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Exhibit "D"

Recommended Findings & Conditions of Approval PLN2014-00332 – Capitol Villas

Downtown District Rezoning, Vesting Tentative Tract Map No. 8227, and Major Downtown Design Review Permit

FINDINGS

The findings below are made on the basis of information presented at the public hearing and contained in the staff report to the Planning Commission dated March 26, 2015, incorporated hereby.

Downtown District Rezoning:

(a) The proposed rezoning is consistent with the general plan in that it would enable the applicant to provide high-density residential development within the City Center in a mixed-use setting with commercial uses on the ground floor, consistent with the General Plan’s vision for a vibrant new downtown. This would give residents opportunities to live downtown and walk to transit services, commercial services, major shopping centers, banks, medical offices and civic facilities. The project would also contribute to the pedestrian-oriented environment envisioned by the General Plan through the provision of new, extra-wide sidewalks with street furniture, bulb-outs, and on-street parking, and by bringing the building close to the back of the public sidewalk while relegating parking facilities to the interior of the site; and

(b) The proposed rezoning furthers the public interest, convenience, and general welfare of the city by enabling the development of one of the first mixed-use projects in the City Center that conforms in all regards to the vision contained in the General Plan for the area, and which would integrate well into the pedestrian-scaled streetscape envisioned by both the General Plan and Downtown Community Plan. It would also provide a unique housing opportunity for residents who are seeking an urban environment in which to live, which affords convenient access to major transit, everyday commercial services, civic facilities and medical services.

Major Downtown Design Review Permit Findings:

(a) The permit will attain the objectives and purposes of the Downtown Community Plan in that the proposed mixed-use development would contribute to the economic vitality and vibrancy of the City Center by offering opportunities for housing and new commercial space on Capitol Avenue in the heart of the City’s Downtown, and by putting forth a pedestrian-scaled architectural design with minimal building setbacks, transparent ground-floor storefronts and balconies facing the public realm, and with parking hidden from sight within and beneath the building. It would also provide new housing opportunities for residents wishing to live in an urban environment located within walking distance of several major shopping centers, civic and cultural institutions, and major transit services, which, in turn, could help reduce overall vehicle trips throughout the City by encouraging walking and furthering the City’s efforts to encourage sustainable and environmentally-friendly land use and development principles; and

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feature ground-floor commercial space oriented towards the public realm, with residential units on the upper floors, a pedestrian-scaled architectural design with minimal building setbacks and transparent storefronts and a residential lobby along the sidewalk with balconies overlooking the streets, and with parking hidden from sight within and beneath the building. The commercial spaces would feature ceiling heights that exceed the minimum height prescribed by the Design Guidelines to enable restaurants and other uses requiring significant mechanical equipment in their ceilings to occupy the spaces. Finally, the building would feature a significant amount of articulation in the form of significant step-backs from the streets on the upper floors, projecting bays and balconies on the upper floors, metal awnings, wall sconces and varying building materials at each street level building entrance, and a large tower element with recessed fenestrations at the street corner which would be oriented toward the intersection and serve as the project’s focal point.

Vesting Tentative Tract Map for Condominium Purposes No. 8227

Based on the analysis of the project contained in the accompanying staff report, the proposed Vesting Tentative Tract Map for Condominium Purposes No. 8227 is in conformance with the General Plan, Zoning Ordinance and the Subdivision Map Act, and none of the following findings can be made:

(a) The map fails to meet or perform one or more of the requirements or conditions imposed by the Subdivision Map Act or Title 17 of the Fremont Municipal Code (Subdivisions);

(b) The proposed subdivision, together with the provisions for its design and improvements, is not consistent with applicable general and specific plans;

(c) The site is not physically suitable for the type or proposed density of development;

(d) The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

(e) The design of the subdivision or the type or improvements is likely to cause serious public health problems; and

(f) The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

CONDITIONS OF APPROVAL General Conditions:

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or proceeding and cooperate fully in the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City bears its own attorney’s fees and costs, and the City defends the action in good faith. 2. Exhibits. The project shall substantially conform to Exhibits “B” (Vesting Tentative Tract

Map No. 8227) and “C” (Downtown Design Review Permit Plans), and all conditions of approval set forth herein.

3. Building and Subdivision Permit Reviews. The applicant shall submit construction-level detailed plans to the Community Development and Public Works Departments for building permit and subdivision improvement review and approval, respectively, to ensure conformance with the conditions herein, as well as with all relevant codes, policies, and other requirements of the Fremont Municipal Code (FMC), state and federal laws. Plans shall be coordinated between all disciplines to utilize matching project plan orientation and layout, north orientation, and scales to the greatest extent possible.

4. Outside Agency Approvals. The applicant shall apply for and comply with all applicable provisions of any permits required from any state, regional, or local agencies, including, but not limited to, Alameda County Water District and Union Sanitary District.

5. Minor Modifications to Approved Plans. Minor modifications may be made to the project subject to review and approval by the Planning Manager and/or City Engineer if such modifications are in keeping with the intent of the original approval. However, the Planning Manager or City Engineer may refer any modifications to the Planning Commission or City Council if he/she/they feel the request is of such a nature that it warrants consideration by the Commission or Council.

Major Downtown Design Review Permit Conditions:

1. Minimum Commercial Space Depth. The smallest commercial space being shown as “Commercial #4” in Exhibit “D” facing Hastings Street may not be used for commercial purposes until such time as the regulations governing minimum commercial space depth in the D-MD place-type zone are reduced to allow a 16-foot minimum.

2. Tenant Transit Benefits. The applicant or future property owner(s) is/are encouraged to provide a pass for unlimited local bus transit service covering a one-month period or a functionally equivalent transit benefit at least equal to the price of a non-discounted unlimited monthly local bus pass to each residential tenant, upon purchase of the unit. 3. Development Identity and Building Signs. Signs are not a part of this approval. All

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4. Final Colors & Materials Approval. The final colors and materials palette for the project shall be subject to review and approval of the Planning Manager prior to building permit issuance.

5. Site Amenities/Furnishings. The placement of trash receptacles, benches, bicycle racks, light bollards and other site furnishings shall be subject to further review and approval through the building permit review process by the Community Development Department to ensure the placement and amount of site furnishings is adequate.

6. Sustainability Practices and Green Building. The development shall comply with the current CalGreen Mandatory requirements as adopted by the City for commercial mixed-use development.

7. Design/Screening of Utility, Backflow Preventers and Fire Appurtenances. All utility and fire appurtenances, backflow preventers, meters and risers shall be concealed or screened from view by materials of a design and composition compatible with the architectural treatment of the project. Proposed utility closets shall be sufficient in size to accommodate the necessary utilities. Screening elements and/or appropriate landscaping shall be provided for all ground-level mechanical/utility equipment and appurtenances.

8. Transformer Vaults. The applicant shall work with PG&E on the locations of all underground transformer vaults. To the degree feasible, transformer vaults shall be located in inconspicuous areas on the project site. Transformer vaults may be located within the area of the public sidewalk, subject to the approval by the City Engineer. The location of transformer vaults shall not conflict with the proposed landscape design.

9. Lighting Plan. A lighting plan, submitted in conjunction with a photometric plan, shall be subject to City review and approval during the building permit review process. All lighting shall be consistent with the architectural design of the buildings. In compliance with the FMC, lighting will be reviewed to avoid substantial light or glare that may have an impact on day or nighttime views in the area. All wall-mounted lighting shall be high quality, decorative fixtures or sconces with concealed lighting elements. Sufficient security lighting shall be installed within parking garages, commons areas, plazas and walkways, subject to the review and approval of the Community Development Department staff.

10. Screening of Rooftop Equipment. Rooftop screening elements shall appropriately screen all air handling and mechanical units and associated appurtenances. The type of screening material selected for rooftop mechanical equipment shall demonstrate sufficient screening effectiveness and consistency with the architectural design of the buildings. 11. Air Conditioning Units. All air conditioning condenser units shall be properly screened

and mounted on roof decks of the building.

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13. Clear Glazing at Ground-Level Retail Space. All glazing shall consist of clear glass at ground-level commercial spaces along Capitol Avenue and Hastings Street.

14. Treatment of Service Doors. All service doors shall be color-treated to match the color of the building’s exterior adjacent wall(s). No service doors shall be allowed facing Capitol Avenue and Hastings Street.

15. Final Site & Architectural Refinements. Final project site plan and architectural refinements shall be subject to the review and approval of Community Development Department staff. Additional minor detailing and design changes found appropriate by staff during the building permit review process shall be implemented to further enhance the project design. Unresolved design issues may be referred by the Planning Manager to the Planning Commission or City Council for review.

16. Affordable Housing Ordinance (AHO). The project shall comply with all applicable provisions of the Affordable Housing Ordinance. The applicant has elected to pay the affordable housing fee to comply with the AHO. The applicant may elect to defer payment of the affordable housing fee in accordance with the City’s Impact Fee Deferral Program.

17. Development Impact Fees. The project shall be subject to Citywide Development Impact Fees. These fees include fees for fire protection services, capital facilities, park facilities and parkland, and traffic facilities. The fees shall be collected prior to building permit issuance. The applicant may elect to defer payment of the development impact fees in accordance with the FMC.

18. Downtown Public Art Fee. The project shall be subject to the Downtown Art Fee pursuant to FMC Section 18.47.120. The fee collected will be added to the City’s Downtown Art Fund for the commissioning and installation of artwork within downtown. The fee shall be collected prior to building permit issuance. The applicant may elect to defer payment of the fee in accordance with the FMC. The applicant may also elect to provide on-site public artwork in lieu of payment of the fee in accordance with the FMC. CEQA Mitigation Measures:

1. Mitigation Measure Air-1: Prior to the issuance of a grading and/or building permit, whichever occurs first, the following best management practices shall be included in a dust control plan to limit particulate matter (fugitive dust emissions) and noted on construction plans with the contact information for a designated crewmember who will oversee the on-site implementation of the plan:

a. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered twice per day.

b. All haul trucks transporting soil, sand, or other loose material off-site shall be covered.

c. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.

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e. All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. Building pads shall be laid as soon as possible after grading unless seeding or soil binders are used.

f. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to 5 minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations). Clear signage shall be provided for construction workers at all access points.

g. All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.

h. Post a publicly visible sign with the telephone number and person to contact at the City of Fremont regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations.

2. Mitigation Measure Noise-1 (Wall/Floor & Wall/Ceiling Intersections): All intersections between walls and floors and walls and ceilings shall be carefully caulked with resilient, non-hardening sealant.

3. Mitigation Measure Noise-2 (Exterior Wall Outlets): Electrical outlets in exterior walls shall be provided with pads such as those manufactured by Lowry’s shall be applied to all electrical boxes. All edges of electrical outlet boxes and other penetrations shall be carefully caulked with non-hardening acoustical sealant.

4. Mitigation Measure Noise-3 (Window Frames): All window frames shall be caulked with resilient sealant to provide an airtight seal. A bead of resilient caulking shall be applied to all window casings before installation.

5. Mitigation Measure Noise-4 (Exterior Wall/Window Construction):

 Windows and balcony doors for all residential-unit bedrooms facing Mowry Avenue shall feature a minimum certified laboratory OITC rating of 30 (corresponding approximately to STC 37), while windows and balcony doors for all other habitable rooms in those units (apart from bedrooms) shall feature a minimum certified laboratory OITC rating of 27 (corresponding approximately to STC 34).

 Windows and balcony doors for all bedrooms facing Capitol Avenue and Hastings Street shall feature a minimum certified laboratory OITC rating of 28 (corresponding approximately to STC 35), while all other habitable rooms in those units shall feature a minimum certified laboratory OITC rating of 25 (corresponding approximately to STC 30).

 Windows and balcony doors for all bedrooms facing the adjacent commercial property to the northeast shall feature a minimum certified laboratory OITC5 rating

of 27 (corresponding approximately to STC 34), while all other habitable rooms in those units shall feature a minimum certified laboratory OITC rating of 24 (corresponding approximately to STC 29).

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7. Mitigation Measure Noise-6 (Supplemental Ventilation): Supplemental ventilation shall be provided for all residential units in the development. Supplemental ventilation can be achieved by the following three methods: (a) providing ducted heating/ventilation systems or full air-conditioning; (b) using bathroom exhaust fans to draw outside air into the building through sound-attenuated “Z-ducts” located in the exterior walls of habitable rooms facing the higher noise areas; or (c) providing passive, ducted air inlets that extend from the building’s rooftop into each unit. These inlets must be acoustically lined through the top-most 6 feet in length and incorporate one or more 90-degree bends so as not to compromise the noise-insulating performance of the residential unit’s exterior envelope.

8. Mitigation Measure Noise-7 (Balcony Screen Walls): Solid screens of a minimum 4 feet in height shall be provided along the outer edge of each residential unit’s balcony. These screens shall be designed to integrate with the architecture of the building.

Vesting Tentative Tract Map No. 8227 Conditions: General Conditions

1. Timing of Approval. Approval of this Vesting Tentative Tract Map shall be effective only after City Council adoption of an ordinance approving the Downtown District Rezoning for the project and such ordinance going into effect.

2. Expiration of Approval. Approval of this Vesting Tentative Tract Map shall expire according to the provisions of the State Subdivision Map Act and any amendments thereto and applicable provisions of the Fremont Municipal Code consistent with the State Subdivision Map Act.

Public Safety Requirements

3. EVAE. An Emergency Vehicle Access Easement is required for the site. The EVAE shall require coordination from the adjacent property owner to complete the fire department access roadway to the rear of the building.

4. Roof/Rooftop Terrace Access. Fire Department access shall be defined at the roof/rooftop terrace area for emergency escape and rescue openings during the building permit review/approval process.

5. Key Boxes. The applicant shall have a key box (Knox brand) located outside of all buildings/gates and provide keys to the Fire Department for access. Key box applications can be obtained at the Fire Administration Office located at 3300 Capitol Avenue or by calling 510-494-4200.

Subdivision Design Improvement Requirements:

6. Final Map & Subdivision Improvement Plans. The final map and subdivision improvement plans shall be submitted to the Engineering Division for review to ensure conformance with relevant codes, policies, and other requirements of the Fremont Municipal Code.

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record drawings prior to City Engineer approval and acceptance of the constructed subdivision improvements.

8. Required Public Improvements. The applicant shall provide complete street improvements for Capitol Avenue and Hastings Street prior to final map approval. The following are the minimum street improvement requirements for these public streets: a. Capitol Avenue: The applicant shall remove existing curb, gutter, sidewalk, pavement

signage and striping, and install 15-foot width decorative sidewalk, curb, gutter, angled parking, street trees, street lights, drainage facilities, and streetscape furnishings and materials consistent with the Fremont Downtown Community Plan. Grind and overlay along the project frontage shall be subject to the approval of the City Engineer. If the City’s Capitol Avenue Improvement between Paseo Padre Parkway and State Street are installed prior to the issuance of building permits, the applicant shall conform to the City’s improvements.

b. Hastings Street: Hastings Street currently exists with a 102-foot right-of-way width. The Fremont Downtown Community Plan proposes an 89-foot right-of-way width. The applicant shall apply for a 6.5-foot street right-of-way vacation prior to the issuance of the building permit. Utility relocation or easement reservations shall be done by the applicant at his/her own expense. Prior to final map approval, the applicant shall provide street improvements which include but are not limited to removal of existing curb, gutter, sidewalk, pavement signage and striping, and installation of 15-foot width decorative sidewalk, curb, gutter, angled parking, street trees, street lights, drainage facilities, streetscape furnishings and materials consistent with the Fremont Downtown Community Plan, and in-lieu payment for fair share of median improvements. Grind and overlay along the project frontage shall be subject to the approval of the City Engineer.

9. Streetlight/Joint Trench Plans. The streetlight plan and joint trench plan shall be submitted by the applicant with the first subdivision plan check for the street improvement plans and final map. The final streetlight plan and joint trench plan shall be completed prior to final map approval.

10. PG&E. The applicant shall request PG&E to commence with the design of the utility underground work for the proposed development after the City Council’s approval of Vesting Tentative Tract Map No. 8227.

11. Underground of Utilities. All new utility service connections, including electrical and communications, shall be installed underground. Electrical transformers shall be installed in underground vaults within an appropriate utility easement or public service easement. 12. Storm Drainage System. The project storm drain system shall conform to City

standards and shall be subject to review and approval of the City Engineer and the Alameda County Flood Control and Water Conservation District. Drainage calculations shall be submitted with the grading and drainage plans for the project.

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14. Marking of Storm Drain Inlets. All public and private storm drain inlets must be marked “No Dumping – Drains to Bay” using metal markers purchased from the City of Fremont Development Services at 39550 Liberty Street. Alternative inlet stencils or marking may be permitted subject to approval by the City.

15. Natural Drainage Patterns. Site grading shall not obstruct natural flow from abutting properties or divert drainage from its natural watershed.

16. Disposal of Export Material. A disposal site for the export materials or source for the import materials shall be approved by the City prior to the approval of the grading permit. The off-site haul truck route for the excess dirt or import fill shall be subject to the approval of the City Engineer. The import source or export destination, if within the City of Fremont, may require a separate grading permit.

17. SWPPP. Prior to issuance of a permit for land disturbance greater than one acre, the applicant shall file a Notice of Intent with the State of California Water Resources Control Board and receive the State assigned WDID number. The applicant shall provide a copy of the Storm Water Pollution Prevention Plan (SWPPP) for City review and maintain a copy on the job site.

18. Geotechnical Report. The applicant shall submit a detailed geotechnical report at time of subdivision improvement plan submittal. The report shall include recommendations regarding pavement sections. The project plans shall be designed in accordance with the required geotechnical report. Grading shall be supervised by an engineer registered in the State of California to do such work.

19. Geotechnical Engineer. The Project Geotechnical Engineer shall be retained to review and approve the final grading plans and specifications prior to permit issuance.

20. Pervious Pavement. The proposed use of pervious pavement is approved in concept only. The applicant will need to provide the necessary plans, details, and calculations to show that the pervious pavement will comply with the San Francisco RWQCB NPDES Municipal Regional Permit (MRP). Pervious pavers shall show the necessary sizing and storage to ensure that the MRP Provision C.3.d volume is captured for infiltration. This will include the need to do in-situ infiltration testing to show that the soils can infiltrate the design storm event

HOA/CC&R Requirements and Deed Restrictions:

21. HOA/CC&R Requirements. A Homeowners Association (HOA) shall be formed and Covenants, Conditions and Restrictions (CC&Rs), including these imposed conditions, shall be submitted to the Community Development Department (or to the Public Works Department during the tract map improvement plan review process) for review and approval. The following conditions shall be satisfied on on-going basis and shall be included in the CC&Rs created for the development:

a. The HOA shall be required to contract with a professional management firm to handle maintenance operations. Documentation of such contract shall be submitted to the City prior to Final Map approval.

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c. The HOA shall covenant and be responsible for the maintenance of all commonly-owned facilities which are not maintained by the public utility agency.

d. All parking spaces shall be used by residents/owners/tenants for parking of cars and not for storage, workshops, hobbies, or other uses which would interfere with the ability to park in the garage the number of cars for which the garage was designed to accommodate.

g. The HOA shall be responsible for the maintenance of all common areas in good conditions at all times. Landscaping shall be designed with an efficient irrigation system to reduce runoff and promote surface filtration and to minimize the use of fertilizers, herbicides, and pesticides which can contribute to urban runoff pollution. h. The HOA shall be responsible for litter control and sweeping of all paved surfaces

within the development. All private storm drain systems shall be cleaned immediately before the commencement of the rainy season (October 15).

i. All roof-mounted and other mechanical equipment shall be screened from view from the adjacent public rights-of-way. Satellite dishes are exempt from this condition as more particularly described under federal law.

j. No storage of household or other personal items, including bicycles, shall be permitted within the residential balconies with the exception of patio furniture, barbecue grills, house plants, etc., as permitted by the HOA.

k. A provision shall be included in the CC&Rs stating that the payment of the utility (e.g., water, energy) bills for all common facilities, including its maintenance, are the obligation of the HOA.

l. Each buyer shall sign an acknowledgment that he/she has read the constitution and bylaws of the HOA and the CC&Rs applying to the development.

m. The applicant shall provide a complete set of construction plans to the HOA at the time of its formation.

n. Rights of City. The CC&Rs shall include the following provision:

Notwithstanding anything to the contrary in this Declaration, no amendment which deals with any of the following matters shall be effective without the prior written consent of the Director of the City's Community Development Department: (a) Any amendment, the design or purpose of which is to eliminate an obligation of the HOA to maintain, manage and repair the common area or improvements thereon or to lower the standards for maintaining and repairing the common area and improvements; (b) Any amendment with regard to the fundamental purpose for which the project was created (for example, a change from a primarily residential use to a different use); and (c) Any amendment to sections (list applicable sections), each of which were required as a condition of approval for the project.

o. Enforcement by City. The CC&Rs shall include the following provision:

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within the regulatory powers of the City, the City has the right, but not any duty, to enforce the terms of this Declaration in the City's absolute discretion.Landscaping Requirements: 22. Utility Placement. The design team shall coordinate the placement of utilities to:

a. Locate and screen above-ground utilities (back flow preventers, irrigation controllers, gas/electric meters, cable boxes, transformers, etc.) from view.

b. Maximize the space available for trees where possible.

23. Mechanical Facilities/Appurtenances. All utility and fire appurtenances, backflow preventers, meters and risers shall be concealed or screened from view by materials of a design and composition compatible with the architectural treatment of the project. Proposed utility closets shall be sufficient in size to accommodate the necessary utilities. Screening elements and/or appropriate landscaping shall be provided for all ground-level mechanical/utility equipment and appurtenances.

24. Inclusion of Existing Trees in Plans. Demolition, Grading, Stormwater Treatment, Planting, Irrigation, and Lighting plans shall show existing trees, including their accurately represented trunks and canopies and delineated tree protection fencing.

25. Off-Site Trees. The health and well-being of off-site trees shall not be affected by construction activities. All off-site or neighboring trees in danger of damage from construction activities shall be protected per the City of Fremont standard details for Tree Protection, LSD-9 and (where approved) LSD-10. The applicant shall be responsible for any damage to neighboring trees, including decline. Tree protection fencing shall be shown on Civil, Architectural and Landscape plan sheets.

26. Street Trees. Stationing of street trees, irrigation water meters, and irrigation sleeves shall be included on the Plan and Profile sheets of the Civil plans.

27. Street Trees. All street trees shall be a minimum 24-inch box size with the final tree selection coordinated and approved by the City Landscape Architect. City of Fremont Standard Detail for street tree planting (LSD-2) shall be included in the plan set.

28. Tree Planting Clearances. All tree planting areas shall be free of all utility structures and other built features, consistent with the spacing requirements defined in Landscape Standard Details (LSDs) 5 and 6.

29. Trees in Bioretention Areas. For trees located in bioretention areas, detail LSD 30 shall be used illustrating the tree root ball planted on a native or re-compacted soil pedestal. 30. Site Furnishings. All site furniture, fixtures and special paving treatments shall be as

shown on Sheets Ft-28b, L-1.0 and L-2.0 or equivalent in design and quality, and shall be subject to review and approval by the Community Development Department.

31. Site Furnishings. The placement of trash receptacles, benches, bike racks, light bollards and other site furnishings shall be subject to further review through the building permit review process by the Community Development Department to ensure the placement and amount of site furnishings is adequate and compatible with the Downtown Community Plan and Design Guidelines (DCP).

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Community Development Department.

33. Landscape Construction Drawings: Detailed landscape construction documents shall be submitted for review and approval for consistency with the DCP during the building permit review process. The plans shall include: (1) paving materials and textures of walkways and paved pedestrian areas and special vehicular paving; (2) lighting of walkways and pedestrian areas with low intensity non-glare type fixtures; (3) design and detail for plazas and open space, including all landscape features and site furniture; and (4) landscape planting and irrigation.

34. Friendly Practices. Landscape shall be designed to meet all nine of the nine Bay-Friendly Basic Practices, and maintained to eliminate the use of fertilizers, herbicides and pesticides. Landscape irrigation shall be designed with an efficient irrigation system to eliminate runoff and overspray and to promote surface infiltration.

35. Off-Site Repairs. Adjacent landscape areas disturbed by construction of the project shall be repaired and replaced.

Requirements to be Completed Prior to Request for Final Inspection

1. Project Engineer Final Certification. Upon completion of grading, the project engineer that prepared the final approved grading plan shall submit to the City a statement that the as-built grading conditions do not deviate from the approved plan by more than one foot of vertical elevation, subject to review and approval by the Public Works Department prior to the issuance of occupancy permits for each structure.

2. Project Architect Final Certification. Upon completion of construction, the project architect shall submit a letter to the City certifying that the building has been constructed in conformance with the approved architectural plans, subject to review and approval by the Community Development Department.

3. Project Landscape Architect Final Certification. Upon completion of all landscape work, the project landscape architect shall submit a letter to the Public Works Department certifying that the on-site and streetscape landscaping have been constructed in conformance with the approved landscape and irrigation plan, subject to review and approval by the City Landscape Architect.

END OF CONDITIONS

SUBDIVIDER, PLEASE NOTE:

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