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HomeMy WebLinkAboutPC Reso 23-01 PLPA-2021-00014 BranaughReso. No. 23-01, Item 6.1, Adopted 02/14/2023 Page 1 of 3 RESOLUTION NO. 23 – 01 A RESOLUTION OF THE PLANING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING AN ADDENDUM TO THE EASTERN DUBLIN SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORTS, AN AMENDMENT TO THE ZONING MAP, AMENDMENTS TO PLANNED DEVELOPMENT ORDINANCE NO. 32-05 FOR FALLON VILLAGE, A PLANNED DEVELOPMENT ZONING STAGE 2 DEVELOPMENT PLAN, VESTING TENTATIVE PARCEL MAP NO. 9306 AND A DEVELOPMENT AGREEMENT RELATED TO THE BRANAUGH PROPERTY PROJECT PLPA-2021-00014 (APN# 905-0001-004-04) WHEREAS, the property owner, BEX Development, is requesting approval to subdivide the 40.16-acre site into four parcels to accommodate proposed residential and industrial development. The project would allow up to 97 units within 9.87 acres designated Medium -Density Residential and approximately 527,773 square feet of industrial use on 30.29 acr es designated Industrial Park. Requested approvals include amendments to Planned Development Stage 1 Development Plan (Ordinance No. 32-05 for Fallon Village), a Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Parcel Map No. 9306 and a Development Agreement. These planning and implementing actions are collectively known as the “Branaugh Property Project” or the “Project;” and WHEREAS, the 40.16-acre Project site (APN 905-0001-004-04) is located in eastern Dublin adjacent to the city boundary and along the future Dublin Boulevard extension ; and WHEREAS, the existing General Plan and Eastern Dublin Specific Plan land use designations are Medium-Density and Industrial Park; and WHEREAS, the Project site is located within Planned Development zoning district Ordinance No. 32-05; and WHEREAS, amendments to Planned Development Ordinance No. 32-05 for Fallon Village are necessary for consistency with the proposed Stage 2 Development Plan; and WHEREAS, the proposed Vesting Tentative Parcel Map will allow for the orderly division of the Branaugh property into four parcels consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan for the division of land; and WHEREAS, Government Code Sections 66428 of the Subdivision Map Act provide that a Tentative Parcel Map may be used when the purpose of the map is to create four or fewer parcels; and WHEREAS, the California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and Reso. No. 23-01, Item 6.1, Adopted 02/14/2023 Page 2 of 3 WHEREAS, prior CEQA analysis for the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the “EDSP EIRs;” and WHEREAS, in compliance with CEQA, the City prepared a CEQA Addendum for the Project (the “Addendum”), incorporated by reference; and WHEREAS, the Addendum reflects the City’s independent judgment and analysis of the potential environmental impacts of the Project, and concludes that the Project would not result in any new significant impacts or substantially increase the severity of any si gnificant impacts identified in the EDSP EIRs and no other CEQA standards for supplemental review are met; and WHEREAS, a Staff Report was submitted, and incorporated herein by reference, described and analyzed the Project for the Planning Commission; and WHEREAS, on February 14, 2023, the Planning Commission held a properly noticed public hearing on the Project, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission considered the Addendum, the EDSP EIRs, all above-referenced reports, recommendations, and testimony to evaluate the Project , and the Planning Commission did further hear and consider all said reports, recommendations, and testimony hereinabove as set forth before taking any action. 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 pursuant to CEQA and the CEQA Guidelines, on the basis of substantial evidence set forth in the record, includ ing but not limited to, EDSP EIRs, the Addendum, and all related information presented to the Planning Commission, that the environmental effects of the proposed Project were sufficiently analyzed and that an Addendum is the appropriate environmental document for the proposed Project. BE IT FURTHER RESOLVED that the Project will not result in any new significant impacts or substantially increase the severity of any significant impacts identified in the previous CEQA documents and no further environmental review under CEQA is required. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve an Addendum to the EDSP EIRs and adopt an Ordinance, attached as Exhibit A and incorporated herein by reference, approving a Planned Development Zoning Stage 1 Development Plan amendment, amending the Zoning Map and approving a Stage 2 Development Plan based on findings, as set forth in Exhibit A. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve the Resolution, attached as Exhibit B and incorporated herein by reference, approving Vesting Tentative Parcel Map No. 9306 based on the findings and conditions of approval, as set forth in Exhibit B. Reso. No. 23-01, Item 6.1, Adopted 02/14/2023 Page 3 of 3 BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt an Ordinance attached as Exhibit C approving a Development Agreement between the City of Dublin and BEX Development based on findings, as set forth in Exhibit C. PASSED, APPROVED AND ADOPTED this 14th day of February 2023, by the following vote: AYES: AINI, GRIER, THALBLUM, TYLER, WRIGHT NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: ______________________________ Community Development Director Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 9 ORDINANCE NO. xx – 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * AMENDING THE ZONING MAP AND APPROVING AMENDMENTS TO PLANNED DEVELOPMENT ZONING ORDINANCE NO. 32-05 FOR FALLON VILLAGE AND APPROVING A PLANNED DEVELOPMENT ZONING STAGE 2 DEVELOPMENT PLAN FOR THE BRANAUGH PROPERTY PLPA 2021-00014 (APN 905-0001-004-04) The Dublin City Council does ordain as follows: SECTION 1. RECITALS A. The Branaugh Property is located in the Fallon Village Project area. Through Ordinance No. 32-05, the City Council adopted a Planned Development Zoning Stage 1 Development Plan the Fallon Village Project Area which, among other approvals, established the maximum number of residential units at 3,108 units for the Fallon Village Project Area. B. The Applicant, Randy Branaugh, is requesting a Planned Development Zoning Stage 2 Development Plan and amendments to the Stage 1 Development Plan. The proposed Project would allow up to 97 residential units and 527,773 square feet of industrial uses. Requested land use approvals include a Planned Development Zoning Stage 2 Development Plan, amendments to the Stage 1 Development Plan, and Vesting Tentative Parcel Map No. 9306 and a Development Agreement among other related actions. These planning and implementing actions are collectively known as the “Branaugh Property Project” or the “Project.” C. The 40.16-acre Project site (APN 905-0001-004-04) is located in eastern Dublin, north of Interstate 580 and immediately adjacent to the City limit and urban limit line. D. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared an Addendum for the Project, which reflected the City’s independent judgment and analysis of the potential environmental impacts of the Project. Prior CEQA analysis for the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the “EDSP EIRs.” E. Following a public hearing on February 14, 2023, the Planning Commission adopted Resolution No. 23-xx, recommending approval of the Addendum and the Branaugh Property Project. F. The City Council considered the Addendum to the EDSP EIRs, and all above referenced reports, recommendations, and testimony prior to taking action on the Project. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 9 G. On _________, the City Council adopted Resolution No. xx-23 approving Vesting Tentative Parcel Map No. 9306. SECTION 2: FINDINGS A. Pursuant to Section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council finds as follows: 1. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 in that 1) it provides maximum flexibility and diversification in the development of property,; 2) maintains consistency with, and implement the provisions of, the Dublin General Plan and the Eastern Dublin Specific Plan; 3) protects the integrity and character of both residential and non-residential areas of the City; 4) encourages efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features; 5) provide for effective development of public facilities and services for the site; 6) encourages use of design features to achieve development that is compatible with the area; and 7) allows for creative and imaginative design that will promote amenities beyond those expected in conventional developments. 2. The proposed amendment would be harmonious and compatible with existing and potential development in surrounding areas in that 1) the proposed project is located within the Fallon Village Stage 1 Development Plan area which has a mixed of residential, commercial and industrial areas; 2) the project’s residential area will be consistent the planned residential project (East Ranch) to the north and medium density residential land use to the west and 3) the industrial area to the west is envisioned to be developed with similar and compatible uses. 3. The subject site is physically suitable for the type, intensity of the zoning districtbeing proposed in that the proposed density and development standards in the proposed zoning is consistent with the existing Stage 1 Development Plan and existing land use designations in the General Plan and Eastern Dublin Specific Plan. 4. The proposed amendment 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 1) the proposed amendment addresses the planned design of the Dublin Boulevard extension and provides for a higher FAR for warehousing uses only consistent with the General Plan and Eastern Dublin Specific Plan and 2) the industrial area to the west is envisioned to be developed with similar and compatible uses. 5. The proposed amendment is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan in that the proposed land uses are densities are consistent with existing land use designations in the General Plan and Eastern Dublin Specific Plan. B. Pursuant to Ordinance No. 32-05 Section 3.2.A.3), the City Council makes the following findings regarding the amendments to the Stage 1 Development Plan as follows: 1. The proposed use and development is consistent with the General Plan, Eastern Dublin Specific Plan and Zoning Ordinance. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 9 2. The proposed development is consistent with Stage 1 and 2 design guidelines. 3. Appropriate transitions are developed between projects where an industrial use is adjacent to a different use. These transitions can be created through careful design of landscaping, consideration of the relationship of the uses to buildings on surrounding sites, building and circulation layout, and setbacks. 4. The size, scale and intensity of development do not conflict with the character of the district and adjacent land uses. 5. Adequate space, light, and air along with visual and acoustical privacy are provided. 6. No excessive noise, illumination, unsightliness, odor, smoke, and other objectionable influences are generated. 7. On and off-site vehicular and pedestrian linkages and circulation are functional and minimize barriers. 8. Streetscapes and parking lots are varied, create visual interest and are pedestrian friendly. 9. The development provides access to public transit and services. 10. Adequate on-site parking, including the ability to participate in shared parking, is provided. 11. Where possible, certain elements should be coordinated and shared, including access drives; internal circulation; perimeter open space and landscape buffers; service, loading, and refuse locations; and drainage, detention, and water quality facilities. C. Pursuant to the Eastern Dublin Specific Plan Section 4.8.2 related to the increase in FAR to 0.40 for warehousing uses, the City Council finds as follows: 1. Unique project characteristics which result in reduced impacts relative to other uses in the same area (e.g., lower traffic generation); 2. Unique project building requirements (e.g., warehouse uses that have large land coverage requirements but low employment densities); and 3. Extraordinary benefits to the City. The establishment of the Economic Development Zone (EDZ) and Incentives package was approved by City Council on May 18, 2021, for properties east of Fallon Road along the Dublin Boulevard extension. The EDZ encourages investments in the targeted industry sectors prioritized by City Council, including “Med-Tech” and “Bio-Tech” companies and startups. The final users of the industrial parcels are unknown and therefore, the Planned Development Stage 2 Development Plan provides flexibility to support uses targeted by the EDZ incentives package. An FAR of 0.40 for warehousing uses is needed to obtain the building square footage to meet the users’ needs. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 9 SECTION 3. AMENDMENTS TO THE OF STAGE 1 DEVELOPMENT PLAN ORDINANCE NO. 32-05 Fallon Village Stage 1 Development Plan On December 20, 2005, the City Council approved a Stage 1 Development Plan for the 1,134- acre Fallon Village Project, pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. The Planned Development Stage 1 Development Plan for the Fallon Village Project is amended as shown below: 5. Site area, proposed densities. The Table in Section 5 (Site area, proposed densities) of Ordinance 32-05 is amended to add a footnote to the Industrial Park land use, as shown below to, increase the FAR for the Industrial Park land use on the Branaugh Property to 0.40 FAR as follows: Land Use Acreage Density Single Family Residential 403.6 acres 0-6.0 units/acre Medium Density Residential 60.1 acres 6.1-14.0 units/acre Medium High Density Residential 23.8 acres 14.1-25.0 units/acre Rural Residential/Agriculture 142.9 acres 1 unit/100 acres Mixed Use 6.4 acres 0.3-1.00 FAR General Commercial 72.1 acres 0.20-0.60 FAR General Commercial/ Campus Office 72.7 acres 0.2-0.80 FAR Industrial Park 61.3 acres 0.35 / 0.40 FAR1 Community Park 18.3 acres -- Neighborhood Park 23.6 acres -- Neighborhood Square 8.0 acres -- Open Space 211.2 acres -- Elementary School 21.1 acres -- Semi-Public 4.1 acres 0.50 FAR Public/Semi-Public 4.5 acres 0.50 FAR 1The maximum FAR for warehousing uses is 0.40 FAR for the Branaugh Property only. For all other uses and parcels the maximum FAR is 0.35 FAR. SECTION 4: ZONING MAP AMENDMENT Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District: 40.16-acres within APN 905-0001-004-04 (the “Property”) Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 9 A map of the rezoning area is shown below: SECTION 5. APPROVAL OF STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan for the entire 40.16-acre project area, which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. Stage 2 Development Plan The following is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements of a Stage 2 Development Plan and is adopted as part of the PD-Planned Development rezoning for the Branaugh Property (PLPA-2021-00014). The PD-Planned Development District and this Stage 2 Development Plan provides 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 compatibility with the Stage 1 Development Plan. The Branaugh Property Stage 2 Development Plan is consistent with the Stage 1 Development Plan for the Fallon Village Project area (Ordinance No. 32-05), as amended in Section 3 above. 2. Statement of Uses. Permitted, conditional, accessory and temporary uses are allowed as set forth in the Stage 1 Planned Development Rezone amendment for Fallon Village in Ordinance No. 32-05, incorporated herein by reference. 3. Stage 2 Site Plan. The following Stage 2 Site Plan is conceptual. Final site design shall be determined by the Site Development Review Permit. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 9 4. Development Regulations. Industrial Development Standards STANDARD Maximum FAR(1) 0.35 / .040 Maximum Building Height (4)(5) 35 feet Maximum Stories 3 Minimum Building Setbacks (2) (3) Dublin Blvd ROW 25 feet Adjacent Property 10' 10 feet Building Side to Side 18' 18 feet Minimum Parking Setback(2) Dublin Blvd ROW 10' 10 feet Entry Street 10' 10 feet Adjacent Property 10' 10 feet Required Parking Refer to Chapter 8.76 of the Dublin Municipal Code Notes: (1) The maximum FAR for warehousing uses is 0.40 FAR. For all other uses the maximum FAR is 0.35 FAR. (2) Setbacks measured from property line or as otherwise noted. (3) Items such as, but not limited to, air conditioning condensers, porches, chimneys, bay windows, retaining walls less than 4' in height, media centers, etc. may encroach 2' into the required setback. Subject to Building Code requirements for access. (4) Elevator overruns, stair coverings, decorative roof elements, and other architectural or mechanical appetences on buildings may extend a maximum of 5 feet above the maximum building height. (5) Proposed construction within 20,000 feet of Airport Runway may require FAA review. Building height subject to FAA Airspace Obstructions Standards Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 9 Residential Development Standards CRITERIA Medium Density Lot Medium Density Small Lot Medium Density Duplex/Triplex Product Type Single Family Detached Single Family Detached Attached Multi-Family Lot Size 4000 SF and Greater 3000 SF and Greater N/A Typical Lot Width(16) 50' Wide and above 40' Wide and Above N/A Maximum Lot Coverage (13) (14) 45% Two Story; 55% One Story 55% N/A Maximum Building Height (4)(17) 35' 35' 40' Maximum Stories (7) 2 2 3 Minimum Front Yard Setbacks (1) (2)(11)(16)(18) Living Area 12' 10' to ROW or 8' to Court 8' to ROW; 20' Building to Building Porch 10' 8' to ROW or 6' to Court 6' to ROW; 15' Porch to Porch Garage (8) 18' Front Load 18' Front Load 4' to ROW/Alley 14' Side Load Minimum Side Yard Setbacks (1)(2)(3)(4)(5)(10) Living Area 4'/5' Garage Side 4'/5' Garage Side 0/5' Porch 4' 4' 0/5' Courtyard (6)(15) 0' 0' 0' Encroachments (3) (3) (3) Minimum Rear Yard Setbacks (1)(2)(9)(11)(13) Living Area 12' avg per lot.; 5' min (4) 10' avg per lot.; 5' min (4) 5' (13) Covered Patio 10' 5' N/A Accessory Structures Refer to Chapter 8.40 of Municipal Code Refer to Chapter 8.40 of Municipal Code Refer to Chapter 8.40 of Municipal Code Required Parking (12)(19) Refer to Chapter 8.76 of Municipal Code Refer to Chapter 8.76 of Municipal Code Refer to Chapter 8.76 of Municipal Code Maximum Encroachments(3) 2' 2' 2' Minimum Usable Private Open Space (SF) 400 S.F with a min. dimension of 10 ft. Yard area may be provided in more than 150 S.F with a min. dimension of 5 ft 100 SF patio with a 10' min dimension or a 50 SF upper level deck with a 5' min Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 9 one location within a lot with a min of 80 SF yard or courtyard area. inside dimension Notes: (1) Setbacks measured from property line or as otherwise noted. Setbacks to "Court" refer to back of curb. (2) See following pages for graphic depiction of above standards. (3) Items such as, but not limited to air conditioning condensers, porches, chimneys, bay windows, retaining walls less than 4' in height, media centers, etc. may encroach 2' into the required setback of one side yard, provided a minimum of a 3' flat and level area is maintained for access around the house. (4) Subject to the Building Code requirements for access. (5) Building setbacks shall be subject to review and approval of Building Official for Building Code and Fire Code issues. Setback to building overhang shall be 3' minimum or as required by current City Building Code Standards. (6) Maximum height of a front yard courtyard wall shall be 30" maximum (solid wall) or 42" maximum (transparent/fence) (7) The third floor must be stepped back from front and rear elevation to reduce building mass. (8) Three car garages door and swing in garages are prohibited on lots less than 55' wide. (9) Retaining walls up to 4' high may be used to create a level usable area. Retaining walls in excess of 4' to create usable area are subject to review and approval of the Community Development Director. Retaining walls over 30" in height are subject to safety criteria as determined by the Building Official. (10) Where a minimum 5' HOA parcel lies between a lot and an adjacent street, the lot is not considered a corner lot and interior lot setback standards shall apply. (11) At cul-de-sac bulbs, knuckles and similar conditions where lot depths are less than the standard depth, minimum rear yard setback requirements may be reduced by an amount equal to the min. lot depth minus the actual depth of the lot (i.e.: 100'-90'=10'). In no case will the rear yard setback be reduced to less than 10'. (12) Curbside parking may be counted toward required number of guest spaces. 2 covered side-by- side spots shall be provided. Tandem spaces may not be utilized to meet the parking requirement. (13) Rear Multi Family setback refers to property lines not considered ROW. (14) Driveway apron shall be centered on the garage door. In instances where 3-car front on garages are utilized the driveway apron shall be centered on the entire front on garage plane. (15) Courtyard wall to return to side yard fence or front plane of main residential structure. (16) Lot width dimensions may vary to provide product diversity within each neighborhood, and atypical lot shapes (i.e. non-rectangular) (17) Elevator overruns, stair coverings, decorative roof elements, and similar structures can exceed the building height limit by a maximum of 15 percent. (18) Minimum front / corner setback to living and porch may be subject to grading and specific location of top of pad hinge line. A minimum flat distance of 2' should be maintained between foundation and top of pad hinge. 5. Architectural Guidelines. Please refer to Exhibit A. 6. Landscaping Guidelines. Please refer to Exhibit B. 7. Inclusionary Zoning Regulations. The project shall comply with the Inclusionary Zoning Regulations (Chapter 8.68) for the provision of affordable housing as a residential development of 20 units or more. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 9 of 9 8. Applicable Requirements of the Dublin Zoning Ordinance. Except as specifically provided in this Stage 2 Development Plan and the Stage 1 Development Plan (Ordinance No. 32-05), the use, development, improvement and maintenance of the Property shall be governed by the provision of the Dublin Zoning Ordinance pursuant to 8.32.060C or its successor. The closest comparable zoning districts are as follows: Residential: R-M Multi-Family Residential District Industrial: M-P Industrial Park and M-2 Heavy Industrial Zoning District, whichever is least restrictive. SECTION 5. POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public spaces in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect thirty (30) days following its adoption. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this ___ day of _______, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________ City Clerk Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 13 RESOLUTION NO. xx-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING VESTING TENTATIVE PARCEL MAP NO. 9306 FOR THE BRANAUGH PROPERTY (APN# 905-0001-004-04) PLPA-2021-00014 WHEREAS, the property owner, BEX Development, is requesting approval to subdivide the 40.16-acre site into four parcels to accommodate proposed residential and industrial development. The project would allow up to 97 units within 9.87 acres designated Medium-Density Residential and approximately 527,773 square feet of industrial use on 30.29 acres designated Industrial Park. Requested approvals include amendments to Planned Development Stage 1 Development Plan (Ordinance No. 32-05 for Fallon Village), a Planned Development Zoning Stage 2 Development Plan, Vesting Tentative Parcel Map No. 9306 and a Development Agreement. These planning and implementing actions are collectively known as the “Branaugh Property Project” or the “Project;” and WHEREAS, the 40.16 acre Project site (APN 905-0001-004-04) is located in eastern Dublin adjacent to the city boundary and along the future Dublin Boulevard extension; and WHEREAS, the proposed Vesting Tentative Parcel Map will allow for the orderly division of the Branaugh property into four parcels consistent with the City of Dublin General Plan and Eastern Dublin Specific Plan for the division of land; and WHEREAS, Government Code Sections 66428 of the Subdivision Map Act provide that a Tentative Parcel Map may be used when the purpose of the map is to create four or fewer parcels; and WHEREAS, the California Environmental Quality Act (CEQA), together with the CEQA Guidelines and City of Dublin CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, prior CEQA analysis for the Project area includes: 1) the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993); 2) the East Dublin Properties Stage 1 Development Plan and Annexation Supplemental EIR (2002); and 3) the Fallon Village Supplemental EIR (2005). Collectively, these three environmental review documents are referred to as the “EDSP EIRs;” and WHEREAS, in compliance with CEQA, the City prepared a CEQA Addendum for the Project (the “Addendum”), incorporated by reference; and WHEREAS, the Addendum reflects the City’s independent judgment and analysis of the potential environmental impacts of the Project, and concludes that the Project would not result in any new significant impacts or substantially increase the severity of any significant impacts identified in the EDSP EIRs and no other CEQA standards for supplemental review are met; Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 13 WHEREAS, following a public hearing on February 14, 2023, the Planning Commission adopted Resolution No. 23-XX, recommending approval of the Branaugh Property Project, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours; and WHEREAS, a Staff Report dated ________, and incorporated herein by reference, described and analyzed the Project for the City Council; and WHEREAS, on _______, the City Council held a duly noticed public hearing on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the City Council considered the Addendum and all above-referenced reports, recommendations, and testimony to evaluate the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this R esolution. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby make the following findings and determinations regarding the proposed Vesting Tentative Parcel Map No. 9306 for the Project: A. The proposed subdivision map together with the provisions for its design and improvement is consistent with the general plan and any applicable specific plan in that: 1) the proposed Vesting Tentative Parcel Map No. 9306 together with the provisions for the design and improvements comply with the development standards of the Eastern Dublin Specific Plan; 2) it is consistent with the land use and acreages of the Dublin General Plan and the Eastern Dublin Specific Plan; 3) it provides for the extension of Dublin Boulevard; and 4) respects the Airport Protection Area Line as the limit of residential development. B. The subdivision site is physically suitable for the type and proposed density of development in that: 1) the design and improvements of Vesting Tentative Parcel Map No. 9306 are consistent with the General Plan and Eastern Dublin Specific Plan objectives, polices, general land uses, and programs as they relate to the subject property in that it is a subdivision for the implementation of Medium-Density Residential and Industrial Park uses and is designated for these types of developments; 2) the Project site is physically suitable for the type and proposed density of development and is consistent with the land use designations of the Eastern Dublin Specific Plan, and consistent with the Stage 1 and Stage 2 Development Plan as amended and adopted with this Project; 3) the subject property is a hillside development and generally slopes from the north east corner to I-580; 4) the project proposes to mass grade the site and flatten it where necessary to allow for intended future users and create the Dublin Blvd extension road subgrade; 5) The grading proposed for the project will take into consideration the hilly terrain and will be designed to avoid excessive cuts and fills; and 6) a slope is proposed between the residential and industrial which provides a buffer between the uses. Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 13 C. The tentative tract map is consistent with the intent of applicable subdivision design or improvements of the tentative tract map are consistent with the city’s general plan and any applicable specific plan in that: Vesting Tentative Parcel Map No. 9306 is consistent with the General Provisions and Development Standards for the Planned Development Zoning District for the Fallon Village area of which the site is a part, and the proposed Stage 2 Development Plan adopted with this Project. D. The subdivision design and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: 1) Vesting Tentative Parcel Map No. 9306 will not cause environmental damage or substantially injure fish or wildlife of their habitat; 2) the project site is located adjacent to major roads, including I-580 and the future extension of Dublin Boulevard, on approximately 40.16 acres of land; and 3) the topography of the property consists of rolling hills; however with an approved grading plan this site is physically suitable for the type and intensity of Medium-Density Residential and Industrial Park, uses. E. The design of the subdivision or type of improvements will not cause serious public health concerns in that: 1) the project is consistent with the Eastern Dublin Specific Plan policies and the City’s zoning ordinances enacted for the public health, safety, and welfare; 2) the project will not adversely affect the health or safety of persons residing or working in the vicinity nor will it be detrimental to public health, safety, or welfare; 3) additionally, no noxious odors, hazardous materials, or excessive noises will be produced; 4) in order to ensure adequate emergency vehicle access to all portions of the site access is currently provided via Collier Canyon Road and will be provided from Croak Road via the Central Parkway Extension approved as part of the East Ranch Project and the future Dublin Boulevard Extension and 5) pursuant to CEQA Guidelines the City prepared a CEQA Addendum for the Project and, therefore, the proposed subdivision will not result in environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. F. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; or alternate easements are provided pursuant to Government Code in that: 1) 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; and 2) the City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. G. The design or improvements of the tentative map are consistent with the city’s general plan and any applicable specific plan in that: 1) the proposed Vesting Tentative Parcel Map will subdivide the property, which is consistent with the Stage 1 Development Plan approved for the Fallon Village area, the proposed Stage 2 Development Plan as adopted for this Project, and the City of Dublin Zoning Ordinance, General Plan and Eastern Dublin Specific Plan; and 2) the Vesting Tentative Parcel Map will not alter the use of the site, which is allowed residential and industrial uses. H. The subdivision is designed to provide for future passive or natural heating or cooling opportunities in that: 1) any future development will be required to comply with the Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 13 California Green Building Code; and 2) landscaping will be provided throughout the surface parking lot providing natural shading. I. The tentative tract map, including design and improvement, shall comply with all the applicable provisions and requirements of the zoning ordinance, the latest municipal stormwater permit issued to the city by the Regional Water Quality Control Board, this title, any other ordinance of the city, and the Subdivision Map Act in that: 1) the proposed Vesting Tentative Parcel Map creates four parcels which is consistent with the Stage 1 Development Plan approved for the Fallon Village area, the Stage 2 Development adopted for this Project, and the City of Dublin Zoning Ordinance, General Plan, and Eastern Dublin Specific Plan; and 2) the Project is compliant with the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit; 3) the Project would include bioretention areas and stormwater treatment vaults to ensure consistency with regional C.3 stormwater treatment; and 4) the Project would include full trash capture devices to ensure consistency with regional C.10 stormwater treatment requirements. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby conditionally approves Vesting Tentative Parcel Map No. 9306, attached Exhibit A, for the Branaugh Property, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [PL.] Planning, [B] Building, [PO] Police, [PW] Public Works [P&CS] Parks & Community Services, [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County Department of Environmental Health, [Z7] Zone 7. # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: GENERAL CONDITIONS 1. Approval. This approval is for Vesting Tentative Parcel Map (PLPA-2021-00014). This approval shall be as generally depicted and indicated on the Vesting Tentative Parcel Map No. 9306 prepared MacKay & Somps, dated December 2022, attached as Exhibit A and other plans, text, and diagrams relating to this project, and as specified as the following Conditions of Approval. PL Ongoing 2. Effectiveness: This Vesting Tentative Parcel Map approval shall become effective only if the Ordinance approving the companion Planned Development Zoning Stage 2 Development Plan becomes effective. Should such Ordinance not become effective within 12 months of this approval of this resolution, this approval shall be null and void. PL Ongoing 3. Compliance. Applicant/Developer shall comply with the Various Final Map Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 13 # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: Subdivision Map Act, the City of Dublin Subdivision and Zoning Ordinances, City of Dublin Title 7 Public Works Ordinance, which includes the Grading Ordinance, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. Public improvements constructed by Applicant/Developer to be paid in whole or in part out of public funds and to be dedicated to the City are hereby identified as “public works” under Labor Code section 1771. Accordingly, Applicant/Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). Approval or Grading Permit 4. Hold Harmless/Indemnification. Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law: provided, however, that the Applicant/Developer’s duty to so defend, indemnify, and hold harmless shall be subject to the City’s promptly notifying the Applicant/Developer of any said claim, action or proceeding and the City’s full cooperation in the defense of such actions or proceedings. ADM On-going 5. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these Conditions of Approval, the City Engineer and Community Development Director have the authority to clarify the intent without going to a public hearing. The City Engineer and Community Development Director also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts of this project. PL, PW On-going PLANNING – PROJECT SPECFIC CONDITIONS 6. Mitigation Monitoring Program. Applicant/ Developer shall comply with CEQA Addendum for Branaugh Property dated December 15, 2022, including all PL, PW Approval of Improvement Plans and On- Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 13 8. Conditions of Approval. Applicant/Developer shall comply with the City of Dublin Public Works Standard Conditions of Approval contained below (“Standard Condition”) unless specifically modified by Project Specific Conditions of Approval below. PW On-going 9. Fees. At the time of grading permit issuance, the Applicant/Developer shall pay only those fees normally due at the time of the grading permit issuance. All other fees, including, but not limited to, Planning fees; Building fees; Dublin San Ramon Services District fees; Public Facilities fees; Transportation Impact Fees; City of Dublin Fire fees; Noise Mitigation fees; Inclusionary House In-Lieu Various Depts Grading Permit # CONDITION TEXT RESPON. AGENCY WHEN REQ’D Prior to: mitigation measures, action programs, and implementation measures contained in the Eastern Dublin General Plan Amendments and Specific Plan EIR, East Dublin Properties SEIR and Fallon Village SEIR. Applicant/Developer shall provide to the Planning Division and Public Works Department a copy of the mitigation measures maintenance manual and schedule for reference, including maintenance procedures and protocols to follow after mitigation reporting is complete. going 7. Inclusionary Housing. The proposed project shall comply with the City of Dublin Inclusionary Zoning Regulations as follows: The inclusionary housing requirement is 12.5 percent of the total number of units within the development and shall be satisfied as follows unless an alternate method of compliance is approved by City Council consistent with the Inclusionary Zoning Regulations: • In-Lieu Fee: 40 percent of the total number of inclusionary units within the development shall be satisfied via payment of an “In-Lieu Fee” as provided by the City’s Impact Fee Schedule. • On-site Affordable Units: 60 percent of the total number of inclusionary units within the development shall be developed on site. • On-site Affordable Units shall be dispersed throughout the neighborhood and constructed concurrently with the market rate units. • Execution of an agreement imposing appropriate resale controls and/or rental restrictions on the affordable units shall be required in accordance with DMC Chapter 8.68. PL On-going PUBLIC WORKS – GENERAL CONDITIONS Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 13 fees; Alameda County Flood Control and Water Conservation District fees shall be paid at the time of filing the Final Map, or upon issuance of building permits as may be applicable to such fees. PUBLIC WORKS – PERMITS AND BONDS 10. Encroachment Permit. Applicant/Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way. At the discretion of the City Engineer an encroachment permit for work specifically included in an Improvement Agreement may not be required. PW Permit Issuance 11. Grading Permit. Applicant/Developer shall obtain a Grading Permit from the Public Works Department for all grading. PW Permit Issuance 12. Security. Applicant/Developer shall provide faithful performance security to guarantee the improvements, as well as payment security, as determined by the City Engineer (Note: The performance security shall remain in effect until one year after final inspection). PW Permit Issuance 13. Permits from Other Agencies. Applicant/Developer shall obtain all permits and/or approvals required by other agencies including, but not limited to: • Army Corps of Engineers • US Fish and Wildlife • Regional Water Quality Control Board • Federal Emergency Management Agency • California Department of Fish and Wildlife • California Dept. of Transportation (Caltrans) • Bay Area Rapid Transit (BART) • Livermore-Amador Valley Transit Authority (LAVTA) • Tri-Valley-San Joaquin Valley Regional Rail Authority • Dublin San Ramon Services District (DSRSD) • Alameda County Flood Control and Water Conservation District Zone 7 (Zone 7) PW Permit Issuance PUBLIC WORKS – PARCEL MAP, EASEMENTS AND ACCESS RIGHTS 13. Dedications. All rights-of-way and easement dedications required by these conditions or determined necessary by the City Engineer shall be shown on the Parcel Map. At City Engineer’s discretion, Applicant/Developer may alternatively reserve said easements and rights-of-way on the Parcel Map and dedicate by separate deed instrument, in form satisfactory to the City Engineer. PW Approval of Parcel Map Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 13 14. Public Service Easements. A Public Service Easement (PSE) shall be dedicated along the project’s frontage to allow for the proper placement of public utility vaults, boxes, appurtenances or similar items behind the back-of-sidewalk. Private improvements such as fences, gates or trellises shall not be located within the PSE. PW Approval of Parcel Map 15. Abandonment of Easements. Applicant/Developer shall obtain abandonment from all applicable public agencies of existing easements and rights-of-way within the project site that will no longer be used. Prior to completion of abandonment, the improvement plans may be approved if the Applicant/Developer can demonstrate to the satisfaction of the City Engineer that the abandonment process has been initiated. PW Approval of Parcel Map 16. Acquisition of Easements. Applicant/Developer shall be responsible for obtaining all on-site and off- site easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements not located on their property. The Applicant/Developer shall prepare all required documentation for dedication of all easements on-site and off-site. The easements and/or rights-of-entry shall be in writing and copies furnished to the Public Works Department. PW Approval of Parcel Map and/or Grading Permit Issuance 17. Approval by Others. The Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of all applicable non-City agencies. PW Approval of Parcel Map PUBLIC WORKS - GRADING 18. Grading Plan. The Grading Plan shall be in conformance with the recommendation of the Geotechnical Report, the approved Tentative Map, and the City design standards & ordinances. In case of conflict between the soil engineer’s recommendation and the City ordinances, the City Engineer shall determine which shall apply. PW Grading Permit Issuance 19. Geotechnical Engineer Review and Approval. The Project Geotechnical Engineer shall be retained to review all final grading plans and specifications. The Project Geotechnical Engineer shall approve all grading plans prior to City approval. PW Grading Permit Issuance 20. Grading Off-Haul. The disposal site and haul truck route for any off-haul dirt materials shall be subject to the review and approval by the City Engineer prior to the issuance of a Grading Permit. If the Applicant/Developer does not own the parcel on which the proposed disposal site is located, the Applicant/Developer shall provide the City with a Letter of Consent signed by the current owner, PW Grading Permit Issuance Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 9 of 13 approving the placement of off-haul material on their parcel. A Grading Plan may be required for the placement of the off-haul material. A Transportation Permit or Encroachment Permit may be required for the haul route, as determined by the City Engineer, which shall include a pre- and post- hauling survey of the pavement condition. Applicant/Developer shall be responsible for repairing damaged pavement due to hauling operations, as determined by the City Engineer. 21. Erosion Control Plan. A detailed Erosion and Sediment Control Plan shall be included with the Grading Plan submittal. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. The plan shall also address site housekeeping best management practices. PW Grading Permit Issuance 22. Demolition Plan. The Applicant/Developer’s Civil Engineer shall prepare a demolition plan for the project, which shall be submitted concurrent with the improvement plan package. The demolition plan shall address the following: • Pavement demolition, including streetlights and landscaped median islands • Landscaping and irrigation • Fencing to be removed and fencing to remain • Any items to be saved in place and or protected, such as trees, water meters, sewer cleanouts, drainage inlets or backflow prevention devices PW Grading Permit Issuance PUBLIC WORKS – CONSTRUCTION 23. Erosion Control Implementation. The Erosion and Sediment Control Plan shall be implemented between October 1st and April 30th unless otherwise allowed in writing by the City Engineer. The Applicant/Developer will be responsible for maintaining erosion and sediment control measures for one year following the City’s acceptance of the improvements. PW Start of Construction and On-going 24. Archaeological Finds. If archaeological materials are encountered during construction, construction within 100 ft of these materials shall be halted until a professional Archaeologist certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. PW Start of Construction and On-going Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 10 of 13 25. Construction Activities. Construction activities, including the idling, maintenance, and warming up of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 6:00 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-by-case basis. Note that the construction hours of operation within the public right-of-way are more restrictive. PW Start of Construction and On-going 26. Temporary Fencing. Temporary construction fencing shall be installed along the construction work perimeter to separate the construction area from the public. All construction activities shall be confined within the fenced area. Construction materials and/or equipment shall not be operated/stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer. PW Start of Construction and On-going 27. Construction Noise Management Plan. Applicant/Developer shall prepare a construction noise management plan that identifies measures to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes, and identify a noise monitor. Specific noise management measures shall be provided prior to project construction. PW Start of Construction Implementation , and On-going as needed 28. Traffic Control Plan. Traffic Control Plan shall be submitted for review and approval prior to any work within the public right-of-way which requires lane closure. Closing of any existing pedestrian pathway and/or sidewalk during construction shall be implemented through the City-approved Traffic Control Plan and shall be done with the goal of minimizing the impact on pedestrian circulation. Traffic Control Plan shall be prepared in accordance with the latest edition of the CA Manual on Uniform Traffic Control Devices (MUTCD). PW Start of Construction and On-going as needed 29. Construction Traffic Interface Plan. Applicant/Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. PW Start of Construction; Implementation , and On-going as needed 30. Pest Control. Applicant/Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. PW On-going 31. Dust Control Measures. Applicant/Developer shall be responsible for watering or other dust-palliative PW Start of Construction; Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 11 of 13 measures to control dust as conditions warrant or as directed by the City Engineer. Implementation On-going as needed 32. Dust Control/Street Sweeping. The Applicant/Developer shall provide adequate dust control measures at all times during the grading and hauling operations. All trucks hauling export and import materials shall be provided with tarp cover at all times. Spillage of haul materials and mud-tracking on the haul routes shall be prevented at all times. The Applicant/Developer shall be responsible for sweeping of streets within, surrounding and adjacent to the project, as well as along the haul route, if it is determined that the tracking or accumulation of material on the streets is due to its construction activities. PW During Grading 33. Construction Traffic and Parking. All construction- related parking shall be off-street in an area provided by the Applicant/Developer. Construction traffic and parking shall be provided in a manner approved by the City Engineer. PW Start of Construction and On-going PUBLIC WORKS – EROSION CONTROL & STORMWATER QUALITY 34. Stormwater Source Control. All applicable structural and operational stormwater source controls shall be implemented. PW/ESD Grading Permit Issuance 35. NOI and SWPPP. Prior to any clearing or grading, Applicant/Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. PW Start of Any Construction Activities 36. SWPPP. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion and sediment control measures in accordance with the regulations outlined in the most current version of the Association of Bay Area Governments (ABAG) Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Applicant/Developer is responsible for ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. PW SWPPP to be Prepared Prior to Grading Permit Issuance; Implementation Prior to Start of Construction and On-going as needed PUBLIC WORKS - SPECIAL CONDITIONS 37. Dublin Boulevard Dedication. Property Owner shall dedicate right-of-way in fee for public roadway PW Approval of Parcel Map Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 12 of 13 purposes for the future Dublin Boulevard extension in general conformance with the adopted Precise Plan, the most current design plans on file with the office of the City Engineer, and the Vesting Tentative Parcel Map. Applicant/Developer will receive Eastern Dublin Transportation Impact Fee (“EDTIF”) credits for dedication of this right-of-way in the amount specified in the EDTIF program for right-of-way dedication. 38. Central Parkway Dedication. Property Owner shall dedicate right-of-way in fee for public roadway purposes for widening of the future Central Parkway extension in general conformance with the Vesting Tentative Parcel Map. PW Approval of Parcel Map 39. Slope Easement. Property Owner shall dedicate a Slope Easement (“SE”) via separate instrument adjacent to the future Dublin Boulevard frontage if mass grading has not commenced per the preliminary grading plan as shown on the Vesting Tentative Parcel Map. Property Owner shall cooperate with the City Engineer on the extent of the SE dedication to accommodate the future Dublin Boulevard extension. PW Approval of Parcel Map 40. Collier Canyon Road Dedication. Property Owner shall dedicate right-of-way in fee or provide an irrevocable offer of dedication in fee for public roadway purposes for the widening of Collier Canyon Road necessary to meet the Eastern Dublin Specific Plan “Industrial Road” street geometric standards. PW Approval of Parcel Map 41. Collier Canyon Road Dedication. Property Owner shall dedicate right-of-way in fee or provide an irrevocable offer of dedication in fee for public roadway purposes for the future relocation of Collier Canyon Road as may be necessary for the future Valley Link project in general conformance with the Vesting Tentative Parcel Map, the most current design plans on file with the office of the City Engineer. Alternatively, subject to City Engineer approval, Property Owner can provide an easement for public roadway purposes which prohibits construction of any permanent improvements and structures, as determined by the City Engineer, within the future right-of-way. PW Approval of Parcel Map 42. Private Access Easements. Property Owner shall reserve on the parcel map and grant via separate instrument Private Access Easement(s) (“PAE”) for the purpose of providing legal access to all newly created parcels to a public roadway. PAE shall be minimum 26’ wide and shall be recorded concurrently with the parcel map. PW Approval of Parcel Map Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 13 of 13 PASSED, APPROVED, AND ADOPTED this _ day of ________ 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ______________________________ City Clerk