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HomeMy WebLinkAboutItem 6.1 RezoneDevBancorTralee AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 2004 CI!X CLERK File # Dl!LJ~[Q]-[a][QJ &;O()-{¡;O SUBJECT: PUBLIC HEARING: P A 02-062 Bancor Properties. Tralee- Planned Development Rezone Stage 1 and Stage 2 Development Plan, Vesting Tentative Map and Site Development Review Prepared by: Deborah Ungo-McCormick, Contract Planner ~ ATTACHMENTS: 1. Resolution adopting a Mitigated Negative Declaration (Exhibit A which includes Initial Study) including Responses to Comments (Exhibit B) and Mitigation Monitoring Program (Exhibit C) 2. Draft Ordinance approving the Planned Development Rezone with related Stage 1 and Stage 2 Development Plan and project plans (Exhibit A) 3. Resolution approving the Tentative Vesting Map 7457 and Site Development Review for the entire site 4. Planning Commission Minutes of June 22, 2004 5. Planning Commission Staff Report of June 22, 2004 without attachments 6. Tralee - spiral bound proposal dated June 4, 2004 - under separate cover and available at the Community Development Department /ZJJk . 1. Hear Staff presentation 2. Open Public Hearing 3. Take testimony from the Applicant and the public 4. Question Staff, Applicant and the public 5. Close the public hearing and deliberate 6. Adopt Rèsolution (Attachment 1) approving the Mitigated Negative Declaration and Mitigation Monitoring Program 7. Waive the reading and introduce the Ordinance (Attachment 2) approving the Planned Development (PD) Rezone/ Stage 1 Planned Development and Stage 2 Planned Development (with Development Plan attached as Exhibit A) and continue the Public Hearing to the August 3, 2004 City Council meeting, and 8. Adopt the Resolution (Attachment 3) approving the Vesting Tentative Map 7457 and the Site Development Review RECOMMENDATION: COPIES TO: Applicant Owner Project File G,\PA#\2002~2-Q62 Bw,", P",-.-S~~ """Ice Mœri.gICCSR '-20.doc I q¡ I t ITEM NO. -6J o PROJECT DESCRIPTION: The project site is located within the Dublin Primary Planning Area. It consists ofa 10.61- acre parcel that is located north of Dublin Boulevard and west of Dougherty Road. It is currently developed with a vacant neighborhood shopping center. Surrounding uses include a gas station, two strip commercial centers and an auto dealership to the south, a strip commercial center and landscape irrigation business to the west, an auto service and commercial/retail center to the north and a gas station to the east, across Dougherty Road. Immediately adjacent to the site, in the south east comer, there is an existing service station and car wash. Interstate 580 is located to the south of the project site. The site topography is generally flat. It is developed with approximately 104,000 sq. ft. of retail commercial building and an expansive surface parking lot. The site contains some vegetation consisting of trees within a landscape strip along the Dublin Boulevard frontage, and several trees dispersed throughout the parking lot. The site previously was occupied by the Pac N Save food market and other retail services including a pool hall. Pac N Save vacated the site approximately two years ago. The pool hall lease has expired and will be relocating to another site. Bancor Properties is the current property owner, and has applied for all planning entitlements for the development of a mixed-use project on the entire site, as described below. Project concept: The proposed project consists of the demolition of the existing commercial building and parking lot area to provide for the construction of a mixed-use development (See Site Plan on Sheet 4 of project plans). The new development consists of mixed-use mid and low rise buildings (known as the Village Center) and townhouse-style condominiums. The Village Center is proposed on the southerly portion of the site and would consist of four buildings containing retail and office space on the ground floor facing Dublin Boulevard and the "Main Street" of the Village Center, 12 townhouse-style condominium units on the ground floor facing Tralee Village Drive and 118 apartments/condo units within three-stories above. The mixed-use buildings would be four stories and a maximum of 60 feet in height. The apartments/condominiums would offer one, two and three bedrooms and would range in size from about 600 to 1,600 square feet. Sixteen affordable units would be dispersed throughout the four floors of apartments/condominiums. A freestanding commercial building pad is proposed in the southwest comer of the site, which combined with the ground floor retail office space in the mixed-use buildings would total 34,950 square feet of commercial space. An underground parking structure would be located below the four mixed-use buildings and would contain 236 spaces for residents and guests. There would be 185 surface parking spaces for the retail and office space. Building surfaces would be brick and painted stucco with metal roofs. The townhouse-style condominiums in the northerly half of the site total 103 units contained in 20 three- story buildings distributed across the northerly and easterly portions of the site. The first floor would contain parking for two cars, and floors two and three would contain the living areas. The townhouses would contain three bedrooms and would range in size from 1,250 and 1,905 square feet. Affordable housing units would be dispersed throughout the townhouse buildings. The height of all 20 buildings would be a maximum of 45 feet. Parking would include 206 garage spaces for residents and 60 spaces for visitors that would be dispersed throughout the buildings. Building surfaces would be brick and painted stucco with metal roofs, consistent with the design ofthe mixed-use buildings. The project includes a Village Green that provides common open space and recreation area, and contains a clubroom, restrooms and swimming pool for the use of residents. This area will be landscaped with 2~t\ trees, shrubs and lawn, and contains a children's play area, a fountain, benches and pathways. Street trees are proposed along Dublin Boulevard, Dougherty Road and Sierra Lane. Trees and other plantings are proposed along the interior pedestrian ways within an integrated master landscape plan. A six-foot precast concrete wall with evergreen vines is proposed along the northwesterly boundary of the site that would screen the existing light industrial use to the west. The project also includes a four-foot retaining wall with hanging vines along Dublin Boulevard and a six-foot wall along Dougherty Road. Shrubs and other vegetation would be planted in front of this wall. The main entrance for the commercial area would be at the intersection of Dublin Court and Dublin Boulevard. This entrance includes a turn around with a fountain feature in the middle and special (Rosette) paving pattern. In addition, there would be a new entry to the east of Dublin Court, which provides direct access to the ground floor commercial areas facing Dublin Boulevard and facing the project's "Main Street". "Main Street" is lined up with the Village Green, which includes a fountain across Tralee Village Drive and serves a main focal visual element for the project. Access to the residential development in the north portion of the site would be provided by two access drives on Sierra Lane and one access drive on Dougherty Road. The two development areas will be connected by an internal private road system. There is an access easement on the existing easternmost drive on Dublin Boulevard between the subject site and adjacent gas station that will be retained. The gas station property is not part of the project. The project includes dedication of right-of-way along the entire length of the Dublin Boulevard and Dougherty Road frontages to provide for the widening of both arterials as part of the City's Capital Improvement Plan. The Applicant will either install or pay an equivalent amount to the City to build the sidewalks and install street trees along the frontages. Additionally, the Applicant will pay for the relocation of the bus stop on Dublin Boulevard including a new bus turnout west of Dougherty Road and construction of a new bus shelter with related sidewalk improvements. In addition, the project will install a closed circuit television (CCTV) camera and associated improvements for the traffic signal at Dublin Boulevard! Dublin Court intersection for the City's remote monitoring and management of traffic flow on the street system, and will contribute to the under-grounding of utilities along Dougherty Road. General Plan and Zoning Consistency: The proposed mixed-use project will require a general plan amendment to change the land use designation for the site from Retail Office to Mixed Use. The City Council will be considering a General Plan Amendment to add a Mixed Use category in the Primary Planning Area concurrently with the recommended change in land use designation for the subject site. With the change to the land use diagram, the proposed project would be consistent with the adopted Dublin General Plan. A detailed General Plan Consistency discussion is included in the staff report for the General Plan Amendments dated July 20, 2004. In that report, Staff is asking the City Council to determine if issues relating to land use compatibility and noise have been mitigated to the Council's satisfaction and determine if the General Plan should be amended to allow for a Mixed-Use Category on the Site. If the City Council does not approve the General Plan Amendments, any approvals the City Council makes on the project pursuant to this Staff Report will not be effective. Stage 1 and 2 Development Plan: The project applications also include a rezoning to Planned Development District. The Dublin Zoning Ordinance establishes the intent and requirements of a Planned Development District. The intent of the Planned Development District is to create a more desirable use of the land, a more coherent and coordinated development, and a better physical environment that would otherwise be possible under a single zoning district or combination of zoning districts. The Planned Development district requires that a Stage 1 and 2 Development Plan be adopted to establish regulations for the use, development, improvement and maintenance of the property within the requested Planned Development District. The 3 Jb \ \ Applicant is applying for a Stage 1 and 2 Planned Development for the subject site in accordance with the City's Zoning Ordinance. The Stage 1 and 2 Development Plan for the entire 10.61 acres would establish the land uses and densities allowed within the entire site. The land use designations and proposed development mix consists of mid- and low-rise, mixed-use commercial/retail/office and residential buildings and a commercial pad in the southerly portion of the site, and townhouse-style residential development in the northerly portion of the site. The proposed mix is depicted in Sheet 4 ofthe project plans. (Exhibit A-I of Attachment 3). Site area, proposed densities and phasing plan. The following table describes the phasing and distribution of uses and densities on the overall site. The development of this project is proposed in two phases. Phase One consists of construction of 103 townhouse-style residential and common open/recreation area in the north portion of site with associated streets, guest parking, landscaping and fencing. Phase Two includes construction of the remaining mixed- , use building including 130 condominiums, the commercial retail office space and underground and surface parking. PHASE: Lot MAXIMUM NO. MAXIMUM RETAIL ACRES DWELLING PD DWELLING UNITS/ OFFICE/ UNITS PER STAGE RESTAURANT ACRE No. FLOOR AREA 1 1,2,3 103 - & Common 0 5.89 22.07 1&2 Open Space 2 4&5 130- 34,950 sq. ft. 4.72 23.51 1& 2 (14,000 sq. ft. of restaurant) TOTAL 1,2,3,4,5 233 34,950 sq. ft. 10.61 21.9 1&2 Uses: The proposed Development Plan includes a list of permitted and conditional uses and development regulations that are specific to this project. Permitted uses for the commercial component are generally consistent with the CN Zoning District and - the residential uses are generally consistent with the RM District. The Development Plan provides for a maximum 14,000 sq. ft. of restaurant use. Additional restaurant space would require an amendment of the Stage 2 Development Plan and require a re- evaluation of the on-site parking supply for the commercial uses. Standards: Under the planned development provisions, the Applicant is requesting flexibility in public street front yard setbacks for the residential development to allow a 10ft. minimum setback on Sierra Lane. Comparable RM zoning standards, which establish a minimum 20 ft. front yard setback, would typically be applied to high-density residential development. The City has approved planned development high-density residential projects that have allowed setbacks different from the RM setback standards. The Archstone project (PA#99-019) on Dougherty Road and The Villas at Santa Rita (PA#97-007) on Hacienda Drive were both approved with minimum of 15 ft. front yard setbacks (from back of curb). In both cases, the long sides of buildings are placed parallel to the street. In the case ofthe Tralee project, the buildings where the 10ft. setback is proposed are parallel to and facing Sierra Lane. The intent is to create a more pedestrian streetscape edge along Sierra Lane with a "walk-up" townhouse-style that places stairs at the property line. The homes will generally be facing the side walls of commercial buildings and parking lots across the street on Sierra Lane and new landscaping with street trees are proposed to further soften the edge along Sierra Lane. 406\\ Inclusionary Zoning Regulations: The project will comply with the Inclusionary Zoning Ordinance and any City Council Resolution relating to the Ordinance in effect at the time of the issuance of the first building permit for this project. The regulations recently adopted by the City Council require new residential projects to provide 12.5% of the total number of dwelling units with the development as affordable units. The project proposes to comply with the Inclusionary regulations by constructing all 29 required affordable units. The affordable units are dispersed throughout the project site. The Applicant will be required to enter into an Affordable Housing Agreement with the City to ensure that the affordable units are dispersed and constructed equally thorough all phases within the project. Vesting Tentative Map: The existing site contains one parcel (See Sheet 4 of project plans). The developer has submitted Vesting Tentative Map 7437 that proposes the subdivision of the existing 1O.61-acre parcel into 5 lots. Lots 1,2 and 3 will contain 103 town house-style units, a common open space/recreation area, including a pool, tot lot and play areas, and private streets. Lot 4 contains the mixed-use commercial retail office and residential buildings, which include 130 condominiums, and Lot 5 would contain a freestanding commercial building. This would allow for the sale or separate financing of any of these parcels. A condominium map will be required for subdivision ofthe 233 residential units. Primary access to the site is provided by three public streets, Dublin Boulevard, Dougherty Road and Sierra Lane. Improvements provided by the Vesting Tentative Map, along with the Conditions of Approval, address the dedication of right-of-way along Dublin Boulevard and Dougherty Road and related street improvements, in-lieu payments for the construction of a new bus turnout and shelter, sidewalk improvements, circulation and access, circulation monitoring devices, drainage, utilities, landscaping, and the contribution towards the under grounding of utilities. Street improvements and right-of-way dedications are shown in detail on the Vesting Tentative Map and Landscape Plans contained in the project plans Sheets C-1 to C-3. All improvements will be installed by the applicant/developer and!or in- lieu payment will be required to cover the cost of required improvements. Maintenance of landscaping, private streets and common open space will be the responsibility of a Homeowners Association for the project. Conditions, Covenants and Restrictions (CC&Rs) shall be adopted to ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of the landscaping, irrigation, fences, walls, drainage, lighting, signs and other improvements in private common areas and within the adjacent street frontage right of way along Dublin Boulevard, Dougherty Road and Sierra Lane. The Developer shall submit a copy of the CC&R's document to the City for review and approval relative to this condition. Site Development Review: Site Development Review for the project includes approval of the location and design of all Tralee Project site features, including siting of buildings, on-site parking features, recreational and open space features, landscape plan and architectural design (elevations) of the townhouses and mixed-use building. While the Site Development Review includes parking layout and general siting for the commercial building on Lot 5, it does not include approval of the elevations. A separate Site Development Review will be required for approval of the commercial building on Lot 5. Architecture: The architecture of the project is a contemporary style, which is designed to relate to the surroundings including the Civic Center buildings to the west of the site. Building surfaces consist of brick and painted stucco with metal roofs. The mixed-use building elevations are very well articulated with varied rooflines 5 Db' \ that help break up the potential massiveness of the mid-rise buildings. The architecture detailing, forms and elements of the mixed-use project are carried through in the townhouse-style condominiums, as well as in the Village Green area, so that it feels like a fully integrated project. The elevations, prepared by the MVE Partners, are included in Sheets A-301 through A-308 of the Architectural Plans in the project plans. The colors and materials illustration is on Sheet A-101 of the project plans.) The townhouse-style buildings are placed in clusters of 4, 5 and 7 units that are arranged to face house entries into paseos, private and public streets, with access to each garage from common private drives. Most units include a small front balcony or porch in the first living floor area. Each unit includes two garage spaces. Side elevations are treated with the same level of detail as the front of the units. Some of the end units include a metered closet with louvered metal doors painted to match the main building. The affordable units have been integrated within the center portion of each building. As permitted by the Inclusionary Zoning Ordinance, the units are smaller (narrower) than the market rate units, but have been designed with the same number of bedrooms, bathrooms and decks/balconies. The sensitive use of design elements on elevations that face paseos, drives or streets contribute to an overall well-designed project. The development concept is depicted in the diagrams included in the Stage 2 Development Plans. A noise study was prepared by Rosen, Goldberg and Der, Accoustical Consultants, because of project's adjacency to two major arterials (Dublin Boulevard and Dougherty Road) and 1-580. The conclusion of the study indicates that the site is subject to noise levels of 65 and greater dBA along both arterials and also along Sierra Lane. Sound-rated building construction shall be utilized to achieve acceptable indoor noise levels per the State Building Code and the City's Noise Element. All residential units will require mechanical ventilation to allow the windows to be closed for noise control. Some porches along Dougherty Road and Sierra Lane and decks of units facing Dublin Boulevard and 1-580 would be exposed to a CNEL 65 or greater. In order to conform to the City's noise policies for exterior recreation areas, porches, balconies and decks that are exposed to CNEL of65 or greater (Buildings 1,2,3,5,5 10, 14, 18, 20,) would need to be partially or fully enclosed with glass. A condition of approval of the Site Development Review requires potential redesign as needed to meet the City's Noise policies. Additionally, the condition requires that an acoustical consultant shall review design of the residential units to ensure that the project meets the State Building Code and the City's Noise Element. Several other residential developments have been constructed in the City with partially enclosed balconies (Waterford, California Highlands). The Applicant has included alternative elevations for the Five-Plex units that might need to be fully enclosed to meet the Noise Element Standards in place at the time of approval of building permits for the project (See Sheet A-305). If the Stage 2 Development Plan is approved with such alternatives, the redesign of units would be considered a minor amendment and would only require review by to the Community Development Director. A condition of approval of the Site Development Review requires that the Applicant submit a new integrated master sign program for the entire site under separate application (See Condition of Approval #121 of Site Development Review). Parking/Streetscape: The residential component of the project establishes on-site parking requirements that are comparable to the requirements of Chapter 8.76 of the zoning ordinance, which sets for off-street parking standards where those standards are not set forth in the PD zoning. Where property is subject to a Planned 6 ~\\ Development, the parking requirements are set forth in the PD. The table below compares the proposed parking for the project in the PD and parking as required by the Chapter 8.76. Project Parking Use Proposed Parking Deficiency/ project parking required by Surplus Code Residential: Townhouses (garages) 266 258 +8 Apt/Condos 236 245 -9 (underground parking) Retail/Office 185 211 -26 Total: 687 714 -27 Parking for the townhouse residential development in the northern portion ofthe site is provided at a 2.0 ratio per residential unit. Each unit will have a two-car garage within the first level. The affordable units will have two garage spaces in tandem. Guest parking is provided at a ratio of 0.5 space per unit, comparable to the City Code. Non-designated guest spaces are primarily located along the main private streets. Parking for residents in the mixed-use, mid-rise buildings is provided in the underground parking structure. Guest parking is provided primarily in the parking structure with some guest parking provided along Tralee Village Drive. A total of 502 spaces are designated for the residents and guests where 503 spaces would be required by the Off-street Parking Code. Additionally, Sierra Lane can accommodate approximately 20 on-street parking spaces, which may be available to guests and residents ofthe project depending upon the amount of truck parking in the area from the industrial uses. A parking exhibit is provided on Sheet 6 of the project plans. Parking for the commercial retail office and restaurant uses is provided in the surface parking arca in (he front portion ofthe site, along the "Main Street", along Tralee Village Drive and along Bantry Bay Street. Parking as proposed for the commercial retail office uses includes 185 spaces. This is 26 spaces (or approximately 12% fewer than would be required were the project subject to the provisions of Chapter 8.76. The requirements of Chapter 8.76 are often used as a guide for setting the off-street parking requirements in PD zonings. At the request of the Applicant, a shared parking analysis was undertaken to determine peak demand periods for proposed project commercial retail office uses and the adequacy of shared (overlap) parking between the various commercial uses (Omni-Means 2002). An hourly summary of the project's parking demand was calculated using the Urban Land Institute research on peak hourly retail, restaurant and office parking demand. The analysis indicates that demand for shared retail/restaurant/office parking spaces would peak at 176 spaces (i.e., greatest parking demand) between 8:00 PM and 9:00 PM on a Saturday. During a typical Saturday, the restaurant peak parking demand would occur during the evening hours (6:00-10:00 PM). However, the retail peak parking demand would occur during the mid-afternoon between 2:00-4:00 PM and would decline as the evening hours approach. The peak demand for office uses would occur between 11 :00 AM and 1 :00 PM with seven parking spaces. Thus, the shared parking analysis indicates that the supply of 185 commercial- related spaces would meet the project's shared demand of 176 spaces when this demand peaks between 8:00 and 9:00 PM on a Saturday. The analysis factored in a maximum of 14,000 sq. ft. of restaurant use, 1,665 sq. ft. of office use, and 19,285 sq. ft. of retail use. Typically, restaurant would generate a greater demand for parking than retail use. Thus, any proposed changes in the area dedicated to restaurant will 7 d.b\ I require a re-assessment of the shared parking analysis to determine if the supply of parking will support any such changes. If the requirements of Chapter 8.76 were applicable, the project would be deficient by 27 parking spaces. This deficiency is primarily associated with the retail/office uses. One of the purposes of the Planned Development District is to provide for maximum flexibility and diversification in the development of property. Because this is a mixed-use project, the applicant is requesting flexibility in the application of parking standards based on the conclusions of the shared parking analysis that the proposed parking will adequately meet the parking demand for proposed uses of the site. Staff believes that the off-street parking is adequate based on the conclusions of the shared parking analysis and concurs with the Applicant's request. Walls: The Applicant proposes primarily three new types of walls/fences for this project. An ornamental 6 ft. concrete block fence is proposed along the northwestern perimeter of the site. This wall is required to provide separation between the light industrial use to the west and the new residential units. This wall would serve as a visual separation only. At 6 ft. in height, it is not intended as a sound barrier between uses. The landscape plan includes vines planted along the east side of the wall to soften its visual effect. A six-foot wall is proposed along Dougherty Road. The purpose of this wall is to create a separation between the busy arterial street and new homes facing or siding onto Dougherty for security reasons. The Applicant is proposing two alternatives, one includes a 4-foot stucco finish wall with 2-feet of metal work on top to match the architecture of the building, and brick pilasters evenly spaced along the wall. An alternative design consists of a metal picket fence option with brick pilasters. Both alternatives will include landscape planting in front along Dougherty Road. Staff requested that the Applicant provide these alternative designs to allow the Planning Commission and City Council to determine what is more appropriate for the Dougherty Road frontage. (See Sheet L-8 of project plans- - Landscape Images and Details). Staff is concerned that the more solid wall would create the sense of being "walled in". Conversely, the open rail wall addresses the security issues, while not obstructing views of the attractive architecture of the project. The locations of proposed walls are shown on PD Sheet L-3 - Landscape Layout and Materials Plan. The Planning Commission concurred with staff recommendation and is recommending that the design of the wall along Dougherty Road be of open rail design (Condition of Approval #48 of the Site Development Review). There is an existing wall along the common property line with the Gas Station at the comer of Dougherty Road and Dublin Boulevard. This wall provides a separation between the site and the car wash. The noise study for the project evaluated the potential noise impacts of the car wash to proposed residents and determined that the noise impacts from the car wash would not be significant. The residential buildings have been placed so that the side walls are facing the car wash. The Applicant is proposing to add a screen of landscaping to create a better interface between the wall and the two new residential buildings. Landscape Plan: The Preliminary Landscape Plans and Tree Disposition Plan are shown on Sheets L-1 through L-6 of the Development Plan. Project development would remove all ofthe 109 trees at the project site. None of the trees planned for removal are "Heritage Trees" as defined in the City's Tree Ordinance. There are no scenic resources at the project site; the project would not result in the degradation of scenic resources at the project site or immediate vicinity. New trees are proposed at a greater than 2:1 replacement ratio and are proposed primarily as 24-gallon with 36-inch box accent trees. Fifteen-inch gallon trees are proposed in smaller spaces and where otherwise appropriate for the space. Because the project existing street 8 ObI I frontage will be affected by the widening of Dublin Boulevard and Dougherty Road, existing street trees will be removed. The Landscape Plan for the project includes new trees along both streets. In addition, new street trees are proposed along Sierra Lane. Condition of Approval #61 of the Site Development Review, however, requires that during the preparation of construction documents, the consultants for the project shall review the possibility of preserving some of the existing trees on site specifically along Sierra Lane and the comer of Sierra Lane and Dougherty Road. The Landscape Plan provides a landscape design that includes a wide variety of street trees, shrubs, vines, perennials and groundcovers to form a coordinated landscape design for the project. Landscaping is of a formal nature, which is designed to enhance the development of the proposed urban village environment and integrate the two development areas. There is also a hierarchy in the placement of trees: the larger Oak trees are proposed along in the main Tralee Village Drive, and in the Village Green area, while Celtis sinensis are proposed along Bantry Way, and smaller species are proposed along the paseos. London Plane trees are proposed as street trees along Dougherty Road and Dublin Boulevard. Phoenix canariensis are proposed around the main entry at Dublin Court. Landscaping adjacent to the ground level retail areas will also incorporate large potted plants in planters. The project includes a large Village Green area, which will provide open space and recreational features for the residents. This area is located in a central area so that it is accessible to all residents. It includes a pool, a recreation room, a tot lot and a children's play area and open lawn. It has been designed not only as a focal point for the residents, but also has been designed as a focal visual element that can be seen from Dublin Boulevard. In addition, the project proposes five fountains: one at the entrance at Dublin Court, one on Tralee Village Drive in front of the Village Green area, one between mixed use Buildings 2 and 6, one in the pedestrian paseo between Townhouse Buildings 9, 10, 13 and 14, and one at the comer of Sierra Lane and Dougherty Road. Design of the fountains shall require review and approval by the Community Development Director. All five fountains will be maintained by a Homeowners Association for the project. Final siting and design of the comer fountain plaza at Sierra Lane and Dougherty Road will require review by the City Engineer to ensure that this feature meets site distance requirements and that it does not conflict with utilities. Additionally, the comer fountain plaza proposed on Sheet L-15 shows special paving that would encroach into the public right-of-way. This would require an encroachment permit from the City. Final design of all fountains shall be included in the final landscape plan for the project. The project also proposes a public art piece in front of Building 3 near the entrance of the project on Dublin Court. The Applicant will be working with the staff charged with coordination of public art in Dublin in the selection of the public art piece. Final design will be subject to approval by the Community Development Director, and the public art piece shall be installed prior to occupancy ofthe first tenant or resident. A pedestrian network provides access from the residential units to the common open space areas and the retail office component. The total common open space for the project includes approximately 138,689 sq. ft. or approximately 595 sq. ft. of open space per unit. The total amount of open space meets the minimum 30% of the residential site that would be required in the comparable RM District. The residential units also include individual balconies and porches. As indicated in the Architecture discussion regarding Noise sensitive receptors, some private recreation features shall need to be designed to conform to the City's Noise Element for outdoor recreation uses. Timing of Approvals: The Planning Commission considered the application at the June 22, 2004 Planning Commission Meeting. There was no testimony by the public. The Planning Commission voted unanimously to recommend approval of the Project with a recommendation that the applicant include an open fence design for the perimeter wall along Dougherty Road. 9 Vb' \ Although the Planning Commission is generally the approval body for the Site Development Review and Vesting Tentative Map, the Planning Commission voted to not take action on these items and send the entire package forward to the City Council for approval. Section 8.96.20.C.3 allows the Planning Commission to transfer original hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. This project is listed on the City Council's Goals and Objectives for Fiscal Year 2003-2004 as a high priority project. Therefore, it is important that the City Council take the final action on the entire Application. The Planned Development Rezone, Vesting Tentative Map and Site Development Review approvals will not become effective unless the associated General Plan Amendment is approved by City Council to add the mixed-use category in the primary planning area and to change the land use designation from retail office to mixed-use for the Tralee site. ENVIRONMENTAL REVIEW: Pursuant to the California Environmental Quality Act, the City prepared an initial study for the project, including the General Plan Amendment, Planned Development Rezone/Stage 1 PD, and Stage 2 PD and Site Development Review and Vesting Tentative Map to assess whether the project would result in any potential significant environmental impacts. The Initial Study (Exhibit A of Attachment 1) identified the following potential environmental impacts: · Potentially significant air quality impacts during construction. · Potentially significant impacts to unknown cultural resources · Project improvements may be subject to strong seismic ground shaking. · Presence of asbestos and PCBs in existing retail buildings · On-site erosion during construction activities; expansive soils. · Temporary noise impacts during construction activities. · Permanent noise impacts due to traffic and mechanical equipment. · Potentially significant access and circulation impacts. · Temporary construction traffic. · Potentially significant parking impacts for proposed retail-office uses. The Initial Study identified mitigation measures that, once implemented, would reduce the potential impact to the point where the net effect ofthe project is insignificant. Based on this, a Mitigated Negative Declaration and Mitigation Monitoring Plan are proposed for this project. The draft Mitigated Negative Declaration with Initial Study was filed with the Alameda County Clerk and circulated to applicable agencies for review and comment during a 20-day review period beginning May 10,2004. One letter of comment was received from Alameda County Floor Control and Water Conservation District (Zone 7) on May 31, 2004. Responses to this letter are included as part of Exhibit B to Attachment 1 and will become a part of the Mitigated Negative Declaration for the project. CONCLUSION: This application has been reviewed by the applicable City Departments and agencies, and their comments have been incorporated into the Stage 1 and 2 Development Plan and conditions of approval for Vesting Tentative Map and Site Development Review. The City Council will be considering a General Plan Amendment to add a Mixed Use category in the Primary Planning Area concurrently with the recommended change in land use designation for the subject site. With the change to the land use diagram, the proposed project would be consistent with the adopted Dublin General Plan. If the City lOotl\ Council does not approve the General Plan Amendments, any approvals they make on the project pursuant to this Staff Report will not be effective. The Planning Commission is charged with the approval of vesting tentative maps and site development reviews, while the City Council approves rezonings (Stage 1 and Stage 2 Development Plans) and general plan amendments. However, since this project was considered a high priority project in the City Council's 2003-2004 Goals and Objectives, the Planning Commission unanimously voted to transfer approval of the Vesting Tentative Map and Site Development Review to the City Council. All recommended project approvals are contingent upon approval of the text to add Mixed Use as a Category in the Primary Planning Area and related map amendments from Retail Office to Mixed Use as part of the second cycle of Genÿral Plan Amendments for 2004 that will be considered by the City Council as a separate item on this agenda. RECOMMENDATION: Staff recommends that the City Council 1) Hear Staff presentation; 2) Open Public Hearing; 3) Take testimony from the Applicant and the public; 4) Question Staff, Applicant and the public; 5) Close the public hearing and deliberate; 6) Approve the Mitigated Negative Declaration and Mitigation Monitoring Program; 7) Waive the reading and introduce the Ordinance (Attachment 2) approving the Planned Development (PD) Rezone/ Stage 1 and Stage 2 Development Plan (with project plans attached as Exhibits A) and continue the Public Hearing until the August 3, 2004 City Council Meeting; and, 8) Adopt the Resolution (Attachment 3) approving the Vesting Tentative Map 7457 and the Site Development Review. 11 D{)l' I 'Db 3Dt) RESOLUTION NO. 04 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************************************** ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE BANCOR PROPERTIES TRALEE PROJECT P A 02-062 WHEREAS, Bancor Properties (Applicant/property owner) has requested a General Plan Amendment to change the land use designation to Mixed-use, a PD rezoning with Stage 1 and Stage 2 Development Plan (DP) for the entire Tralee site for development of233 medium-high density dwelling units and up to 34,950 sq. ft. of retail office building space and related parking area, a Vesting Tentative Map and Site Development Review, which applications are on file in the Planning Division. The applications are collectively known as the "Project"; and WHEREAS, the Tralee property consists of approximately 10.61 acres generally located north of Dublin Boulevard and west of Dougherty Road, APN#941-0205-009-08, in the Dublin Primary Planning area; and WHEREAS, an Initial Study has been prepared to analyze the potential impacts of the project pursuant to CEQA Guidelines Section 15063. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated Monitoring Program have been prepared for the project with the finding that with the implementation of Mitigation Measures contained in the Initial Study, the potential impacts of the project would be reduced to a level of insignificance; and WHEREAS, the draft Mitigated Negative Declaration, including the Initial Study, was circulated for public review as required by CEQA. The draft Mitigated Negative Declaration, including the Initial Study, is attached as Exhibit A and incorporated herein by reference; and WHEREAS, the City received one comment letter on the project during the public review period, and prepared written responses to the comments. The comments and responses are attached as Exhibit B and incorporated herein by reference. The draft Mitigated Negative Declaration, including the Initial Study, and the comments and responses together are the Mitigated Negative Declaration for the project; and WHEREAS, the City reviewed all the comments and responses and determined that recirculation of the Mitigated Negative Declaration was not required; and WHEREAS, a Staff report, dated July 20, 2004 and incorporated herein by reference, described and analyzed Mitigated Negative Declaration and the Project for the City Council; and WHEREAS, the City Council reviewed the Staff report and the Mitigated Negative Declaration at a noticed public hearing on July 20, 2004 at which time all interested parties had the opportunity to be heard; and WHEREAS, the Mitigated Negative Declaration reflects the City's independent judgment and analysis on the potential for environmental impacts and constitutes the environmental review for the Bancor Tralee Project. Î - 2.0-. O~ úÞ. , ATTACHMENT I ~ NOW, THEREFORE, BE IT RESOLVED THAT the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED THAT the City Council finds the following: 1. The Mitigated Negative Declaration for the Bancor Tralee Project has been completed in compliance with CEQA, the CEQA Guidelines and the City of Dublin Environmental Guidelines. 2. On the basis of the whole record before the City, including the Mitigated Negative Declaration as described above, there is no substantial evidence that the Bancor Tralee Project will have a significant effect on the environment. 3. The Mitigated Negative Declaration, as described above, was presented to the Planning Commission who reviewed and considered the information therein prior to recommending approval of the Project. 4. The Mitigated Negative Declaration, as described above, reflects the City's independent judgment and analysis on the potential for environmental effects of the Bancor Tralee Project. 5. The custodian of the documents and other materials which constitute the record of proceedings for the Bancor Tralee Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, Attn: Jeri Ram, Planning Manager. BE IT FURTHER RESOLVED THAT the City Council adopts the Mitigated Negative Declaration consisting of Exhibits A and B, and adopt the Mitigation Monitoring Program consisting of Exhibit C. PASSED, APPROVED, AND ADOPTED this 20th day of July of 2004 by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\P A#\2002\02-062 Bancor Pak-n-Save- Tralee\CC Meeting\tralee.CC.mnd.reso.on004.doc 2 ,;1'1' ORDINANCE NO. xx-04 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY AND APPROVING A RELATED STAGE 1 AND 2 DEVELOPMENT PLAN FOR THE TRALEE PROJECT P A 02-062 The Dublin City Council does ordain as follows: SECTION 1: Findings A. Pursuant to Section 8.32.070 ofthe Dublin Municipal Code, the City Council finds as follows. 1. The Tralee PD-Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan, and uses creative design and a mix of complementary uses to establish the project as a focal point for the area. 2. Development of the Tra1ee Project under the PD-P1anned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the retail/office and medium-high density use of the site would utilize the close proximity ofI-580 freeway and adjacent to public roadways. The land uses and site plan provide effective transitions to the surrounding development of retail/office and residential. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows. 1. The proposed PD-Planned Development zoning for the Tralee Project will be harmonious and compatible with existing and potential development in the surrounding area in that the mixed-use would provide effective transitions to the surrounding development including retail office uses and multi-family residential uses. 2. The Site is a relatively flat, with existing infrastructure (including roads, sewer, storm drain, potable water, natural gas, and electricity) located immediately adjacent to the site with no major or unusual physical or topographic constraints and thus is physically suitable for the type and intensity of the proposed PD-Planned Development district. 3. The proposed PD-Planned Development zoning 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 in that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. 4. The PD-Planned Development zoning is consistent with the Dublin General Plan in that the project includes companion amendments that were approved by the City Council in Resolution XX-04 on ,2004, and which amendments proposed the land uses and development plan- reflected in the proposed PD-Planned Development district. 1 ATTACHMENT 2 '1$' C. Pursuant to the California Environmental Quality Act, the City Council adopted a Mitigated Negative Declaration for the Project and a mitigation monitoring plan in Resolution XX-04 on _, 2004, as required to support approval of the project, including approval of the PD-Planning Development zoning. SECTION 2: Pursuant to Chapter 8.32, Title 8 ofthe Dublin Municipal Code, the City of Dublin Zoning Map is amended to rezone the following property ('the Property") to a Planned Development (PD) Zoning District: Approximately 10.61 acres on north side of Dublin Boulevard and west side of Dougherty Road known as the Tralee Project and more specifically described as APN#941-0205-009-08 ("the Property"). A map of the rezoning area is shown below: '"<:""\ ..~.........,.,,'" ..._--~,-~ .-"-' .,""""""'---..........,""'& .< I _____~-n..~---·.....~ .... _ :~~~--=:~~ ~~~.:.-o~=--~~}"_. ,:~'" .~ '/V \ /;;~!y : /.::;1/ f IIIlMI!M # .:'// / ' ~,.:;~:/ 'I / /1 (fß?Y" ,:' ! / )<1 ~/ tf'1 JI;! .~: / I / ill I A~~ I f ~ / ill . I PD(Miud-UIC) - .~'"7'-I /... I" I ~A F-¡j:,/ 1!1 II , -""'..........-r) t ,/ !ii æ¡:~ i// !/L-w:- 1/ Irr ~ ~ ~ iii -=--ìA .~j;~I::._......, , . ~ / \ '" --' \ -LJ _", . ",. -:_"-__,,,:,,:::"~ _ _ ~:::-::1!I!JD!!l':'~:::--' ' '..,.,..._.. !,dUll' "~J . ~"^".,-",,..,.,.~ ..- .-:,~-'.:-:::~-'.~- .... ,""- .... ,. ::::= DUBUN 13\.vÐ '" '\ 1/ I~;";' ¡ I: v i I 'i / '.\ ~\~ t \ . '&\~. COMt.tERCJA.J. / l~AIl .~~._~.................~......... -~~-'''''--'-''~~--~~~ .-- ,..-.........- _.~.," - ' --.;:::-?~ -:~\\ Ii I,'. ,r',,;, ~' (,~ ~ \ ". ~ ':, SECTION 3. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 and 2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 1 and 2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. 2 e;¡o Stage 1 and 2 Development Plan for Tralee This is a Stage 1 and 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for a Stage 1 and 2 Development Plan and is adopted as part of the PD-P1anned Development rezoning for the Tralee, P A 02-062. The Stage 1 and 2 Development Plan consists of the items and plans identified below, many of which are contained in the document entitled "Exhibit A-I (project plans)", dated June, 2004 which is incorporated herein by reference. The PD-Planned Development District and this Stage 1 and 2 Development Plan provide flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Statement of proposed uses. The Development Plan for the Tralee Project provides for the development of a 10.61 acre site as a mixed use development 2. Zoning: PD Planned Development Zoning District. This is a mixed-use zoning district which provides for retail commercial, service, restaurant, and multi-family residential uses. 3. Permitted Uses: Permitted uses shall generally be guided by the list of permitted uses in the CN District and RM Districts, except as specifically modified and/or listed below: Commercial retail office: shall be permitted on the ground level only of mixed use buildings in Lot 4 and the free-standing building in Lot 5 (area south of Tra1ee Village) of the Tra1ee Project, except that they may not be allowed in any of the townhome residential units: a. Commercial retail: Local-serving retail uses including but not limited to: Shopping Center; Grocery Food Store; General Merchandise Store; Discount/Warehouse Retail Store; Clothing/Fashion Store; Shoe Store; Home Furnishing Store; Office Supply Store; Home ApplianceÆlectronic Store; Home Improvement Store; Music Store; Hobby/Special Interest Store; Gifts/Specialty Store; Jewelry and Cosmetic Store; Drug Store; Auto Parts Store; Toy Store; Book Store (except adult bookstore); Pet Supplies Store (Including in-Store Veterinary Clinic); Sporting Goods Store; and Similar Uses that sell goods based on price and quality. b. Office and service establishments including, but not limited to, the following: Bank/Savings and Loan; Real Estate/Title Office; 3 ?17 Travel Agent; Legal; Accounting; Optometrist; Architect; Employment Agency; Hair/Beauty Salon; Cleaner and Dryer; Repair Shop (non-automotive); Catering Establishments; Studios/Photographers/ Artists; Key Shop; Tailor; Formal Wear/Rental; Other Administrative and Professional Office; Technology Access Center; and Tele-Commuting Center. c. Eating, drinking and entertainment establishments including the following: Restaurant (full-service, sit-down) 1; Restaurant (convenience): Delicatessen, Bakery, Ice Cream Shop, Sandwich Shop, (does not include drive-through)l; Outdoor Seating 2; Wine or Liquor Bar with On-Sale Liquor License; and Residential uses: The following residential uses_shall be permitted in upper level of mixed use buildings in Lot 4, on the lower level of mixed use building in Lot 4 facing Tralee Village Drive and in Lots 1,2, and 3 (north of TraleeVillage Drive and east of Bantry Way): a. Multi-Family residential and associated uses including - the following: Home occupations (per Chapter 8.64); Multi-family dwelling (Townhouse, condominiums); Underground!Multi-story parking structure; Private recreation facility/Clubhouse (for homeowners' association and!or tenants use only; and Rental/Sales Management Office. 1. Under the proposed tenant mix for Tralee, sit-down restaurant and convenience restaurant uses would account for a maximum of 14,000 square feet of net floor area. Prior to approving a tenant improvement / City business license for additional restaurant floor area within Tralee, the applicant shall provide evidence to the satisfaction ofthe Community Development Director that parking available at the center is adequate to support additional restaurant uses 2. Subject to Site Development Review Waiver approval by Community Development Director. 4. Conditional Uses: The following are conditional uses in uses in this Planned Development Zoning District for the ground level only of mixed use buildings in Lots 4 and the free-standing building in Lot 5 (area south of Tralee Village) of the Tralee Project. These uses may not be allowed in any of the residential units in Lots 1,2,3 and 4. 4 qq Community, Religious and Charitable Institutional Facilities; Public Facilities and Uses; Veterinary Office; Recycling Center; In-Patient and Out-Patient health Facilities as Licensed by the State Department of Health Services; Massage Establishment; Gas Station; Automobile Sales; Automobile Service; Bed and Breakfast Inn; Hotel/Motel; Day Care Centers; Medical and Dental; Vending Machines; Instructional Facilities; Athletic Club; Micro-Brewery; Nightclub; Indoor Movie Theater; Video Arcade/Rentals; Outdoor Food Vendors (by Zoning Administrator); and Sidewalk Sales (by Zoning Administrator). 5. Dublin Zoning Ordinance - Applicable Requirements: Except as specifically modified by the provisions of this PD District Rezone/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in the PD District Rezone. 6. Site Plan & Architecture: See attached site plans and building elevation contained in Exhibit A- I, Development Plan. This development plan applies to approximately 10.61 acres shown on this plan on the west side of Dougherty Road, north side of Dublin Boulevard, and south side of Sierra Lane. Any modifications to the project shall be substantially consistent with these plans and of equal or superior materials and design quality. 7. Density: The Maximum square footage/number of dwelling units of the proposed development under this Development Plan (as shown on Development Plan (Exhibit A-I), Sheets 4 & 5) are as follows: Mixed-Use {Lots 4, 5} 4.72 Acres Gross 34,950 Sq. Ft. ofleasable Commercial Uses 130 Residential Units FAR between 0.3 and 1.0 Mu1tifamily/ Townhouse- Style Residential {Lots 1,2,3) 5.89 Acres Net 103 Residential Units FAR between 0.3 and 1.0 5 0;" 7. Phasing Plan: Project may be built in two phases. The first Final Map will subdivide the 10.61- acre parcel. Separate condominium map(s) will be filed for the Townhouse-style residential and Mixed-Use portions of the project. Due to longer anticipated processing time to obtain building permits for the Mixed-Use portion of the project, the Townhouse-style project may begin first (Phase 1) and the Mixed-Use project may follow (Phase 2). 8. Mixed Use Development Standards: The Site Standards of the proposed development under this Development Plan (as shown on the Development Plan (Exhibit A-I), Sheets 4 &5) are as follows: Development Standards Neighborhood Commercial (Lots 4 and 5) Minimum Lot Size N/A Parcel Depth N/A Parcel Width N/A Minimum building setback from face of 20'_0,,17 curb - Dublin Boulevard Minimum building setback from face of 5' _0"1,2 curb- Private Streets Minimum building setback from non- 10' -0" 17 street project property lines Building Height 60' -0" Site Coverage 100% Office Parking 1/250 s.f: Retail Parking 1/300 s.e Restaurant Parking - 1/100 s.f: MinimumIMaximum floor area ratio 0.30-1.0~ 1. The setback zon<:s shall be fully landscaped with both hardscape, (private sidewalks and other hard surfaced areas) and suftscape (trees, shrubs, ground cover, etc.) 2. Exceptions to above setback requirements are the following: a. Architectural Projections (such as columns, fireplaces, bay windows, window seats, second floor overhangs, balconies, decks, porches, building facades at entries) and planter boxes may encroach up to a maximum of five feet into the required setback. b. Freestanding signage as pennitted in the Master Sign Program. c. Outdoor seating areas may encroach up to a maximum offive feet into the required setback. 3. The number of parking spaces required for a structure or use is based on the leasable floor area of the structure or use the parking selVes. 9. Townhouse-style Multifamily Residential Development Standards: The Site Standards of the proposed development under this Development Plan (as shown on the Development Plan (Exhibit A-I), Sheets 4 & 5) are as follows: Development Standards Multi-Family Residential Lots 1, 2,& 3 N/A N/A N/A 10' -0" Lot Size Parcel De th Parcel Width Minimum building setback from face of curb - Sierra Lane Minimum building setback from face of curb - Doughert Road 20' -0" , 6 Minimum building setback from non- street ro' ect ro ert lines Minimum setback between residential buildin s Usable Open Space (Townhome) Usable Open Space (Mixed Use Condominium) Maximum Building Height Maximum Stories Required Parking: Studio/One Bedroom Units: Two or More Bedroom Units: Tandem Parking: Compact Spaces: Minimum/Maximum floor area ratio toD 10' -0" 10'0' One covered and one guest for each two dwelling units. Two covered and one guest for each two dwelling units. Two-car tandem spaces are permitted in underground parking garage and private garages. 35% oftotal spaces, maximum 0.30-1.0 1. The setback zones shall be fully landscaped with both hardscape, (private sidewalks and other hard surfaced areas) and softscape (trees, shrubs, ground cover, etc.) 2. Exceptions to above setback requirements are the following: a. Architectural Projections (such as columns, fireplaces, bay windows, window seats, second floor overhangs, balconies, decks, porches, building facades at entries) and planter boxes may encroach up to a maximum offiv"" feet into tht: required setback. b. Freestanding signage as pennitted in the Master Sign Program. 3. Floor area ratios are at ultimate project build-out 10. Parking/Garage and Loading: Parking/Garage and Loading shall be provided in accordance with the Dublin Zoning Ordinance standards and regulations, except as shown otherwise on the Site Plan (Exhibit A-20l). The number of parking spaces shall be provided in accordance with sections 8 and 9 above. 11. Architectural Design Guidelines, Concepts & Themes: Implementation of the following standards is required: Architecture associated with a specific corporate entity is not permitted. As an exception, corporate architecture may be considered if it is consistent with the design and intent of Tralee as shown below and presented in these Architectural Design Guidelines. Unique, but consistent architecture that is in keeping with the theme of the project shall be a requirement for all structures on the project site. Concept and Character: . The architecture shall complement the style of the surrounding buildings and landscaping in Tralee; 7 lol · Common design elements from the surrounding buildings in Tralee shall be incorporated into the individual building design; · The goal for the center is to evoke the feeling of an urban village as opposed to a suburban shopping center or apartment complex. Form and Massing: · Building design shall employ varied forms to break down the scale of larger buildings to create a consistent streetscape and urban village environment; · Building design shall provide for transitional spaces such as trellises, arcades, pergolas, etc. between indoor and outdoor areas; · Wall planes shall provide variations in thickness and offsets to avoid the look of large open expanses of blank walls. Large bay windows, metal canopies, and metal railing may be utilized to further vary the wall plane. Building Height: · Building heights will vary throughout the project. Refer to Sections 8 & 9 above for height limits in this district. Building Entries: · Primary building entries shall be visible from the streets, plazas, and courtyards. · Landscaping and signage shall be designed to highlight the entry. · Enhanced paving or integral colored concrete are encouraged at the building entries. · A strong connection between the street and sidewalk and the building entry shall be provided. Fenestration: · Openings in walls and or doors shall be recessed into or projected from the building walls to provide and enhanced level of detail. · Individual punched openings and!or bay windows are encouraged instead of continuous lengths of storefront or windows. · Metal storefront and window frames shall be primed and painted to generally match the approved color palette of colors, but distinct accent colors and signage are encouraged in order to create unique storefront and lively Main Street and retail center. Materials: · The primary wall surface material shall be painted stucco, brick or EIFS finish system when finished to match stucco and brick facades. · Wall accents shall be brick, printed plaster and!or precast concrete medallions. · Cornice molding caps shall be painted plaster, GFRC or EIFS. The finish shall match the exterior wall finish. · Sheet metal flashing shall be painted to match the adjacent surface. · Decorative columns shall be brick, precast concrete or GFRC. · Trellis elements shall be metal or wood. · Decorative brackets at cornice shall be stained wood. · Awnings and canopies shall be of an approved metal or fabric with painted metal frames. Colors and Textures: 8 lo¿., · The color and texture of building materials shall complement surrounding buildings in Tra1ee. · Colors and textures shall be as shown on the approved color and material board (on file at the Dublin Planning Department) for Tralee. Minor variations are acceptable provided that they are in keeping with the spirit of the overall Design Guidelines. · Unique accent colors are encouraged in order to vary the streetscape, but shall generally remain in the same family of approved colors. Roof Forms and Materials: · Flat roof forms with parapets, rounded, and pitched standing seam metal roofs are the primary roof forms for Tralee. · Accent elements such as comer towers or entry features are encouraged. These features may have flat pitched or rounded metal roofs. The metal-roofing shall match the approved roofing for Tralee. · Decorative cornice molding is encouraged at parapet walls. · Larger overhangs may be used at accent areas and may be supported by decorative wood brackets. 12. Master and Preliminary Neighborhood Landscaping Plan: Refer to attached conceptual landscape plan included in Exhibit A-I, Development Plan, Sheets L1-L16. The Guzzardo Partnership. All Project monumentation and entry signs shall conform to Sheets L-6 and L- 7, Preliminary Landscaping Images and Details of the Project Plans. A Final Landscaping Plan will be required to be submitted and approved prior to building permit issuance 13. Inclusionary Zoning Ordinance: Applicant / Developer shall comply with the provisions of the City Inclusionary Zoning Regulations through the approval and execution of an Affordable Housing Agreement prior to Final Map approval. In accordance with the Inclusionary Zoning Regulations, the developer/builder shall provide 12.5% or 29 inclusionary housing units available to very low, low and moderate income households as part of the development, and shall enter into an agreement with the City to impose appropriate resale controls and rental restrictions on the units, prior to recordation of final map. 14. Compliance with related Planning Approvals: The Applicant / Developer shall comply with all related Site Development Review, Tentative Parcel Map and future Master Sign Program. 15. General Plan Consistency. Tralee project includes a General Plan amendment which modifies General Plan maps and text for the project. The project PD-zoning and this Stage 1 and 2 Development Plan shall not be effective until the above general plan amendments are approved and effective. 16. Aerial Photo. See Sheet 2 of Exhibit A-I (project plans). 17. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 1 and 2 Development Plan, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the CN and RM Districts ofthe Dublin Zoning Ordinance pursuant to section 8.32.060.C. 9 ... /tf)}> 18. Statement of compatibility with Stage 1 Development Plan. The Stage 2 portion of this Development Plan is consistent with the Stage 1 portion of this Development Plan. SECTION 4. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 5. This ordinance shall take effect and be enforced thirty (30) days from and after its passage and after the effective date the Tralee Project General Plan amendment. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this _ of ~ 2004, by the following votes: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\P A#\2002\02-062\PC\pd ord.doc 10 v ¡(,pI RESOLUTION NO. - 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ************************************* APPROVING THE VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR TRALEE DEVELOPMENT PROJECT PA 02-062 (Tract No. 7457) WHEREAS, Mike Banducci of Bancor Properties, Applicant/property owner, has requested approval of a General Plan Amendment, Planned Development Rezoning Stage 1 Development Plan and Stage 2 Development Plan for the Tralee mixed-use project, a Vesting Tentative Map for subdivision of a 10.61 acre site located on the north side of Dublin Boulevard into 5 lots and Site Development Review to allow the demolition of an existing shopping center and to provide for the construction of 233 high- density units and up to 34,950 square feet of commercial retail office building with common open space in two phases, within the Dublin General Plan Primary Planning Area (APN#941-0205-009-08); and, WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and, WHEREAS, the Applicant/Owner has submitted Vesting Tentative Map and Site Development Review project plans for the entire site (Exhibit A to Attachment 2), PUD Sheets 4 through 6 by Carlson, Barbee & Gibson, Sheets L-1 through L-16 by The Guzzardo Partnership, Architectural Sheets by MVE Partners A-101 through A-503 and Vesting Tentative Map sheets C-1 through C-3 by Carlson, Barbee & Gibson dated received June 4, 2004, except as modified by any condition of approval; and WHEREAS, an Initial Study has been prepared for the potential impacts of the project pursuant to CEQA Guidelines Section 15063. Based on the Initial Study, a Mitigated Negative Declaration and Mitigated Monitoring Program has been prepared for the project with the finding that with the implementation of Mitigation Measures contained in the Initial Study, the potential impacts of the project would be reduced to a level of insignificance. The Planning Commission recommended approval of the Mitigated Negative Declaration and Mitigation Monitoring Program by Resolution 04-49 on June 22, 2004; and WHEREAS, the Planning Commission determined that, because the project was considered by the City Council as "high priority" in its 2003-2004 Goals and Objectives, it should therefore transfer original hearing jurisdiction to the City Council as provided for in Chapter 8.96, Section 8.96.20.A.3 of the Dublin Zoning Ordinance. In conjunction with this action, the Planning Commission recommended the approval of the Project; and WHEREAS, the City Council did hold a public hearing on said application July 20,2004; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that City Council approve the Vesting Tentative Map and Site Development Review for the Tra1ee project, subject to conditions; and ATTACHMENT 3 j(py' 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 makes the following findings and determinations regarding General Plan consistency: 1. A General Plan Amendment from Retail Commercial to Mixed Use and a PD Rezoning with related Stage 1 and a Stage 2 Development Plan have been proposed along with the Tentative Map and Site Development Review applications, and are recommended for approval based for reasons stated in the Staff Report. If the City Council approves the proposed General Plan Amendment, the land use diagram would be changed to Mixed-Use for approximately 10.61 acres to reflect the mixed use consisting of retail, office, restaurant and high-density residential for 233 residential units. 2. The Tralee mixed-use project approvals are not effective until such time as the General Plan Amendment to redesignate the subject property to mixed-use is approved by City Council. 3. With the change to the land use diagram, the proposed project would be consistent with the adopted Dublin General Plan. The proposed project is also consistent with the goals, policies, and implementation measures of the Dublin General Plan, and with the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE City Council makes the following findings and determinations regarding said proposed Vesting Tentative Map: 1. The Vesting Tentative Map is consistent with the intent of applicable subdivision regulations and related ordinances. 2. The design and improvements of the Vesting Tentative Map are consistent with and conform to the City's General Plan policies as they apply to the subject property in that it is a subdivision for implementation of a mixed-use retail office/residential project in an area designated for Mixed Use. 3. The Vesting Tentative Map is consistent with the Planned Development Rezone proposed for this project and is, therefore, consistent with the City of Dublin Zoning Ordinance. 4. The project site is located adjacent to major roads on relatively flat topography and is, therefore, physically suitable for the type and density of development. 5. With the incorporation of mitigation measures contained in the Initial Study, Mitigated Negative Declaration and Conditions of Approval, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. 6. The design of the subdivision will not conflict with easements acquired by the public at large or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. 7. Required fire protection and water service will be provided to the subdivision pursuant to the requirements of water and fire protection providers, if standards and conditions are met and 2 ILo .? fees paid. Sewer service for this subdivision shall be provided pursuant to an agreement between the Applicant/developer and DSRSD. School capacity for the residents of this project will be provided pursuant to a school facilities mitigation agreement between the developer and the Dublin Unified School District prior to issuance 6fbuilding permit, as required by city code. 8. The City of Dublin has considered the effect of this project on the housing needs ofthe region in which it is situated and finds that the public services are available for the project and that impacts to environmental resources will be mitigated to a level of less than significant pursuant to the Mitigated Negative Declaration for the project (P A02-062). 9. The City of Dublin finds that this project does not discharge waste into an existing community sewer system in violation of existing requirements prescribed by a California regional water . quality control board pursuant to Division 7 ofthe Water Code because the Dublin San Ramon Services District has provided conditions of approval, which assure that its standards will be met. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE City Council makes the following findings and determinations regarding said proposed Site Development Review: 1. The approval of this application (PA 02-062), as conditioned, is consistent with the intent/purpose of Chapter 8.104 (Site Development Review) of the Zoning Ordinance in that it will promote orderly, attractive and harmonious site and structural development, resolves major project-related issues, and ensures compliance with development regulations and the PD Zoning District. 2. The approval of this application, as conditioned, complies with the policies of the General Plan, and the Planned Development Rezone and related Development Plan for the project that allows for mixed use consisting ofretail,'officc, restaurant and residential development at this location. 3. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans because road improvements and infrastructure improvements will be made pursuant to a Stage 2 Development Plan and Tentative Map conditions. 4. The approval of this application, as conditioned, is in the best interests of the public health, safety, and general welfare as the development is consistent with all laws and ordinances and implements the Dublin General Plan. 5. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety, and similar elements, as conditioned, has been designed to provide a harmonious environment for the development. 6. The subject site is physically suitable to the type and intensity of the approved development because it is relatively flat and has suitable soils. 7. The project has been designed with architectural considerations (including the character, scale, design quality, and the relationship among buildings), along with Conditions of Approval, in 3 I Ú?4f order to ensure compatibility among the design of this project, the character of adjacent uses, and the requirements of public service agencies. 8. Landscape elements (including the location, type, size, color, texture, and coverage of plant materials, provisions, and similar elements) combined with Conditions of Approval have been established to ensure visual relief and an attractive public environment. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve the Vesting Tentative Map and Site Development Review for PA 02-062 subject to the following Conditions of Approval and subject to the adopted Mitigated Negative Declaration and Mitigation Monitoring Program for PA 02-062 and subject to City Council approval of the proposed General Plan Amendment to Mixed Use and PD Rezoning with related Stage 1 and Stage 2 Development Plan: CONDITIONS OF APPROVAL: Unless stated othenvise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attorney, [B] Building division of the Community Development Department, [DSR] Dublin San Ramon Services District, [F] Alameda County Fire Department/City of Dublin Fire Prevention, [FIN} Finance Department, [PL] Planning division of the Community Development Department, [PO] Police, [PW] Public Works Department. VESTING TENT A TIVE MAP 7457 1. Approval of any plan or filing affinal map Approval. PA 02-062, Bancor Properties. - Tralee, Vesting Tentative Map 7457 is recommended for approval to subdivide an existing 10.61 acre parcel into five individual lots for a mixed-use development consisting of approximately 35,000 sq. ft of commercial, office and restaurant use, 233 flat and townhouse-style condominiums, and common open space. The approval shall conform generally to the plans, text, and illustrations contained in the Planned Unit Development Plans dated received June 4, 2004, including Sheets I through 7, prepared by Carlson, Barbee & Gibson, Inc. (June3, 2004) the Landscape Plans Sheets L-I through L-16 prepared by The Guzzardo Partnership, Inc. (June 3 2004), the Architectural Plans Sheets A-IOl through A-503 prepared by the MVE (June 3, 2004), and the Vesting Tentative Map prepared by Carlson, Barbee & Gibson, Inc., Sheets C-l through C- 3 (June 3, 2004), and other plans, programs, texts and diagrams submitted as part of the subdivision proposal on file in the Community Development Department unless modified by the Conditions of Approval contained herein. The Vesting Tentative Map is only effective upon approval by the City Council of the proposed conforming General Plan Amendment for the project and the proposed PD rezoning with Stage I and Stage 2 Planned Development. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of PW, PL building permit issuance, including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood 4 Various times, but no later than Issuance of Building Pemits 2. 1(p6 AGENCY and Water Conservation District (Zone 7) Drainage and Water Connection fees. Any fee credits associated with the existing use shall be calculated and credited at the time fees are assessed. 3. Ordinances/General Plan/Policies. The Developer shall comply with, meet, PW, PL and/or perform all requirements of the Subdivision Map Act, City of Dublin Subdivision Ordinance, City of Dublin Zoning Ordinance, the City of Dublin General Plan, City of Dublin Standard Conditions of Approval, Public Works Policies and City grading ordinance unless certain Public Works requirements are modified by the City Engineer and Planned Development Standards for Tract 7457. Approval of Final Map and Prior to Issuance of Building Pennits Clarification and Changes to Conditions. In the event that there needs to be PW clarifications to these conditions of approval, the City Engineer has the authority to clarify the intent of these conditions of approval to the ApplicantlDeveloper without going to a public hearing. The City Engineer also has the authority to make minor modifications to these conditions without going to a public hearing in order for the ApplicantlDeveloper to fulfill needed improvements or mitigations resulting from impacts of this project. ENVIRONM£NTAL·MITICÄTION Approval of Final Map and Improvement Plans 4. :'«~,:):: . ;.'¡ 5. Action ProgramslMitigation Measures. ApplicantlDeveloper shall comply with all applicable action programs and mitigation measures of the Mitigated Negative Declaration (MND) and Mitigation Monitoring Program for PA 02-062. 6. Vesting Tentative Subdivision Map 7457. The Applicant/Developer shall prepare Final Map(s) subdividing the property into the configuration, size and number of lots shown on the Vesting Tentative Subdivision Map 7457 in accordance with the requirements of the Subdivision Map Act and City of Dublin standards. The map shall be reviewed and approved by the City EngineerlPublic Works Director prior to recordation. Improvement Agreement and Security. Pursuant to § 7 .16.620 of the Municipal PW Code and Subdivision Map Act §66499, the ApplicantlDeveloper shall enter into an Improvement Agreement with the City for each phase of the development concurrent with Final Map approval to guarantee required public and site improvements. Improvement Security must be posted to guarantee the faithful performance of the required improvements and the payment for labor and materials. Such Security shall be in the form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate surety authorized to do business in California. The amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of the required work. The amount of the Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost ofthe required work. The Applicant/Developer shall provide an estimate of these costs for approval by the City EngineerlPublic Works Director with the first submittal of the final map and improvement plans for checking. Approval of Final Map 7. 5 Ilt:> GP 8. Phasing. The construction of the project may occur in multiple phases. The PL, PW Applicant/Developer shall provide improvement security and construct all physical improvements within each phase for adequate utility services, parking, vehicle circulation, and pedestrian access. 9. Vesting Tentative Map Expiration. The Vesting Tentative Map shall be PW effective for two and one-half years, as set forth in the Dublin Municipal Code and in the regulations of Section 66452.6 of the Subdivision Map Act, unless extended pursuant to the Subdivision Map Act and local Ordinance. Title Report. A current preliminary title report together with copies of all recorded PW easements and other encumbrances and copies of Final Maps for adjoining properties and off-site easements shall be submitted for reference as reasonably deemed necessary by the City Engineer/Public Works Director during review of the final map/parcel map. Conditions to be Satisfied Prior to Final Map Approval. In recognition of the PW Subdivider's right to file multiple final maps within the boundary of the Vesting Tentative Map, the City EngineerlPublic Works Director shall have the authority to determine which conditions must be satisfied prior to any individual Final Map approval Obsolete Private and/or Utility Easements. Permanent structures shall not be PW constructed within existing private and/or utility easements unless authorization is granted by the easement beneficiary. Private easements that are no longer necessary based on the new site configuration shall be extinguished or modified as necessary by the Applicant/Developer to eliminate the conflict. Easements that may need to be extinguished/modified include, but may not be limited to: a. Anchor Easement on Lot 4 (recorded as Series No. 98-184788). Ifthe Subdivider is unable to get PG&E approval to extinguish the easement prior to approval of the Grading Permit for the project, the Subdivider shall design and construct improvements in compliance with the easement requirement. Easement Dedications. Applicant/Developer shall dedicate easements on the PW final map, by separate instrument, or with a CC&R document as follows: a. Reciprocal sanitary sewer, water, and/or utility easements across the five new parcels, unless otherwise encumbered by easements granted to specific utility providers pursuant to their requirements. b. Reciprocal private access easements across the five new parcels, unless otherwise provided in the Covenants, Conditions, and Restrictions. c. Public sidewalk easements granted to the City of Dublin for all sidewalks and access ramps serving the public sidewalk that extend outside of the public right-of-way. d. Public emergency vehicle access easement (20'-minimum width) granted to the City of Dublin at locations dictated by the Fire Marshal. e. Ten feet wide Public Service Easement along project frontage on Dougherty Road and Dublin Boulevard or as necessary to accommodate existing or reasonably anticipated future utility infrastructure. f. Five feet wide Public Service Easement (except where buildings interfere) alon ro'ect fronta e on Sierra Lane or as necessa to accommodate 10. 11. 12. 13. 6 Approval of improvement plans and prior to occupancy of affected building N/A Approval of Final Map Approval of Final Map Approval of Final Map Dedicate on Final Map I", 1 14. existing or reasonably anticipated future utility infrastructure. g. Public Traffic Signal Easement across the traffic signal detector loops and appurtenant equipment at the southbound exit lane for the Dublin BoulevardlDublin Court intersection. h. Additional areas may be needed to be dedicated to any other easements deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. 1. Reciprocal storm drain easement or drainage release across the five new parcels. Parkland Dedication. The developer shall pay Public Facilities Fees in the PW amounts and at the times set forth in City of Dublin Resolution No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount ofthe Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195w99. Establishment of Right-of-Way Lines for Dublin Boulevard and Dougherty PW Road. The City is currently developing a Right-of-Way Alignment along Dublin Boulevard and Dougherty Road to reserve sufficient right-of-way to accommodate the Dublin Boulevard and Dougherty Road intersection improvements according to the City's Capital Improvement Project (CIP) 96852. To accomplish this, the City will establish a rightwofwway alignment pursuant to Municipal Code Chapter 7.68 and prepare an Initial Study for the intersection improvement project. Because the right-of-way alignment has not yet been established, the Applicant/Developer shall make minor adjustments to the subdivision configuration and any proposed improvements to accommodate the adopted rightwof-way lines if the lines differ from the right-ofMway alignment shown on the Vesting Tentative Map or Site Development Review exhibits. Right-of-Way Acquisition and Dedication. The right-ofwway required to widen PW Dublin Boulevard and Dougherty Road along the property frontages pursuant to the City's Capital Improvement Project (CIP) 96852 must be irrevocably dedicated to the public by the Applicant/Developer, without reimbursement from the City. Approval of Final Map Approval of Final Map 15. Approval of Final Map 16. Approval of Final Map 17. Oversized Building Area: The owner of the required side yard used to allow for an oversized building shall file an agreement binding such owner, his heirs, and assignees, to set aside the required yard as unobstructed space having no improvements. Such agreement shall be recorded in the Alameda County Recorder's Office. 7 \ ~ '6 SITE DEVELOPMENT REVIEW œ A#02-062) 1. Approval. P A 02-062, Bancor Properties - Tralee Site Development Review is recommended for approval to allow demolition of an existing commercial shopping center and construction of approximately 35,000 sq. ft. of commercial office, retail and restaurant building space and 233 flats and townhouse style condominium residences, and a common open space and recreation area. This Site Development Review includes a recommendation of approval for the location of a restaurant building on Lot 5, but does not include approval of the architecture. The approval shall confonn generally to the plans, text, and illustrations contained in the Planned Unit Development Plans dated received June 4, 2004, including Sheets 1 through 7, prepared by Carlson, Barbee & Gibson, Inc. (June 3, 2004), Sheets L- I through L-16 prepared by The Guzzardo Partnership, Inc. (June 3, 2004), the Architectural Plans Sheets A-I 00 through A-503 prepared by the MVE Partners (June 3,2004), and the Vesting Tentative Map prepared by Carlson, Barbee & Gibson, Inc., Sheets Cwl through C-3 (June 3, 2004), and all plans, programs, texts and diagrams submitted as part of the Stage 1, Stage 2 Development Plan, Tentative Map and Site Development Review proposal on file in the Community Development Department unless modified by the Conditions of Approval contained herein. The Site Development Review is only effective upon approval by the City Council of the proposed confonning General Plan Amendment for the project and the proposed PD rezoning with Stage 1 and Stage 2 Planned Development. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of PW, PL building permit issuance, including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees. Any fee credits associated with the existing use shall be calculated and credited at the time fees are assessed. Standard Conditions The project shall comply with the City of Dublin Site PL, B Development Review Standard Conditions. Site Development Review for Commercial Pad (Lot 5): A separate Site PL Development Review - shall be required for the freestanding commercial pad labeled as "Lot 5 - Commercial Building". To assure continuity with the mixed- use nature of the property, the SDR for the freestanding restaurant shall incorporate the same materials and massing as the existing center. Slight variations shall be allowed but the Applicant/developer shall create a consistent architectural theme for all buildings on the site. Term. Approval of the Site Development Review shall be valid for one year from PL .effective date of permit approval. If construction has not commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon detennination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (A Hcant/Develo er must submit a written re uest for the extension rior to the On-going Prior to Issuance of Building Penn its 2. Various times, but no later than Issuance of Building Pennits 3. On-going 4. Prior to Issuance of Building Pennit for restaurant on Lot 5 5. 8 1(;1 7. Vesting Tentative Map Conditions: In the event the Developer/Applicant PW decides not to file final maps pursuant to Vesting Tentative Subdivision Map 7457, the following Conditions of Approval will become obligations of the Site Development Review approval: Improvement Agreement and Security. Pursuant to §7 .16.620 of the Municipal PW Code and Subdivision Map Act §66499, the ApplicantfDeveloper shall enter into an Improvement Agreement with the City for each phase of the development to guarantee required public and site improvements. Improvement Security must be posted to guarantee the faithful performance of the required improvements and the payment for labor and materials. Such Security shall be in the form of cash, a certified or cashier's check, a letter of credit, or surety bonds executed by the ApplicantJDeveloper and by a corporate surety authorized to do business in California. The amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of the required work. The amount of the Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the required work. The ApplicantJDeveloper shall provide an estimate of these costs for approval by the City Engineer/Public Works Director with the first submittal of the improvement plans for checking. 9 Prior to Approval of Improvement Plans by City Engineerl Public Works Director ,,:,":: +::::,(:~ Easement Dedications. Applicant/Developer shall dedicate easements by separate instrument or with a CC&R document as follows: a. Reciprocal sanitary sewer, water, and/or utility easements across the five new parcels, unless otherwise encumbered by easements granted to specific utility providers pursuant to their requirements. b. Reciprocal private access easements across the five new parcels, unless otherwise provided in the Covenants, Conditions, and Restrictions. c. Public sidewalk easements granted to the City of Dublin for all sidewalks and access ramps serving the public sidewalk that extend outside of the public right-of-way. d. Public emergency vehicle access easement (20'-minimum width) granted to the City of Dublin at locations dictated by the Fire Marshal. e. Ten feet wide Public Service Easement along project frontage on Dougherty Road and Dublin Boulevard or as necessary to accommodate existing or reasonably anticipated future utility infrastructure. f. Five feet wide Public Service Easement (except where buildings interfere) along project frontage on Sierra Lane or as necessary to accommodate existing or reasonably anticipated future utility infrastructure. g. Public Traffic Signal Easement across the traffic signal detector loops and appurtenant equipment at the southbound exit lane for the Dublin Boulevard/Dublin Court intersection. h. Additional areas may be needed to be dedicated to any other easements deemed reasonably necessary by the City EngineerlPublic Works Director during final design and/or construction. i. Reciprocal storm drain easement or drainage release across the five new parcels. Obsolete Private and/or Utility Easements. Permanent structures shall not be constructed within existing private and/or utility easements unless authorization is granted by the easement beneficiary. Private easements that are no longer necessary based on the new site configuration shall be extinguished or modified as necessary by the Applicant/Developer to eliminate the conflict. Easements that may need to be extinguished/modified include, but may not be limited to: a. Anchor Easement on Lot 4 (recorded as Series No. 98~184788); If the Subdivider is unable to get PG&E approval to extinguish the easement prior to approval ofthe Grading Permit for the project, the Subdivider shall design and construct improvements in compliance with the easement requirement. 10 \1'0 Priórto: Prior to Approval of Improvement Plans by City Engineer! Public Works Director Prior to Approval of Improvement Plans by City Engineer! Public Works Director \ 1 \ Establishment of Right-of-Way Lines for Dublin Boulevard and Dougherty Road. The City is currently developing a Right-of-Way Alignment along Dublin Boulevard and Dougherty Road to reserve sufficient right-of-way to accommodate the Dublin Boulevard and Dougherty Road intersection improvements according to the City's Capital Improvement Project (CIP) 96852. To accomplish this, the City will establish a right-of-way alignment pursuant to Municipal Code Chapter 7.68 and prepare an Initial Study for the intersection improvement project. Because the right-of-way alignment has not yet been established, the Applicant/Developer shall make minor adjustments to the subdivision configuration and any proposed improvements to accommodate the adopted right-of-way lines if the lines differ from the right-of-way alignment shown on the Vesting Tentative Map or Site Development Review exhibits. Right-of-Way Acquisition and Dedication. The right-of-way required to widen Dublin Boulevard and Dougherty Road along the property frontages pursuant to the City's Capital Improvement Project (CIP) 96852 must be irrevocably dedicated to the public by the Applicant/Developer, without reimbursement from the City. Prior to Approval of Improvement Plans by City Engineer/ Public Works Director Oversized Building Area: The owner of the required side yard used to allow PL, PW for an oversized building shall file an agreement binding such owner, his heirs, and assignees, to set aside the required yard as unobstructed space having no improvements. Such agreement shall be recorded in the Alameda County Recorder's Office. Prior to Approval of Improvement Plans by City Engineer! Public Works Director Prior to Approval of Improvement Plans by City Engineer/ Public Works Director PÁ1lKING 8. Parking. Applicant/Developer shall provide parking in compliance with the PD Stage 2 Development Plan (PUD Sheet 5). Recreational Vehicle Parking. Recreation vehicle (as defined in the Dublin PL, PW Zoning Ordinance) parking shall be prohibited on public streets and along the main private street of the project. Signs shall be posted to that effect. Completion of Improvements 9. Acc.:ptance of Improvements by City Council 10. Architectural drawings: Residential and commercial buildings shall comply with the architectural drawings submitted by MVE Partners (June 3, 2004). Final colors shall be reviewed by the City's Architect and approved by the Community Development Director, and shall generally conform to the colors and materials approved for the Tralee project PA 02-062, on file in the City of Dublin Department of Community Development. Porches/decks: Porches/decks: Porches or decks exposed to a CNEL of 65 or PL greater dBA as identified in the Noise Study by Rosen, Goldberg and Der dated March 16,2004 shall be designed to be partially or fully enclosed (as recommended in the submitted Noise Study) to help mitigate this potential impact. Final designs of the residential units and the acoustical noise attenuation are subject to review and approval by the Community Development Director. final approval shall require a written statement by a licensed acoustical consultant confirming that the units as designed and any acoustical screening have achieved the City's interior living and exterior recreation noise goals. Prior to Issuance of Building Permits II. Prior to Issuance of Building Pennits 11 11 "2..- 13. Disabled parking: Proposed parking plan for disabled access will have its final Prior to review for conformance to the CA Building Code. Issuance of Building Permits 14. Height of buildings: Applicant has agreed to supply information to the building PL, B, PW Prior to department on the height of the building as proposed. Issuance of Building Permits 15. Street names: Street names shall be submitted for review prior to approval of the B Prior to final map. The current proposed names are not approved at this time. Please see Issuance of Section 7.08.030 ofthe Dublin Municipal Code (DMC) for requirements of Building Permits suffixes to street names. 16. Townhouse plans B, The dining room is proposed to share light and ventilation B Prior to from the living room. The adjoining wall shall be a minimum of 50% open and Issuance of unobstructed. Currently a fireplace is shown at what appears to be an option, this Building Permits may not be permitted by code. This item will be reviewed during the building permit application stage. 17. Building Codes and Ordinances All project construction shall conform to all B,PL Through building codes and ordinances in effect at the time of building permit. Completion 18. Retaining Walls: All retaining walls over 30 inches in height and in a walkway B,PL Through shall be provided with guardrails. All retaining walls over 24 inches with a Completion). surcharge or 36 inches without a surcharge shall obtain permits and inspections from the Building Division 19. Phased Occupancy Plan: If occupancy is requested to occur in phases, then all B,PL Prior to physical improvements within each phase shall be required to be completed prior Occupancy of to occupancy of any buildings within that phase except for items specifically any affected excluded in an approved Phased Occupancy Plan, or minor handwork items, building) 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 in each phase, and shall substantially conform to the intent and purpose ofthe subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Each building in the phase shall have its own entrance and exit. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 20. Building Permits: To apply for building permits, Applicant/Developer shall B,P,PW Prior to submit eight (8) sets of construction plans to the Building Division for plan check. Issuance of Building Each set of plans shall have attached an annotated copy of these Conditions of Permits Approval. The notations shall clearly indicate how all Conditions of Approval will or have been com lied with. Construction lans will not be acce ted without the 12 11~ annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 21. Construction Drawings: Construction plans shall be fully dimensioned (including B,PL Prior to building elevations) accurately drawn (depicting all existing and proposed Issuance of conditions on site), and prepared and signed by a California licensed Architect or Building Permits Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 22. Air Conditioning Units: Air conditioning units and ventilation ducts shall be PL Prior to screened from public view with materials compatible to the main building. Units Occupancy of shall be permanently installed on concrete pads or other non-movable materials to Units approved by the Building Official and Director of Community Development. 23. Temporary Fencing: Temporary Construction fencing shall be installed along B,PW Through perimeter of all work under construction. completion 24. Addressing. B Prior to Issuance of a. Provide a site plan with the City of Dublin's address grid overlaid on the Building plans (1 to 30 scale). Highlight all exterior door openings on plans (front, Pennits, rear, garage, etc.). (prior to release of addresses) release of addresses, b. Provide plan for display of addresses. The Building Official and Director occupancy of of Community Development shall approve plan prior to issuance of the units and through first building permit. (prior to permitting) completion c. Addresses will be required on the front ofthe dwellings. Addresses are also required near the garage door opening if the opening is not on the same side of the dwelling as the front door. (Prior to permitting) d. Town homes / Condos are required to have address ranges posted on street side of the buildings. (Occupancy of any Unit). e. Address signage shall be provided as per the Dublin Residential Security Code. (Occupancy of any Unit). f. Provide a site plan with the approved addresses in 1 to 400 scale prior to approval or release of the project addresses. (prior to permitting) g. Exterior address numbers shall be backlight and be posted in such a way that they may be seen from the street. (prior to permit issuance, and through completion) h. Provide proposed locations for an illuminated diagrammatic map of the complex at each entrance to the multi-family homes as required by section 732.220(a)(2) Dublin Municipal Code. 25. Engineer Observation. The Engineer of record shall be retained to provide B Ongoing observation services for all components of the lateral and vertical design of the during construction building, including nailing, hold-downs, straps, shear, roof diaphragm and and written structural frame of building. A written report shall be submitted to the City reDort Drior to Inspector prior to scheduling the final frame inspection. scheduling the final frame inspection. 26. Addressing: An approved unit-numbering plan shall be incorporated into the B,P Prior to construction drawin s. Si a e for each unit and hallwa si na e shall be Issuance of 13 /1+ approved as part of the Master Sign Program. Exterior address numbers shall be backlight and be posted in such a way that they may be seen from the street. 27. Tot Lot: Entrance to the Tot Lot play area shall be made accessible to the B disabled. 28. Number of Restrooms: Clubhouse(s) shall be provided with the number of water B closets and lavatories as prescribed by the Uniform Plumbing Code in effect at the time of permitting. The occupancy number shall take into account the adjacent Swimming Pool, Spa and Play areas. Accessory Buildings and lor Structures: Building permits are required for all B accessory buildings and I or structures. This includes but is not limited to fountains, swimming pools, spas, clock towers, sound walls, and mail kiosks. To apply for building permits, Applicant/Developer shall submit eight (8) sets of construction plans to the Building Division for plan check. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. Loft Areas: Loft areas shall meet the requirements for bedrooms for smoke B, F detectors and window egress. Smoke detectors shall be located, at a minimum, at the top of the stairs and in the 10ft area (this shall not be the same smoke detector). 29. 30. 31. Under-Floor Area: The under floor area appears to be useable space and therefore B, F will be required to meet the 1 hour fire resistive requirements under section 712 Uniform Building Code (UBC). 32. Adaptable Dwelling Units: All single floor units shall be adaptable units per the B CBC building pennit and through completion Prior to Prior to Issuance of Building Penn it Prior to Issuance of Building Pennit Prior to Issuance of accessory Building Pennit Prior to Issuance of Building Permit Prior to Issuance of Building Pennit Prior to Issuance of Building Pennit EMERGENCVSERVICJjS- ALAMEJ)AC(!J~ 33. Emergency Vehicle Access (EVA): An EVA is required for driveway E and the first 150 feet of driveways F. 34. Emergency Vehicle Access Improvements: In accordance with the ACFD F 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 ofthe City Engineer and the ACFD. (All emergency vehicle access roads (first lift of asphalt) and the public water supply including all hydrants shall be in place prior to vertical construction or combustible storage on site). Fire apparatus roadways shall have a minimum unobstructed width of20 feet (14 feet for one way streets) and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE - CVC 22500.1 ". (CFC 1998, Section 1998). 14 Prior to Issuance of Building Pennit Combustible construction or combustible storage on site. 11G ··41. 35. Automatic Sprinklers- Automatic sprinklers shall be provided throughout the F buildings as required by the Dublin Fire Code. If the buildings have over 100 sprinklers the system shall be monitored by UL listed central station. ACFD rules regulations and standards. Applicant/Developer shall comply with F all Alameda County Fire Department (ACFD) rules, regulations, City of Dublin standards, including minimum standards for emergency access roads and payment of applicable fees including City of Dublin Fire facility fees. Fire hydrants. The Applicant/Developer shall construct all new fire hydrants in F accordance with the ACFD and City of Dublin requirements. (Prior to combustible construction or combustible storage on site). Final locations of fire hydrants shall be approved by the ACFD in accordance with current standards. The minimum fire flow design shall be 1500 gallon per minute at 20 psi residual (flowing from a single hydrant). Raised blue reflectorized traffic markers shall be epoxied to the center ofthe street opposite each hydrant. Sufficient fire flow is required based on building construction and size. Addresses: Approved numbers or addresses shall be placed on all new and F, P 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 background. Fire extinguishers: Provide 2AlOBC fire extinguishers within 75 ft travel distance F of portions of the buildings. An approved sign in accordance with Uniform Fire Code shall be conspicuously posted above the extinguisher. Occupancy of any affected building Through completion Start of combustible construction. Prior to Occupancy of any affcctcd building Prior to Occupancy of any affected building. Prior to Occupancy of Units .On-going Prior to Occupancy of Units 36. 37. 38. 39. 40. Fire alarms: Provide fire alarm systems in the buildings as required by the F California Building Code. Code Compliance: The project shall be in compliance with the Uniform Building F, B and Fire Codes as adopted by the City of Dublin. 42. Knox boxes: Knox boxes are required at the entrance to the building and at any gates in the Fire Department access roads. F 43. The Developer shall comply with all applicable City of Dublin Residential and Commercial Security Ordinances and the Dublin Uniform Building and Security Codes: a. Parking Garage Security System with Surveillance Camera with on site video recording. b. A secure parking structure as required in 7.32.230 (h)(1) Building Sec.Code, requiring Electronic Key Pad Entry including Opticom Sensors for patrol car and fire truck access. c. Security telephone with 24 hour monitoring capability as required in 7.32.230 (h)(3) Building Sec.Code. d. Insure emergency services radio transmit and receive capabilities in the parking structure. e. Lighting as required by Section 7.32.230(c)(10) Building Sec. Code. 15 Prior to Occupancy of Units lÎt.ø 44. Illuminated Addressing is required on Residences, Garages, and Commercial Prior to Stores. Occupancy of Units 45. A Commercial lighting plan is required with point by point photometric PO,B Prior to measurements. The plan is to include the lighting transition tTom commercial to Issuance of residential. Building Penn its 46. Final Landscape and Irrigation Plans: Final Landscape and Irrigation Plans Approval of prepared and stamped by a State licensed landscape architect or registered Improvement engineer, generally consistent with the preliminary landscape plan prepared by The Plans; Landscaping to Guzzardo Partnership, dated June 3, 2004, except as modified by Conditions of be Constructed Approval below, along with a cost estimate ofthe work and materials proposed, Prior to shall be submitted for review and approval by the Community Development Acceptance of Director. Landscape and irrigation plans shall be at a scale not less than 1" =20'. Improvements or Prior to Key areas such as major intersections and plazas shall be at a scale not less than 1" Occupancy of = 10'. First Unit in affected Phase 47. Western Project Wall: Provide a six-foot pre-cast concrete project wall. The 3'- PL Prior to 6" wide planter adjacent to the project wall shall be planted to appropriately screen Issuance of the wall per the detail on Sheet L-7. Building Permits 48. Project Wall along Dougherty Road: The design of the perimeter wall along PL Prior to Dougherty Road shall consist of a metal fence design with brick pilasters. The Issuance of open rail wall addresses the security issues, while not obstructing views of the Building Permits attractive architecture of the project. 49. Air Conditioner Units: All Air Conditioning units shall be screened from view PL,B Approval of with metal work and planted with vines to the satisfaction of the Community Improvement Development Director and City's Consulting Landscape Architect. This includes Plans AC units in planters as well as on porches. Approval of Certificates of Occupancy shaH be dependent upon satisfactory screening of the AC units per the approved plans. Submit materials, colors and finish for the proposed screening of the AC units 50. Landscaping of Walls and Trash Enclosures: The Applicant/Developer shaH PL Prior to screen all walls and the sides of waHs surrounding trash enclosures with Occupancy of landscaping. The trash enclosure(s) shall have solid roof. first Unit in affected Phase 51. Utility Screening: All above grade utilities shaH be screened from view with PL,PW Approval of either walls, metal work and/or plant material to the satisfaction of the Community Landscape Development Director. Plans/Construe tion, Prior to Occupancy of first unit 52. Metal Work: The design of the metal work shall be coordinated with the design PL, Approval of of the architectural metal work used at the residential patios. Landscape Plans 53. Interior Sidewalk standards: Construct 6' wide sidewalks to provide for a PL,PW Approval of minimum unobstructed width of 4' where sidewalks are adjacent to head-in Landscape parking. Plans 54. Landscape / Parking Curbs: AHlandscape areas along the side of a parking PL,PW Approval of s ace shaH have a 12-inch wide curb - Zonin Ordinance 8.76.070 A 19). All Landscape 16 III other landscaped areas shall be bordered by a concrete curb that is at least 6 inches high and 6 inches wide. All landscape planters within the parking area shall maintain a minimum 5-foot radius, or be 2 feet shorter than adjacent parking spaces to facilitate vehicular maneuvering. 55. Screening of Parking: View of parking shall be screened from adjacent road with PL, Approval of wall and landscaping to achieve an immediate 30 inch tall screen from the finish Landscape grade ofthe parking stalls as viewed from the adjacent major road. W all( s) shall Plan match building in color, materials and design, and shall be softened with planting. 56. Existing Trees: During the preparation of construction documents the consultants PL,PW Approval of shall review the possibility of preserving some of the existing trees on site Landscape specifically along Sierra Lane. and the comer of Sierra Lane and Dougherty. Plans 57. Landscaping at StreetJDrive Aisle Intersections: Landscaping shall not obstruct PL,PW Approval of the sight distance of motorists, pedestrians or bicyclists. Except for trees, Landscape landscaping at drive aisle intersections shall not be taller than 30 inches above the Plans curb. Landscaping shall be kept at a minimum height and fullness giving patrol officers and the general public surveillance capabilities of the area. 58. Parking Landscape Planters: Landscape planters in the front of parking spaces PL,PW Approval of shall provide a minimum two-feet clear to any tree Landscape Plans 59. Additional Paving and Pots: Where the width of a planter is less than 6 feet, Approval of special paving such as stone may be employed in combination with pots or tree Landscape guards to protect planting, if necessitated by the design. Plans. Landscaping to be installed prior to acceptance of occupancy of first unit in aff~cted phase 60. Parking Area Tree Wells: Tree wells shall be centered on parking stripes PL,PW Approval of wherever possible. Tree wells placed in front of parking spaces shall provide a Landscape minimum 3' clearance to the tree trunk. Tree wells shall be fitted with ornamental Plans cast iron tree grates. Tree grates must have narrow openings to conform to handicap standards and meet the approval ofthe City Engineer. 61. Landscaping: Applicant! Developer shall construct all landscaping within the site PL,PW Approval of and along the project ftontage from the face of curb to the site right-of-way to the Landscape design and specifications of the City of Dublin, and to the satisfaction of the Plans Director of Public Works, Director of Community Development and City's Consulting Landscape Architect, or pay an equivalent amount to the City to build the sidewalks and install street trees along the frontages. Street tree varieties of a minimum 24" box from the approved street list shall be planted along all street frontages and shall be shown on the Landscaping Plans. Exact tree locations and varieties shall be reviewed and approved by the Director of Public Works 62. Stormwater Filtering Area: Applicant! Developer shall construct stormwater PL,PW Prior to filtering areas to the satisfaction of the Director of Public Works, Director of Acceptance of Community Development and City's Consulting Landscape Architect. site improvements 63. Landscaping: All planting material shall be installed in accordance with the PL,PW Approval of landscape plan and plant schedule included in the Landscape Plans dated June 3, landscape 2003 by The Guzzardo Partnershi . Modifications in sizes and amounts oftrees plans 17 11~ 64. and shrubs shall require approval by the Community Development Director. Maintenance of Landscaping: All landscaping materials within the public right- PL, PW 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, or submit payment in lieu of constructing said improvements in an amount determined by the City Engineer/Public Works Director. This maintenance shall include weeding, the application of pre-emergent chemical applications, and the replacement of materials that die. Any proposed or modified landscaping to the site, including the removal or replacement of trees, shall require prior review and written approval from the Community Development Director. Installation of Landscaping and Parking Lot Improvements: All landscaping PL, PW and parking lot improvements shall be installed prior to occupancy ofthe buildings. Water Efficient Landscaping Ordinance: The Applicant/Developer shall submit PL, PW written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City's Water Efficient Landscaping Ordinance. Irrigation System: The irrigation system shall be designed to allow for the future PL, B installation of turf in those areas designated as decomposed granite. The irrigation design shall provide for an automatic underground system with head to head coverage so that overspray is kept to a minimum. Fountain Design: Final design of all of the fountains shall be subject to approval PL by the Community Development Director prior to installation. Prior to Acceptance of site improvements Prior to Occupancy of units Prior to Acceptance of improvements Approval of Landscape Plan Approval required prior to installation Approval. required prior to installation; completion prior to first occupancy x 65. 66. 67. 68. 69. Public Art: The Applicant shall coordinate with staff during the design of the public art piece. Final siting and design of the public art piece will require approval by the Community Development Director prior to installation. PL 70. Traffic Study. The Applicant/Developer shall comply with the recommendations of the traffic report dated April 28, 2004 prepared by Omni-Means Consultants. Said traffic report requires the following: a. In order to ensure orderly and unobstructed circulation of trucks through the site, appropriate signage shall be provided throughout the site clearly indicating which streets are to be used by trucks. Trucks shall be prohibited on Main Street and 20' wide residential driveways A, B, C, D and F. Truck access at the central driveway on Dublin Boulevard shall be prohibited for all trucks. Similarly access for trucks 50' in length and larger shall be limited to the driveway on Dougherty Road, at Dublin Court entry on Dublin Boulevard and at the two driveways on Sierra Lane. The large trucks shall be prohibited on Village Center Drive, Bantry Bay Street, Main Street, and all the 20' wide residential driveways (Driveways A through F). b. The east-west internal drive aisle [Village Center Drive] just north of project entrance off of Dublin Boulevard shall be stop-sign controlled in both directions, both at the full-access drivewa at Dublin Court and at the 18 Prior to Acceptance of improvements by City Council or Prior to Issuance of occupancy penn its for effected phase. \1Þr mid~block limited access driveways. c. Temporary truck construction traffic hours of operation shall be limited to non~peak periods between 9:00 a.m. and 4:00 p.m. In addition, the Subdivider shall submit a construction safety management plan to be reviewed by the City to ensure safe truck ingress~egress and any additional measures (flagmen) that may be required. d. A parking Management Plan shall be implemented by the Subdivider to clearly identify the commercial~retail parking spaces and any planned time limitations. 71. Bus Shelter. The Applicant/Developer shall install a bus turnout and a shelter per LA VT A standards on Dublin Blvd. In lieu of installing a bus turnout, shelter, and associated sidewalk improvements, the Applicant/Developer shall pay to the City the estimated cost of these features within 30~days written notice of completion of the Dublin Boulevard/Dougherty Road Improvements by City's Capital Improvement Project (CIP) 96852, or at the time of final acceptance of the subdivision improvements, whichever occurs first. The City suggests the Appl icant consider providing or funding the cost of a shelter that is consistent with the design by Dan Dykes previously used for shelters installed in the Downtown area of Dublin Boulevard. CMU Screen Wall. The Applicant/Developer shall replace or supplement the existing mid height CMU [Concrete Masonry Unit] Screen Wall along the north side of the car wash with a 6 foot high wall. The type of finish and design shall be as approved by the Community Development Director. 72. 73. Utility Structures. The Applicant/Developer shall coordinate with the City for the proposed improvements on Dublin Boulevard, Dougherty Road and Sierra Lane as to the locations of PUEs, utility structures and vaults. The Applicant/Developer shall coordinate the design of landscaping within the PUE along Dublin Boulevard and Dougherty Road frontages with the undergrounding of the overhead utilities to be completed by the City. Traffic Signal Equipment. The Applicant/Developer shall relocate/reinstall any traffic signal equipment and signal loops which are damaged or to be relocated, with no reimbursement from the City. The Applicant/Developer shall install a closed circuit television (CCTV) camera and associated improvements for the traffic signal at Dublin Boulevard/ Dublin Court intersection for the City's remote monitoring and management of traffic flow on the street system. 74. PW, LAVTA PL,PW PW,PL PW Improvement and Grading Plans. All improvement and grading plans submitted PW, PL to the Public Works Department for review/approval shall be prepared in accordance with the approved Tentative Map, these Conditions of Approval, and the City of Dublin Municipal Code including Chapter 7.16 (Grading Ordinance). When submitting plans for review/approval, the Applicant/Developer shall also fill~out and submit a City of Dublin Improvement Plan Review Checklist (three 8~ 1/2" x 11" pages). Said checklist includes necessary design criteria and other pertinent information to assure that plans are submitted in accordance with established City standards. The plans shall also reference the current City of Dublin Standard Plans (booklet), and shall include applicable City of Dublin 1m rovement Plan General Notes (three 8-1/2" x 11" a es . For on~site 19 75. As required by LAVTA but not later than acceptance of improvements by City Council Prior to Issuance of Occupancy Pennit(s) for each phase of development Approval of Improvement Plans by City Engineer! Public Works Director Prior to Issuance of Occupancy Pennit(s) for each phase of development that relies on this intersection for access Prior to Issuance of Grading/Site work Pennit lísO NO. improvements, the Applicant/Developer shall adhere to the City's On-site Checklist (eight 8-1/2" x 11" pages). All ofthese reference documents are available from the Public Works Department (call telephone 925-833-6630 for more information). 76. Grading/Sitework Permit. All site improvement work and public right-of-way PW,PL Prior to work must be performed per a Grading/Sitework Permit issued by the Public Issuance of Grading/Site Works Department. Said permit will be based on the final set of improvement work Pennit plans to be approved once all of the plan check comments have been resolved. Please refer to the handout titled Grading/Site Improvement Permit Application Instructions and attached application (three 8-1/2" x 11" pages) for more information. The Applicant/Developer must fill in and return the Applicant information contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance, although the Applicant! Developer will be responsible for any adopted increases to the fee amount. 77. Demolition. Demolition shall include the complete removal of all surface and PW Prior to subsurface structures. If any of the following are encountered: concrete, septic Approval of tanks, storm inlets, foundations, asphalt, machinery, equipment, debris and trash, grading plan these shall be removed. All trees shall be properly grubbed to remove the major root system. All known underground structures shall be located on the grading plans so that proper removal can be carried out. 78. Finished Grades. All finished grades shall provide a positive gradient to an PW Prior to adequate discharge point in order to provide a rapid removal of surface water Issuance of Grading/Site runoff away from the foundations. No ponding of water shall be allowed on the work Permit pad or adjacent to the foundations. Surface drainage shall be provided as designed and approval of by the project Civil Engineer and maintained by the propertY owner at all times. plans 79. Non Engineered Fills. Non engineered fills at the eastern portion of the site shall PW On-going be removed and placed back as engineered fiU and compacted per the through out recommendations ofthe Geotechnical investigation. Contingencies shall be made construction for the possibility of encountering old fill material deeper than 2.5 feet in the area. During demolition, additional subsurface investigation of the site consisting of excavating a number of backhoe test pits shall be carried out to provide a better evaluation of the presence and extent of old fill. 80. Survey Control. Survey monuments shall be set in finished public and private PW Prior to streets and at designated property corners or other control points in accordance Acceptance of with the final maps recorded for this project, and as required by the City improvements! release of EngineerlPublic Works Director. Said street monuments shall be set within a bonds by City tolerance of twenty (20) seconds for any angle and I in 10,000 feet for distances Council between monuments as required by Municipal Code §9.20.040. Pursuant to Subdivision Map Act §66497, the surveyor of record shall, within five days after the final setting of all monuments, give written notice to the City Engineer/Public Works Director that the final monuments have been set. The Applicant/Developer shall then present evidence to the City EngineerlPublic Works Director of the payment and receipt of payment by the surveyor of record for the monument setting. 8l. Building Pad Certification. The Developer shall provide the Public Works Dept. PW Prior to with a letter from a registered civil engineer or surveyor stating that the building Issuance of building pads have been graded to within 0.1 feet of the grades shown on the approved pennit(s) for Grading Plans, and that the top & toe of banks and retaining walls are at the each phase of locations and/or Site Development Review shown on the approved Grading Plans. development. 20 I g I 82. Storm Drainage Study. ApplicantJDeveloper shall prepare a Storm Drainage PW Study for the properties and roads to be developed/constructed with the project. The Study, including a hydrology map and hydraulic calculations, shall include an analysis of existing and proposed pipes within the watershed as necessary to verify the adequacy ofthe storm drain design. The Study must demonstrate that design flows do not adversely impact existing hydraulics upstream or downstream of the project, or that identified impacts will be mitigated with improvements to the City's pipe network, or Zone 7's channel network. Storm Drain Improvements. All storm drain improvements and mitigation PW measures identified in the Storm Drain Study and/or specified by the City Engineer/Public Works Director shall become requirements ofthis project. Prior to issuance ofthe first Certificate of Occupancy for any building that is part of the Project, the storm drainage systems off-site as well as on-site serving the areas to be occupied shall be improved to the satisfaction and requirements of the Dublin Public Works Department applying City's and Zone 7 Water Agency's standards and policies. Ifnot shown on the Vesting Tentative Map, an inlet or manhole shall be provided at the right-of-way line to delineate the boundary between City and private maintenance of the pipes. The ApplicantJDeveloper shall take measures to prevent damage to existing 48" storm drain lines within the project during and after construction. Overland Storm Drain Flow. To accommodate potential overland flow, the PW parking lot grading and on-site storm drain system shall be designed to convey· storm water overland to public street right-of-way without inundating the buildings in the event the pipe network becomes plugged. 83. 84. 85. FEMA Flood Zone. According to the Flood Insurance Rate Map published by PW FEMA (Community Panel Number 060705-0001 B) the site is entirely located with Flood Zone X. All proposed structures must be elevated at least l~foot above this flood elevation, or the structures shall be f1ood~proofed. The underground parking garage shall be drained using sump pumps designed per City requirements. Erosion Control during Construction. Applicant/Developer shall include an PW Erosion and Sediment Control Plan with the Grading and Improvement plans for review and approval by the City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually maintained pursuant to the City's NPDES permit between October I st and April 15th or beyond these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public Works Director. Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice ofIntent (NO!) has been sent to the California Regional Water Quality Control Board (RWQCB) per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. Water Quality/Best Management Practices. Pursuant to the Alameda PW Countywide National Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional Water Quality Control Board (RWQCB), the ApplicantJDeveloper shall design and operate the site in a manner consistent with the Start at the Source publication, and according to Best Management Practices to minimize storm water pollution. In addition to any proposed biofiltration swales, in-line filtration devices may be necessary to serve runoff areas that will not drain to biofiltration swales due to radin constraints. 86. 87. 21 Prior to Issuance of Grading/Site work Penn it. Prior to Issuance of Grading/Site work Pennit Prior to Issuance of Grading/Site work Permit Prior to Issuance of Grading/Site work Pennit Prior to Issuance of Grading/Site work Pennit and during construction. Prior to Issuance of Grading/Site work Permit Iß~ 88. All trash dumpsters and recycling area enclosures that are not located inside the apartment building shall have roofs to prevent contaminants from washing into the storm drain system. The Applicant shall file a Notice ofIntent (NOI) with the RWQCB and shall prepare and submit a Storm Water Pollution Prevention Plan (SWPPP) for the City EngineerlPublic Works Director's review/approval. Finally, all storm drain inlets serving vehicle parking areas and not draining into bio-swales shall be fitted with Filter Devices to remove Hydrocarbons and other contaminants and stenciled "No Dumping - Flows to Bay" using stencils available from the Alameda Countywide Clean Water Program. Storm Water Treatment Measures Maintenance Agreement. PW Applicant/Developer shall enter into an agreement with the City of Dublin that guarantees the property owner's perpetual maintenat\ce obligation for all storm water treatment measures installed as part ofthe project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003-0021 for the reissuance ofthe Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. Covenants, Conditions and Restrictions (CC&Rs). An Association shall be PW formed by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the name of the association, ownership of the private access roads, the restrictions on the use or enjoyment of any portion ofthe access roads for maintenance and/or access, and the bylaws, rules and regulations of the Association. Prior to recordation, said CC&R document shall be reviewed by the City for compliance with this Condition. The CC&Rs shall address the following: ,LMaintenan..:e ofthc private access roads, any common utilities, and any common areas, including the Plaza area. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all commonly owned facilities. In the event that any area falls into a state of disrepair or fails to meet the Performance Standards established by the CC&R's, the City will have the right but not the obligation to take corrective measures and bill the Association for the cost of such repair and corrective maintenance work plus City overhead. The Declaration shall specify that, as it pertains to the maintenance of the above-listed items, it cannot be amended without the consent of the City. 2. The private access roads shall be posted in accordance with California Vehicle Code Section 22658, Sections I and 2. 3.0wners and residents of the Tralee project shall be informed of the noise exposure levels along Dublin Boulevard, Sierra Lane and Dougherty Road, and of potential uses that may occupy the adjacent site to the west. Additionally, Sierra Lane allows for truck parking for adjacent uses or other trucks overnight. The above requirements shall be included in the project CC&Rs. Prior to Issuance of Occupancy Pennit(s) for each phase of development Prior to Acceptance of improvements by City Council 89. 22 l~~ 90. Construction Noise Management Program/Construction Impact Reduction Plan. ApplicantlDeveloper shall conform to the following Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580) to the job site. Primary route shall be from 1-580 to Dougherty Road to either Dublin Boulevard or Sierra Lane. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. Truck traffic shall be restricted to outside the peak traffic hours. b. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Construction equipment shall use recycled or other non-potable water resources where feasible. c. Construction equipment shall not be left idling while not in use. d. Construction equipment shall be fitted with noise muffling devices. e. The name of the construction noise monitor shall be posted at the entry to the site. The construction noise monitor shall be responsible for responding to complaints and taking measures to reduce the noise level, and estimating noise levels at nearest sensitive commercial or retail uses at the west end of the site and across Sierra Lane. f. Provide a construction phasing plan showing the duration of each phase and equipment used, and location of stationary equipment. g. . Mud and dust carried onto street surfaces by con"struction vehicles shall be cleaned-up on a daily basis. All paved access roads, parking areas and staging areas at construction sites shall be swept daily. h. All exposed stockpiles such as dirt, sand, etc. shall be enclosed, covered or applied with non-toxic soil binders. I. Excavation haul trucks shall use tarpaulins or other effective covers. J. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. k. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: I. Inactive portions of the construction site shall be seeded and watered until grass growth is evident. 2. All portions of the site shall be sufficiently watered to prevent dust. 3. On-site vehicle speed shall be limited to 15 mph. 4. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non-petroleum based tackifiers may be required by the City EngineerlPublic Works Director. 1. The Department of Public Works shall handle all dust complaints. The City Engineer/Public Works Director may require the services of an air uali consultant to advise the Ci on the severi of the dust roblem 23 Prior to Acceptance of improvements by City Council, and during grading! construction 1ß~ and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City EngineerlPublic Works Director. m. Construction interference with regional non-project traffic shall be minimized by: I. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. 3. Routing construction traffic to minimize construction interference with regional non-project traffic movement. 4. Limiting lane closures and detours to off~peak travel periods. 5. Providing ride·share incentives for contractor and subcontractor personnel. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. 91. Geotechnical Report and Recommendations. The Applicant/Developer shall PW, B incorporate the recommendations ofthe Geotechnical Investigation on Pak~N~Save Property, prepared for the project by Terrasearch, Inc., dated October 16, 2002 (Terrasearch Report), and any subsequent recommendations, into the project design. The Applicant! Developer shall prepare additional subsurface investigation as identified in the Terrasearch Report. The Geotechnical Engineer shall certify that the project design confonns to the report recommendations prior to issuance of a Grading/Sitework Penn it or Building Permit. All report recommendations shall be followed during the course of grading and construction. Any changes in grading or building design that would be significantly affected by geologic hazards or soil conditions, or would significantly alter geologic or soils conditions, shall be accompanied by are-analysis of those conditions. In addition, any conditions discovered during excavation or grading that significantly depart from the previously described geologic and soils setting shall be evaluated. Archaeological Materials. If archaeological materials are encountered during PW, PL 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 appropriate mitigation measures. Dougherty Road and Dublin Boulevard Improvements. The PW Applicant/Developer shall design and construct the public sidewalk, bus turnout, and other applicable frontage improvements along Dougherty Road and Dublin Boulevard in their ultimate locations pursuant to the City's Capital Improvement Project (CIP) 96852 or submit payment in lieu of constructing said improvements in an amount detennined by the City EngineerlPublic Works Director. The existing curb and gutter shall remain in place, except at driveways and the bus turnout, until the City widens the frontages as part ofthe City project. The area between the existing curb and gutter and the new public sidewalk shall be tem oraril landsca ed in a manner that will allow subse uent removal b the Ci 24 92. 93. Prior to Issuance of Grading/Site work Permit or Building Permit, and during construction During grading/constru ction Design shall be approved by the City prior to Prior to Issuance of Grading/Site work Permit; construction shall be completed prior to issuance of 1~5 when the roads are widened. Decorative paving, entry features such as Comer Fountain Plaza at the comer of Dougherty Road and Sierra Lane, and special features at Dublin Court entry shall be completed by the Developer at the time of project development, or not later than the completion ofthe City Project. The location, layout and grades of the improvements shall be coordinated with the City Project. Decorative paving or concrete banding shall be used to designate the boundary between the public right-of-way and private property at all flush driveways. Occupancy Permit(s) for each phase of development 94. Stop Controls. In addition to the locations shown on the Site Plan, Stop control PW devices for vehicles, including an Rl STOP sign, STOP pavement legend, 12"- wide white stop bar stripe, and appropriate double yellow centerline delineation, shall be provided at the following locations: (1) At the exit aisle approach onto Sierra Lane off of Bantry Bay Street. (2) At the exit aisle approach on Adare Lane at Sierra Lane. (3) At the exit aisle approach on Tralee Village Drive at Dougherty Road. (4) At other locations deemed reasonably necessary by the City Engineer/Public Works Director during final design and/or construction. Traffic Control Devices. In addition to the traffic control devices shown on the PW Site Plan, the Applicant/Developer shall provide devices at the following locations: R41 (Right Turn Only) sign at the exit aisle approach on Tralee Village Drive at Dougherty Road, together with an RIO (One Way) sign in the median island opposite the driveway. R41 (Right Turn Only) sign at the exit aisle approach on Bantry Bay Street (gas station) at Dublin Boulevard, together with an RIO (One Way) sign in the median island opposite the driveway. RIl1RIIA (Do Not Enter - Wrong Way) signs at the southbound approach to the entrance only driveway on Dublin Boulevard. RIOOB (Physically Challenged Tow-Away) signs at all driveway entrances to the project with text amended to include the following: "... may be reclaimed at DUBLIN POLICE or by telephoning 833-6670". R7/R7A (Keep Right) and Type K Marker at the median nose for the driveway entrance opposite Dublin Court. Truck Access. In order to ensure orderly and unobstructed circulation of trucks PW through the site, appropriate signage shall be provided throughout the site clearly indicating which streets are to be used by trucks. Based on the turning radii proposed and truck turning templates for small single unit trucks (maximum 30 feet length), it is recommended that trucks be prohibited on Main Street and 20' wide residential driveways A, B, C, D and F. Truck access at the central entrance driveway on Dublin Boulevard shall be prohibited for all trucks. Similarly, access for trucks 50' in length and larger shall be limited to the driveway on Dougherty Road, at the entrance opposite Dublin Court on Dublin Boulevard and at the two driveways on Sierra Lane. The larger trucks shall be directed to use the primary access roadways within the project site. ApplicantlDeveloper shall make minor modifications as required by the City to the curb layout at the most easterly driveway on Dublin Boulevard to improve truck access at this driveway. Prior to Issuance of Occupancy Pennit(s) for each phase of development Prior to Acceptance of improvements by City Council 95. Prior to Acceptance of improvements by City Council 96. 25 19b 97. Construction Traffic and Parking. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City EngineerlPublic Works Director. Vehicle Parking. ApplicantJDeveloper shall construct on-site paved parking areas PW, PL and spaces for guest, tenant, and resident parking according to the Site Plan and zoning requirements ofthe use. Occupancy of each phase of development will be dependent upon Applicant/Developer completing the necessary parking areas to serve that phase. All parking spaces shall be double striped using 4" white lines according to Figure 76-3 and §8.76.070 (A) 17 of the Dublin Municipal Code. All compact-sized parking spaces shall have the word "COMPACT" stenciled on the pavement within each space. 12"-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abuts a landscaped area or planter. A parking management plan shall be implemented by the project sponsor to monitor parking including, any planned time limitations, and parking intrusion or illegal parking along Tralee Village Drive where both retail and residential parking is planned. During construction 98. Prior to Issuance of Occupancy Permit(s) for each phase of development 99. Parking ProhibitionslRestrictions. Vehicle parking shall be prohibited/restricted PW Prior to in the following locations: Issuance of Occupancy · Prohibited along both sides ofthe Driveways A, B, C, D, E and F located Permit( s) for between the residential buildings. This parking prohibition shall be each phase of indicated with red-painted curbs, and with R26F "No Stopping - Fire development Lane" signs installed on both sides at a spacing not to exceed 200'. · Restricted to loading/unloading only along the curb near the southwest comer of Commercial Buildings 1 and 3. This parking restriction shall be indicated with yellow-painted curbs, and with Loading Zone signs installed adjacent to the curb. · Prohibited or restricted at other locations deemed reasonably necessary by the City EngineerlPublic Works Director during final design and/or construction. · Parking shall be prohibited on Dougherty Road and Dublin Boulevard and on Sierra Lane within 100' of Dougherty Road. 100. Vehicular and pedestrian easement. The existing Vehicular and Pedestrian PW Prior to Easement located at the southeast comer of Lot 3 (recorded as Series No. 91- Issuance of 009057) shall be kept clear of any permanent structures, landscaping or other Grading Permit obstructions and shall remain as a paved access to the service station property located southeast of the project, unless the easement is extinguished prior to issuance of Grading Permit. 101. Address Numbering System. After the Final Map records but before Building PW,B,F Prior to Permits are issued, the Applicant/Developer shall propose address numbers for Issuance of Building each building/dwelling unit based on the address grid utilized within Alameda Permits County and available from the Dublin Building Official. The addressing scheme is subject to review and approval by the City and other interested outside agencies. Signs shall be prominently displayed on Dublin Boulevard, Dougherty Road and Sierra Lane that identif all addresses within the develo ment. Addresses are 26 \B7 required on the front and rear of each building. Apartments require address ranges to be posted on the street side of each building, or as otherwise required by the Building Official and Fire Marshal. 102. Site Lighting. The Developer/Applicant shaH submit for approval a photometric PW, PL, P lighting plan, which demonstrates that aH exterior areas ofthe site will include safe, uniform, non-glaring light distribution that meets the industry standards for this type of project. Lighting in landscaped areas throughout the project shaH be subject to review and approval of City's Landscape Architect, Planning, and Public Works Departments, in consideration ofIES standards for lighting in public/community areas. The Applicant shaH submit a final lighting plan for approval by the Dublin Police Services. At a minimum the plan should include: 0.50 foot candle lighting at all doors, and lighting fixtures should be of a vandal- resistant type. 103. Site Accessibility Requirements. AH disabled access ramps, parking spaces for PW, B the disabled, and other physical site improvements shall comply with current UBC Title 24 requirements and City of Dublin Standards for accessibility. 104. Recycling. Applicant/Developer shaH provide recycling collection areas within the PW, P refuse coHections areas in conformance with the City of Dublin's recycling program. Separate recycling chutes shaH be provided within the apartment buildings that aHow residents to separate recyclables from other refuse before placing the materials into chutes to convey the materials to the dumpster areas beneath the podium. AH dumpster areas shall have designated space for recyclable coHection and pick-up. 105. Waive right to protest. The ApplicantlDeveloper waives any right to protest the PW inclusion of the properties or any portion of the properties in a Landscape and Lighting Assessment District or similar assessment district, and further waives any right to protest the annual assessment for that District. 106. Relocation of Existing Improvements/Utilities. Any necessary relocation of PW existing improvements or utilities shall be accomplished at no expense to the City except those improvements associated with the Dublin Boulevard/Dougherty Road Improvements by City's Capital Improvement Project (CIP) 96852. 107. Street Trees. 24"-box sized street trees shall be planted in tree weHs along Dublin PW, PI. Boulevard and Dougherty Road in a manner consistent with City of Dublin Standard Detail CD-50 1, except that the tree species shall match the adjacent streetscape and the tree grates shall be cast iron. Street trees shaH be irrigated from the private on-site system(s). 108. Joint Utility Trenches/Undergrounding/Utility Plans. ApplicantlDeveloper PW, PL shall construct all joint utility trenches and underground all existing overhead utility services (including electric, telecommunications, cable TV, and gas) in accordance with standards enforced by the appropriate utility agency, excluding those to be relocated or installed as part of the Dublin Boulevard/Dougherty Road Improvements by City's Capital Improvement Project (CIP) 96852. All vaults, electric transformers, cable TV boxes, blow-off valves and other utility features shall be placed underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the City Engineer/Public Works Director. Conduit shall be under the public sidewalk within the right of wa to allow for street tree lantin . Utili lans showin the location of all 27 Prior to Issuance of Building Pennit(s). Prior to Issuance of Occupancy Pennit(s) for each phase of development Prior to Issuance of Occupancy Permits Ongoing Prior to Acceptance of improvements by City Council Prior to Acceptance of improvements by City Council. Prior to Issuance of Occupancy Pennit(s) for each phase of development 1~1f proposed utilities shall be reviewed and approved by the City Engineer/Public Works Director prior to installation. 109. Utility Undergrounding. The Applicant/Developer shall pay to the City $25,000 PW as a fair share of the cost of under grounding the existing overhead utilities on Dublin Boulevard and Dougherty Road. The City of Dublin will complete the undergrounding ofthe overhead utilities as part of the Dublin Boulevard/Dougherty Road Improvements by City's Capital Improvement Project (CIP) 96852. However, based on the available PG&E Rule 20A funding and the project costs, a funding shortfall of $25,000 has been identified. The Applicant/Developer agrees to the payment of the above amount as their fair share cost of under grounding the existing overhead utilities along the frontages of the project on Dublin Boulevard and Dougherty Road. 110. Temporary Construction Fencing. Temporary Construction fencing shall be PW, P installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of- way unless approved in advance by the City Engineer/Public Works Director. Ill. Private Street Signage. Applicant/ Developer shall post private street signage in PW, PL the private drive aisle areas in accordance with the California Vehicle Code. No trespassing signs should be posted as governed by the California Penal Code Section 602. Street name signs shall display the name of the street together with a City standard shamrock logo. Posts shall be galvanized steel pipe, break away posts. As an alternative to the City standard shamrock logo on the street signs, the Applicant/Developer may propose an alternative logo which matches the marketing theme for the project. Any alternative street sign logo shall be subject to final approval by the Community Development Director and Public Works Director. 112. Construction Hours. Standard construction and grading hours shall be limited to PW weekdays (Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 6:00 p.m. The Applicant/Developer may request reasonable modifications to such determined days and hours, taking into account the seasons, impacts on neighboring properties, and other appropriate factors, by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, and/or holiday work. 113. DamagelRepairs. The ApplicantlDeveloper shall be responsible for the repair of PW any damaged pavement, curb & gutter, sidewalk, or other public street facility resulting from construction activities associated with the development of the project, to the satisfaction of the City Engineer/Public Works Director. 114. Graffiti. The Applicant/Developer and/or building tenant(s) shall keep the site PW, P clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant paint for the structures and film for windows or glass shall be used whenever possible. 115. Occupancy Permit Requirements. Prior to issuance of an Occupancy Permit, the PW physical condition ofthe project site shall meet minimum health and safety .1.11 1 1-" 1"". 1. .1 r. 11_ 28 Within thirty (30) days from receipt of written request from the City for the payment, or at the time of the final building penn it within the project, whichevcr occurs first Prior to Issuance of Grading Pennit(s) and during gradinglconstru ction for each phase of development Prior to Issuance of Occupancy Permit(s) for each phase of development During gradinglconstru ction for each phase of development Prior to Acceptance of improvements by City Council On-going Prior to Issuance of Occu ane tc%"I standards including, but not limited to the following: a. The streets and walkways providing access to each building shall be complete, as determined by the City EngineerlPublic Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access to the buildings shall be energized and functioning. Exterior lighting shall be provided for building entrances/exits and pedestrian walkways. Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City EngineerlPublic Works Director. f. All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (Le. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. 116. Bicycle Racks. Bicycle racks shall be installed near the entrances to the PW, PL commercial buildings at a ratio of 1 rack per 40 vehicle parking spaces. Bicycle racks shall be designed to accommodate a minimum of four bicycles per rack, and so that each biCycle can be secured to the rack. The location of the bicycle rack shall not encroach into any adjacent/adjoining sidewalks in a manner that would reduce the unencumbered width of the sidewalk to less than 4'. Bicycle racks shall be placed in locations where they will have adequate lighting and can be surveilled by the building occupants. For the townhouses and condominiums, one bicycle storage space shall be provided within each residence or in lockable containers or spaces if not within the individual residence. 117. Environmental Site Assessment. If, during construction of the Project, presently PW unknown hazardous materials are discovered, the Applicant/Developer shall adhere to the requirements of Alameda County Department of Environmental Health (ACDEH), the Fire Marshal, the City, and/or other applicable agency to mitigate the hazard before continuing. The Applicant/Developer shall comply with the recommendations of the Phase I Environmental Assessment with Phase II Groudwater Screening-Former Pak'N Save Building 6633 Dublin Boulevard Dublin, California prepared by Rosewood Environmental Engineering dated November 6, 2002. Said Phase I Assessment requires the following: a. Lamp ballasts shall be sampled for Polychlorinated Biphenyls (PCBs) prior to demolition of existing buildings to determine the proper method of disposal of the ballasts. b. The re-demolition asbestos surve identified the floor tiles and roof sealant 29 Pennit(s) for each phase of development Prior to Issuance of Occupancy Pennit(s) for each phase of development Prior to Issuance of Occupancy Pennit(s) for each phase of development and during construction \~o to contain asbestos. Asbestos waste shall be transported to a disposal facility and disposed of properly in accordance with local, state and federal laws and regulations including but not limited to the Department of Transportation, Toxic Substances Control Act, Cal/OSHA and California Highway Patrol. c. An abatement specification shall be prepared for use by the selected abatement contractor. It shall document the asbestos containing materials (ACMs) identified during the demolition survey, list the regulations that will apply to the abatement work and outline the procedures to be used for abatement. Abatement work must be performed in accordance with local, state and federal laws and regulations including but not limited to California Occupational Safety and Health Administration (Cal/OSHA), National Emission Standard for Hazardous Air Pollutants (NESHAPS) and the Bay Area Quality Management District (BAAQMD). The EPA or their designated local oversight agency, such as BAAQMD, must be notified of abatement of the regulated ACMs at least 10 working days prior to the commencement of the abatement work. 118. Release of Security. When all improvements governed by the Improvement PW Agreement are complete to the satisfaction of the City Engineer/Public Works Director, the City Engineer/Public Works Director will recommend to the City Council that the improvements be accepted and that the Security be released. Prior to the Council's acceptance, the Applicant/Developer shall furnish the following to the City: a. A Maintenance Bond or other replacement security in an amount equal to 25% of the estimated cost of the work to guarantee against defects for a one- year period. b. As-Built or Record Drawings printed on mylar and signed by the designer of all Improvement Plans and maps associated with the project. c. A recorded copy of the Covenants, Conditions, and Restrictions that govern the project. d. A Declaration or Report by the project Geotechnical Engineer confirming that all geotechnical and grading work associated with the project has been performed in accordance with the Engineer's recommendations. e. Payment of any outstanding City fees or other debts. f. Any other information deemed necessary by the City Engineer/Public Works Director. 119. Geographic Information System. Once the City Engineer/Public Works Director PW approves the development project, a digital vectorized file on floppy or CD of the Improvement Plans shall be submitted to the City and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone 111, and U.S. foot. Said submittal shall be acceptable to the City's GIS Coordinator. 120. Prevailing Wages. All public improvements constructed by Developer and to be PW dedicated to the City are hereby identified as "public works" under Labor Code . .,;. . 1 ...,,..,., ... _ .1' . . 1 T'\. . 1 . . t. ~ . 1 11 30 Acceptance of improvements by City Council. Prior to Acceptance of improvements by City Council At all times during construction of \." I 121. Affordable Housing: The project will include affordable housing residential units PL Prior to equal to 12.5% of total residential units. All affordable housing units shall be Approval of distributed equally throughout the project in accordance with provisions of the Final Map prior to Stage 2 Development Plan for P A#02-062. occupancy of units in affected phase 122.. Affordable Housing Agreement. An Affordable Housing Agreement shall be PL Prior to entered into by the Developer and the City of Dublin as required by Section 8.68 of Approval of the Dublin Municipal Code. Final Map and prior to occupancy of units in ~ffected phase. ]23. The Applicant/developer shall submit a master sign program for the commercial PL Prior to and residential components of the project. The sign program shall conform to the Issuance of City of Dublin Sign Ordinance in effect at the time of the application. The master building pennit and installation sign program be shall be subject to review and approval of the Director of of signs. Community Development and reviewed by the City's Contract Architect to determine compatibility of design with the buildings. 124. Solid WastelRecycling. Applicant/Developer shall comply with the City's solid waste management and recycling requirements. 125. Refuse Collection. The refuse collection service provider shall provide a letter ADM Occupancy of confirming that adequate space is provided to accommodated collection and first building. sorting of petrucible solid waste as well as source-separated recyclable materials Provisions for collection to be generated by the residents within the project. shown on plans. 126. Parkland Dedication - The developer shall be required to pay a Public Facilities PL Prior to Fee in the amounts and at the times set forth in the City of Dublin Resolution No. Issuance of 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the Building Pennit times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. No credit against the dedication requirement shall be given for open space within this project. 127. School Mitigation Agreement. The Developer shall enter into a School PL Prior to Mitigation Agreement with the Dublin Unified School District. Issuance of Building Pennits for each affected Phase 128. Compliance With Requirements. ApplicantJDeveloper shall comply with all F, PW, PO, Approval of applicable requirements ofthe Alameda County Fire Department, Public Works Zone 7, Improvement Department, Dublin Police Service, Alameda County Flood Control District Zone DSR, PL Plans 7, and Dublin San Ramon Services District. 31 \ t:tþ- 129. Cable and Internet Access: All BMR residential units within the project shall be wired for cable and internet access in the same manner as the market rate units. All residential units shall be provided with a dedicated homerun Category 5 minimum wiring from the data room to unit, for future use. Telco Room in (townhouse-style units) shall be stubbed out, with a 4-inch conduit, to a distance of 2 feet outside the foundations. PASSED, APPROVED AND ADOPTED this 20th day of July 2004 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\P A#\2002\02..062 Sancor Pak-n-Save- Tralee\CC Meeting\TraJee.reso.vtmsdr.06I 704.do 32 Prior to Issuance of Building Pennit \~ 8.2 P A 02-062 Bancor Properties, Tralee General Plan Amendment, Planned Development Rezone¡ Stage 1 Development Plan, Stage 2 Development Plan, Vesting Tentative Map and Site Development Review The proposed development consists of the demolition n of an existing commercial center on a 10.61 acre site to provide for the construction of a mixed use development that includes 233 flat and town home-style multi-family units, and up to 34,950 sq.ft. of commercial building area for retail office and restaurant use. Cm. Fasu1key asked for the staff report. Deborah Ungo McCormick, Planning Consultant presented the staff report and explained that the proposed project consists of the demolition of the existing commercial building and parking lot area to provide for the construction of a mixed-use development. The site previously was occupied by the Pac N Save food market and other retail services including a pool hall. Pac N Save vacated the site approximately two years ago. The pool hall lease has expired and will be relocating to another site The new development consists of mixed-use mid and low-rise buildings and townhome style condominiums. The Village Center is proposed on the southerly portion of the site and would consist four buildings containing retail and office space on the ground floor facing Dublin Boulevard and the "Main Street" of the Village Center, 12 townhome style condominium units on the ground facing Tralee Village Drive and 118 apartments/ condo units within three-stories above. The toWl1home-sty1e condominiums in the northerly half of the site total 103 units contained in 20 three- story buildings distributed across the northerly and easterly portions of the site. The project includes a Village Green that provides common open space and recreation area, and contains a clubroom, restrooms and swimming pool for the use of residents. This area will be landscaped with trees, shrubs and lawn, and contains a children's play area, a fountain, benches and pathways. The application includes a General Plan Amendment to change the land use designation from Retail Office to Mixed Use. The Planning Commission has previously forwarded to the City Council a r("commendation to appove a Mixed Use Category in the Primary Planning Area. This project is consistent with that designation. Additionally, the project includes a Stage 1 and 2 Development Plan which establishes the permitted and conditional uses, development standards and phasing for the project. The phasing plan for the project allows two phases. Site Development Review for the project includes approval of the location and design of all Tralee Project site features, including siting of buildings, on-site parking features, recreational and open space features, landscape plan and architectural design of the townhouses and mixed-use building. While the Site Development Review includes parking layout and general siting for the commercial building on Lot 5, it does not include approval of the elevations. Thedeveloper has submitted Vesting Tentative Map 7437 that proposes the subdivision of the existing 10.61-acre parcel into Slots. Lots 1, 2 and 3 would be developed in Phase 1 and will contain 103 town house-style units, a common open space/ recreation area, including a pool, tot lot and play areas, and private streets. Lots 4 and 5 would be developed in Phase 2 and contain the mixed-use, mid-rise buildings and freestanding commercial pad. The Applicant proposes primarily three new types of walls/ fences for this project. An ornamenta16 ft. concrete block fence is proposed along the northwestern perimeter of the site. In addition, the project also includes a low retaining wall along Dublin Boulevard and a wall along Dougherty Road. For the Dougherty Road wall, the Applicant is proposing two alternatives, one includes a 4-foot stucco finish wall with 2-feet of metal work on top to match the architecture of the building, and brick pilasters evenly spaced along the wall. An alternative design consists of a metal fence of open design option with brick ,PIÎ1l1l1iniJ C'ommis-rior( 132 AJI'ACH M ENT I,. ]ulle 22,2(1)4 1?.(ifU&¡1 :Meäing "'1'*" I~~ pilasters. Both alternatives will include landscape planting in front along Dougherty Road. Staff requested that the Applicant provide these alternative designs to allow the Planning Commission and City Council to determine what is more appropriate for the Dougherty Road frontage. This application has been reviewed by the applicable City Departments and agencies, and their conunents have been incorporated into the Stage 1 and 2 Development Plan and conditions of approval for Vesting Tentative Map and Site Development Review. The proposed project is consistent with the Dublin General Plan, and represents an appropriate project for the site. The Planning Commission is charged with the approval of vesting tentative maps and site development reviews, while the City Council approves rezonings and general plan amendments. However, since this project was consider a high priority project in the City Council's 2003-2004 Goals and Objectives, Staff is reconunending that the Planning Commission transfer approval of the Vesting Tentative Map and Site Development Review to the City Council. Staff reconunends that the P1arming Commission adopt the Resolution, reconunending that City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Program¡ adopt the Resolution reconunending that City Council approve a General Plan Amendment¡ adopt the Resolution reconunending that City Council approve an Ordinance approving a Planned Development Rezone/ Stage 1 / Stage 2 Development Plan and adopt the Resolution reconunending that City Council approve the Vesting Tentative Map 7457 and the Site Development Review, with direction on which design is preferred for the perimeter wall along Dougherty Road. Cm. Fasulkey asked if there were any questions of Staff. Cm. Jermings asked if there would be an issue with noise along Sierra Lane. Ms. McCormick stated a noise analysis was conducted and the noise along Sierra is not constant. It will not be an issue to meet interior noise requirements and will be mitigated fully through building construction. However, some of the porches would be exposed to noise levels that exceed the City's standards for exterior recreation area and may require that either noise barrier be included (i.e. clear glass or flexig1ass) or be eliminated. The applicant has included a sample elevation that shows the elevations without porches. Final approval would be by the Conununity Development Director. Cm. Jermings asked if that was Staff's reconunendation for a 10-foot setback rather than a 20-foot setback to Sierra Lane. Ms. McCormick stated it was the applicant request for an effect he wanted to create. Cm. Jermings asked if there would be public/private parking along Sierra Lane. Ms. McCormick stated the residential component of this project would be fully parked on site. The townhomes have 2 car garages and guest parking is provided in the surface parking areas. Parking on Sierra Lane is for public use and could not be designated to nor restricted for project residents use only. Cm. Jermings stated the concern is near the restaurant. Ms. McCormick stated the conunercial parking would be a shared parking area. Ms. Ram stated the assumption is the uses will vary in terms of need. The conunercial will have a parking need during the day, and the residential in the evening. Cm. Jermings asked if non-residents could get into the residential portion of the project. iprallnÍlI¡J CommÙÚou 1\rgllú¡r <tfeäing 133 JUlie L!) 2004 &t5 Ms. McCormick stated yes, particularly along Tra1ee Drive. Cm. Fasu1key asked if the public art piece would go before the Heritage and Cultural Arts Commission. Ms. McCormick stated yes but the final approval will come from the Conununity Development Director. Cm. Fasulkey asked for clarification on the "Dan Dykes" bus shelter design. Is that the artist that designed the bus shelters along Dublin Blvd? Ms. McCormick stated yes. Mike Banducci, Applicant and Developer for the project, addressed the Planning Commission. Through the process the project has become a very nice project. The project is located in Central Dublin near the BART Station. Because of the location it is important not to dump a typical suburban type neighborhood. They worked on creating an urban style, mixed use project. He discussed the design and vision for the project. He introduced the architect, John Walter. John Waldren stated they are very excited to get involved with this project. It takes a special developer to want to do this type of development. He explained the building types, layout, design and architectural features for the Planning Commission. Gary Leeman, Landscape Architect, stated a lot of thought has gone into this project. He explained that there are a lot of unique and distinctive spaces for the site and discussed the landscaping plans for the site. Cm. Machtmes asked for a visual sense of how much pedestrian space and plaza space will be available. Mr. Leeman said it would be a substantial amount of space. Cm. Machtmes asked for square footage in the plaza area. Mr. Leeman referred the question to Mr. Waldren. Mr. Waldren stated approximately 40 feet by 80 feet. Cm. King asked for clarification on the turn around and the flow of traffic. What would make people want to come there? Mr. Leeman said there was some discussion on making it a grander entrance but part of the traffic report reconunended scaling it down. Cm. Nassar asked about the purpose of the eastern wall. Mr. Leeman said it provides a decorative effect and minor acoustical provisions. Cm. King asked if on Tralee Village Drive is it residential on one side and conunercia1 on the other side. Mr. Banducci stated it is residential on both sides. Cm. Fasu1key why the oak trees being used are not native species to California. 'P(allflÎIIIl (OlflmÙ.rÙm 'Rmll!ar :\1ectinfJ 134 .'lulle 2,:,2004 I ~ i:::' Mr. Leeman stated that they wanted a larger scale tree that could perform better. Cm. Machtmes asked if there is a list of tenants. Mr. Banducci said they do not have a list of tenants but have potential tenants that have contacted them. Cm. King asked if it would be a destination stop for people. Mr. Banducci said yes¡ and it will generate pedestrians. He stated it is also a good retail site. Cm. Fasulkey closed the public hearing. There was discussion regarding the design of the wall along Dougherty. Commissioner Jennings and Commissioner Nassar noted that open design would be preferable and consistent with what has been approved for Sybase. The P1arming Commission concurred to forward a recommendation for a open fence design along Dougherty Road. Cm. King stated that this is a very exciting project and he complimented the design. On motion by Cm. Machtmes, seconded by Cm. Jennings, by a vote of 5-0 the Planning Commission unanimously approved RESOLUTION NO. 04 - 49 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR THE BANCOR PROPERTIES TRALEE PROJECT P A 02-062 RESOLUTION NO. 04 - 50 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO THE GENERAL PLAN TO CHANGE THE LAND USE DESIGNATION TO MIXED USE FOR THE PROJECT KNOWN AS BANCOR PROPERTIES - TRALEE PROJECT P A 02..()62 RESOLUTION NO. 04 - 51 A RESOLUTION OF THE PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE REZONING THE BANCOR PROPERTIES TRALEE MIXED-USE DEVELOPMENT PROJECT TO PD-PLANNED DEVELOPMENT AND ADOPTING RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS P A 02..()62 (j>(alwini¡ CarnmÙsÙm 1\rgul(¡r "-Wf,äillg 135 ]uuc 22, 2004 t 17 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: June 22, 2004 SUBJECT: PUBLIC HEARING: P A 02-062 Bancor Properties. Tralee- General Plan Amendment, Planned Development Rezone Stage 1 and Stage 2 Development Plan, Vesting Tentative Map and Site Development Review Prepared by Deborah Ungo-McCormick, Planning Consultant ATTACHMENTS: 1. Resolution recommending City Council adopt a Mitigated Negative Declaration (Exhibit A which includes Initial Study) including Responses to Comments (Exhibit A-I) and Mitigation Monitoring Program (Exhibit A-2). 2. Resolution recommending City Council adopt the Resolution approving the General Plan Amendment to Mixed Use. 3. Resolution recommending City Council adopt the Ordinance (Exhibit A) approving the Planned Development Rezone with related Stage 1 and Stage 2 Development Plan and project plans (Exhibit A- I). 4. Resolution recommending City Council adopt the Resolution approving Vesting Tentative Map 7457 and Site Development Review for the Tra1ee site 5. Tralee - spiral bound proposal dated June 4, 2004 - under separate cover and available at the Community Development Department RECOMMENDATION: 1. Hear Staff presentation. 2. Open Public Hearing 3. Take testimony from the Applicant and the public. 4. Question Staff, Applicant and the public. 5. Close the public hearing and deliberate. 6. Adopt the Resolution (Attachment 1) recommending City Council adopt a Mitigated Negative Declaration and Mitigation Monitoring Program 7. Adopt the Resolution (Attachment 2) recommending City Council approve a General Plan Amendment, 8. Adopt the Resolution (Attachment 3) recommending City Council approve an Ordinance (Exhibit A) approving a Planned Development (PD) Rezone/ Stage 1 Development Plan and Stage 2 Development Plan (with Development Plan attached as Exhibits A-I and A-2), and 9. Adopt the Resolution (Attachment 4) approving the Vesting Tentative Map 7457 and the Site Development Review. --------------------------------------------------------------------------------------------------------------------------------------- COPIES TO: Applicant Property Owners P A file IAfrÄCHMENT 5 lctt PROJECT DESCRIPTION: The project site is located within the Dublin Primary Planning Area. It consists of a 10.61- acre parcel that is located north of Dublin Boulevard and west of Dougherty Road. It is currently developed with a vacant neighborhood shopping center. Surrounding uses include a gas station, two strip commercial centers and an auto dealership to the south, a strip commercial center and landscape irrigation business to the west, an auto service and commercial/retail center to the north and a gas station to the east, across Dougherty Road. Immediately adjacent to the site, in the south east comer, there is an existing service station and car wash. Interstate 580 is located to the south of the project site. The site topography is generally flat. It is developed with approximately 104,000 sq. ft. of retail commercial building and an expansive surface parking lot. The site contains some vegetation consisting oftrees within a landscape strip along the Dublin Boulevard frontage, and several trees dispersed throughout the parking lot. The site previously was occupied by the Pac N Save food market and other retail services including a pool hall. Pac N Save vacated the site approximately two years ago. The pool hall lease has expired and will be relocating to another site. Bancor Properties is the current property owner, and has applied for all planning entitlements for the development of a mixed-use project on the entire site, as described below. Project concept: The proposed project consists of the demolition of the existing commercial building and parking lot area to provide for the construction of a mixed-use development (See Site Plan on Sheet 4 of project plans). The new development consists of mixed-use mid and low rise buildings (known as the Village Center) and townhome- style condominiums. The Village Center is proposed on the southerly portion of the site and would consist of four buildings containing retail and office space on the ground floor facing Dublin Boulevard and the "Main Street" of the Village Center, 12 townhome-style condominium units on the ground floor facing Tralee Village Drive and 118 apartments/condo units within three-stories above. The mixed-use buildings would be four stories and a maximum of 60 feet in height. The apartments/condos would offer one, two and three bedrooms and would range in size from about 600 to 1,600 square feet. Sixteen affordable units would be dispersed throughout the four floors of apts/condos. A freestanding commercial building pad is proposed in the southwest comer of the site, which combined with the ground floor retail office space in the mixed-use buildings would total 34,950 square feet of commercial space. An underground parking structure would be located below the four mixed-use buildings and would contain 236 spaces for residents and guests. There would be 184 surface parking spaces for the retail and office space. Building surfaces would be brick and painted stucco with metal roofs. The townhome-style condominiums in the northerly half of the site total 103 units contained in 20 three-story buildings distributed across the northerly and easterly portions of the site. The first floor would contain parking for two cars, and floors two and three would contain the living areas. The townhouses would contain two and three bedrooms and ranging in size from 1,250 and 1,905 square feet. Thirteen affordable housing units would be dispersed throughout the townhouse buildings. The height of all 20 buildings would be a maximum of 45 feet. Parking would include 206 garage spaces for residents and 60 spaces for visitors that would be dispersed throughout the buildings. Building surfaces would be brick and painted stucco with metal roofs, consistent with the design of the mixed-use buildings. The project includes a Village Green that provides common open space and recreation area, and contains a clubroom, restrooms and swimming pool for the use of residents. This area will be landscaped with trees, shrubs 2 I I ~ -@-,,- Z ~ c~-· I . ,-- __nn ~ ~ -;- j ~ 0 ( -... ¡¡¡, UI I ~ ~- ~ -_i..__ ~ > ~:¡ ~ > ~ I ~ ~ ~ Q N ~ I z ~ ~ t.? ::a I ~ -< ~ ~ 0 r:n ~ ~ ~ I > ~ ~ ~ ~ Q r--- I t.? ~ II) -< ~ 'IIII!t E-4 þIooII4 I r:n r:n r--- < t.? Q E-4 z z I þIooII4 -< U z 0 ~ < N -< == . . 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Introducing THE SHOPS AT TRALEE DUBLIN, CALIFORNIA ~ 1'¡~'~: I I I I I I I I I Proposed Village Development Shops, Apartments/Condos and Tbwnhomes Developed by Bancor Properties Livermore, California Offered By RENÉ BROCHIER COLLIERS INTERNATIONAL (925) 227..6242 PHIL RIEDY RIEDY COMMERCIAL (925) 513..0608 rbrochier@colliersparrish.çom riecom88@yahoo.com I I I I I I I I I I I I I PROJECT HIGHLIGHTS: TRAFFIC COUNT: Dublin Blvd., west of Dougherty Rd. - 30,171 ADT Dublin Blvd., east of Dougherty Rd. - 9,407 ADT Dougherty Rd., north of Dublin Blvd. - 41,589 ADT DEMOGRAPHICS: Population (2007 Est.) Daytime Population Average HH Income Median HH Income l....M1I& 44,194 58,255 $104,585 $93,015 l..MD.E 87,111 65,299 $119,607 $106,547 5 MILE 128,985 85,773 $119,590 $104,535 ;1 I I CONSTRUCTION TIMETABLE: Construction commencement - Fall 2004 Estimated Completion - Mid 2005 COLLIERS 11'\TEIL,\;ATIO:"lAL --?'{1 THE SHOPS AT TRALEE · DUBLIN CALIFORNIA The Shops at Tralee is part of a mixed use development on a 10+ acre parcel at the intersection of Dublin Boulevard and Dougherty/Hopyard Roads, one of Dublin's busiest intersec- tions with nearly 80,000 vehicles passing through daily. The project consists of approximately 35,589 square feet of retail, 130 apartment/condominium units over the retail shops (excluding the 4,200+ square foot pad building) and 110 townhouse units, all in a village setting. The project sits at the mouth of Dougherty Valley where 11,000 homes are under construction or planned, with. little... retail services in between. The Hacienda Business Park, locat- ed immediately across Interstate 580, accounts for the majority of the daytime employment. Having BART less than a mile away only enhances the location for a variety of retail uses, in addition to the ever-expanding residential and employment base projected for Dublin and the neighboring communities. LOCATION: NWC of Dublin Blvd. And Dougherty Rd. 1/4 mile from 1-580 and 3/4 of a mile from BART PROJECT STATS: 31,389 square feet of shop space, including a 4,200 square foot pad Shop space from 900 square feet 130 apartment/condo units 110 townhouse units 5/1000 retail parking PROJECT FEATURES: Plaza and fountains for events and outdoor dining Street identity sign age Extensive Landscaping For Additional Information Please Contact: RENÉ BROCHIER COLLIERS INTERNATIONAL (925) 227--6242 PHIL RIEDY RIEDY COMMERCIAL (925) 513--0608 I I I 5050 HOPYARD ROAD, #180 PLEASANTON, CA 94588 (925) 463-2300 rbrochier@colliersparrish.com riecom88@yahoo.com Thø InfonnaUon lumlshud has boon obtained from sourœs wø doom rellablø and Is submitted subject 10 ørrQrs, omissions and changas. Although CoUlers International has no reason to doubt its accuracy, wø do not guarantee It. Alllnlonnation should be venfled by the recipient pnor to lease, purchase, exchange, or øxeculion 01 legal documents. 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Page 1 2 Mile Radius 3 Mile Radius 5 Mile Radius POPULATION DAYTIME POPULATION 58,255 65,299 85,773 2007 PROJECTION 44,194 87,111 128,985 2002 ESTIMATE 42,279 82,684 122,029 1990 CENSUS 32,271 64,370 97,320 1980 CENSUS 23,654 46,507 67,342 GROWTH 1980-1990 36.43% 38.41% 44.52% HOUSEHOLDS 2007 PROJECTION 15,512 30,489 46,341 2002 ESTIMATE 14,497 28,573 43,499 1990 CENSUS 10,531 21,444 33,771 1980 CENSUS 6,653 13,600 20,598 GROWTH 1980 - 1990 58.30% 57.68% 63.95% 2002 POPULATION BY RACE & ORIGIN 42,279 82,684 122,029 WHITE ALONE 69.96% 74.23% 75.86% BLACK ALONE 7.56% 4.55% 3.58% AMER IND/ALASKAN ALONE 0.64% 0.48% 0.47% ASIAN ALONE 12.69% 13.16% 12.80% HAW AllANIP AC ISL ALONE 0.28% 0.23% 0.22% SOME OTHER ALONE 4.85% 3.48% 3.25% TWO OR MORE RACES 4.01% 3.87% 3.83% mSPANIC ORlGrN 12.61% 9.87% 9.56% 2002 HISPANIC RACE BASE 5,330 8,157 11,666 WHITE ALONE 52.52% 55.24% 56.25% BLACK ALONE 0.72% 0.74% 0.66% AMER IND/ALASKAN ALONE 1.49% 1.42% 1.32% ASIAN ALONE 1.16% 1.33% 1.29% HAW AllANIP AC ISL ALONE 0.20% 0.25% 0.24% SOME OTHER ALONE 36.61 % 32.55% 31.28% TWO OR MORE RACES 7.29% 8.47% 8.96% 1990 HISPANIC POPULATION BY TYPE NOT OF mSPANIC ORlGrN 90.44% 92.26% 92.53% MEXICAN 5.45% 4.37% 4.23% PUERTO RICAN 0.40% 0.32% 0.34% CUBAN 0.10% 0.11% 0.10% OTHER mSPANIC 3.60% 2.95% 2.80% 2002 EST. POPULATION BY SEX MALE 51.69"10 50.62% 50.08% FEMALE 48.31% 49.38% 49.92% I I I I I I I I I I I I I I I ~ SOURCE: CLARITAS CONFllJE^ TlAL A i/MiII t, 2003 I I I I I I I I I I I I I I I I I I I 2- It ~'t" On10GI;¡APHlCS 2,3, & ::; MILE RAnI! Analysis Geography: noughc,·ty Road & Dublin Boulcvard I)ublin, CA DEi110GRAPHIC DETAiL, Pllg~ 2 2 Mile Radius 3 Mile Radius S Mile Radius 2002 EST. HOUSEHOLDS BY INCOME 14,497 28,573 43,499 $150,000 OR MORE 19.70% 26.44% 26.62% $100,000 TO $149,999 25.10% 27.11% 25.71% $ 75,000 TO $ 99,999 18.60010 16.08% 16.11% $ 50,000 TO $ 74,999 17.11% 14.39% 14.71% $ 35,000 TO $ 49,999 9.70% 7.91% 7.81% $ 25,000 TO $ 34,999 3.96% 3.21% 3.70% $ 15,000 TO $ 24,999 3.40% 2.76% 2.94% $5,000 TO $15,000 1.64% 1.32% 1.61% UNDER $5,000 0.79% 0.77% 0.80% 2002 EST. AVERAGE HH INCOME $104,585 $119,607 $119,590 2002 EST. MEDIAN HH INCOME $93,015 $106,549 $104,535 2002 EST. INCOME PER CAPITA $36,903 $42,057 $43,236 1990 POPULA nON BY HOUSEHOLD TYPE FAMILY HOUSEHOLDS 75.06% 83.27% 83.94% NON F AMIL Y HOUSEHOLDS 13.31% 10.88% 11. 99% GROUP QUARTERS 11.62% 5.85% 4.07% MARITAL STATUS PERSONS 15+ SINGLE MALE 20.24% 16.48% 15.46% SINGLE FEMALE 11.33% 10.82% 11.03% MARRIED 52.07% 58.82% 59.30% PREVIOUSLY MARRIED MALE 7.33% 5.66% 5.48% PREVIOUSLY MARRIED FEMALE 9.03% 8.21% 8.72% 1990 HOUSEHOLDS BY TYPE SINGLE MALE 9.04% 7.38% 7.84% SINGLE FEMALE 8.77% 7.55% 8.89% MARRIED COUPLE 59.42% 66.29% 64.48% OTIŒR FAMILY-MALE HEAD 3.78% 3.24% 3.20% OTIŒR FAMILY-FEMALE HEAD 8.92% 7.78% 7.71% NON FAMIL Y·MALE HEAD 6.32% 4.84% 4.89% NON FAMILY-FEMALE HEAD 3.75% 2.93% 3.00% HHOLDS BY AGE BY POVERTY STATUS 10,398 21,361 33,645 ABOVE POVERTY UNDER AGE 65 90.47% 90.76% 89.42% ABOVE POVERTY AGE 65 + 6.07% 6.72% 7.88% BELOW POVERTY UNDER AGE 65 2.87% 2.07% 2.00% BELOW POVERTY AGE 65 + 0.59% 0.45% 0.70% ~ SOURCE: CLAR/TAS CONF/DEl\T/AL AI/gmt, 20(13 I Z?ï? I I D[\JOGIHPJlICS 2,3.&::; MILE RADII Analysis Geography: Doughcr!)' ¡{oad & Duhlin Boulcvard Duhlin, CA I DE.UOGl~~J:!lIC DETAIL, Page 3 2 Mile Radius 3 Mile Radius S Mile Radius 2002 EST. POPULATION BY AGE 42,279 82,684 122,029 UNDER 5 YEARS 6.35% 6.57% 6.62% 5 TO 9 YEARS 6.33% 7.39% 7.33% 10 TO 14 YEARS 6.24% 7.71% 7.76% 15 TO 17 YEARS 3.18% 3.89% 3.98% 18 TO 20 YEARS 3.43% 3.13% 3.01% 21 TO 24 YEARS 5.35% 3.90010 3.78% 25 TO 29 YEARS 9.20% 6.56% 6.29% 30 TO 34 YEARS 10.97% 8.90% 8.52% 35 TO 39 YEARS 11.13% 10.51% 10.14% 40 TO 49 YEARS 18.04% 19.22% 19.24% 50 TO 59 YEARS 11.40% 12.89% 13.36% 60 TO 64 YEARS 2.87% 3.27% 3.30% 65 TO 69 YEARS 1.87% 2.11% 2.14% 70 TO 74 YEARS 1.45% 1.53% 1.59% 75+ YEARS 2.19% 2.43% 2.95% MEDIAN AGE 34.52 35.93 36.34 POPULATION ENROLLED IN SCHOOL 8,198 17,644 26,484 PUBLIC PRE- PRIMARY 4.40% 4.97% 5.00010 PRIVATE PRE- PRIMARY 4.28% 4.28% 4.39% PUBLIC ELEMlHIGH 50.88% 55.47% 56.22% PRIVATE ELEMlHIGH 4.15% 3.76% 3.77% ENROLLED IN COLLEGE 36.29% 31.52% 30.61% POPULATION (25+) BY EDUCATION LEVEL 21,957 42,519 64,025 ELEMENTARY (0-8) 1.83% 1.45% 1.59% SOME HIGH SCHOOL (9-11) 10.34% 7.48% 6.91% HIGH SCHOOL GRAD. (12) 25.00% 22.15% 21.19% SOME COLLEGE (13-15) 27.56% 26.45% 26.00% ASSOCIATES DEGREE 8.76% 9.49% 9.59% BACHELORS DEGREE 19.48% 23.57% 24.59% GRADUATE DEGREE 7.03% 9.41% 10.14% POPULATION BY URBAN VS. RURAL URBAN 99.93% 99.65% 99.32% RURAL 0.07% 0.35% 0.68% I I I I I I I I I I I I I I ~ SOL'RCE: CLARITAS CO¡\'FfÐENn1L AlIt-:II~', 2003 I I I I »(.-1;../- ..,.... IH,I\IO(;R \PllleS 2,3, & 5 I\1ILE RADII Analysis Geography: Doughcrty Road & Duhlin Boulcvard Duhlin, CA I I I I I I I I I I I I I I DEiHOGRAPHIC DETAIL, Page 4 - -------- - 2 Mile Radius 3 Mile Radius 5 Mile Radius POPULATION 16+ BY OCCUPATION 17,000 35,478 54,691 EXECUTIVE AND MANAGERIAL 17.39"10 19.91% 20.86% PROFESSIONAL SPECIALTY 13.85% 15.51% 15.77% TECHNICAL SUPPORT 4.91% 4.83% 4.82% SALES 16.06% 17.21% 16.90% AD~STRATIVESUPPORT 18.61% 17.20% 17.04% SERVICE: PRIVATE HOUSEHOLD 0.31% 0.29% 0.30% SERVICE: PROTECTIVE 1.87% 1.79% 1.73% SERVICE: OTIIER 8.59% 7.17% 6.74% FARMING FORESTRY & FISHING 0.79% 0.66% 0.64% PRECISION PRODUCT. & CRAFT 9.92% 8.90% 8.84% MACHINE OPERATOR 2.01% 1.82% 1.74% TRANS. AND MATERIAL MOVING 2.74% 2.25% 2.25% LABORERS 2.95% 2.46% 2.37% FEMALES 16+ WITH CHILDREN 0-17 13,220 25,365 38,413 WORKING WITH ClllLD < 6 6.21% 6.17% 6.42% NOT WORKING WIlli ClllLD < 6 0.09% 0.07% 0.13% NOT IN LABOR FORCE WITH CHILD < 6 2.62% 3.03% 3.44% WORKING WIlli ClllLD 6-17 10.78% 14.04% 14.22% NOT WORKING WIlli ClllLD 6-17 0.36% 0.29% 0.25% NOT IN LAB. FORCE WITH ClllLD 6-17 2.85% 3.45% 3.68% WORKING WITH ClllLD 0-5 & 6-18 3.52% 3.73% 3.45% NOT WORKING WITH ClllLD 0-5 & 6-18 0.17% 0.22% 0.15% NOT IN LAB. FORCE W/ClllLD 0-5 & 6-18 2.49% 3.27% 3.01% WORKING WITH NO CHILDREN 38.46% 39.97% 40.78% NOT WORKING WIlli NO ClllLDREN 1.23% 1.09% 1.24% NOT IN LAB. FORCE WITH NO CHILD. 31.21% 24.67% 23.23% 1990 OWNER OCCUPIED PROPERTY VALUES UNDER $25,000 0.14% 0.10% 0.10% $25,000 TO $49,999 0.15% 0.24% 0.27% $50,000 TO $74,999 0.24% 0.20% 0.20% $75,000 TO $99,999 0.48% 0.29% 0.28% $100,000 TO $149,999 5.28% 3.28% 2.73% $150,000 TO $199,999 13.19% 8.33% 7.65% $200,000 TO $299,999 59.98% 47.49% 44.24% $300,000 TO $399,999 17.41% 29.61% 29.52% $400,000 TO $499,999 1.59% 6.99"10 9.48% $500,000+ 1.55% 3.47% 5.52% MEDIAN PROPERTY VALUE $250,893 $279,076 $287,614 I I ~ SOURCE: CLARITAS _ COiVHDE^'TJAL AI/¡.:mt.2otH I f~" ¡ ~~j I DEI\IOGRAPIIICS 2.3. & :; MILE RADII I Analysis Geography: Dnu (hcrty Rnad ...'1< Duhlin Bnulcvard Duhlin, CA I PO?l,1.AXlpAj RACE. ~ A(iE, Pogc:} I Comparative Population Growth I [J 2 Mile Radius 113 Mile Radius .5 Mile Radius I I 35% 30% 25% 20% 15% 10% 5% 0% I I 2002 - 2007 (Proj.) 1991 - 2002 (Est.) I 2002 Population By Race I [J 2 Mile Radius 113 Mile Radius .5 Mile Radius I I IIVhlte Alone Black Alone Amer IndlAlaskan Alone Asian Alone Hawaiian/Pac Isl Alone Some Other Alone Two or More Races Hispanic I I 0% 10% 20% 30% 40% 50% 60% 70% 80% I 2002 Est. Population By Age I [J 2 Mile Radius .3 Mile Radius .5 Mile Radius I I 25% 20% 15% 10% 5% 0% ().4 I I 5-8 10..4 15-17 1&.20 21.2<1 25-211 »34 35-38 - 60-68 ftO.&I .!HIII 10.14 7~ Source: 2000 Census & Updates I I ~ SOURCE: CLARITAS CONFIDENTIAl. Al/gmt.2003 I I 2~ (¿> I DEMOGRAPmCS 2,3, &:;; MILE RAmi I Analysis Geography: Doughcrty Road & Buhlin Boulevard Duhlin, C1\ I J/OUSEHOLDS, J1JARITAL STATUS. & PROPERTY VALUES, Pl1ge 6 I 1990 HOUSEHOLDS BY TYPE I 5 Mile Radius I 3 Mile Radius I 2 Mile Radius I 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% I I_ Single Male [J Single Female II Married Couple . Single Parent Family. Non-Family I I I . Single Male . Married . Single. Female II Prevo Married 1990 OWNER-OCCUPIED PROPERTY VALUES . Under $50,000 II $50,000 to $99,999 [J$100,000 to $199,999 .$200,000 + MARITAL STATUS (Age 15+) 0% 20% 40% 60% 80% 100% 100% I 80% 0.29% 0.72% 2 Mile Radius 87.56% I 60% 40% 3 Mile Radius I 20% 0.37% I 0% 5 Mile Radius 88.76% 2 Mile Radius 3 Mile Radius 5 Mile Radius I (Source: 2000 Census) I ~ SOURCE: CLARl1ìlS CO.VnÐENnn Al/gmt.2003 I I I 2(1~7 I DL\IOGRAPmCS 2,3, & 5 1\1IU: ¡{ADlI I I I 30.00% 25.00% 20.00% 15.00% 10.00% 5.00% 0.00% I I I I 25% 20% I 15% 10% I I I 10% I I I Analysis Geography: J)ougherty I{oad & J)uhlin Boulevard J)uhlin, CA _ _ __ _ _ _ ___ ____ INCOJll!~' & OCCC;PA1!2,~ Page 7 2002 Estimated Households by Income I [J 2 Mile Radius .3 Mile Radius .5 Mile Radius I $150,000 OR MORE $100,000 TO $75,000 TO $ $ 50,000 TO $ $ 35,000 TO $ $25,000 TO $ $ 15,000 TO $ ,$ 5,000 TO $ $149,999 99,999 74,999 49,999 34,999 24,999 15,000 SOurce: 2000 Census & Updates UNDER $ 5,000 Population 16+ By Occupation I [J 2 Mile Radius 113 Mile Radius .5 Mile Radius I 5% 0% ExecuUveJ Managerial Sales Admin. Support Prof. Specialty Technical Support Population 16+ By Occupation - Continued I [J 2 Mile Radius .3 Mile Radius .5 Mile Radius I 12% 8% 6% 4% 2% 0% Serviœ Transp. & Moving Laborers Fennlng & Fishing Preclslon Prad./Craft Machine Operator I ~ SOURCE: CI-AR/TAS CONFlDENT/AL Angust,2fJ03 I I . ,""r-(. I DEi\JOGR\PIIICS 2.3. & 5 !\1ILE RADII - - - - I Analysis Geography: Boughcr"t)' Road & Duhlin Houlc"urd Buhlin, C¡\ I _ _ __ _ EDUCA T!!!/~ Page 8 I Percentage of Adult Population (25+) By Education Level 102 Mile Radius 1!13 Mile Radius .5 Mile Radius I I I Graduate Degree Bachelors Degree AssOCiates Degree Some College High School Grad. SOme High School Elementary I 0% 5% 10% 15% 20% 25% 30% I POPULATION ENROLLED IN SCHOOL I I 2 Mile Radius N"" 8,198 1114% .4% I .52% .36% I 04% I I. College 0 Private Elem. or High . Public Elam. or High . Privata Pre-Primary. Public Pre-Primary I I 3 Mile Radius N"" 17,644 5 Mile Radius N"" 26,484 .4% .5% .4% .5% I .31% I I =:=j SOl'RCE: CL4R/TAS CO.'VFIDL".\'TJAL Augll\I,2{ì(J3 I I' I I I // I I I I I I I I I I I I -; *-_...m-)_--~OUghert)' Road & Dublin Boulevard \ 2,3& 5 Mile Radii I N I~::a::~g~::ry I /V Major Road I \ \ \ \ \ \ \ \ "- "- " ~"- . ~ -- ...-------.-------.-----...-.-"..... ~ / / / / / ----';( I "-" "-. / I I I I r---'-- o ----- - ~. - - - - - - ........ " " '\ ______________1' ..-----------\ ------- \ ! \ \ \ \ \ \ I - ........ , ""- --- " ..' .-- "\.. '. / / / t-/ I I I "- Dublin \ \ \ ..--.--------\ ........ ........ \ \ \ "- "- \ \ "- ........ I I ¡ I f .. I ~ I 2 i I I f i i -J L ~t I" 11. it ¡- II -¡I I~ it I~ I! ~~ ........ / / / / / / / ......... ........ - /' ,./ .;y --------- Miles 1.5 I NôRTH 3 SOSO H.,,-d _ _110 _(;4 .._ ro/, 'lS-#4J.ZJI Fu: 'JS-ifJ.fU' Prepared by Relle BrocMnr & Doug Garcia , \ , I' 1 ~oO I 1 5050 Hopyard Road, Suite 180 Pleasanton, California 94588 USA Tel: 925-463-2300 Fax: 925-463-0747 www.colliersparrish.com I I June 9, 2004 I Mr. Michael Banducci RANCOR PROPERTIES 1459 First Street Livermore, CA 94550 I RE: TENANT INTEREST - THE SHOPS AT TRALEE - DUBLIN, CALIFORNIA I Dear Mike: I This letter shall serve as a marketing update for the first five months of the year, which includes our reporting we have communicated to you via e-mail during that time. Again, this activity is a result of limimted marketing through our inventory distribution and electronic postings. I During this period, we have received interest from a variety of tenants. Although food uses dominate, a few non food retailers are new to the marketplace: I Planet Beach The Game Cage Bradley Video Black Sea Gallery Girl Mania Dental/Chiropractic office Sushi To Go Shibuya Grill Schooners Restaurant Pai Wai (P.F. Chang's quick serve concept) Rocky's Hamburgers Jamba Juice Noodle House 1,600-2,100± SF 1,200± SF 4,000-6,000± SF 4,OOO± SF 2,000± SF 2,000± SF 900± SF 1,000± - 2,000±SF 4,000-5,000± SF (Pad Building) 3,500± SF 1,200± SF 1,500± SF 2,000-3,OOO± SF I I I I See attached Exhibit of Previously Reoorted Tenant Interest I Once approvals are obtained we are ready to implement the full scope of our marketing and direct our efforts to the tenant mix we envision for the project. At the same time we will respond to the offers we do have and solicit offers from all others on the list. I I An Independent Member of Colliers International with Commercial Real Estate Offices throughout the Americas, Europe. Middle East, Asia Pacific and Africa I' Mr. Michael Banducci BANCOR PROPERTIES June 9, 2004 Page 2 30( I I I We are enthused by the interest in the project and are confident we will have success in leasing the project. Like you, we look forward to seeing the Shops of Tralee become a reality. I Sincerely, I René Brochier Vice President RIEDY COMMERCIAL ~ Phil Riedy r¡ Principal I COLLIERS INTERNATIONAL ~~ REB(ltban609-e)em/jl I I I I I I I I I I I I S :lDeptShare\Ebword\Broehierlltban609,doe I I I I 5050 Hopyard Road. Suite 180 Pleasanton. California 94588 USA Tel: 925-463-2300 Fax: 925-463-0747 www.colliersparrish.com I I I I I I I I I I I I I I Previously Reported Tenant Interest The Shops at Tralee Retail Relax the Back Hollywood Video Nutrition Store (undisclosed) Audio Express Game Stop All Star Sports Wine & Travel Store* Specialty Furniture (undisclosed) 2,000sf 4 - 6,000sf 800 - 1, 100sf 1,200 - 1,500sf 1,800sf 2,000± SF 1,000-1,200± SF 4,000± SF 30 Þ-- I An Independent Member of Colliers International with Commercial Real Es¡ate Offices throughout the Americas. Europe. Middle East, Asia Pacific and Africa Restaurants Quizno's Chipotle Gourmet Burrito Nick & Willies Pizza Camille's Sidewalk Café MegaByte Pizza Robeks (Smoothies, etc.) Dominos Pizza Panera Bread Numi Tea Tapioca Express Tacone Wraps Pablo's Pizza Chat Café* Milanos Restaurant Z-Pizza Fat Burgers Kan Pai Sushi* The Carvery at Harry's Hoffbrau Dos Coyotes Hawaiian Island BBQ 1,500sf 1,800 - 2,500sf 1,500sf 1,500sf 2,200 - 2,800sf 2,000sf 900 - 1,300sf 1,500sf 5,000sf 1,200sf 1,000sf 1,500sf 2,500sf 2,000± SF 4,000-5,000± SF (Pad Building) 1,100-1,400± SF 2,500± SF 1 ,500± SF 4,000-5,000± SF 2,000± SF 1,500~2,000± SF Services Aims Mail Center Regis Salons Fantastic Sams CleanTech (Dry Cleaners) Genova Deli & Bakery Starbucks Henry's Nails Valley Community Bank Dental office Liberty Fitness Great Clips 1 - 1,200sf 900 - 1,200sf 1,100 - 1,300sf 1,000sf 4,200sf 1,500 - 1,800sf 1,000sf 3,000± SF 1,300-1,600± SF 1,200-1,500± SF 1,200-1,500± SF I I I I I I I I I I I I I I I I I I I ¿;l~ 6617 Dublin Boulevard Rear of Union 76 Station looking South from Proposed Townhouses . ,"."i'~~"~"~'" ',' '" Union 76 Gas Station at Intersection of Dougherty Road and Dublin Blvd. Looking West Across Dougherty Rd. Looking Across Dublin Boulevard I I I I I I I I I I I I I I I I I I I 30t 6617 Dublin Boulevard '"-\1""''''' Dublin Blvd. Side of Property ..~~.~..... /'~~,.; , Dublin Blvd. Side of Property ~ West Side of Property Rear of Property at Sierra Lane Rear of Property at Sierra Lane East Side of Property from Dougherty I I I I I I I I I I I I I I I I I I I 3,yÇ 6617 Dublin Boulevard Neighbor to the West Neighbor to the West Neighbor to the West Neighbor to the North Neighbor to the North Neighbor to the North I I I I I I I I I I I I I I I I I I I 3~ 6617 Dublin Boulevard Neighbor to the North Neighbors to the Northeast Neighbor to the East Neighbors to the East Neighbor to the South Neighbor to the South