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HomeMy WebLinkAboutItem 6.1 (Attachments 4&5) RESOLUTION NO. -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************ CERTIFYING THAT THE CITY COUNCIL REVIEWED AND CONSIDERED THE FINAL ENVIRONMENTAL IMPACT REPORTIENVIRONMENTAL IMPACT STATEMENT (EIR/EIS) FOR THE JUVENILE JUSTICE FACILITY AND EAST COUNTY HALL OF JUSTICE DATED APRIL 2003 P A 02-030 WHEREAS, Jim Kachick, on behalf of the Alameda County General Services Agency, has requested approval of a Site Development Review application to construct a 208,408 square foot building comprised of courtrooms, offices, and associated facilities on 21.77 acres located on the north side of Gleason Drive between Madigan and Arnold Drives; and WHEREAS, the Applicant has submitted a complete application and project plans for Site Development Review PA 02-030 dated received June 1, 2004, submitted by Sandis-Humber-Jones (16 Sheets), PGA Design, Inc. (5 sheets), and Muller and Caulfield (7 Sheets), stamped approved, and on file in the Planning Department (hereinafter referred to as the "Project Plans"). Included in these plans is the color and material board dated April 19, 2004, and other plans, text, and diagrams relating to this Site Development Review, and WHEREAS, The County of Alameda prepared a joint Environmental Impact Report and Environmental Impact Statement (EIRJEIS), dated April 2003, to determine the potential environmental impacts occurring as a result of the East County Hall of Justice project. The Final EIRJEIS concluded that the preferred alternative for the location of the East County Hall of Justice was in Dublin at the subject site. The EIRJEIS identified mitigation measures to address the environmental impacts identified and the Final EIRJEIS and accompanying mitigation measures were adopted the Alameda County Board of Supervisors on May 6, 2003; and WHEREAS, Alameda County is the lead agency for this project, and the City is a responsible agency under CEQA. As a responsible agency, the City's role is very limited. Rather than certify Lead Agency's document as adequate, the decision-making body of a responsible agency is required only to certify that it reviewed and considered the information contained in the EIR/EIS prepared by the Lead Agency according to CEQA Guidelines, § 15050, subd. (b).); and WHEREAS, the City of Dublin did review and consider the information contained in the EIRJEIS in relation to the project as proposed; and WHEREAS, Staff has concluded that the proposed Site Development Review application falls within the analysis completed as part of the EIRJEIS and that no additional impacts have been identified; and WHEREAS, Pursuant to Sections 15162 and 15164 of the California Environmental Quality Act (CEQA) Guidelines, no subsequent EIRJEIS shall be prepared for this project, as no substantial changes have been proposed to the project which require revisions of the previous EIRJEIS. No new significant ATTACHMENT 4 II-'lI-fJ'-I "·1 environmental impacts have been identified and no substantial increase in the severity of previously identified impacts have been discovered; and WHEREAS, the Planning Commission held a public hearing on the project on November 9,2004 and adopted a resolution recommending that the City Council certify that it reviewed and considered the Final Environmental Impact ReportÆnvironmental Impact Statement (EIRJEIS) for the Alameda County Juvenile Justice Facility and East County Hall of Justice dated April 2003 for a 208,408 square foot building comprised of courtrooms, offices, and associated facilities located on the north side of Gleason Drive between Madigan and Arnold Drives; and NOW, THEREFORE, BE IT RESOLVED THAT the City Council has reviewed and considered the EIR/EIS, and finds that the document reflects the independent judgment of the City Council and the City as a responsible agency in the CEQA process. The City Council does hereby find that no new environmental impacts could occur as a result of the revised project proposal and therefore no new environmental documents have been prepared. BE IT FURTHER RESOL VED THAT the City Council does hereby find that: A. The proposed project is consistent with Dublin General Plan. B. The City has reviewed and considered all environmental documents that have been prepared regarding this project. C. The development of the East County Hall of Justice project will be harmonious and compatible with existing and future development in the surrounding area. BE IT FURTHER RESOLVED THAT the City Council certifies that it reviewed and considered the Final Environmental Impact Report/Environmental Impact Statement (EIRJEIS) for the Alameda County Juvenile Justice Facility and East County Hall of Justice dated April 2003 for a 208,408 square foot building comprised of courtrooms, offices, and associated facilities located on the north side of Gleason Drive between Madigan and Arnold Drives. PASSED, APPROVED AND ADOPTED this 16th day of November 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk RESOLUTION NO. -04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ****************************** APPROVING PA 02-030, A SITE DEVELOPMENT REVIEW (SDR) APPLICATION TO CONSTRUCT A 208,408 SQUARE FOOT BUILDING COMPRISED OF COURTROOMS, OFFICES, AND ASSOCIATED FACILITIES ON 21.77 ACRES LOCATED ON THE NO,RTH SIDE OF GLEASON DRIVE BETWEEN MADIGAN AND ARNOLD DRIVES, AND APPROVING THE ASSOCIATED AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE EAST COUNTY HALL OF JUSTICE WHEREAS, Jim Kachick, on behalf of the Alameda County General Services Agency, has requested approval of a Site Development Review application to construct a 208,408 square foot building comprised of courtrooms, offices, and associated facilities on 21.77 acres located on the north side of Gleason Drive between Madigan and Arnold Drives; and WHEREAS, the Applicant has submitted a complete application and project plans for Site Development Review PA 02-030 dated received June 1, 2004, submitted by Sandis-Humber-Jones (16 Sheets), PGA Design, Inc. (5 sheets), and Muller and Caulfield (7 Sheets), stamped approved, and on file in the Planning Department (hereinafter referred to as the "Project Plans"). Included in these plans is the color and material board dated April 19, 2004, and other plans, text, and diagrams relating to this Site Development Review, and WHEREAS, The County of Alameda prepared a JOInt Environmental Impact Report and Environmental Impact Statement (EIR/EIS), dated April 2003, to determine the potential environmental impacts occurring as a result of the East County Hall of Justice project. The Final EIR/EIS concluded that the preferred alternative for the location of the East County Hall of Justice was in Dublin at the subject site. The EIR/EIS identified mitigation measures to address the environmental impacts identified and the Final EIRJEIS and accompanying mitigation measures were adopted the Alameda County Board of Supervisors on May 6, 2003; and WHEREAS, Staff has concluded that the proposed Site Development Review falls within the analysis completed as part of the EIRJEIS and that no additional impacts have been identified; and WHEREAS, the proposed project is consistent with the Dublin General Plan, the Eastern Dublin Specific Plan, the Planned Development Zoning District in which it is located, and represents an appropriate project for the site; and WHEREAS, the project application has bee,n reviewed by the applicable City departments and agencies, and their comments have been incorporated into the Conditions of Approval for the project; and WHEREAS, the Planning Commission held a public hearing on the Site Development Review application on November 9, 2004; and WHEREAS, the City Council held a public hearing on the Site Development Review application on November 16,2004; and ¡I-¡IP-ðt.l ft;./ ATTACHMENT S WHEREAS, proper notice of both public hearings were given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending that the application be approved and requesting that the original hearing jurisdiction be transferred to the City Council for PA 02-030 due to the size and scope of the project and concerns about the project's potential impacts on residential and commercial neighborhoods in Dublin; and WHEREAS, the Planning Commission held a public hearing on the project on November 9,2004 and adopted a resolution recommending approval of P A 02-030, a Site Development Review (SDR) application to construct a 208,408 square foot building comprised of courtrooms, offices, and associated facilities on 21.77 acres located on the north side of Gleason Drive between Madigan and Arnold Drives, and transferring original hearing jurisdiction to the City Council; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony hereinabove set forth and used their independent judgment to make a decision. NOW THEREFORE BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby find that: A. The Site Development Review (SDR) approval of this application (P A 03-068) is consistent with the intent/purpose of Section 8.104 (Site Development Review) of the Zoning Ordinance. B. The approval of this application, as conditioned, complies with the policies of the General Plan, with the Eastern Dublin Specific Plan, and with Planned Development Zoning for the site. C. The approval of this application, as conditioned, is consistent with the design review and scenic corridor requirements in the Eastern Dublin Specific Plan and the City of Dublin Zoning Ordinance. F. The approval of this application, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because the development is consistent with all laws and ordinances and implements the Eastern Dublin Specific Plan and Dublin General Plan. G. The proposed physical site development, including the intensity of development, site layout, grading, vehicular access, circulation and parking, setbacks, height, fences, public safety and similar elements, as conditioned, has been designed to provide a desirable environment for the development. H. The subject site is physically suitable for the type and intensity of the proposed use because the berm will be retained to screen Santa Rita Jail and the onsite grading will be balanced to provide an appropriate area for the building site. 1. Impacts to existing slopes and topographic features are addressed through appropriate grading of the site, retention of those sensitive features, and through the mitigation measures adopted in the Final EIRJEIS. 2 J. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, signs, building materials and colors, screening of exterior appurtenances, exterior lighting and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings and uses. K. Landscape considerations, including the locations, type, size; color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT the City Council does hereby approve, subject to compliance with the Conditions of Approval, P A 02-030 Site Development Review (SDR) to construct a 208,408 square foot building comprised of courtrooms, offices, and associated facilities on 21.77 acres located on the north side of Gleason Drive between Madigan and Arnold Drives as generally depicted by the Staff Report and the Project Plans dated June 1, 2004 and labeled Attachment 1 to this staff report, stamped approved and on file with the City of Dublin Planning Department; and BE IT FURTHER RESOLVED THAT the City Council approves and authorizes the Mayor to execute the Agreement (Exhibit A to this Resolution) between the City of Dublin and the County of Alameda regarding the enforcement of Conditions of Approval for the East County Hall of Justice, with the Conditions of Approval attached as Exhibit A-1 to the Agreement. PASSED, APPROVED AND ADOPTED this 16th day of November 2004. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\PA#\2002\02·030 Alameda Co Court House\CC Reso SDR and Agmt.doc 3 Exhibit A AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING THE ENFORCEMENT OF CONDITIONS OF APPROVAL FOR THE EAST COUNTY HALL OF JUSTICE This agreement ("the Agreement") is entered into this 16th day of November, 2004 by and between the City of Dublin, a municipal corporation ("the City"), and the County of Alameda, a political subdivision of the State of California ("the County"). The City and the County are referred to collectively as "the Parties." RECITALS 1. The Parties are parties to that certain agreement entitled "Agreement Between County of Alameda, Surplus Property Authority and City of Dublin Regarding Transfer of Property Tax Revenues Upon Annexation, Provision of Services and Other Matters," dated May 4,1993 ("the Annexation Agreement"). 2. The Annexation Agreement provides that with respect to the County Governmental Property (as defined) any county governmental uses proposed for the property shall be subject to site development review in accordance with the City's zoning ordinance. 3. In the Annexation Agreement, the parties also agreed "in concept that infrastructure shall be constructed as necessitated by development and to accommodate reasonably projected development and that the costs of such infrastructure should be borne by the properties benefiting therefrom in proportion to the benefit received." 4. The County proposes to construct the East County Government Center on the County Governmental Property (lithe Project"), and, pursuant to the Annexation Agreement, the County has applied to the City for site development review approval ("the SDR"). 5. The City during the processing of SDR determined that certain conditions of approval should be imposed upon the Project, including obligations to pay the City's development impact fees, which fund infrastructure that serves the County Governmental Property and other property in the City. The City believes that the Annexation Agreement authorizes the imposition of such conditions on the County. 6. The County believes that many of the conditions that the City desires to impose on the Project, including some of the development fees, are neither authorized by the Annexation Agreement nor otherwise by law. 4 ÈXHIS"1f A 7. In order to expedite the processing of the Project and to avoid further disputes, the County has agreed, for purposes of this Project only, to subject itself to certain conditions of approval (attached as Exhibit A-1 to this Agreement and incorporated herein by this reference) ("the Conditions"), which conditions include the payment of all or a portion of certain city development impact fees for infrastructure, and the City is willing to agree to impose only the Conditions, provided that a reasonable means of enforcing the Conditions against the County is available to the City. 8. The City typically enforces conditions of approval by refusing to issue further approvals, such as building permits and occupancy, until the conditions are satisfied, but the City does not have further approvals on this project. 9. To ensure that the City has adequate remedies to enforce the Conditions, the Parties desire to set forth their agreement that the Conditions may be enforced by specific performance. NOW, THEREFORE, with reference to the foregoing recitals and in consideration of the mutual promises, obligations and covenants herein contained, the City and the County agree as follows: AGREEMENT Section 1. County Subject to the Conditions. Without in any way consenting to the City's interpretation of the Annexation Agreement, the County agrees to be subject to the Conditions. Section 2. Conditions Mav Be Enforced bv Specific Performance. The Parties agree that, should the County refuse to comply with the Conditions, the City would not have adequate remedies at law and that the City's remedy for such a breach is to bring a lawsuit to enforce the Conditions and seek an order of specific performance. Section 3. Miscellaneous. a. Incorporation of Recitals and Introductory Paragraph. The Recitals contained in this Agreement, and the introductory paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. b. Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement, or the application of such provision to a particular situation, is held to be invalid, void, or unenforceable, either the City or the County may (in their sole and absolute discretion) terminate this Agreement by providing written notice of such termination to the other party. 5 c. Construction. This Agreement has been reviewed and revised by legal counsel for both the City and the County, and no presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. d. California Law. This Agreement shall be construed and enforced in accordance with the laws of the State of California. e. Attorneys' Fees. In any legal action or other proceeding brought by either party to enforce or interpret a provision of this Agreement, including an action brought by the City to enforce the Conditions, the prevailing party is entitled to reasonable attorneys' fees and any other costs incurred in that proceeding in addition to any other relief to which it is entitled. f. Notices. All notices required or provided for under this Agreement shall be in writing. Such notices shall be given to the Parties at their addresses set forth below: If to the City, to: Richard C. Ambrose City Manager City of Dublin 100 Civic Plaza Dublin, CA 94569 Telephone: (925) 833-6650 Facsimile: (925) 833-6651 If to the County, to: County of Alameda Aki Nakao Director, General Services Agency 1401 Lakeside Drive, 10th Floor Oakland, CA 94612 Telephone: (415) 733-9404 Facsimile: (415) 394-9000 A party may change its address by giving notice in writing to the other party and thereafter all notices shall be addressed and transmitted to the new address. Notices shall be deemed given and received upon personal delivery, or if mailed, upon the expiration of forty-eight (48) hours after being deposited in the United States Mail. Notices may also be given by overnight courier which shall be deemed given the following day or by facsimile transmission which shall be deemed given upon verification of receipt. g. Counterparts. This Agreement may be executed in multiple counterparts and counterpart signature pages may be assembled to form a single original document. 6 h. Entire Agreement; Exhibits. This Agreement consists of 4 pages and one exhibit which constitute in full, the final and exclusive understanding and agreement of the Parties and supersedes all negotiations or previous agreements of the Parties with respect to all or any part of the subject matter of this Agreement. The exhibits to this Agreement consist of the following: (a) Conditions of Approval of Site Development Review for the East County Government Center. i. Waivers. All waivers of the provisions of this Agreement shall be in writing and signed by the appropriate authorities of the City and the County. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF DUBLIN: COUNTY OF ALAMEDA Mayor Chair of the Board of Supervisors ATTEST: Approved as to Form: RICHARD E. WINNIE County Counsel City Clerk Approved as to Form: by City Attorney 7 Exhibit A-1 to the Agreement between the City of Dublin and the County of Alameda regarding the enforcement of Conditions of Approval for the East County Hall of Justice FINAL CONDITIONS OF APPROVAL for PA 02-030 East County Hall of Justice (Including the Public Works Standard Conditions of Approval): Unless stated otherwise, all Conditions of Approval shall be complied with prior to the establishment of use and the building opening to serve the public. General Conditions 1. Approval. This Site Development Review approval for the East County Hall of Justice establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review shall generally conform the project elevations/renderings dated June 1,2004, submitted by Sandis-Humber-Jones (16 Sheets), PGA Design, Inc. (5 sheets), and Muller and Caulfield (7 Sheets), stamped approved, and on file in the Planning Department (hereinafter referred to as the "Project Plans"). Included in these plans is the color and material board dated April 19, 2004, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. No other modifications shall be made to the Project Plans without subsequent review and approval. This approval shall not become effective until the City and County have entered into a written agreement regarding the enforcement of these conditions. Responsible Agency: Planning When required: Ongoing 2. Term. Approval of the Site Development Review shall be valid for eighteen (18) months from the date approved by the City Council. If construction, or demonstrated progress toward commencing such construction, has not commenced by that time, this approval shall be null and void. If an additional extension is desired, the County can make the request to be considered by the City Council. Responsible Agency: Planning When required: Ongoing 3. Revocation. The Site Development Review approval will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation ofthe terms or conditions ofthis approval shall be subject to citation. Responsible Agency: Planning When required: Ongoing 4. Required Permits. The Applicant/Developer shall obtain all necessary permits required by other agencies (Alameda County Flood Control District Zone 7, Dublin San Ramon Services District, California Department ofFish and Game, Army Corps of Engineers, State Water Quality Control Board, etc.) as needed and shall submit copies of the permits to the Director of Public Works. Responsible Agency: All agencies When required: Ongoing 5. Fees. The Applicant/Developer shall pay the following fees prior to the establishment of use and the building opening to serve the public: a. Eastern Dublin Traffic Impact Fee (TIF) based on 5,941 daily trips with a 27% reduction given for locally-generated trips, resulting in daily trips of 4337. The current rate under the EXHIBIT A, \ TIF is $549. The County will receive credit for TIF improvements constructed as required by Condition of Approval No. 12 (d) and (e) in accordance with the City's TIF Guidelines for credits.. The County may pay the fee by using Alameda County Surplus Property Authority (ACSPA) section I TIF credits [for payment of the Section I portion of the fee], through a reduction in the ACSPA's Section II loan to the TIF program [for payment of the Section II portion of the fee], and/or cash for either the Section I and/or Section II portion ofthe fee. b. Pleasanton Interchange Fee for Eastern Dublin based on 5,941 daily trips. The current rate of the Pleasanton Interchange Fee is $27.44 per trip. c. Tri Valley Transportation Development (TVTD/TVTC) Fee based on a building size of 208,408 square feet. The current rate of the TVTD/TVTC fee is $3.11 per square foot. d. City of Dublin Fire Facilities Fee based on a building size of208,408 square feet. The current rate of the Fire Facilities Fee is $.253 per square foot. Pursuant to the resolutions imposing the foregoing fees, the fees are increased for inflation annually each year on July 1. Accordingly, the rates per square foot and per trip set forth above will be subject to change. Consistent with the City's practice with projects subject to building permits, the fees listed above may be paid no earlier that at the commencement of construction of the building. The fees must be paid no later than the establishment of use and the building opening to serve the public. The fee paid shall be in the amount in effect at the time of payment. Responsible Agency: All agencies When required: Prior to the establishment of use and the building opening to serve the public. 6. Compliance with EIR/EIS Mitigation Measures. The project is required to comply with all mitigations measures as detailed in the Final Environmental Impact Statement and Environmental Impact Report (EISÆIR) for the Juvenile Justice Facility and East County Hall of Justice (dated April 2003) and as adopted by the Alameda County Board of Supervisors on May 6, 2003, with the exception of the following measures: MM 9.1.5a: Fair share contribution to Scarlett Drive extension MM 9,1.5b: Fair share contribution to Tassajara/Dublin intersection MM 17.3,5a and 17.3,6a: Fair share contribution to Dou hert IDublin MM 17,3.5a and 17.3.6a: Fair share contribution to Hacienda/I580 WB OR MM 17.3.5a and 17.3,6a: Fair share contribution to Tassa'ara/Central MM 17,3.5a and 17.3.6a: Fair share contribution to Tassa· ara/Dublin MM 17.3.5a and 17.3.6a: Fair share contribution to Santa Rita/I580 EBI Pimlico OR MM 17,3.5a and 17,3.6a: Fair share contribution to Ho ard/I580 EB OR MM 17.3,5b and l7,3,6b: Fair share contribution C to Tassa·ara/Gleason MM l7,3.5b and 17.3,6b: Fair share contribution to Hacienda/I580 EB OR MM 17.3,5b and 17,3.6b: Fair share contribution to Hacienda/Dublin 9 Improvement to be funded through payment of EDTIF fee. Improvement inconsistent with the City's Capital 1m rovement Pro ram for roadwa im rovements Improvement to be funded through payment of EDTIF fee. Improvement to be funded through payment of EDTIF fee. Improvement inconsistent with the City's Capital 1m rovement Pro am for roadwa im rovements Improvement inconsistent with the City's Capital 1m rovement Pro ram for roadwa im rovements Improvement inconsistent with the City's Capital 1m rovement Pro am for roadwa im rovements Improvement inconsistent with the City's Capital 1m rovement Pro ram for roadwa im rovements Improvement inconsistent with the City's Capital 1m rovement Pro ram for roadwa im rovements Improvement to be funded through payment ofEDTIF fee, Improvement to be funded through payment of EDT IF fee. Responsible Agency: Planning When required: Through construction and ongoing 7. Compliance with the Eastern Dublin Specific Plan General Plan Amendment EIR. As required by the Site Development Review findings, the East County Hall of Justice project shall be in compliance with the General Plan and Eastern Dublin Specific Plan, and therefore must also be in compliance with the Eastern Dublin Specific Plan General Plan Amendment EIR and the associated Mitigation Monitoring Program. Responsible Agency: Planning When required: Through construction and ongoing 8. Changes to Project Plans. A minor physical change to the approved Project Plans, or any modification that results in the lowering of the building height while still retaining the approved architectural design, can be considered by the Community Development Director or his/her designee as a Site Development Review Waiver. Any amendment to the approved plans which is not considered by the Community Development Director to be a minot physical change shall be reviewed per Section 8.104.090 (Amendment) of the Dublin Municipal Code, which would include full review and approval by the decision-making body of the original application, in this case the City Council. Responsible Agency: When required: the public 9. Roof equipment. The Project Plans do not show any roof equipment on the tallest (courtroom) portion of the building, and therefore no mechanical equipment shall be placed there. Any roof equipment on the lower (office) portion of the building shall be screened with materials to match the building' and said equipment shall not be visible from anywhere on the site or an adjacent public right of way. Responsible Agency: When required: Planning Prior to the establishment of use and the building opening to serve Planning Ongoing City of Dublin Public Works Department 10. Final design and construction shall conform to the materials submitted with the application dated June 1, 2004, including the civil drawings prepared by Sandis-Humber-Jones (16 Sheets), the landscape drawings prepared by PGA Design, Inc. (5 sheets), and the architectural drawings prepared by Muller and Caulfield (7 Sheets). Responsible Agency: Planning and Public Works When required: Ongoing 11. The Applicant/Developer shall comply with all applicable City of Dublin Public Works Standard Conditions of Approval (attached as Exhibit 1 to this resolution). In the event ofa conflict between the Public Works Standard Conditions of Approval and these conditions, these conditions shall apply. Responsible Agency: Public Works When required: Ongoing 12. The Applicant/Developer shall construct the following traffic improvements pnor to the establishment of use and the building opening to serve the public: a. Modify Gleason Drive (project-specific improvement) The existing median island on Gleason Drive Gust west of Hacienda Drive) shall be modified 10 to provide an eastbound left-turn pocket lane into the site at the Hacienda Drive intersection. The left-turn pocket lane shall be 200' long, 12' wide, and shall have a 90' transition taper. Improvements shall include modifications as needed to the existing roadway striping and signing, as well as modifications to the existing median landscaping, irrigation systems, street lighting, and other facilities, as determined by the City Engineer. b. Modify the northbound approach of Hacienda Drive (project-specific improvement) The northbound approach of Hacienda Drive at the Gleason Drive intersection shall be widened to provide the following lane configurations: 275' long, 11' wide left-turn pocket lane, plus 90' transition taper Two thru lanes, 11' wide each 4' wide bicycle lane 275' long, 12' wide right-turn lane, plus existing transition taper Alternatively, the northbound approach of Hacienda Drive at the Gleason Drive intersection could be widened to provide the following lane configurations if the proposed inbound project driveway, opposite Hacienda Drive, is shifted easterly by a distance of approximately 12 to 15 feet: 12' wide trap left-turn lane 12' wide thru lane 12' wide shared thru/right-turn lane 5' wide bicycle lane Improvements shall include modifications as needed to the existing roadway striping and sIgnIng. The raised median island on Hacienda Drive Gust south of Gleason Drive) shall be modified to accommodate the above improvements, including modifications to the existing landscaping, irrigation systems, street lighting, and other facilities, as detern1Îned by the City Engineer. c. Modify GleasonlHacienda traffic signal (project-specific improvement) The existing traffic signal at the Gleason Drive/Hacienda Drive intersection shall be modified, as needed, to accommodate the new fourth leg of the intersection, the new eastbound left-turn lane, and the additional lanes at the northbound Hacienda Drive approach. d. Modify southbound Hacienda Drive (TIF improvement triggered by project. - The County will receive TIF credit for the construction of this improvement in accordance with the TIF Guidelines.) Hacienda Drive shall be widened to provide two southbound thru lanes and a bicycle lane from Gleason Drive south to Central Parkway. The lane configurations shall be as follows: 12' wide leftmost lane 14' wide rightmost lane 6' wide bicycle lane Improvements shall include modifications as needed to the existing roadway striping and signing, as well as modifications to the existing median landscaping, irrigation systems, street lighting, and other facilities, as determined by the City Engineer. Improvements shall also include modifications as needed to the existing traffic signals at the intersections of Hacienda Drive/Surnmerglen Drive and Hacienda Drive/Central Parkway. The southbound Hacienda Drive approach at Surnrnerglen Drive shall be widened and restriped to provide the following lane configurations: 250' long, 12' wide left-turn pocket lane, plus 90' transition taper 12' wide thru lane 14' wide shared thru/right-turn lane 6' wide bicycle lane ] ] The southbound Hacienda Drive approach at Central Parkway shall be widened and restriped to provide the following lane configurations: 275' long, 12' wide left-turn pocket lane, plus 90' transition taper Two thru lanes, 12' wide each 5' wide bicycle lane 225' long, 12' wide right-turn lane (existing) These improvements to Hacienda Drive are Eastern Dublin TIF improvements subject to the receipt of a credit in accordance with the City's TIF Guidelines. e. Modify Dublin/Arnold intersection (TIF improvement triggered by project - the County will receive TIF credit for the construction of this improvement in accordance with the TIF Guidelines.) The Dublin Boulevard! Arnold Road intersection shall be modified to provide a second eastbound left-turn pocket lane on Dublin Boulevard. The dual left-turn pocket lanes shall each be 325' long, 12' wide, and shall have a 180' transition taper. Improvements shall include modifications as needed to the existing traffic signal at Dublin Boulevard/Arnold Road, and roadway striping and signing. The raised median island on Dublin Boulevard Gust west of Arnold Road) shall be modified to accommodate the dual left-turn pocket lanes, including modifications to the existing landscaping, irrigation systems, street lighting, and other facilities, as determined by the City Engineer. These improvements to the Dublin Boulevard/Arnold Road intersection are Eastern Dublin TIF improvements subject to the receipt of a credit in accordance with the City's TIF Guidelines. Responsible Agency: Public Works When required: Prior to establishment of the use and the building opening to the public 13. The Applicant/Developer shall submit final Improvement Plans, prepared by a licensed civil engineer, for all work within the public right-of-way or easements, for review and approval by the Director of Public Works. The improvement plan package shall include additional plan sets as necessary for traffic signals, landscaping, joint trench, or other improvements as needed, prepared by the appropriate licensed design professional. Responsible Agency: Public Works When required: Prior to start of construction of the improvements in the right of way and prior to the building opening to the public. 14. Pursuant to Section 7.16.620 of the Dublin Municipal Code, the Applicant/Developer shall enter into an Improvement Agreement with the City to guarantee completion of the required improvements. The agreement and security shall be provided prior to issuance of an encroachment permit for work in the public right-of-way, and prior to start of any work in the public right-of- way. The Agreement will require an improvement security to be posted by the Applicant/ Developer's contractor to guarantee the faithful performance of the permitted work 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 work (as detailed in the memo from Mark Lander, P.E., dated May 3, 2004 and attached to this resolution as Exhibit 2). The amount of the Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the work, and all work completed in the public right of way shall be subject to the payment of prevailing wages. The Applicant/Developer shall provide an estimate of these costs with the submittal of the Improvement Plans. 12 In lieu of submitting a separate bond for the work in the public right-of-way, the contractor may name the City of Dublin as being covered under a security provided to the Applicant/ Developer, provided the scope and cost of the work in the public right-of-way are clearly defined and conform to the approved cost estimate for the work. Responsible Agency: Public Works When required: Prior to start of construction of the improvements in the right of way and prior to the building opening to the public. 15. The Applicant/Developer shall obtain an encroachment permit for all work within the public right- of-way or easements, prior to the start of construction. All work within the public right-of-way shall be subject to inspection by the Department of Public Works. Responsible Agency: Public Works When required: Prior to start of construction of the improvements in the right of way and prior to the building opening to the public. 16. The Applicant/Developer shall be responsible for the cost of all plan review, permit, and inspection costs incurred by the Department of Public Works for work within the public-right-of- way or easements. Responsible Agency: Public Works When required: Ongoing 17. A 6' wide concrete sidewalk shall be installed along the Gleason Drive frontage of the East County Hall of Justice. The sidewalk shall be extended easterly along the Gleason Drive frontage to . connect with the existing sidewalk near Madigan Avenue and shall be extended westerly to the terminus of the project site. The new sidewalk shall be separated from the curb and have a 6' wide parkway strip in between (Also see Condition No. 56). The addition of a 6' wide landscaping/parkway strip will cut into the slope of the proposed berm and will require an adjustment of the slope from 4:1 to 3:1. Alternatively, the Applicant/Developer could consider a meandering sidewalk, and use the meanders to adjust the sidewalk elevation and take up part of the grade difference along the berm. One of these alternatives shall be reflected in the final improvement plans that are subject to review and approval by the Director of Public Works, prior to the start of construction. Responsible Agency: Public Works When required: Prior to start of construction of the improvements in the right of way and prior to the establishment of use and the building opening to serve the public. 18. A public access easement shall be dedicated for any portion of the sidewalk outside of the public right of way. Responsible Agency: When required: the public 19. The final design of the westbound bus stop on Gleason Drive shall be approved by the Livermore- Amador Valley Transit Authority. The location of the bus stop may be modified by LA VTA, subject to approval of the Director of Public Works, and shall contain a bus shelter, trash receptacle, and appropriate lighting. Responsible Agency: Public Works When required: Prior to start of construction of the improvements in the right of way and prior to the establishment of use and the building opening to serve the publicp Public Works Prior to the establishment of use and the building opening to serve IJ 20. ADA-compliant ramps shall be provided at the three driveway entrances on Gleason Drive and all interior intersections. Responsible Agency: When required: the public 21. A traffic signal easement shall be dedicated to the City over the new southbound approach to the Gleason Drive/Hacienda Drive intersection, of adequate size, as determined by the City Engineer, to include all signal poles, conduit, pullboxes, detector loops, and other improvements. Responsible Agency: Public Works When required: Prior to establishment of the use and the building opening to the public 22. Remove the first set of stop sign and pavement markings (at the 3-way intersection) from the northbound main driveway entrance in order to provide better on-site vehicular flow from the Hacienda/Gleason intersection. The two other approaches (from the east and west) shall remain stop controlled. Dublin San Ramon Services District (DSRSD) The following conditions shall be complied with prior to establishment of use and the building opening to serve the public to the satisfaction of Dublin San Ramon Services District (DSRSD), unless another timeframe is specified in the condition: Public Works Prior to the establishment of use and the building opening to serve 23. The following conditions shall be complied with prior to establishment of use and the building opening to serve the public to the satisfaction of Dublin San Ramon Services District (DSRSD), unless another timeframe is specified in the condition. Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 24. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 25. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 26. Domestic and fire protection waterline systems shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 27. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off- street or private street location to provide access for future maintenance and/or replacement. 14 28. Prior to issuance of a Construction Permit by the Dublin San Ramon Services District or the commencement of construction, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. 29. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication. 30. Prior to issuance of a Construction Permit by the Dublin San Ramon Services District or the commencement of construction, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. 31. Prior to issuance of a Construction Permit by the Dublin San Ramon Services District or the commencement of construction, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. 32. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 31 (Fees) have been satisfied. 33. The applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion ofthe project. 34. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 35. The proposed on-site fire line shall be dedicated to DSRSD by a Grant of Easement for operation & maintenance. 36. If any trash enclosures are to be connected to the sanitary sewer, they must have a grease and sand trap and the areas must be covered to prevent the entry of rainwater. 37. On-site sewer pipes shall have a 10-foot separation from the fire line. It is currently at 8 1;2 feet separation between sewer pipes and fire water pipes. 38. Back flow prevention devices are not required on the recycled water system. Please remove the back flow preventer that is downstream from the recycled water irrigation meter. 39. 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 requirements for recycled water irrigation design. 15 40. The sewer line at the northwest corner of the building shall not cut across the fire water line. Relocate the manhole to the north and divert the sewer from the trash enclosure area away from the water line. 41. Plans shall show profile views for the fire water line. Fire Prevention 42. Prior to the start of construction, plans shall be submitted to the Fire Department for review and approval. These submittals shall include the following: building construction plans; exit plan; fire flow calculation from California Fire Code Appendix III-A as well as available fire flow (this info can be obtained from DSRSD); standpipe installation plans; fire sprinkler installation plans; fire alarm installation plans. No work shall start on project until such time as the Fire Department has approved the plans. All access roads and fire hydrants shall be in place and operational prior to the start of vertical construction. Responsible Agency: Fire When required: Prior to the start of construction Alameda Countv Flood Control and Water Conservation District (Zone 7) 43. Zone 7 records indicate there are no water wells or monitoring wells located within the project boundaries. If any wells are found within the project limits, they should be reported to Zone 7. All unused or abandoned wells must be properly destroyed. Any new planned well, soil boring, or well destruction must be permitted by Zone 7 before starting the work. There are no fees for Zone 7 drilling permits. Responsible Agency: Zone 7 When required: Ongoing 44. The Applicant/Developer shall comply with all ACFC& WCD (Zone 7) requirements and applicable fees, unless otherwise approved by Zone 7 and/or the Director of Public Works. Responsible Agency: Zone 7 When required: Ongoing 45. Development that increase impervious area are subject to Special Drainage Area (SDA) 7-1 drainage fees. This project is subject to the payment of drainage fees to Zone 7. Responsible Agency: Zone 7 When required: Prior to the establishment of use and the building opening to serve the public Dublin Police Services The following conditions shall be complied with prior to the establishment of use and the building opening to serve the public and maintained on an ongoing basis to the satisfaction of Dublin Police Services: 46. The Applicant/Developer shall comply with all applicable City of Dublin Non Residential Security Ordinance requirements. 47. Employee exit doors shall be equipped with I80-degree viewers if there is not a burglary resistant window panel in the door from which to scan the exterior. 48. Exterior lighting is required over all doors. The applicant shall submit a final lighting plan for approval by the Dublin Police. Lighting of all exterior areas shall be designed to maximize surveillance and reduce conflicts with building design, mature landscaping, and to minimize glare. 16 49. Security lighting shall be provided in parking lot areas at 1.0 candle lights at ground level. Lighting fixtures shall be of a vandal resistant type. 50. Landscaping features and outdoor amenities shall be designed to reduce their attractiveness to skateboarders and vandals. 51. Exterior landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. Shrubs and ground cover shall not directly cover windows and doorways. River rock used near parking lots or commercial buildings shall be permanently affixed. 52. All entrances to the parking areas shall be posted with appropriate signs per Sec. 22658(a) of the California Vehicle Code, to assist in removing vehicles at the property owner's/manager's request. 53. The Applicant/Developer shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. 54. The perimeter of the site shall be fenced during construction, and security lighting and patrols shall be employed as necessary. The Applicant/Developer shall provide after hours call-out information to Police Services on an "Emergency Response Form." All information shall be kept Current and up to date. Landscaping 55. Change proposed ground cover material on the northernmost 120 feet of the median between the main entrance and exit drive to a plant that is close to the ground and does not achieve any height. Since the stop sign is proposed to be removed for northbound vehicle traffic in order to encourage better flow from the Hacienda/Gleason intersection (See Condition #23), changing the ground cover to something that is low-lying will ensure that visibility is not obstructed. Installing hardscape (i.e. river rock or other decorative paving) in this area would also be acceptable and would guarantee that landscape does not grow to a height to compromise traffic safety. Responsible Agency: Planning When required: Prior to the establishment of use and the building opening to serve the public 56. The adopted Emerald Park Streetscape Design Guidelines for the current and former Alameda County Surplus Property Authority land (of which this parcel is a part) include design items that have not yet been integrated into the Project Landscape Plans. The Streetscape plans show a separated sidewalk along Gleason Drive and the Cinnamomum camphora (Camphor Tree) as the approved street tree. The Applicant/Developer will need to revise the Project Plans to show a separated sidewalk along the entirety of the Gleason Drive frontage. In the Emerald Park Streetscape Design Guidelines, a 13' wide parkway strip is shown. However, Staff is willing to accept a smaller 6' parkway strip between the street and the 6' wide sidewalk in the interests of retaining as much of the adjacent berm and bio-swale as possible. In this strip, the approved street tree Cinnamomum camphora (Camphor Tree) shall be planted along with the appropriate groundcover. These modifications to the Project Plans shall be made before an encroachment permit can be issued. Responsible Agency: Planning When required: Prior to the issuance of an encroachment permit and prior to the establishment of use and the building opening to serve the public 57. The Landscape Plans must be reviewed and approved by DSRSD, as some of the plant material illustrated on page L2.01 may not be suited for irrigation with reclaimed water, including Rosa 17 banksias (Banksia Rose), Trachelospermum jasminoides (Star Jasmine), Pittosporum tobira (Tobira), Arbutus unedo (Strawberry Tree), and Celtis austra/is (European Hackberry). DSRSD review and approval must be completed prior to installation of the plants. Responsible Agency: DSRSD When required: Prior to installation of the plants Public Works Standard Conditions Of ApDroval GENERAL: 58. The Developer shall comply with the City of Dublin 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 construction. All public improvements constructed by Applicant/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). 59. The Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 60. Review and inspection of improvements by the Public Works Department shall be limited to improvements located within the public right-of-way or easements dedicated to the City of Dublin. The following standard conditions of approval shall apply only to those improvements located within the public right-of-way or easements. The Public Works Department shall be not have jurisdiction over design and construction of improvements located within County property. The County shall be responsible for ensuring that all improvements on County property are constructed in conformance with the approved Site Development Review and in conformance with any applicable codes, ordinances, or laws. In the event of conflict between these standard conditions and the project specific conditions of approval, the project specific conditions shall apply. SUBMITTALS: 61. All submittals of plans shall comply with the requirements of the "City of Dublin Public Works Department Improvement Plan Submittal Requirements", and the "City of Dublin Improvement Plan Review Check List". 62. The Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 63. Applicant/Developer shall submit a Geotechnical Report, which includes street pavement sections. 64. Applicant/Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project when the final site plan 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 18 layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. GRADING PLANS: 65. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report and the approved Site Development Review. A detailed Erosion Control Plan shall be submitted prior to start of construction. On-site grading and erosion control plans will not be submitted to the Public Works Department for review, except as needed to ensure conformance with improvements in the public right-of-way or easements. IMPROVEMENTS 66. The public improvements shall be constructed generally as shown on the Site Development Review. However, the approval of the Site Development Review is not an approval of the specific design ofthe drainage, sanitary sewer, water, traffic circulation, and street improvements. 67. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer. 68. The Applicant/Developer shall install all traffic signs and pavement marking as required by the City Engineer. 69. ApplicantlDeveloper shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. 70. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. 71. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum voltage drop for streetlights is 5%. 72. Two empty 3" conduits with pull ropes, to accommodate future extension of the traffic interconnect system and for School District uses, shall be installed along any project arterial street frontage. The extent of this work to be determined by the City Engineer. 73. Street trees, of at least a 24" box size, shall be planted along the street frontages. The varieties and locations of the trees to be approved by the Community Development Director and City Engineer. 74. Applicant/Developer shall construct gas, electric, cable TV and communication improvements as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. 75. All electrical, gas, telephone, and Cable TV utilities, shall be underground in 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. 76. 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 Community Development Director prior to construction. CONSTRUCTION: 77. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. The Applicant/Developer will be responsible for maintaining erosion and sediment control measures for one year following completion of 19 construction. The County shall be responsible for maintaining adequate erosion control measures within the County property, although these measures will not be subject to inspection by the Public Works Department. 78. 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 ofthe find and suggest appropriate mitigation measures. 79. 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 Engineer. The City Engineer will consider requests for work outside of these hours on a case-by-case basis (but shall not be approved for work on Sundays) and advance notice must be provided to nearby residential properties in compliance with standard City policy. Approval of the request will be consistent with standard City policy and will not be unreasonably withheld. 80. Applicant/Developer shall prepare a Construction Noise Management Plan, to be approved by the City Engineer and Community Development Director, 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, spe~d limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and specifications. 81. Applicant/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. 82. The Applicant/Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. 83. The Applicant/Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. NP DES: 84. Prior to any clearing or grading, the Applicant/Developer shall provide 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 ofthe Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 85. The Storm Water Pollution Prevention Program (SWPPP) for 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. 86. The Applicant/Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. 87. The Public Works Department will be responsible for reviewing the SWPPP and erosion control measures for any work located within the public right-of-way or easements. The County shall be responsible for maintaining on-site measures in conformance with applicable State and Federal laws regarding nonpoint stormwater quality. 20