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HomeMy WebLinkAboutPC Reso 23-08 PLPA-2021-00041 Quarry Lane School Performing Arts Center CUP SDRReso. No. 23-08, Item 6.2, Adopted 09/12/2023 Page 1 of 3 RESOLUTION NO. 23 - 08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT A RESOLUTION APPROVING A SUPPLEMENTAL MITIGATED NEGATIVE DECLARATION, ADOPT AN ORDINANCE AMENDING A PLANNED DEVELOPMENT ZONING DISTRICT WITH RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS, AND ADOPT A RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PERMIT FOR A NEW PERFORMING ARTS CENTER AT THE QUARRY LANE SCHOOL 6237 & 6363 TASSAJARA ROAD (APNS 985-0072-002-00 AND 985-0002-006-03) PLPA-2021-00041 WHEREAS, the Applicant, Dr. Sabri Arac of Quarry Lane School, has requested approval of a Site Development Review Permit and a Conditional Use Permit to construct and operate a 13,800 square foot performing arts center, 126 parking spaces, and related site and landscape improvements on the southern 2.6-acre portion of the school property acquired by the Quarry Lane School in 2020 (formerly known as the Kobold Property), and to amend the Planned Development Zoning District and related Stage 1 and 2 Development Plan to incorporate the southern 2.6-acres and allow development of the performing arts center. These planning and ; and WHEREAS, the project site is 12.63 acres located at 6237 and 6363 Tassajara Road (APNS 985-0072-002-00 AND 985-0002-006-03); and WHEREAS, the existing General Plan and Eastern Dublin Specific Plan land use designations are Medium-Density Residential; and WHEREAS, the Project site has Planned Development Zoning; and WHEREAS, On December 19, 2000, the City Council approved the Planned Development (PD) District Pre-zoning and Annexation application (PA-99-064), and adopted a Mitigated Negative Declaration (Resolution No. 204-00) for Phase II of the Quarry Lane School and a PD Pre-zone for the Kobald Property (Ordinance No. 24-00); and WHEREAS, On May 25, 2004, the Planning Commission approved Resolution No. 04-46, which included a minor amendment to the Stage 2 Development Plan and Site Development Review to construct Phase II of the Quarry Lane School, and the related CEQA; and WHEREAS, On June 17, 2014, the City Council adopted an Ordinance (No. 12-14) to amend the Zoning Map for a PD Zoning District rezone and related Stage 1 and 2 Development Plan Amendments for the Quarry Lane School Phase III expansion and adopted an Initial Study and a California Environmental Quality Act (CEQA) Addendum (Resolution No. 18-14). Ordinance No. 12-14 replaced Ordinance No. 24-00 except as it pertained to the Kobold Property (APN 985- 0072-002-00); and WHEREAS, On March 31, 2022, a voluntary lot merger was recorded with the Alameda County Recorder (Application No. M-2022-001, Record No. 2022065678) to merge the Kobold Reso. No. 23-08, Item 6.2, Adopted 09/12/2023 Page 2 of 3 Property at 6237 (Project site) with the Quarry Lane School site at 6363 Tassajara Road to create a single 12.6-acre parcel; and WHEREAS, CEQA together with S Procedures require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the Project area was previously analyzed in the Eastern Dublin General Plan Amendment (GPA) and Specific Plan (SP), which was adopted in 1993, and has a certified Program Environmental Impact Report (EIR) (SCH No. 91-103064) and analyzed in the Quarry Lane Master Plan, which was adopted in 1998 by the County of Alameda and has a certified EIR (SCH No. 97122109); and WHEREAS, the City prepared an Initial Study to determine whether supplemental environmental review was required for the proposed Project under CEQA standards. The Initial Study examined whether there were substantial changes to the proposed development, substantial changes in circumstances, or new information, any of which would result in new or more severe significant impacts than previously analyzed in the 1993 GPA/SP EIR, or whether any standards for supplemental environmental review were met; and WHEREAS, upon completion of the Initial Study, it was determined that there were new potentially significant impacts associated with the project related to noise and air quality and therefore a Supplemental Mitigated Negative Declaration was prepared to analyze those impacts and identify mitigation measures to reduce the impacts to less than significant; and WHEREAS, the Supplemental Mitigated Negative Declaration/Initial Study was circulated for public review from July 5, 2023-August 4, 2023; and WHEREAS, the City received one comment letter during the public review period; and WHEREAS, a Staff Report, dated September 12, 2023, and incorporated herein by reference, described and analyzed the proposed Project, including the Planned Development Amendment with related Stage 1 and Stage 2 Development Plan, Site Development Review application, and the Conditional Use Permit for the Performing Arts Center, for the Planning Commission; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project on September 12, 2023, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. 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 of Dublin Planning Commission recommends that the City Council adopt a Resolution attached as Exhibit A approving the Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project, Reso. No. 23-08, Item 6.2, Adopted 09/12/2023 Page 3 of 3 BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt an Ordinance attached as Exhibit B approving a Planned Development Zoning District with Stage 1 and Stage 2 Development Plan based on findings, as set forth in Exhibit B. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve the Resolution attached as Exhibit C approving the Conditional Use Permit and Site Development Review Permit, based on the findings and conditions of approval, as set forth in Exhibit C, and with the inclusion of the Design Set Plans dated December 10, 2021 in Exhibit A to Exhibit C shall work with Staff to ensure the new driveway is designed to facilitate right-in-only vehicle movements from Tassajara Road. PASSED, APPROVED AND ADOPTED this 12th day of September 2023, by the following vote: AYES: Aini, Grier, Ochoa, Thalblum, Wahida NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: _________________________________ Community Development Director 5480079.2 Attachment 2 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 3 RESOLUTION NO. XX - 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * ADOPTING A SUPPLEMENTAL MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR A NEW PERFORMING ARTS CENTER AT THE QUARRY LANE SCHOOL 6237 AND 6363 TASSAJARA ROAD (APNS 985-0072-002-00 AND 985-0002-006-03) PLPA-2021-00041 WHEREAS, the Applicant, Dr. Sabri Arac of Quarry Lane School (School), has requested approval of a Site Development Review Permit and a Conditional Use Permit to operate and construct a 13,800 square foot performing arts center, 126 parking spaces, and related site and landscape improvements on the southern 2.6-acre portion of the School property acquired by the School in 2020 (formerly known as Kobold Property), and to amend to the Planned Development Zoning District and related Stage 1 and 2 Development Plan to incorporate the southern 2.6-acres and allow development of the performing arts center. These planning and implementing actions are collectively known as the “Project”; and WHEREAS, the project site is 12.63 acres located at 6237 and 6363 Tassajara Road (APNS 985-0072-002-00 AND 985-0002-006-03); and WHEREAS, the existing General Plan and Eastern Dublin Specific Plan land use designations are Medium-Density Residential; and WHEREAS, the California Environmental Quality Act (CEQA) together with State guidelines and Dublin’s CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the Project area was previously analyzed in the Eastern Dublin General Plan Amendment and Specific Plan, which was adopted in 1993 and has a certified Program Environmental Impact Report (EIR) (SCH No. 91-103064) and analyzed in the Quarry Lane Master Plan, which was adopted in 1998 by the County of Alameda and has a certified EIR (SCH No. 97122109); and WHEREAS, the City prepared an Initial Study to determine whether supplemental environmental review was required for the proposed Project under CEQA standards. The Initial Study examined whether there were substantial changes to the proposed development, substantial changes in circumstances, or new information, any of which would result in new or more severe significant impacts than previously analyzed in the Attachment 2 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 3 1993 General Plan Amendment/Specific Plan EIR, or whether any standards for supplemental environmental review were met; and WHEREAS, upon completion of the Initial Study, it was determined that a Supplemental Mitigated Negative Declaration was required to mitigate impacts related to noise and air quality associated with the Project and, therefore, a Mitigation Monitoring and Reporting Program was prepared; and WHEREAS, on September 12, 2023, the Planning Commission held a properly noticed public hearing in which interested parties had the opportunity to be heard, and adopted Resolution No. 23-xx recommending that the City Council adopt the Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the Project; and WHEREAS, on , the City Council held a properly noticed public hearing on the Project and Supplemental Mitigated Negative Declaration, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated , incorporated herein by reference, described and analyzed the Project and related Supplemental Mitigated Negative Declaration for the City Council and recommended adoption of the Supplemental Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and approval of the Project; and WHEREAS, the City Council considered the Supplemental Mitigated Negative Declaration and all above-referenced reports, recommendations, and testimony before taking any action on the project. 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 of the City of Dublin finds the following: A. The Dublin City Council has reviewed and considered the Supplemental Mitigated Negative Declaration including the comment received during the public review period prior to taking action on the Project. B. The Supplemental Mitigated Negative Declaration adequately describes the environmental impacts of the Project. On the basis of the whole record before it, the City Council finds that there is no substantial evidence that the Project, as approved with mitigation, will have a significant effect on the environment. C. The Supplemental Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Dublin Environmental Regulations. Attachment 2 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 3 D. The Supplemental Mitigated Negative Declaration is complete and adequate and reflects the City’s independent judgement and analysis as to the environmental effects of the Project. E. Following adoption of this Resolution, City staff is authorized and directed to file with the County of Alameda a Notice of Determination pursuant to CEQA. BE IT FURTHER RESOLVED that based on the above findings, the Dublin City Council adopts the Supplemental Mitigated Negative Declaration (attached as Exhibit A) and Mitigation Monitoring and Reporting Program (attached as Exhibit B) for the Project. PASSED, APPROVED AND ADOPTED this day of , 2023 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 5480065.2 Attachment 5 ORDINANCE NO. xx – 23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE ZONING MAP AND APPROVING AN AMENDED PLANNED DEVELOPMENT ZONING DISTRICT AND RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS FOR THE QUARRY LANE SCHOOL PLPA-2021-00041 (APNS 985-0072-002-00 AND 985-0002-006-03) The Dublin City Council does ordain as follows: SECTION 1: RECITALS A. The Applicant, Dr. Sabri Arac, is requesting an amendment to the Planned Development Zoning and related Stage 1 and Stage 2 Development Plans for the property located at 6237 and 6363 Tassajara Road. The proposed Project would expand the campus to include a new performing arts center on the Quarry Lane School. Requested approvals include a Planned Development Rezone with a related Stage 1 and Stage 2 Development Plan. These planning and implementing actions are collectively known as the “Quarry Lane Performing Arts Center Project” or the “Project.” B. The 12.63 acre Project site (APN 985-0072-002-00 and 985-0002-006-03) is located in eastern Dublin, at 6237 and 6363 Tassajara Road. C. The existing General Plan and Eastern Dublin Specific Plan land use designations are Medium-Density Residential. D. On December 19, 2000, the City Council approved the Planned Development (PD) District Pre-zoning and Annexation application (PA-99-064) and adopted a Mitigated Negative Declaration (Resolution No. 204-00) for Phase II of the Quarry Lane School and a PD Pre-zone for the Kobold Property (Ordinance No. 24-00). E. On June 17, 2014, the City Council adopted an Ordinance (No. 12-14) to amend the Zoning Map for PD Zoning District rezone and related Stage 1 and 2 Development Plan Amendments for the Quarry Lane School Phase III expansion and adopted an Initial Study and a CEQA Addendum (Resolution No. 18-14). Ordinance No. 12-14 replaced Ordinance No. 24-00 except as it pertained to the Kobold Property (APN 985-0072-002-00). F. The Project area was previously analyzed in the Eastern Dublin General Plan Amendment and Specific Plan, which was adopted in 1993 and has a certified Program EIR (SCH No. 91-103064) and analyzed in the Quarry Lane Master Plan, which was adopted in 1998 by the County of Alameda and has a certified EIR (SCH No. 97122109). G. The City prepared a Supplemental Mitigated Negative Declaration 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 Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 8 includes: the Eastern Dublin General Plan Amendment and Specific Plan, which was adopted in 1993 and has a certified Program EIR (SCH No. 91-103064) and analyzed in the Quarry Lane Master Plan, which was adopted in 1998 by the County of Alameda and has a certified EIR (SCH No. 97122109) H. Upon completion of the Initial Study, it was determined that there were new potentially significant impacts associated with the project related to noise and air quality and therefore a Supplemental Mitigated Negative Declaration was prepared to analyze those impacts and identify mitigation measures to reduce the impacts to less than significant. I. The Supplemental Mitigated Negative Declaration/Initial Study was circulated for public review from July 5, 2023-August 4, 2023. J. The City received one comment letter during the public review period. K. The Planning Commission held a properly noticed public hearing on the Project, on September 12, 2023, at which time all interested parties had the opportunity to be heard. L. On September 12, 2023, the Planning Commission adopted Resolution No. 23-xx recommending that the City Council adopt the Supplemental Mitigated Negative Declaration and approve amendments to the Planned Development Zoning and related Stage 1 and Stage 2 Development Plans, a Conditional Use Permit and Site Development Review Permit, which resolution is incorporated herein by reference and available for review at City Hall during normal business hours. M. On , the City Council held a properly noticed public hearing on the project and the Supplemental Mitigated Negative Declaration at which time all interested parties had the opportunity to be heard. N. A Staff Report dated , and incorporated herein by reference, described and analyzed the project, including the amendment to the Planned Development Zoning District, Site Development Review Permit, and Supplemental Mitigated Negative Declaration for the City Council. O. The City Council considered the Supplemental Mitigated Negative Declaration and all above-referenced reports, recommendations, and testimony before taking any action on the Project. P. The City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. Q. Following a public hearing on September 12, 2023, the Planning Commission adopted Resolution No. 23-xx, recommending approval of the Supplemental Mitigated Negative Declaration and the Quarry Lane Performing Arts Center Project. R. The City Council considered the Supplemental Mitigated Negative Declaration, and Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 8 all above referenced reports, recommendations, and testimony prior to taking action on the Project. SECTION 2: FINDINGS A. Pursuant to Section 8.32.070 the Dublin Municipal Code, the City Council finds as follows: 1. The Quarry Lane Performing Arts Center Project (“the Project”) Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that is consistent with the General Plan and protects the integrity and character of the area by creating a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan. The Project is planned comprehensively and will follow development standards tailored to the specific needs of the site. These standards will address issues such as building setbacks, architecture, landscaping and grading. The proposed development will blend with the natural features unique to the site through the use of design and planning. 2. Development of the Project under the Planned Development zoning will be harmonious and compatible with existing residential and semi-public development in the surrounding area in that the site will provide a dedicated performing arts space on an existing school campus. B. Pursuant to Sections 8.120.050.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The Planned Development zoning for the Project will be harmonious and compatible with existing and potential development in the surrounding area in that the proposed site plan has taken into account existing site development and uses and will provide a new performing arts center. 2. The Project site conditions were documented in the Eastern Dublin General Plan Amendment and Specific Plan EIR (1993), Eastern Dublin General Plan Amendment and Specific Plan, which was adopted in 1993 and has a certified Program EIR (SCH No. 91-103064) and analyzed in the Quarry Lane Master Plan, which was adopted in 1998 by the County of Alameda and has a certified EIR (SCH No. 97122109) and the Supplemental Mitigated Negative Declaration that was prepared, and the environmental impacts that have been identified will be mitigated to the greatest degree possible. 3. The Planned Development zoning is consistent with the General Plan policies and the City’s Zoning Ordinance enacted for the public health, safety and welfare. 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. The Project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. Additionally, no noxious odors, hazardous materials, or excessive noises will be produced. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 8 4. The Planned Development zoning is consistent with and in conformance with the Dublin General Plan land use designation of Medium Density which allows for private school uses. SECTION 3. 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 and supersedes and replaces the previously adopted Planned Development Zoning Ordinance No. 12-14 and Ordinance 24-00: 12.63 acres at 6327 and 6363 Tassajara Road. APN 985-0072-002-00 and 985-0002-006-03 (“The Property”). A map of the rezoning area is shown below: SECTION 4. APPROVAL OF STAGE 1 AND STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 1 and Stage 2 Development Plan for the 12.63 acre property, which is hereby approved. Any amendments to the Stage 1 and Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code (DMC) or its successors. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 8 Stage 1 and Stage 2 Development Plan This is a Stage 1 and Stage 2 Development Plan pursuant to DMC Chapter 8.32. This Development Plan meets all the requirements for both a Stage 1 and Stage 2 Development Plan and is adopted as part of the Planned Development Rezone for the Quarry Lane Performing Arts Center Project (PLPA-2021-00041). The Planned Development zoning district and this Stage 1 and 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 DMC Chapter 8.32 are satisfied. 1. Zoning. The Zoning for the subject property is PD-Planned Development (PLPA-2014- 00008). 2. Statement of Permitted Uses. Permitted Uses (as defined by the Zoning Ordinance): Private School: 1. Kindergarten through high school grades 2. After school care 3. Recreational play fields 4. Similar and related uses as determined by the Director of Community Development Conditional Uses: 1. A performing arts center for school programs 2. All conditional uses in the Dublin Zoning Ordinance for the R-1 Residential Zoning District are conditionally allowed uses in this Planned Development Zoning District. Prohibited Uses: 1. All those not specifically listed herein as permitted or conditionally permitted. 3. Stage 1 and Stage 2 Site Plan. The site plan is shown below. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 8 Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 8 4. Site Area, Proposed Densities, and Development Regulations. Maximum Student Population 950 students (200 Preschool and Kindergarten, 600 Elementary and Middle School, 150 High School) Maximum Faculty and Staff 55 No. of Classrooms 51 Maximum Building Area 124,402 square feet Floor to Area Ratio .226 Parking Spaces 149 spaces (minimum required per parking analysis conducted in 2004) + 117 for the performing arts center Maximum Building Height: 59 feet Minimum Lot Size None Maximum lot coverage 25% Parking Stall Dimensions Standards Per Chapter 8.76 Off-Street Parking And Loading Regulations of the Dublin Zoning Ordinance Minimum Setbacks 20’ front yard setback 9’8” side yard setback 20’ rear yard setback 5. Phasing Plan. The project site will be developed in one phase. 6. Preliminary Landscape Plan. As shown in the Site Development Review approvals for the various project phases and the Performing Arts Center (PLPA 99-064, PLPA-2014-0008, PLPA-2021-00041). 7. Architectural Standards. The design of future buildings on the project site shall be architecturally compatible with the existing Building 2 (Preschool and Elementary School) and Building 3 (Middle and High School Building) including the standing seam metal roof with decorative eave corbels and a simple cement plaster finish painted to match the existing buildings. The window design and placement on future buildings will also be complementary to the other buildings on the school campus. 8. Consistency with General Plan and any applicable Specific Plan. The proposed project is consistent with the General Plan and Eastern Dublin Specific Plan. 9. Inclusionary Zoning Regulations. The Inclusionary Zoning Regulations do not regulate non- residential projects, so therefore this is not applicable. 10. Aerial Photo. An aerial photo is on file with the Community Development Department. 11. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 1/2 Development Plan, the use, development, improvement and maintenance of the property shall be governed by the R-1 (Single Family Residential Zoning District) provisions of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C. No development shall occur on this property until a Site Development Review permit has been approved for the property. Ord. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 8 12. Compliance with adopted Mitigation Measures. The Applicant/Developer shall comply with all applicable action programs and mitigation measures of the Eastern Dublin Specific Plan and General Plan Amendment EIR, the Quarry Lane EIR, the Quarry Lane School Phase II expansion Mitigated Negative Declaration, the Quarry Lane School Phase III CEQA Addendum, and the Supplemental Mitigated Negative Declaration prepared for the Performing Arts Center Project. SECTION 5. SEVERABILITY The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances. SECTION 6. POSTING OF ORDINANCE 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 7. EFFECTIVE DATE This ordinance shall take effect and be enforced thirty (30) days following its adoption. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this __ day of _____________ 2023, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: _____________________________ City Clerk Attachment 6 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 1 of 35 RESOLUTION NO. XX – 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT AND SITE DEVELOPMENT REVIEW PERMIT FOR A NEW PERFORMING ARTS CENTER AT THE QUARRY LANE SCHOOL 6237 & 6363 TASSAJARA ROAD (APNS 985-0072-002-00 AND 985-0002-006-03) PLPA-2021-00041 WHEREAS, the Applicant, Dr. Sabri Arac of Quarry Lane School (School), has requested approval of a Site Development Review Permit and a Conditional Use Permit to construct and operate a 13,800 square foot performing arts center, 126 parking spaces, and related site and landscape improvements on the southern 2.6-acre portion of the school property acquired by the School in 2020 (formerly known as the Kobold Property), and to amend the Planned Development Zoning District and related Stage 1 and 2 Development Plan to incorporate the southern 2.6-acres and allow development of the performing arts center. These planning and implementing actions are collectively known as the “Project”; and WHEREAS, the project site is 12.63 acres located at 6237 and 6363 Tassajara Road (APNS 985-0072-002-00 AND 985-0002-006-03); and WHEREAS, the existing General Plan and Eastern Dublin Specific Plan land use designations are Medium-Density Residential; and WHEREAS, the Project site is located within Planned Development Zoning District Ordinance No. xx-23; and WHEREAS, On December 19, 2000, the City Council approved the Planned Development (PD) District Pre-zoning and Annexation application (PA-99-064), and adopted a Mitigated Negative Declaration (Resolution No. 204-00) for Phase II of the Quarry Lane School and a PD Pre-zone for the Kobold Property (Ordinance No. 24-00); and WHEREAS, On May 25, 2004, the Planning Commission approved Resolution No. 04-46, which included a minor amendment to the Stage 2 Development Plan and Site Development Review to construct Phase II of the Quarry Lane School, and the related CEQA Addendum; and WHEREAS, On June 17, 2014, the City Council adopted an Ordinance (No. 12-14) to amend the Zoning Map for a PD Zoning District rezone and related Stage 1 and 2 Development Plan Amendments for the Quarry Lane School Phase III expansion and adopted an Initial Study and a CEQA Addendum (Resolution No. 18-14). Ordinance No. 12-14 replaced Ordinance No. 24-00 except as it pertained to the Kobold Property (APN 985-0072-002-00); and WHEREAS, On March 31, 2022, a voluntary lot merger was recorded with the Alameda County Recorder (Application No. M-2022-001, Record No. 2022065678) to merge the Kobold Property at 6237 (Project site) with the Quarry Lane School site at 6363 Tassajara Road to create a single 12.6-acre parcel; and Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 2 of 35 WHEREAS, the California Environmental Quality Act (CEQA) together with State guidelines and Dublin’s CEQA Guidelines and Procedures require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the Project area was previously analyzed in the Eastern Dublin General Plan Amendment (GPA) and Specific Plan (SP EIR), which was adopted in 1993 and has a certified Program EIR (SCH No. 91-103064) and analyzed in the Quarry Lane Master Plan, which was adopted in 1998 by the County of Alameda and has a certified EIR (SCH No. 97122109); and WHEREAS, the City prepared an Initial Study to determine whether supplemental environmental review was required for the proposed Project under CEQA standards. The Initial Study examined whether there were substantial changes to the proposed development, substantial changes in circumstances, or new information, any of which would result in new or more severe significant impacts than previously analyzed in the 1993 GPA/SP EIR, or whether any standards for supplemental environmental review were met; and WHEREAS, upon completion of the Initial Study, it was determined that there were new potentially significant impacts associated with the project related to noise and air quality and therefore a Supplemental Mitigated Negative Declaration was prepared to analyze those impacts and identify mitigation measures to reduce the impacts to less than significant; and WHEREAS, the Supplemental Mitigated Negative Declaration/Initial Study was circulated for public review from July 5, 2023-August 4, 2023; and WHEREAS, the City received one comment letter during the public review period; and WHEREAS, a Staff Report, dated September 12, 2023, and incorporated herein by reference, described and analyzed the proposed Project, including the Planned Development Amendment with related Stage 1 and Stage 2 Development Plan, Site Development Review application and the Conditional Use Permit for the Performing Arts Center, for the Planning Commission; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project on September 12, 2023, at which time all interested parties had the opportunity to be heard; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. WHEREAS, on , the City Council held a properly noticed public hearing on the project and the Supplemental Mitigated Negative Declaration at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report, dated , and incorporated herein by reference, described and analyzed the project, including the Planned Development Zoning Amendment, Conditional Use Permit, Site Development Review Permit, and Supplemental Mitigated Negative Declaration for the City Council; and WHEREAS, on , the City Council adopted Resolution xx-23 adopting the Supplemental Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the project, and the City Council considered the Supplemental Mitigated Negative Declaration, Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 3 of 35 and all above-referenced reports, recommendations, and testimony before taking any action on the project; and WHEREAS, the City Council did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby make the following findings and determinations regarding the Site Development Review Permit for the Quarry Lane Performing Arts Center Project: A. The proposal is consistent with the purposes of Chapter 8.104 (Site Development Review) of the Zoning Ordinance, with the General Plan, and any applicable Specific Plans and design guidelines because: the colors and materials of the new building will match those of existing buildings on campus, including the standing seam metal roof and a stucco finish painted to match the existing buildings. The window design and placement will also compliment the other buildings on the school campus to create a unified aesthetic. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the architecture and landscape design for the new building are well-suited to the proposed use; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan for the Quarry Lane School; 3) the proposed project is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential and a school is permitted within this land use; and 4) the proposed project meets the intent of the Dublin General Plan, which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that is primarily residential uses. The Quarry Lane School has existed in the location since the late 1990’s and the Project is an expansion of the existing campus facilities. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot(s) in which the project is proposed because: 1) the architecture and landscape design for the new building are well-suited to the proposed use and integrated into the overall campus design; 2) the overall design of the project is consistent with the design requirements of the Stage 1 and Stage 2 Development Plan for the Quarry Lane School; 3) the proposed project is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential in that a private school is considered a community facility, a use that can be permitted in any zoning district with approval of a Conditional Use Permit; 4) the proposed project meets the intent of the Dublin General Plan, which discourages projects that do not relate well to the surrounding developments and the proposed project is compatible with the surrounding neighborhood that is primarily residential uses; and 5) the overall intensity of use of the site is not proposed to increase in that the maximum student population and other similar factors are not proposed to increase. D. The subject site is suitable for the type and intensity of the approved development because: 1) the project site has been home to Quarry Lane School since the late 1990’s and the use is proposed to continue; and 2) although the amount of developable building area is proposed to increase, the intensity of use of the site is not proposed to change in that the proposed Performing Arts Center is intended to serve the existing student population and will not increase the total maximum student population, the maximum number of faculty Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 4 of 35 and staff members; and 3) access to the site and circulation are designed to minimize impacts to Tassajara Road. E. Impacts to existing slopes and topographic features are addressed because: 1) the Project site is currently developed with a single-family home and associated outbuildings; 2) the site is relatively flat and will not have significant impacts to the existing topographic features; 3) the roadway and utility infrastructure to serve the site already exists; 4) future approval of grading and improvement plans will enable the site to be modified to suit the project, which will be developed for the site in accordance with City policies and regulations; and 5) the project complies with the Planned Development Zoning District established for the site pursuant to provisions and policies of the Eastern Dublin Specific Plan, including the Tassajara Road Scenic Corridor Policy. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: the colors and materials of the new building will match those of the Buildings 2 and 3, including the standing seam metal roof with decorative eave corbels and a simple cement plaster finish painted to match the existing buildings. The window design and placement will also complement the other buildings on the school campus. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) the new perimeter landscape and hardscape will be consistent with the existing school campus to create a cohesive overall design; 2) the proposed landscape buffer along Tassajara Road will include a variety of trees, shrubs, flowering perennials, and grasses will be provided around the building and in the parking lot; and 3) the Project will conform to the requirements of the City’s Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) new site infrastructure includes driveways, pathways, sidewalks, and site lighting designed to create an interconnection between the existing campus facility and the new building and parking lot, including pedestrian and vehicular connections pathways that lead to the new building; 2) a new driveway from Tassajara Road will circulate one-way into the southern campus and exit through the signalized driveway at the intersection of Quarry Lane School and Tassajara Road and will circulate to the one-way, right turn only exit at the northernmost section of the campus; and 3) the proposed roadway and site frontage improvements has been designed in coordination with the City as part of the Tassajara Road widening and improvement project that is currently underway, including a dedication of frontage to accommodate the road widening project. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that: 1) the Project is an expansion of an existing school that has been in operation since the late 1990’s; 2) the proposed Performing Arts Center will provide a dedicated space for the school’s existing performing Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 5 of 35 arts program but will not include any increase in total student enrollment or an expansion of existing school operations; 3) construction of the new performing arts center and associated site improvements have been designed to be compatible with the existing school buildings and site design; and 4) the Project site is accessible from an existing signalized driveway in the center of the campus and a one-way, right turn only exit to the north. In addition, the Project will include a new one-way driveway to enter the site from Tassajara Road on the southernmost side of the campus. B. The proposed use 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 Project will expand the existing school campus to include the acquisition of the adjacent parcel to the south but will not result in any increase in total student enrollment or an expansion of existing school operations; 2) adequate signage will be placed within the Project site to safely circulate vehicular traffic one-way through the new driveway from Tassajara Road to access to the new performing arts center and surface parking lot; 3) the Project has been designed to ensure continued compatibility with the surrounding uses. C. It will not be injurious to property or improvements in the neighborhood in that: 1) the Project will include demolition of the existing structures on the site and construction of a new Performing Arts Center, surface parking lot and site landscaping, thus improving the neighborhood; 2) sufficient parking will be provided to meet the on-site parking requirements for the new Performing Arts Center; 3) The Performing Arts Center will serve the existing arts programs and will not increase to the maximum student enrollment or staff; and 4) the Project includes a right-of-way dedication as part of the City’s road widening project on Tassajara Road. D. There are adequate provisions for public access, water sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety and welfare in that: 1) the Project is served by existing public roadways including Tassajara Road which is sized to accommodate the Project; and 2) the Project is served by existing public utilities and services including water and sanitation which are sized to accommodate the Project. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the Project is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential which allows schools; 2) the Project will comply with the Planned Development Zoning Stage I and II Development Plan for the Quarry Lane School; and 3) the Project site is immediately adjacent to the existing school and has been purchased and merged to create a single site that can accommodate the expansion of the school campus that is suitable for the area and compatible with the surrounding residential uses. F. The proposed use will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the Quarry Lane School has been in operation since the late 1990’s and will continue as such; 2) the acquisition and development of the adjacent lot to the south will allow the school to provide improved facilities for its existing arts program; and 3 ) the physical improvements to the Project site have been designed to blend in with the existing campus to create one cohesive campus. Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 6 of 35 G. The proposed use is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the Project is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential in that a private school is considered a community facility, a use that can be permitted in any zoning district with approval of a Conditional Use Permit; and 2) the Project will comply with the approved Stage I and 2 Development Plan for the Quarry Lane School. 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. NO. CONDITIONS OF APPROVAL RESPON. AGENCY When Required, Prior to: 1. Approval – Site Development Review Permit. This Site Development Review (SDR) approval is for the Quarry Lane School Performing Arts Center (PLPA-2021-00041). This approval shall be as generally depicted and indicated on the plans prepared by BKBC Architects Inc. dated received by Dublin Planning on April 18, 2023, attached as Exhibit A and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. PL Ongoing 2. Approval – Conditional Use Permit. This Conditional Use Permit ("CUP" or "Permit") approval is to allow operation of a new performing arts facility at the Quarry Lane School (PLPA-2021-00041). This approval shall be as generally depicted and indicated on the site plan (DR-1.1) prepared by BKBC Architects Inc. included as part of the project plans April 18, 2023, attached as Exhibit A, and other plans including the Statement of Operations dated September 30, 2021, text, and diagrams relating to this CUP, unless modified by the Conditions of Approval contained herein. PL On-going 3. Effective Date. This SDR and CUP approval is effective once the companion Planned Development Zoning District amendment has been approved by the City Council and is effective. PL On-going 4. Permit Expiration. Construction or use shall commence within one (1) year of Permit PL 1 year from approval Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 7 of 35 approval or the Permit shall lapse and become null and void. 5. Time Extension. The Director of Community Development may, upon the Applicant’s written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 12 months. The Director of Community Development may grant a maximum of two extensions of approval, and additional extensions may be granted by the original decision maker. PL Prior to Expiration Date 6. Modifications. The Community Development Director may consider modifications or changes to this Permit approval if the modifications or changes proposed comply with applicable sections of the Zoning Ordinance. PL On-going 7. Revocation of Permit. The SDR/CUP Permit approvals shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. PL On-going 8. Requirements and Standard Conditions. The Applicant/Developer shall comply with applicable City of Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. Various Building Permit Issuance and Grading Permit Issuance 9. Fees. Applicant/Developer shall pay all applicable fees in effect, 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 (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. Various Building Permit Issuance Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 8 of 35 10. Indemnification. Applicant 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; provided, however, that the Applicant's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceeding. ADM On-going 11. Clarifications to the Conditions of Approval. In the event that there needs to be clarification to the Conditions of Approval, the Community Development Director and/or City Engineer has the authority to clarify the intent of these Conditions of Approval to the Applicant without going to a public hearing. The Community Development Director and/or City Engineer also has the authority to make minor modifications to these Conditions of Approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. PL On-going 12. Controlling Activities. The Applicant/Developer shall control all activities on the project site so as not to create a nuisance to existing/surrounding businesses and/or residences. PL Through construction and on-going 13. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter- free site. PL Through construction 14. Property Maintenance. The Applicant/Developer and property owner shall be responsible for maintaining the site in a clean and litter free condition during construction and through completion. Per the City of Dublin Non- Residential Property Maintenance Ordinance, DMC Section 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. PL On-going 15. Construction Trailer. The Applicant/Developer shall obtain a Temporary Use Permit prior to the establishment of any construction trailer, storage shed, or container units on the Project site. PL Establishment of the Temporary Use Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 9 of 35 16. Equipment Screening. All electrical equipment, fire risers, and/or mechanical equipment shall be screened from public view by landscaping and/or architectural features and electrical transformers shall be underground or architecturally screened. Any roof-mounted equipment shall be completely screened from adjacent street view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. PL Building Permit Issuance 17. Outdoor Events. Any outside events shall be subject to the Temporary Use Permit requirements contained in the City of Dublin Municipal Code, specifically Section 8.108.020. PL On-going PLANNING DIVISION-LANDSCAPING 18. Final Landscape and Irrigation Plan. Plans shall comply with DMC Chapter 8.72 and be generally consistent with the project plans attached to this Resolution as Exhibit A Final Landscape and Irrigation Plan prepared and stamped by a State licensed landscape architect or registered engineer shall be submitted for review and approval by the Community Development Director. PL Building Permit Issuance 19. Water Efficient Landscaping Regulations. The Applicant/Developer shall meet all requirements of the City of Dublin's Water- Efficient Landscaping Regulations contained in DMC Chapter 8.88 and submit written documentation to the Public Works Department (in the form of a Landscape Documentation Package and other required documents) that the development conforms to the City’s Water Efficient Landscaping Ordinance. PL Building Permit Issuance 20. Landscape Edges. Concrete curbs or bands shall be used at the edges of all planters and paving surfaces, unless otherwise defined differently. The design width and depth of the concrete edge shall be to the satisfaction of the Community Development Director and City Engineer. PL Building Permit Issuance 21. Maintenance of Landscape. All landscape areas on the site shall be enhanced and properly maintained at all times. 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. PL On-going PLANNING – PROJECT SPECIFIC – CONDITIONAL USE PERMIT Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 10 of 35 22. Approval Period. This Conditional Use Permit approval shall be null and void in the event the approved use fails to be established within one year or ceases to operate for a continuous one- year period. PL On-Going 23. Annual Review. On an annual basis, this Conditional Use Permit approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. PL On-Going 24. Use of the Performing Arts Center. The Performing Arts Center may only be rented or otherwise used by school approved non-school entities according to the capacity, schedule, and any other limits of all applicable site conditions as allowed by the Zoning Ordinance. PL On-Going 25. Noise/Nuisances. The operator shall control all activities so as not to create unusual or unnecessary noise which annoys or disturbs or injures or endangers the health, repose peace or safety of any reasonable person of normal sensitivity present in the area. PL On-going 26. Permanent and Temporary Signs. All permanent and temporary signs shall conform to Chapter 8.84 of the Dublin Zoning Ordinance at all times. PL On-going 27. Property Maintenance. The property owner and/or operator shall be responsible to maintain the site in a clean and litter free condition at all times. PL On-Going 28. Driveway Maintenance and Monitoring. The Applicant shall monitor and maintain the driveway operations to ensure it operates as a right-in-only driveway. PW On-Going SITE DEVELOPMENT REVIEW-GENERAL 29. Public Art. The Developer shall provide an on- site public art project or make a monetary contribution to the City in-lieu thereof in accordance with Chapter 8.58 of the Dublin Zoning Ordinance. PL DMC 8.58 30. Mitigation Monitoring Program. The Developer shall comply with the Supplemental Mitigated Negative Declaration Mitigation Monitoring Program and subsequent environmental documents pertaining to this site including all mitigation measures, action programs, and implementation measures on file with the Community Development Department. PL Planning 31. Glare/Reflective Finishes. The use of reflective finishes on building exteriors is prohibited. In order to control the effects of glare, reflective glass is prohibited on all east- facing windows. PL Planning 32. Light and Glare. All exterior building and site lighting fixtures shall be directed downwards PL Planning Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 11 of 35 and not onto adjacent properties; all light sources shall be shielded from direct off-site viewing. 33. Photometric Plan. The Applicant/Developer shall prepare a photometric plan to the satisfaction of the Directors of Public Works and Community Development. A minimum of one foot-candle of light shall be provided and maintained across the surface of all parking areas and walkways. Any illumination, including security lighting, shall be directed away from adjoining properties, businesses or vehicular traffic so as not to cause any glare. PL Planning BUILDING DIVISION 34. Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit B Through Completion 35. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or 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. B Issuance of Building Permits 36. Building Permits. To apply for building permits, Applicant/Developer shall submit electronic drawings for plan check. An annotated copy of the Conditions of Approval shall be included with the submittal. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non- City agencies prior to the issuance of building permits. B Issuance of Building Permits 37. As-Built Drawings. All revisions made to the building plans during the project shall be incorporated into an “As Built” electronic file and submitted prior to the issuance of the final occupancy. B Occupancy 38. Addressing: a) If you are not going to change the existing address, these comments apply. b) Address signage shall be provided as per the Dublin Commercial Security Code. B Prior to Release of Addresses Prior to Permitting Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 12 of 35 c) Address will be required on all doors leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 4 inches in height minimum. Prior to Occupancy 39. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold-downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection B Prior to Scheduling Final Inspection 40. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Prior to Permit Issuance 41. CASp Reports. Applicant shall obtain the services of a Certified Access Specialist for the review of the construction drawings and inspections for the building interior and site exterior. A written report shall be submitted to the City prior to approval of the permit application. Additionally, a written report shall be submitted to the City Building Inspector prior to scheduling the final inspection B Prior to Permitting and Occupancy 42. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non- movable materials approved by the Chief Building Official and Director of Community Development. B Occupancy of Building 43. Plumbing Fixture Count. The plumbing fixture count (e.g., water closets, lavatories, urinals, drinking fountains) shall meet the minimum requirements for the use as regulated by the CA Plumbing Code. B Prior to Permitting 44. Solar Zone – CA Energy Code. Show the location of the Solar Zone on the site plan. Detail the orientation of the Solar Zone. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code B Through Completion 45. Accessible Parking. The required number of parking stalls, the design and location of the accessible parking stalls shall be as required by the CA Building Code, Chapter 11-B B Through Completion 46. Green Parking. The design and number of clean air/ EV ready stalls shall be as required by the CA Green Building Standards Code B Through Completion 47. Accessory Structures. Building permits are required for all trash enclosures and associated B Through Completion Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 13 of 35 amenities / structures and are required to meet the accessibility and building codes 48. Temporary Fencing. Temporary construction fencing shall be installed along perimeter of all work under construction B Through Completion 49. Copies of Approved Plans. Applicant shall provide City with one reduced (1/2 size) copy of the City of Dublin stamped approved plan. B 30 days After Permit and Each Revision Issuance FIRE PREVENTION 50. No fire service lines shall pass beneath buildings. F Approval of Improvement Plans 51. Fire Apparatus Access Road. Fire department access requirements are to be met. All fire apparatus access road shall be with an approved all-weathered surface and capable of supporting imposed load of 75,000 lbs. F Approval of Improvement Plans 52. Fire Hydrants. All existing and proposed fire hydrants shall comply with the requirements in CFC 507.5. F Approval of Improvement Plans 53. Fire Hydrants. All existing and proposed fire hydrants shall comply with the requirements in CFC 507.5. F Approval of Improvement Plans 54. New Fire Sprinkler System & Monitoring Requirements. In accordance with The Dublin Fire Code, fire sprinklers shall be installed in the building. The system shall be in accordance with the NFPA 13, the CA Fire Code and CA Building Code. Plans and specifications showing detailed mechanical design, cut sheets, listing sheets and hydraulic calculations shall be submitted to the Fire Department for approval and permit prior to installation. This may be a deferred submittal. a) Sprinkler Plans. (Deferred Submittal Item). Submit detailed mechanical drawings of all sprinkler modifications, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. b) All sprinkler system components shall remain in compliance with the applicable N.F.P.A. 13 Standard, the CA Fire Code and the CA Building Code. c) Underground Plans. (Deferred Submittal Item). Submit detailed shop drawings for the fire water supply system, including cut sheets, listing sheets and calculations to the Fire Department for approval and permit prior to installation. All underground and fire water supply system components shall be in compliance with the applicable N.F.P.A. 13, 24, 20, 22 Standards, the CA Fire Code and F Building Permit Issuance Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 14 of 35 the CA Building Code. The system shall be hydrostatically tested and inspected prior to being covered. Prior to the system being connected to any fire protection system, a system flush shall be witnessed by the Fire Department. d) Central Station Monitoring. Automatic fire extinguishing systems installed within buildings shall have all control valves and flow devices electrically supervised and maintained by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be submitted to the Fire Department for approval. e) Fire Protection Equipment shall be identified with approved signs constructed of durable materials, permanently installed and readily visible. 55. Fire Access During Construction. a) Fire Access. Access roads, turnaround, pullouts, and fire operation areas are fire lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. b) Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. c) Site Utilities. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to construction commencing. d) Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road surface, bridges/crossings, gates/key-switch, within a 150-foot distance to Fire Lane shall be maintained. e) Personnel Access. Route width, slope, surface and obstructions must be considered for the approved route to furthermost portion of the exterior wall. f) All-weather access. Fire access is required to be all-weather access. Show on the plans the location of the all-weather access and a description of the construction. Access roads must be designed to support the imposed loads of fire apparatus. F During Construction 56. Fire Alarm System Required. A Fire Alarm System in conformance with Sections 907.2.1 and 907.2.3.8 of the Dublin Fire Code is required shall be installed throughout the building so as to provide full property protection, including combustible concealed spaces, as required by NFPA 72. The system shall be F Occupancy Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 15 of 35 installed in accordance with NFPA 72, CA Fire, Building, Electrical, and Mechanical Codes. If the system is intended to serve as an evacuation system, compliance with the horn/strobe requirements for the entire building must also be met. All automatic fire extinguishing systems shall be interconnected to the fire alarm system so as to activate an alarm if activated and to monitor control valves. Delayed egress locks shall meet requirements of C.F.C. a) Fire Alarm Plans. (Deferred Submittal Item). Submit detailed drawings of the fire alarm system, including floor plan showing all rooms, device locations, ceiling height and construction, cut sheets, listing sheets and battery and voltage drop calculations to the Fire Department for review and permit prior to the installation. Where employee work area’s have audible alarm coverage, circuits shall be initially designed with a minimum 20% spare capacity for adding appliances to accommodate hearing impaired employee’s. b) Central Station Monitored Account. Automatic fire alarm systems shall be monitored by an approved central alarm station. Zoning and annunciation of central station alarm signals shall be approved by the Fire Department. c) Qualified Personnel. The system shall be installed, inspected, tested, and maintained in accordance with the provisions of NFPA 72. Only qualified and experienced persons shall perform this work. Examples of qualified individuals are those who have been factory trained and certified or are NICET Fire Alarm Certified. d) Inspection & Testing Documentation. Performance testing of all initiating & notification devices in the presence of the Fire Inspector shall occur prior to final of the system. Upon this inspection, proof that the specific account is UL Certificated must be provided to the Fire Inspector. 57. Fire Extinguishers. Extinguishers shall be visible and unobstructed. Signage shall be provided to indicate fire extinguisher locations. The number and location of extinguishers shall be shown on the plans. Additional fire extinguishers maybe required by the fire inspector. F Occupancy Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 16 of 35 Fire extinguisher shall meet a minimum classification of 2A 10BC. Extinguishers weighing 40 pounds or less shall be mounted no higher than 5 feet above the floor measured to the top of the extinguisher. Extinguishers shall be inspected monthly and serviced by a licensed concern annually 58. FD Building Key Box. Building Access. A Fire Department Key Box shall be installed at the main entrance to the Building. Note these locations on the plans. The key box should be installed approximately 5 1/2 feet above grade. The box shall be sized to hold the master key to the facility as well as keys for rooms not accessible by the master key. Specialty keys, such as the fire alarm control box key and elevator control keys shall also be installed in the box. The key box door and necessary keys are to be provided to the fire inspector upon the final inspection. The inspector will then lock the keys into the box. F Occupancy 59. Means of Egress. Exit signs shall be visible and illuminated with emergency lighting when building is occupied. F Occupancy 60. Maximum Occupant Load. Posting of room capacity is required for any occupant load of 50 or more persons. Submittal of a seating plan on 8.5” x 11” paper is required prior to final occupancy F Occupancy 61. Interior Finish. Wall and ceiling interior finish material shall meet the requirements of Chapter 8 of the California Fire Code. Interior finishes will be field verified upon final inspection. If the product is not field marked and the marking visible for inspection, maintain the products cut- sheets and packaging that show proof of the products flammability and flame-spread ratings. Decorative materials shall be fire retardant. F Occupancy 62. General Inspection. Upon inspection of the work for which this submittal was provided, a general inspection of the business and site will be conducted. F Occupancy 63. Addressing. Addressing shall be illuminated or in an illuminated area. The address characters shall be contrasting to their background. If address is placed on glass, the numbers shall be on the exterior of the glass and a contrasting background placed behind the numbers. Building Address. The building shall be provided with all addresses or the assigned address range so as to be clearly visible from either direction of travel on the street the address references. The address characters F Occupancy of any building Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 17 of 35 shall not be less than 5 inches in height by 1- inch stroke. Larger sizes may be necessary depending on the setbacks and visibility. Multi-Tenants. Where a building has multiple tenants, address shall also be provided near the main entrance door of each tenant space. The address shall be high enough on the building to be clearly visible from the driveway, street or parking area it faces even when vehicles are parked in front of the tenant space. The address shall not be less than 5-inches in height with a ½-inch stroke. 64. Fire Safety During Construction and Demolition a) Clearance to combustibles from temporary heating devices shall be maintained. Devices shall be fixed in place and protected from damage, dislodgement or overturning in accordance with the manufacturer’s instructions. b) Smoking shall be prohibited except in approved areas. Signs shall be posted “NO SMOKING” in a conspicuous location in each structure or location in which smoking is prohibited. c) Combustible debris, rubbish and waste material shall be removed from buildings at the end of each shift of work. d) Flammable and combustible liquid storage areas shall be maintained clear of combustible vegetation and waste materials. F Ongoing during construction and demolition PUBLIC WORKS-AGREEMENTS 65. Stormwater Management Maintenance Agreement. Property Owner shall enter into an Agreement with the City of Dublin that guarantees the property owner’s perpetual maintenance obligation for all stormwater management measures installed as part of the project, including those on-site and within the public Rights of Way. In addition to stormwater management measures, drainage v-ditches, mitigation areas, and existing wetlands shall be included for reference, as applicable. Said Agreement is required pursuant to Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2022-0018. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. The Agreement shall be recorded against the property and shall run with the land. PW Building Permit Issuance 66. Improvement Agreement. Applicant/Developer shall enter into an Improvement Agreement with the City for all PW Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 18 of 35 public improvements including any required offsite storm drainage or roadway improvements that are needed to serve the development, as determined by the City Engineer. Improvement Plan Approval PUBLIC WORKS-PROJECT SPECIFIC 67. Creek Setback. No development shall occur within thirty feet (30’) of the centerline of any creek or twenty feet (20’) of the top of bank, in conformance with Dublin Municipal Code (DMC) 7.74.110.B.3. PW Grading and Improvement Plan Approval and On-going 68. Temporary Perimeter Fence. The Applicant shall install a temporary perimeter fence along the 20’ creek setback line to prevent encroaching into the creek. Additionally, the Applicant shall provide written justification to the City Engineer in the event construction activities encroach within the 20’ setback from the creek bank, as noted in Section 32 of the City Ordinance No. 52-87. PW Start of Construction and On-going 69. Driveway Design. The new driveway on Tassajara Road shall be designed for right-in- only vehicle movements. The driveway shall be designed to emphasize the right-in only vehicle movement, while still allowing garbage and fire truck access. The Applicant shall work with the City during construction document review to finalize the driveway design. PW Improvement Plan Approval 70. Tassajara Road Gap Closure Project. The Quarry Lane School site will be impacted/limited during construction of the Tassajara Road Gap Closure project. The Owner shall work with the City as needed during construction. PW Start of Construction and On-going 71. Tassajara Road Gap Closure Project Interface. If the QLS Project is underway but cannot be completed by the time the City Project work begins, or if the QLS Project’s schedule and work conflicts with the City Project, the City Project shall take priority over the QLS Project. As may be necessary to enforce the above conditions during construction, the Applicant shall enter into an agreement with the City to layout the conditions if the two construction projects should interface. PW Start of Construction and On-going 72. Auxiliary Lane. This Quarry Lane School (QLS) Project requires an auxiliary lane for queuing vehicles at the proposed driveway when the driveway is operational. 1. If the Tassajara Gap Closure Project (City Project) construction is completed prior to this project, the following shall apply: a. The City Project will build the ultimate lane configuration of Tassajara Road which will include a second lane that PW Improvement Plan Approval Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 19 of 35 can serve as an auxiliary lane for the proposed driveway. b. The QLS project shall allow the City Project to build the project frontage, but the driveway approach will be required to remain closed until the auxiliary lane that will be built with the City Project is completed. 2. If the City Project has not been completed prior to construction of the QLS Project, the following shall apply: a. The Applicant will be required to construct frontage improvements along the parcel street frontage with the QLS Project to address queueing resulting from the proposed driveway approach being opened to student drop-off and pick-up until the City Project is completed. b. The QLS Project’s Tassajara Road frontage improvements shall be coordinated with the Tassajara Road Gap Closure Project (City Project). Street improvements will include, but are not limited to, the installation of pavement, curb, gutter, sidewalk, curb ramps, driveway approach, streetlights, landscaping, bio-retention area, street trees, utility relocation, fire hydrants, traffic signal modification, and drainage improvements between the Tassajara Road/Quarry Lane School intersection to a point approximately 200’ south of Shadow Hill Drive. c. The frontage improvements are eligible for EDTIF credit up to 85 percent of the costs as detailed in the EDTIF program. However, any work that is not in the EDTIF or exceeds the quantities in EDTIF are considered not eligible for credit. d. Credits received from EDTIF may be used to offset Transportation Impact Fees (TIF) or when no TIF is required, the credits can then be sold to another developer following the procedure in the EDTIF Administrative Guidelines. If the Applicant constructs the auxiliary lane to the alignment, grade and specifications of the City Project, the work performed will be eligible to receive EDTIF credit. If the Applicant does not build the auxiliary lane to the plan and specification of the City Project, then no credit will be given and these improvements will be removed and replaced by the City Project. The Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 20 of 35 Applicant will not receive reimbursement for costs related to building the temporary auxiliary lane. 73. Tassajara Road Moratorium. If the Tassajara Road Gap project is constructed prior to this project, Tassajara Road will be under moratorium. All utility connections serving this project shown in Tassajara Road shall be constructed prior to or during Tassajara Road gap construction. This includes utilities constructed by the contractor and those constructed by the utility companies for services to this project. If utility installations are not completed prior to the Tassajara Road Gap Project, the Quarry Lane School Performing Arts Center project shall be responsible to replace/repair Tassajara Road improvements between adjacent intersections, including but not limited to asphalt pavement, median improvements, curb, gutter, sidewalk, landscaping, signing and striping, to the satisfaction of the City Engineer. PW Improvement Plan Approval and Acceptance of Improvements 74. Bicycle Parking. The Applicant shall provide 8 short-term and 8 long-term bicycle parking spaces. Short-term bicycle parking spaces shall have 2 points of contact. Long-term bicycle parking spaces shall be two-tier bike lockers. PW Improvement Plan Approval 75. Parking Lot Grades. Per Dublin Municipal Code (DMC) Section 8.76.070.A.22., parking lot grades shall not exceed 5% slope. PW Improvement / Grading Plan Approval 76. Slope Offsets. • Provide 1’ minimum offset from improvements to top/toe of slopes. • Provide 1’ minimum offset from creek setback to top/toe of slopes. PW Grading Plan Approval 77. Wheel Stops. Wheel stops to be placed at parking stalls as applicable to ensure the accessible path of travel is kept clear of obstructions. PW Improvement Plan Approval 78. Landscape Features within Public Right-of- Way. The Property Owner shall enter into an “Agreement for Long Term Encroachment for Landscape Features” with the City to require the Property Owner to maintain the landscape and decorative features within public right-of-way including frontage landscaping, decorative pavements and special features (i.e. walls, portals, benches, etc.). The Agreement shall identify the ownership of the special features and maintenance responsibilities. The Property Owner will be responsible for maintaining the surface of all decorative pavements including restoration required as the result of utility repairs. PW Grading Permit or Encroachment Permit Issuance 79. Tassajara Road Landscape Maintenance. Landscaping along the Tassajara Road project PW Grading Permit or Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 21 of 35 frontage shall be maintained by Quarry Lane School. This maintenance responsibility shall be reflected in the Long Term Encroachment Agreement. Encroachment Permit Issuance 80. ReScape California Landscape Design. All publicly owned landscape (e.g. parks, right of way, etc.) shall be designed and rated to meet ReScape standards. The applicant is encouraged to design all other landscape areas according to ReScape Landscape standards. PW/ESD Building Permit Issuance and Grading Permit Issuance 81. Street Restoration. A pavement treatment, such as slurry seal or grind and overlay, will be required within the public streets fronting the site as determined by the Public Works Department. The type and limits of the pavement treatment shall be determined by the City Engineer based upon the number and proximity of trench cuts, extent of frontage and median improvements, extent of pavement striping and restriping, excessive wear and tear/damage due to construction traffic, etc. PW Certificate of Occupancy or Acceptance of Improvements 82. Bioretention Area Lining. If the high-ground water elevation is within five feet from the bottom of the bio-retention area (BRA), then the BRA will be required to be lined. PW Improvement Plan Approval 83. Hydromodification Management Standards. This project is subject to hydromodification management measures. The Applicant/Developer shall review the Bay Area Hydrology Model (BAHM) Review Worksheet for all projects that must meet Hydromodification Management Standards. The worksheet is available on the City’s website at the following webpage: http://dublin.ca.gov/1656/ The applicant shall provide the BAHM WD2, WDM, and WHM files to the City for review. PW Grading Permit or Encroachment Permit Issuance 84. Mitigation Measures. The applicant shall provide to the Planning Division and the 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. PW/ESD Acceptance of Improvements PUBLIC WORKS – PERMITS AND BONDS 85. 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 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 22 of 35 86. Grading Permit. Applicant/Developer shall obtain a Grading Permit from the Public Works Department for all grading. PW Permit Issuance 87. Security. Applicant/Developer shall provide faithful performance security to guarantee the improvements, as well as payment security, as determined by the City Engineer. The performance security shall remain in effect until one year after final inspection. PW Permit Issuance 88. 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- SUBMITTALS 89. Improvement Plan Submittal Requirements. All submittals of plans shall comply with the requirements of the “City of Dublin Public Works Department Improvement Plan Submittal Requirements”, the “City of Dublin Improvement Plan Review Check List,” and current Public Works and industry standards. A complete submittal of improvement plans shall include all civil improvements, joint trench, street lighting and on-site safety lighting, landscape plans, and all associated documents as required. Applicant/Developer shall not piecemeal the submittal by submitting various components separately. PW Grading Permit Issuance 90. Improvement Plan Requirements from Other Agencies. Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies, including but not limited to: the Alameda County Fire Department and the Dublin San Ramon Services District. PW Grading Permit Issuance 91. Composite Exhibit. Construction plan set shall include a Composite Exhibit showing all site improvements, utilities, landscaping improvements and trees, etc. to be constructed PW Grading Permit Issuance Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 23 of 35 to ensure that there are no conflicts among the proposed and existing improvements. 92. Geotechnical Report. Applicant/Developer shall submit a Design Level Geotechnical Report, which includes street pavement sections, grading and additional information and/or clarifications as determined by the City Engineer. PW Grading Permit Issuance 93. Ownership and Maintenance of Improvements. Applicant/Developer shall submit an Ownership and Maintenance Exhibit for review and approval by Planning Division and Public Works Department. Terms of maintenance are subject to review and approval by the City Engineer. PL, PW Grading Permit Issuance 94. Building Pads, Slopes and Walls. Applicant/Developer shall provide the Public Works Department with a letter from a registered civil engineer or surveyor stating that the building pads have been graded to within 0.1 feet of the grades shown on the approved Grading Plans, and that the top & toe of banks and retaining walls are at the locations shown on the approved Grading Plans. PW Acceptance of Improvements 95. Approved Plan Files. Applicant/Developer shall provide the Public Works Department a PDF format file of approved site plans, including grading, improvement, landscaping & irrigation, joint trench and lighting. PW Grading Permit Issuance 96. Master Files. Applicant/Developer shall provide the Public Works Department a digital vectorized file of the “master” files for the project, in a format acceptable to the City Engineer. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. PW Acceptance of Improvements 97. Environmental Services Files. Applicant/Developer shall provide to the Public Works Department GIS shape files, provided in a format acceptable to the City, all MRP Provision C.3 stormwater features, trash capture devices, mitigation measures, wetlands, v-ditches and public waste containers. PW/ESD Acceptance of Improvements 98. SB 1383 Compliance Reporting. To comply with SB 1383, applicant shall provide to the Public Works Department records indicating where SB 1383 compliant mulch or compost was applied in the project, the source and type of product, quantity of each product, and invoices demonstrating procurement. PW/ESD Acceptance of Improvements / Certificate of Occupancy Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 24 of 35 PUBLIC WORKS – EASEMENTS AND ACCESS RIGHTS 99. Dedications. The Applicant shall be responsible for dedication of all rights-of-way and easements required by these conditions or determined necessary by the City Engineer. PW Building Permit Issuance 100. 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 stormwater treatment facilities, fences, gates or trellises shall not be located within the PSE. PW Building Permit Issuance 101. Emergency Vehicle Access Easements. The Applicant/Developer shall dedicate Emergency Vehicle Access Easements (EVAE) over the clear pavement width of all drive aisles as required by the Alameda County Fire Department and City Engineer. PW Building Permit Issuance 102. 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 Building Permit Issuance 103. Acquisition of Easements. Applicant/Developer shall be responsible for obtaining all onsite and offsite 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 Building Permit Issuance 104. Approval by Others. The Applicant/Developer will be responsible for submittals and reviews to obtain the approvals of all applicable non-City agencies. PW Building Permit Issuance PUBLIC WORKS – STORM DRAINAGE & OTHER UTILITIES 105. On-site Storm Drain System. Storm drainage for the 10-year storm event shall be collected on-site and conveyed through storm drains to the public storm drain system. Show the size and location of existing and proposed storm drains and catch basins on the site plan. Show the size and location of public storm drain lines and the points of connection for the on-site storm drain system. PW Grading Permit Issuance Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 25 of 35 106. Overland Release. Grading and drainage shall be designed so that surplus drainage (above and beyond that of the 10-year storm event) not collected in site catch basins, is directed overland so as not to cause flooding of existing or proposed buildings. PW Grading Permit Issuance 107. Storm Drain Inlet Markers. All public and private storm drain inlets must be marked with storm drain markers that read: “No dumping, drains to creek,” and a note shall be shown on the improvement plans. The markers may be purchased from the Public Work Department. PW Acceptance of Improvements 108. Fire Hydrants. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant, and shown on the signing & striping plan. PW Acceptance of Improvements 109. Dry Utilities. Applicant/Developer shall construct gas, electric, telephone, cable TV, and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. PW Certificate of Occupancy or Acceptance of Improvements 110. Dry Utility Locations. All electric, telephone, cable TV, and communications utilities, shall be placed underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements or public services easements and sized to meet utility company standards. PW Certificate of Occupancy or Acceptance of Improvements 111. Utility Vaults and Boxes. All utility vaults, boxes, and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscaped areas and screened from public view. Landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes, and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be submitted along with the grading and/or improvement plans. PW Certificate of Occupancy or Acceptance of Improvements PUBLIC WORKS- STREET IMPROVEMENTS 112. Public Improvements. The public improvements shall be constructed generally as shown on the Site Development Review. However, the approval of the Site Development Review is not an approval of the specific design of the drainage, traffic circulation, parking, stormwater treatment, sidewalks and street improvements. PW Grading Permit or Encroachment Permit Issuance 113. Public Improvement Conformance. All public improvements shall conform to the City of Dublin Standard Plans, current practices, and design PW Grading Permit or Encroachment Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 26 of 35 requirements and as approved by the City Engineer. Permit Issuance 114. Pavement Structural Sections. Asphalt concrete pavement sections within the public right-of-way shall be designed using the Caltrans method for flexible pavement design (including the asphalt factor of safety), an assumed R-Value of 5. Final pavement sections shall be based on the actual R-Value obtained from pavement subgrade. PW Grading Permit or Encroachment Permit Issuance 115. Curb, Gutter & Sidewalk. Applicant/Developer shall remove and replace damaged, hazardous, or nonstandard curb, gutter and sidewalk along the project frontage. Contact the Public Works Department to mark the existing curb, gutter and sidewalk that will need to be removed and replaced. PW Grading Permit or Encroachment Permit Issuance 116. Curb Ramps. City standard curb ramps are required at all intersections. All curb ramps shall include truncated domes, and meet the most current City and ADA design standards. Show curb ramp locations on the plans. Please note that all curb returns on public streets shall have directional or dual ADA ramps – one for each crosswalk and oriented to align parallel with the crosswalk. PW Grading Permit or Encroachment Permit Issuance 117. Visibility Triangle. All improvements within the sight visibility triangle at all intersections, including but not limited to walls and landscaping, shall be a maximum height of 30” from the roadway surface elevation at the nearest lane. PW Grading Permit or Encroachment Permit Issuance 118. Traffic Signing and Striping. Applicant/Developer shall install all traffic signage, striping, and pavement markings as required by the City Engineer. Signing plans shall show street name and stop signs and any other regulatory signage appropriate for the project. Striping plans shall show stop bars, lane lines and channelization as necessary. Striping plans shall distinguish between existing striping to be removed and new striping to be installed. All striping shall be thermoplastic. PW Grading Permit or Encroachment Permit Issuance PUBLIC WORKS-CONSTRUCTION 119. 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 Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 27 of 35 120. 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 121. 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 122. 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 123. 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 124. Traffic Control Plan. Closing of any existing pedestrian pathway and/or sidewalk during construction shall be implemented through a City-approved Traffic Control Plan and shall be done with the goal of minimizing the impact on pedestrian circulation. PW Start of Construction and On-going as needed 125. 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 126. Pest Control. Applicant/Developer shall be responsible for controlling any rodent, mosquito, PW On-going Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 28 of 35 or other pest problem due to construction activities. 127. Dust Control Measures. Applicant/Developer shall be responsible for watering or other dust- palliative measures to control dust as conditions warrant or as directed by the City Engineer. PW Start of Construction; Implementation On-going as needed 128. 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 and Site Work 129. 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 130. Stormwater Treatment. Consistent with Provision C.3 of the Municipal Regional Stormwater NPDES Permit (MRP) Order No. R2-2022-0018, the Applicant/Developer shall submit documentation including construction drawings demonstrating all stormwater treatment measures and hydromodification requirements as applicable are met. PW/ESD Grading Permit Issuance 131. Stormwater Source Control. All applicable structural and operational stormwater source controls shall be implemented. PW/ESD Grading/Sitewo rk Permit Issuance 132. Maintenance Access. Applicant shall design and construct maintenance access to all stormwater management measures. Maintenance access for equipment and personnel to overflow risers, cleanouts and other structures is required. The final number, location, width, and surfacing of maintenance access points from public or private streets is subject to the approval of the City Engineer. PW/ESD Grading Permit Issuance 133. 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 NOI with issued WDID # and Storm Water Pollution Prevention PW Start of Any Construction Activities Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 29 of 35 Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 134. 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 135. Stormwater Management Plan. A final Stormwater Management Plan shall be submitted for review and approval by the City Engineer. Approval is subject to the Applicant/Developer providing the necessary plans, details, and calculations that demonstrate the plan complies with the standards issued by the San Francisco Bay Regional Water Quality Control Board and Alameda Countywide Clean Water Program. Landscape Based Stormwater Management Measures shall be irrigated and meet WELO requirements. PW/ESD Building Permit Issuance and Grading Permit Issuance 136. SB 1383 Compliance. To comply with SB 1383 procurement requirements, all mulch and compost used in stormwater management measures and general landscape areas shall meet SB 1383 procurement requirements. Specifically, compost must be produced at a permitted composting facility; digestate, biosolids, manure and mulch do not qualify as compost. Eligible mulch must be derived from organic materials and be produced at a permitted transfer station, landfill, or composting facility. Examples of allowed compost include arbor mulch and composted mulch. PW/ESD Building Permit Issuance and Grading Permit Issuance 137. Trash Capture. The project must either demonstrate that on-site stormwater runoff flows to a regional trash capture device or ensure MRP full trash capture requirements are met though the installation of approved full trash capture devices or by entering into a trash maintenance agreement with the City. Specific details on the trash capture devices selected are required on the construction plan set demonstrating how MRP Provision C.10 (trash capture) requirements are met. A list of approved full trash capture devices may be found at the California Stormwater Quality PW Building Permit Issuance and Grading Permit Issuance Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 30 of 35 Association website at the following link: https://www.casqa.org/resources/trash/certified -full-capture-system-trash-treatment-control- devices. Please note that lead time for trash capture device delivery can be substantial. The applicant/contractor shall plan accordingly. PUBLIC WORKS – ONSITE IMPROVEMENTS 138. Drive Aisle Width. The parking lot aisles shall be a minimum of 24 feet wide to allow for adequate onsite vehicle circulation for cars, trucks, and emergency vehicles. PW Grading Permit Issuance 139. Vehicle Parking. All on-site vehicle parking spaces shall conform to the following: a. All parking spaces shall be double striped using 4” white lines set 2 feet apart in accordance with City Standards and DMC 8.76.070.A.17. b. 12”-wide concrete step-out curbs shall be constructed at each parking space where one or both sides abut a landscaped area or planter. c. Where wheel stops are shown, individual 6’ long wheel stops shall be provided within each parking space in accordance with City Standards. d. A minimum 2’ radius shall be provided at curb returns and curb intersections where applicable. e. Parking stalls next to walls, fences and obstructions to vehicle door opening shall be an additional 4’ in width per DMC 8.76.070.A.16. Landscaped strips adjacent to parking stalls shall be unobstructed in order to allow for a minimum 2-foot vehicular overhang at front of vehicles. PW Grading Permit Issuance 140. Onsite Signing and Striping Plan. A Traffic Signing and Striping Plan showing all proposed signing and striping within on-site parking lots and drive aisles, shall be submitted for review and approval by the City Engineer. PW Grading Permit or Encroachment Permit Issuance 141. Photometrics. The Applicant/Developer shall provide a complete photometrics plan for both onsite and frontage roadways. Include the complete data on photometrics, including the High, Average and Minimum values for illuminance and uniformity ratio. PW Grading Permit or Encroachment Permit Issuance 142. Project signs. All proposed project monument signs shall be placed on private property. Signs should be located outside of any easement areas unless specifically approved by the City Engineer. Any signage allowed to be located in an easement is subject to removal and replacement at the expense of the PW Grading Permit Issuance Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 31 of 35 Developer/property owner if required by the easement holder. 143. Solid Waste Requirements. The Project must comply with all requirements in Dublin Municipal Code Chapter 7.98, including the following requirements: Install trash, recycling and organics collection containers in congregation areas and along public and private sidewalks. PW/ESD Building Permit or Site Work Permit Issuance 144. Waste Enclosure. The waste enclosure shall meet all of the requirements set forth within the Dublin Municipal Code Section 7.98, including but not limited to providing sewer and water hook-ups. The improvement plans and/or building permit plans shall show additional information demonstrating these requirements are met. A standard plan for the waste enclosure can be downloaded at https://dublin.ca.gov/341/Standard-Plans in the “Stormwater Measures” section. A pedestrian accessible path of travel shall be provided for employees from the building to the waste enclosure in conformance with current accessibility requirements. PW/ESD Building Permit Issuance and Grading Permit Issuance 145. Garbage Truck Access. The applicant shall provide plans and details on anticipated garbage truck access and routes, in addition to example set-out diagrams for waste carts/bins placement on garbage day demonstrating adequate space available for carts/bins. Carts and bins shall not block street or driveway access. PW/ESD Building Permit or Site Work Permit Issuance PUBLIC WORKS-GRADING 146. Grading Plan. The Grading Plan shall be in conformance with the recommendation of the Geotechnical Report, the approved Site Development Review, 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 147. 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/ Sitework Permit 148. 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 PW Grading Permit Issuance/Sitew ork Permit Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 32 of 35 a Letter of Consent signed by the current owner, 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. 149. 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 150. 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; • Buildings to be removed; 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 DUBLIN SAN RAMON SERVICES DISTRICT 151. The regulations that apply to development projects are codified in: the Dublin San Ramon Services District Code; the DSRSD “Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities” as amended from time to time; all applicable DSRSD Master Plans and all DSRSD policies. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the pertinent documents. DSRSD Through Completion 152. Planning and review fees, inspection fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules and at time of payment as established in the DSRSD Code. DSRSD Through Completion Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 33 of 35 Planning and review fees are due after the 1st submittal of plans. Construction Permit and Inspection Fees are due prior to the issuance of a Construction Permit. Capacity Reserve Fees are due before the water meter can be set or the connection to the sewer system. 153. Prior to issuance of any building permit by the City; or any Building Permit or Construction Permit by the Dublin San Ramon Services District, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans for DSRSD facilities shall contain a signature block for the District Engineer indicating approval of the sanitary sewer and/or water facilities shown. Prior to approval by the District Engineer, the applicant shall pay all required DSRSD fees, and provide an engineer’s estimate of construction costs for the sewer and water systems, a faithful performance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. DSRSD Building Permit Issuance 154. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. DSRSD Prior to Recordation 155. Where the narrow width of a proposed alley or cul-de-sac is so restrictive that the standard separation requirements for water mains and sewer mains cannot be maintained, the water and sewer mains shall be installed within main thoroughfares, outside of alleyways or cul-de- sacs. Water and sewer mains may not be installed within courtyards. Water meters shall be installed around the outer perimeter of buildings. Installation of water lines from the meter to each unit shall be documented and submitted to the District. DSRSD Building Permit Issuance 156. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. DSRSD Building Permit Issuance 157. Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for DSRSD Prior to Grading Permit Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 34 of 35 water and sewer lines shall be submitted to and approved by DSRSD. 158. Water and sewer mains shall be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then sewer or water easements must be established over the alignment of each sewer or water main in an off-street or private street location to provide access for future maintenance and/or replacement. DSRSD Building Permit Issuance 159. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. DSRSD Permit Submittal and Construction Permit Issuance 160. Sewers shall be designed to operate by gravity flow to DSRSD’s existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case-by-case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 30-year operations and maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. DSRSD Building Permit Issuance or Construction Permit Issuance 161. This project will be analyzed by DSRSD to determine if it represents additional water and/or sewer capacity demands on the District. Applicant will be required to pay all incremental capacity reserve fees for water and sewer services as required by the project demands. All capacity reserve fees must be paid prior to installation of a water meter for water. If a water meter is not required, the capacity reserve fee shall be paid prior to issuance of a building permit. The District may not approve the building permit until capacity reserve fees are paid. DSRSD Building Permit Issuance or Construction Permit Issuance 162. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 153 have been satisfied. DSRSD Approval of Improvement Plans 163. Above ground backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. DSRSD Approval of Improvement Plans Reso. No. XX-23, Item X.X, Adopted XX/XX/2023 Page 35 of 35 164. Any proposed irrigation for this project shall be designed for and connected to potable water. Unless explicitly stated otherwise by DSRSD, recycled water irrigation is unavailable for use for this project per DERWA recycled water moratorium Resolution No. 19-3 dated 3/24/2019. DSRSD Grading Permit Issuance PASSED, APPROVED AND ADOPTED this day of 2023, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Planning Commission Chair ATTEST: _________________________________ Assistant Community Development Director 5480148.2