used. 118. The Developer shall acquire easements, and/or obtain rights-of- entry from the adjacent property owners for any improvements on their property. The easements and/or rights-of-entry shall be in writ in and co ies furnished to the Ci En ineer. 119. All public sidewalks must be within City right-of-way or in a pedestrian access easement unless approved by the City En ineer. 120. The Grading Plan shall be III conformance with the recommendations of the Geotechnical Report, the approved Tentative Map and/or Site Development Review, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and City ordinances, the City En ineer shaIl determine which shall a I. 121. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include detailed design, location, and maintenance criteria of all erosIOn and sedimentation control measures. 122. The public and private improvements shall be constructed generally as shown on the Tentative Map and/or Site Development Review. However, the approval of the Tentative Map and/or Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street im rovements. 123. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the Cit En ineer. 124. The Developer shall install all traffic signs and pavement markin as re uired b the Ci En ineer. 125. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project III accordance with DSRSD master plans, standards, s ecifications and re uirements. 126. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum volta e dro for streetli hts is 5%. 127. All new traffic signals shaIl be interconnected with other new signals within the development and to the existing City traffic si nal s stem b hard wire. 128. Any decorative pavement installed within City right-of-way requires approval of the City Engineer. Where decorative paving is installed in public streets, pre-formed traffic signal loops and sleeves to accommodate future utilities shall put under the decorative avement. Maintenance costs of the 20 PW PW PW PW PW PW PW PW PW PW PW PW Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans decorative paving shall be included in a landscape and lighting maintenance assessment district or other funding mechanism acce table to the Ci En ineer. 129. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility a encles. 130. All electrical, gas, telephone, and Cable TV utilities, shall be underground III accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. 131. All utility vaults, boxes and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Communit Develo ment Director rior to construction. 132. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosIOn and sediment control measures for one year following the City's acceptance of the subdivision im rovements. 133. 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 (SOP A) has had an opportunity to evaluate the significance of the find and suggest a ro riate miti ation measures. 134. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City En ineer. 135. Developer shall prepare a construction noise management plan that identifies measures to be taken to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific nOIse management measures shall be included in the project plans and s ecifications. 136. 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 Cit En ineer. 21 PW PW PW PW PW PW PW PW Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans 137. The Developer shall be responsible for controlling any rodent, PW mos uito, or other est roblem due to construction activities. 138. The Developer shall be responsible for watering or other dust- PW palliative measures to control dust as conditions warrant or as directed b the Ci En ineer. 139. Prior to any clearing or grading, the Developer shall provide PW the City evidence that a Notice ofIntent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works De artment and be ke t at the construction site. 140. The Storm Water Pollution Prevention Program (SWPPP) for PW the operation and maintenance of the project shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. 141. The Developer is responsible for ensuring that all contractors PW implement all storm water pollution prevention measures in the SWPPP. 142. Developer shall enter into an agreement with the City of PW Dublin that guarantees the 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 issuance 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 o erated and maintained. 143. Developer shall provide the Public Works Department a digital PL, PW vectorized file of the "master" files for the project when the Final Map has been approved. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone Ill, and U.S. foot. Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Improvement Public Works Plans Issuance of Public Works NPDES permit Occupancy Various Off site easements for connection to District water and sewer facilities may be required. The applicant shall be responsible for ac uirin all necessar off site easements and constructin 22 necessary off site water and sewer mains in conformance with all District re uirements. 146. The project is located within the District Recycled Water Use Zone (Ord. 280), which calls for installation of recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available; as described in the DSRSD Water Master Plan Update, September 2000. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in compliance with District's "Recycled Water Use Guidelines" and Dept. of Health Services re uirements for rec cled water irri ation desi n. 147. Easements for pipes up to fifteen (IS) inches in diameter shall be a minimum of fifteen (15) feet wide, or as determined necessary by the District Engineer. However, additional easement width shall be required where the depths of bury exceed fifteen (15) feet, pipes exceed fifteen (IS) inches in diameter, or as deemed necessary by the District Engineer. The Improvement Plans should clearly indicate any known buildings, block walls, streetlights, trees, or other obstructions within a proposed easement. Such items are contrary to District policy and require special approval from the District En ineer. DSR DSR DSRSD DSRSD 148. Covenants, Conditions & Restrictions: A Homeowners Association shall be formed by recordation of a declaration of Covenants, Conditions & Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is adequate provisions for the maintenance, in good repair and on a regular basis, of the landscaping, irrigation, fences, gates, walls, drainage, lighting, sign, building exteriors, parking areas, and other improvements. The Applicant/Developer shall submit a copy of the CC&R documents to the City for review and a roval ursuant this condition. PL, ADM PW PASSED, APPROVED AND ADOPTED this 7th day of December 2004. AYES: NOES: ABSENT: ABSTAIN: 23 prior to Recordation of Subdivision Map ATTEST: City Clerk Mayor 24