Dublin City Council
September 3, 2024

September 03, 2024 Dublin City Council Regular Meeting Agenda 1

COUNCILMEMBERS City Council Chamber
Michael McCorriston, Mayor Dublin Civic Center
Dr. Sherry Hu, Vice Mayor 100 Civic Plaza
Jean Josey, Councilmember Dublin, CA 94568
Kashef Qaadri, Councilmember www.dublin.ca.gov
Janine Thalblum, Councilmember

Regular Meeting of the

DUBLIN CITY COUNCIL

Tuesday, September 3, 2024 Location: City Council Chamber 100 Civic Plaza
Dublin, CA 94568

CLOSED SESSION 6:30 PM
REGULAR MEETING 7:00 PM

Additional Meeting Procedures

This City Council meeting will be broadcast live on Comcast T.V. channel 28 beginning at 7:00 p.m. This meeting will also be livestreamed at www.tv30.org and on the City’s website at: https://dublin.ca.gov/ccmeetings

For the convenience of the City and as a courtesy to the public, members of the public who wish to offer comments electronically have the option of giving public comment via Zoom, subject to the following procedures:

□ Fill out an online speaker slip available at www.dublin.ca.gov. The speaker slip will be made available at 10:00 a.m. on Tuesday, September 3, 2024. Upon submission, you will receive Zoom link information from the City Clerk.

Speakers slips will be accepted until the staff presentation ends, or until the public comment period on non-agenda items is closed.

□ Once connected to the Zoom platform using the Zoom link information from the City Clerk, the public speaker will be added to the Zoom webinar as an attendee and muted. The speaker will be able to observe the meeting from the Zoom platform.

□ When the agenda item upon which the individual would like to comment is addressed, the City Clerk will announce the speaker in the meeting when it is their time to give public comment. The speaker will then be unmuted to give public comment via Zoom.
1 September 03, 2024 Dublin City Council Regular Meeting Agenda 2

□ Technical difficulties may occur that make the option unavailable, and, in such event, the meeting will continue despite the inability to provide the option.

CLOSED SESSION 6:30 PM

I. CONFERENCE WITH LABOR NEGOTIATORS
Agency Designated Representatives: Councilmembers Josey and Qaadri Unrepresented Employee: City Manager

REGULAR MEETING 7:00 PM

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. REPORT ON CLOSED SESSION

3. PRESENTATIONS AND PROCLAMATIONS

3.1 Presentation of the Constitution Week Proclamation
The City Council will present the Constitution Week Proclamation to the Daughters of the American Revolution.

STAFF RECOMMENDATION:

Present the Proclamation.

Staff Report
Attachment 1 - Constitution Week Proclamation

3.2 Preview of Splatter 2024
The City Council will receive a presentation previewing Splatter 2024, taking place September 14, 2024, at Emerald Glen Park.

STAFF RECOMMENDATION:

Receive the presentation.

Staff Report
Item 3.2 - PowerPoint Presentation

4. PUBLIC COMMENT
At this time, the public is permitted to address the City Council on non-agendized items.

Please step to the podium and clearly state your name for the record. COMMENTS SHOULD NOT EXCEED THREE (3) MINUTES. In accordance with State Law, no action or discussion may take place on any item not appearing on the posted agenda. The Council may respond to statements made or questions asked, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the City Clerk’s Office related to the proper procedure to place an item on a future City Council agenda. The exceptions under which the City Council MAY discuss and/or take action on items not appearing on the agenda are contained in Government Code Section 54954.2(b)(1)(2)(3).
2 September 03, 2024 Dublin City Council Regular Meeting Agenda 3

5. CONSENT CALENDAR
Consent Calendar items are typically non-controversial in nature and are considered for approval by the City Council with one single action. Members of the audience, Staff or the City Council who would like an item removed from the Consent Calendar for purposes of public input may request the Mayor to remove the item.

5.1 Approval of the August 20, 2024 Regular City Council Meeting Minutes The City Council will consider approval of the minutes of the August 20, 2024 Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the August 20, 2024 Regular City Council Meeting.

Staff Report
Attachment 1 - August 20, 2024 Regular City Council Meeting Minutes

5.2 Agreement for Long Term Encroachment with 6797 Pearl Place The City Council will consider approving an Agreement for Long Term Encroachment for Landscape Features with 6797 Pearl Place.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features With 6797 Pearl Place.

Staff Report
Attachment 1 - Resolution Approving the Agreement for Long Term Encroachment for Landscape Features With 6797 Pearl Place
Attachment 2 - Exhibit A to the Resolution - Agreement for Long Term Encroachment for Landscape Features with 6797 Pearl Place

5.3 Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control) and Ordinance Amending Dublin Municipal Code Chapter

7.29 (Management of PCBs During Building Demolition Projects) The City Council will consider adopting an ordinance revising Dublin Municipal Code Chapter 7.74 to align with new mandates in the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP) issued by the San Francisco Bay Regional Water Quality Control Board. The City Council will also consider adopting an ordinance revising Dublin Municipal Code Chapter 7.29 to align with new mandates in the MRP related to enhanced best management practices required during complete building demolition of applicable structures. The City Council waived the first readings and introduced the ordinances at the meeting on August 20, 2024. The City Council is now being asked to waive the second readings and adopt the ordinances.

STAFF RECOMMENDATION:

Take the following actions: 1) Waive the second reading and adopt the Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control); and 2) Waive the second reading and adopt the Ordinance Amending Dublin Municipal Code Chapter 7.29 (Management of PCBs During Building Demolition Projects).

Staff Report
3 September 03, 2024 Dublin City Council Regular Meeting Agenda 4

Attachment 1 - Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control)
Attachment 2 - Exhibit A to the Ordinance - Chapter 7.74 (Stormwater Management and Discharge Control) - Clean Version
Attachment 3 - Ordinance Amending Dublin Municipal Code Chapter 7.29 (Management of PCBs During Building Demolition Projects)
Attachment 4 - Exhibit A to the Ordinance - Chapter 7.29 (Management of PCBs During Building Demolition Projects) - Redline Version

6. PUBLIC HEARING

6.1 Adding a Low Carbon Concrete Requirement to the City’s Green Building Code in Coordination with the City’s Climate Action Plan
The City Council will consider introducing an ordinance amending the City’s Green Building Code to add a requirement for the use of low carbon concrete and adopting a related resolution. The low carbon concrete requirements are in alignment with the City of Dublin Climate Action Plan 2030 and Beyond, Measure MM-2, Reduce the Embodied Greenhouse Gas Emissions Associated with Building Materials.

STAFF RECOMMENDATION:

Take the following actions: 1) adopt the Resolution Approving Findings Regarding the Need for Local Amendments to Provisions in the California Building Standards Code as Adopted by the City; and 2) INTRODUCE the Ordinance Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete).

Staff Report
Attachment 1 - Resolution Approving Findings Regarding the Need for Local Amendments to Provisions in the California Green Building Standards Code as Adopted by the City Attachment 2 - Exhibit A to the Resolution - California Green Building Standards Code Findings
Attachment 3 - Ordinance Approving Amendments to the Dublin Municipal Code Chapter

7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section

7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete) Attachment 4 - Underline Version of the Proposed Amendments to Chapter 7.94 of the Dublin Municipal Code
Item 6.1 - PowerPoint Presentation

7. UNFINISHED BUSINESS

7.1 Two-Year Strategic Plan Update and Final Report for Fiscal Years 2022-23 and 2023- 24 The City Council will receive an update and final report on the City’s Two-Year Strategic Plan for Fiscal Years 2022-23 and 2023-24.

STAFF RECOMMENDATION:

Receive the report and presentation.

Staff Report
Attachment 1 - Two-Year Strategic Plan Update and Final Report 4 September 03, 2024 Dublin City Council Regular Meeting Agenda 5

Attachment 2 - September 19, 2023 City Council Staff Report (without attachments) Item 7.1 - PowerPoint Presentation

7.2 Dublin Commons Affordable Housing Proposal
The City Council will review the Dublin Commons Affordable Housing proposal for the future development of the site.

STAFF RECOMMENDATION:

Review and provide direction on the Dublin Commons Affordable Housing proposal.

Staff Report
Attachment 1 - Dublin Commons Site Plan
Attachment 2 - August 20, 2024 City Council Staff Report (without attachments) Attachment 3 - Housing Element Downtown Site Map
Item 7.2 - PowerPoint Presentation

8. NEW BUSINESS

8.1 Amendments to the First-Time Homebuyer Loan Program Guidelines The City Council will consider amendments to the First Time Homebuyer Loan Program Guidelines. The proposed changes are intended to increase the use of the program and to ensure it is compatible with other loan programs. The proposed changes include: 1) lowering the interest rate to 3 percent; 2) lowering the required minimum down payment to 3 percent; 3)increasing the maximum loan amount to 20 percent of the purchase price for below market rate and market rate units and increasing the not-to-exceed loan amount to $100,000; 4) allowing subordination of the City’s lienholder position when other government homebuyer assistance programs are utilized in conjunction with a City loan; and 5) making other minor edits and clarifications to the text of the program.

STAFF RECOMMENDATION:

Adopt the Resolution Amending the First Time Homebuyer Loan Program Guidelines, and approve the budget change.

Staff Report
Attachment 1 - Resolution Approving Amendments to the First Time Homebuyers Loan Program Guidelines
Attachment 2 - Exhibit A to the Resolution - First Time Homebuyers Loan Program Guidelines
Attachment 3 - Redline Version of Amendments to the First Time Homebuyer Loan Program Guidelines
Attachment 4 - Budget Change

8.1 - PowerPoint Presentation

9. CITY MANAGER AND CITY COUNCIL REPORTS
Brief information only reports from City Council and/or Staff, including committee reports and reports by City Council related to meetings attended at City expense (AB1234).

10. ADJOURNMENT

This AGENDA is posted in accordance with Government Code Section 54954.2(a) 5 September 03, 2024 Dublin City Council Regular Meeting Agenda 6

If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132) (ADA), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. Upon receiving a request, the City will swiftly resolve requests for reasonable accommodation for individuals with disabilities, consistent with the federal ADA, and resolve any doubt in favor of accessibility.

Agenda materials that become available within 72 hours in advance of the meeting, and after publishing of the agenda, will be available at Civic Center, 100 Civic Plaza, and will be posted on the City’s website at www.dublin.ca.gov/ccmeetings .

Mission

The City of Dublin promotes and supports a high quality of life, ensures a safe, secure, and sustainable environment, fosters new opportunities, and champions a culture of equity, diversity, and inclusion.

6 STAFF REPORT

CITY COUNCIL

Agenda Item 3.1
DATE: September 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Presentation of the Constitution Week Proclamation Prepared by: Marissa Clevenger, Administrative Technician EXECUTIVE SUMMARY:

The City Council will present the Constitution Week Proclamation to the Daughters of the American Revolution.

STAFF RECOMMENDATION:

Present the Proclamation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

Constitution Week commemorates one of America’s most important founding documents. It is celebrated annually during the week of September 17-23.

The aims of the Constitution Week celebration are to:
 Emphasize citizens’ responsibilities to protect and defend the Constitution.  Inform people that the Constitution is the basis for America’s great heritage and the foundation for our way of life.
 Encourage the study of the historical events which led to the framing of the Constitution in September 1787.

STRATEGIC PLAN INITIATIVE:

None.
7

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Constitution Week Proclamation
8 Attachment 1

A PROCLAMATION OF THE CITY COUNCIL

CITY OF DUBLIN, CALIFORNIA
“Constitution Week”
September 17 - 23, 2024
WHEREAS, September 17, 2024 marks the 237th anniversary of the signing of the Constitution of the United States of America by delegates of the Constitutional Convention; and
WHEREAS, it is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and
WHEREAS, the National Society of the Daughters of the American Revolution (NSDAR) upholds the goals of Constitution Week, supporting Dublin libraries, schools, and civic organizations in teaching all citizens, especially youth and newly naturalized citizens, about our founding documents; and WHEREAS, the local Jose Maria Amador NSDAR chapter runs an annual Constitution Week Poster Contest to raise awareness and inspire Dublin’s citizens; and
WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby proclaim September 17, 2024 through September 23, 2024, as Constitution Week in the City of Dublin, and encourages its citizens to reaffirm the ideals that the framers of the Constitution had in 1787 by vigilantly protecting the freedom guaranteed through this guardian of liberties, and remembering that lost rights may never be regained.

DATED: September 3, 2024

Mayor Michael McCorriston Vice Mayor Sherry Hu
_______ __________________
Councilmember Jean Josey Councilmember Kashef Qaadri Councilmember Janine Thalblum 9 STAFF REPORT

CITY COUNCIL

Agenda Item 3.2
DATE: September 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Preview of Splatter 2024
Prepared by: Lauren Marriott, Recreation Coordinator
EXECUTIVE SUMMARY:

The City Council will receive a presentation previewing Splatter 2024, taking place September 14, 2024, at Emerald Glen Park.

STAFF RECOMMENDATION:

Receive the presentation.

FINANCIAL IMPACT:

Funding for Splatter is included in the City’s annual operating budget. Expenditures are budgeted at $164,840 and include entertainment and talent, equipment rentals, contracted services like sound and lighting, and the grand finale drone show. Revenue generation is estimated at $35,725, coming primarily from sponsorships, vendor booth fees, and a carnival commission.

DESCRIPTION:

Splatter, Dublin’s annual end-of-summer festival, will take place on Saturday, September 14, 2024, at Emerald Glen Park. This year's event will continue celebrating music, food, art, and culture, with an emphasis on community performances showcasing a spectrum of cultural expressions. This report provides a summary of planned activities and offerings.

Entertainment
Splatter’s entertainment will feature live performances across three distinct stages, complemented by dynamic roaming acts dispersed throughout the event premises. The Amphitheater Stage will serve as a platform for an assorted lineup of multicultural presentations, and on the Side Yard Stage, the community's artistic talents in music, dance, and poetry will be showcased. Multicultural highlights include a Bollywood act, a Kung Fu demonstration, and performances by Mexican, Indian, Chinese, Polynesian, and Scottish dance groups. 10

During the daytime, the Main Stage will host several musical acts including the Twist on Taylor, a Taylor Swift tribute band. As night falls, this stage will transform into the heart of a "community dance party" headlined by Mustache Harbor, a quirky yacht rock band.

Food, Beverage, and Shopping
Food and retail vendors will provide an array of dishes and goods originating from and representative of different regions of the world. In addition, the Rotary Club of Dublin will curate a selection of local craft beer and wines sourced from the Livermore Valley, further enriching the dining experience.

The Rose Lounge: VIP Experience
From 5:00 pm to 8:30 pm, the Rose Lounge will provide attendees with the ultimate VIP experience. This velvet-roped lounge, situated near the corner of Gleason and Tassajara, will feature interactive food stations, elevated wine and beer tastings, unique roaming entertainment, a private dance floor, and a front row seat to the 250-drone light show. Promotion of the Rose Lounge is integral to the event marketing strategy, and includes press releases, social media campaigns, printed flyers, and features on the City’s website. Staff is conducting additional targeted outreach to local community leaders, business owners, and non-profit organizations to further enhance visibility and engagement. Tickets are $75.

The Arts
Throughout the event area, Splatter will continue honoring the arts, offering an array of activities suitable for all attendees. In collaboration with the Dublin Arts Collective, an art exhibition titled "The High Life" will once again return to The Wave waterpark and will feature an assemblage of fine artworks crafted by artists from local high schools.

Special Event App
Showcasing Dublin's ongoing commitment to enhancing public communication and minimizing waste, the Parks and Community Services Department will continue with the utilization of the special event application, “DublinCaEvent.” This app, downloadable on both Apple and Android devices, is a comprehensive hub for event information. It will include festival maps, sponsor and vendor directories, parking and transportation details, schedules, and entertainment lineups.

Beyond just putting festival details at attendees' disposal, this app also supports environmental conservation by eliminating the need for paper programs.

Grand Finale
The night will conclude with a customized spectacle of 250 drones illuminating the sky in harmony with Mustache Harbor’sencore medley. Due to private development commencing in the previous launch location, the drones will be launched from a new location on the west end of Emerald Glen Park.

STRATEGIC PLAN INITIATIVE:

None.
11

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:

None.
12 Splatter 2024 Preview
City Council Meeting
September 3, 2024
13 Event Details
• Saturday, September 14, 2024 –Emerald Glen Park
• Time: 12:00 p.m. – 8:30 p.m.
• Day Time – Family Friendly Events & Entertainment
• Late Afternoon/Evening – Rose Lounge VIP Experience,
Headlining Entertainers & Grand Finale: Drone Show
14 Splatter 2024
• Three Stages of Entertainment
– Main Stage
• Headliners & Grand Finale
– Amphitheater Stage
• Multicultural Performances
– Side Yard Stage
• Local Acoustic Musicians & Performers
• Roaming Entertainment
15 Splatter Continued
• Over 30 Unique Food Vendors
• Arts & Crafts World Market
• Carnival & More
• Interactive Arts & Crafts
• “High Life” – Art Gallery featuring
Local Highschool Students
16 The Rose Lounge VIP Experience
• 5:00 p.m. - 8:30 p.m.
• Interactive Food Stations
• Private Dance Floor
• Sommelier Led Wine & Beer
Tastings
• Front Row Experience for
Main Stage and Drone Show
17 Headlining Entertainment
T wist on Taylor & Mustache Harbor
18 Grand Finale Drone Show
19 Thank Y ou!
20 STAFF REPORT

CITY COUNCIL

Agenda Item 5.1
EXECUTIVE SUMMARY:

The City Council will consider approval of the minutes of the August 20, 2024, Regular City Council Meeting.

STAFF RECOMMENDATION:

Approve the minutes of the August 20, 2024, Regular City Council Meeting.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council will consider approval of the minutes of the August 20, 2024, Regular City Council Meeting.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) August 20, 2024 Regular City Council Meeting Minutes DATE: September 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Approval of August 20, 2024 Regular City Council Meeting Minutes Prepared by: Marsha Moore, MMC, City Clerk
21 MINUTES OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
Regular Meeting: August 20, 2024

DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 20, 2024
The following are minutes of the actions taken by the City of Dublin City Council. A full video recording of the meeting with the agenda items indexed and time stamped is available on the City’s website at:https://dublin.ca.gov/ccmeetings
CLOSED SESSION 6:02 PM
I. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: In re: National Prescription Opiate Litigation, Case Nos. 1:20-op- 45255 and 1:17-md-2804 (N.D. Ohio)
II. PUBLIC EMPLOYEE APPOINTMENT
Title: City Manager
III. CONFERENCE WITH LEGAL COUNSEL— EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: Save Mt. Diablo et al. v. City of Dublin et al., Alameda County Superior Court Case No. 24CV086734
IV. CONFERENCE WITH LEGAL COUNSEL— ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9:1 case.

Letter from Jason Holder, dated August 13, 2024
V. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
Property: Portion of Assessor’s Parcel No. 986-0028-001-00 adjacent to Tassajara Road
Agency Negotiator: Linda Smith, City Manager
Negotiating Parties: Javid Roshan/Zarmina Mayar
Under Negotiation: Price and terms of payment
REGULAR MEETING 7:00 PM
A Regular Meeting of the Dublin City Council was held on Tuesday, August 20, 2024, in the City Council Chamber. The meeting was called to order at 7:00 PM, by Mayor McCorriston.

Attachment 1
22 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 20, 2024
1) CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Attendee Name Status
Michael McCorriston, Mayor Present
Dr. Sherry Hu, Vice Mayor Present
Jean Josey, Councilmember Present
Kashef Qaadri, Councilmember Present
Janine Thalblum, Councilmember Present
2) REPORT ON CLOSED SESSION
City Attorney John Bakker reported the City Council appointed Colleen Tribby as the next City Manager subject to the negotiation of a contact and after the contract is negotiated it will be placed on a future agenda for City Council approval.

City Attorney John Bakker also reported that the City Council approved a settlement agreement in the National Prescription Opiate Litigation with the Kroger companies and the settlement agreement will be executed soon.
3) PRESENTATIONS AND PROCLAMATIONS

3.1) Update on the Alameda County Sheriff’s Office Oversight Committee The City Council received an update on the efforts regarding the Alameda County Sheriff’s Office Oversight Committee.

3.2) American Muslim Appreciation and Awareness Month Proclamation The City Council presented the American Muslim Appreciation and Awareness Month proclamation.

3.3) Employee Introduction
New City of Dublin Staff member, Adrian Fernandez, Code Enforcement Officer with the Community Development Department, was introduced.
4) PUBLIC COMMENT
Mike Grant provided public comment.

Paul Pendley provided public comment.

Antoinette Duerr provided public comment.
23 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 20, 2024
Cheryl Robinson provided public comment.

Charles Henze provided public comment.

Krish Nandola provided public comment.
5) CONSENT CALENDAR

5.1) Approved the July 16, 2024 Regular City Council Meeting Minutes.

5.3) Adopted Resolution No. 87-24 titled, “Accepting the Fallon Sports Park – Phase 3, CIP No. PK0119.”

5.4) Waived the second reading and adopted Ordinance No. 05-24 titled, “Amending the Zoning Map and Approving Amendments to the Planned Development Zoning Stage 1 Development Plan Ordinance No. 32-05 and a Stage 2 Development Plan for the 13.7- Acres of Medium-High Density Residential for the Dublin Fallon 580 Project,” and waived the second reading and adopted Ordinance No. 06-24 titled, “Approving a Development Agreement Between the City of Dublin and GH PacVest, LLC Related to the Dublin Fallon 580 Project.”

5.5) Adopted Resolution No. 88-24 titled, “Approving the Allocation of CDBG Funding for the Tri-Valley Haven Shelter Rebuild and Expansion Project.”

5.6) Adopted Resolution No. 89-24 titled, “Determining No Responsive Bids Were Received for the Camp Parks Sign and Guard Shack Project, CIP No. PA0121,” and authorized Staff to negotiate a suitable contract for the project in accordance with Public Contract Code Sections 20166.

5.7) Received notification of the City Engineer’s pending approval of the Final Map for Tract 8647, Francis Ranch and adopted Resolution No. 90-24 titled, “Approving the Agreement for Long Term Encroachment for Landscape Features with Tract 8647, Francis Ranch.”

5.8) Confirmed the Mayor’s appointment of Wahida Rashid to the Planning Commission for the remainder of a term ending December 2026.

5.9) Waived the reading and introduced the Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control) and waived the reading and introduced the Ordinance Amending Dublin Municipal Code Chapter

7.29 (Management of PCBs During Building Demolition Projects).

5.10) Received the City Treasurer’s Informational Report of Investments for the Quarter Ending June 30, 2024.
24 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 20, 2024

5.11) Adopted Resolution No. 91-24 titled, “Approving the Agreement with Consiliant Technologies, LLC for Software and Equipment Maintenance for Situational Awareness Cameras.”

5.12) Approved the First Amendment to the Agreement for Legal Services with Redwood Public Law, LLP and appointed Camilla Getz as the Assistant City Attorney.

5.13) Received a report of payments issued from July 1, 2024 - July 31, 2024, totaling $14,629,153.59.

5.14) Adopted Resolution No. 92-24 titled, “Approving the Agreement for Long Term Encroachment for Landscape Features with Homeowners Association for Parcel A of Tract 4236,” and Resolution No. 93-24 titled, “Approving the First Amendment to the Agreement for Long Term Encroachment for Landscape Features, Stormwater Detention, Stormwater Outfall and Mitigation Plantings Within Tract 8133, Tassajara Highlands.”

5.15) Adopted Resolution No. 94-24, “Accepting the Civic Center Rehabilitation Project, CIP No. GI0122.”
On a motion by Councilmember Josey, seconded by Councilmember Qaadri, and by unanimous vote, the City Council adopted the Consent Calendar, except for item 5.2.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Kashef Qaadri, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri, Thalblum

5.2) Appointments to the City Council 2024 Ad-Hoc Audit Review Committee This item was pulled from the consent calendar by Councilmember Josey for further discussion.

Councilmember Josey requested to not be appointed to the 2024 Ad-Hoc Committee and suggested Councilmember Thalblum be appointed instead.

On a motion by Councilmember Josey and seconded by Councilmember Qaadri, and by unanimous vote, the City Council confirmed Mayor McCorriston and Councilmember Thalblum as the 2024 Ad-Hoc Audit Review Committee.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Kashef Qaadri, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri, Thalblum
25 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 20, 2024
6) PUBLIC HEARING

6.1) Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5868 Tassajara Road (Alameda County APN 986-28-2) and a Temporary Construction Easement for the Construction of the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119
The City Council received a presentation on the Acquisition of a Portion of Certain Real Property Located at 5856 Tassajara Road, Dublin, CA (Alameda County APN 986-28-2) and the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119.

Mayor McCorriston opened the Public Hearing.

Upon receiving no public comment, Mayor McCorriston closed the Public Hearing.

On a motion by Councilmember Qaadri, seconded by Councilmember Thalblum, and by unanimous vote, the City Council adopted Resolution No. 95-24 titled, “Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5856 Tassajara Road, Dublin, CA (Alameda County APN 986-28-2) and a Temporary Construction Easement for the Construction of the Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119.” RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Janine Thalblum, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri, Thalblum

6.2) Dublin Place North Appeal (PLPA-004017-2024)
The City Council received a presentation regarding the appeal of the July 23, 2024, Planning Commission’s denial of the proposed Dublin Place North project Site Development Review permit application.

Mayor McCorriston opened the Public Hearing.

The applicant and appellant, Hines Interests Limited Partnership made a presentation.

Matthew Aini provided public comment.

Mayor McCorriston closed the Public Hearing.

The City Council continued item 6.2 to later in the meeting. 26 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 20, 2024
7) UNFINISHED BUSINESS

7.1) Consent of Assignment of Amador Valley Industries, LLC to Livermore Sanitation, Inc. (a Waste Connections company) and Amended and Restated Collection Service Agreement
The City Council received a presentation regarding the consent of assignment of the collection services agreement with Amador Valley Industries, LLC to Livermore Sanitation, Inc. and a new Amended and Restated Collection Service Agreement.

Mayor McCorriston opened the public comment period.

Upon receiving no public comment, Mayor McCorriston closed the public comment period.

On a motion by Vice Mayor Hu, seconded by Councilmember Josey, and by unanimous vote, the City Council adopted Resolution No. 97-24 titled, “Approving the Assignment of Amador Valley Industries, LLC Stock and Other Interests to Livermore Sanitation, Inc.,” and authorized the City Manager to execute a consent to assignment and a new Amended and Restated Collection Service Agreement consistent with the foregoing Resolution.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Dr. Sherry Hu, Vice Mayor
SECOND: Jean Josey, Councilmember
AYES: McCorriston, Josey, Hu, Qaadri, Thalblum
Mayor McCorriston called for a break at 10:30 PM.

Mayor McCorriston reconvened the meeting at 10:40 PM.

6.2) Dublin Place North Appeal (PLPA-004017-2024)
The City Council continued the agenda item.

On a motion by Councilmember Qaadri, seconded by Councilmember Thalblum, and by a 4- to-1 roll call vote, the City Council adopted Resolution No. 96-24 titled, “Reversing the Planning Commission’s Denial and Approving a Site Development Review Permit for the Demolition of Two Commercial Buildings and Construction of a 33,125-Square-Foot Commercial Building and Associated Site Improvements for the Dublin Place North Project,” as amended to add Conditions 178-184 subject to review and approval by the Community Development Director. The conditions are: 1) add vertical relief on the roofline at the north portion of the building to provide distinct corner tenant identity; 2) break up the horizontal canopy at the building columns, where possible and appropriate; 3) provide color variation within the color scheme, where appropriate, on the final demising plan; 4) provide front door variation for enhanced tenant expression; 5) approach PetSmart regarding wrapping 27 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 20, 2024
public art around the southwest corner, and add additional landscaping to soften the appearance of the west façade; 6) upon completion of the demolition and site preparation, ensure Block H1 is screened with construction fencing and decorative wrap for the downtown; and 7) ensure that outdoor furnishings (i.e. lighting, trash cans, tables, and chairs, etc.) and landscaping is consistent with the Dublin Commons project to create a cohesive identity across the two projects.

RESULT: ADOPTED [4-to-1]
MOVED BY: Kashef Qaadri, Councilmember
SECOND: Janine Thalblum, Councilmember
AYES: McCorriston, Josey, Qaadri, Thalblum
NOES: Hu
8) NEW BUSINESS

8.1) Designation of Voting Delegates for the 2024 National League of Cities City Summit
The City Council discussed the appointment of the City’s voting delegate and alternates for the 2024 National League of Cities City Summit.

On a motion by Councilmember Josey and seconded by Mayor McCorriston, and by unanimous vote, the City Council designated Councilmember Qaadri as the voting delegate and Councilmember Josey as the alternate.

RESULT: ADOPTED [UNANIMOUS]
MOVED BY: Jean Josey, Councilmember
SECOND: Michael McCorriston, Mayor
AYES: McCorriston, Josey, Hu, Qaadri, Thalblum

8.2) Proposed Framework for Dublin Commons Development Agreement The City Council received a presentation on the proposed framework for the Dublin Commons Development Agreement for the future development on the site.

Shirley Lewandowski provided public comment.

Marlene Massetti provided public comment.

Tom Evans provided public comment.

Brandon Evans provided public comment.
28 DUBLIN CITY COUNCIL MINUTES

REGULAR MEETING
AUGUST 20, 2024
John Dalrymple provided public comment.

Greg Bonato provided public comment.

Gary Bonetti provided public comment.

Matthew Aini provided public comment.

By consensus, the City Council directed Staff to look into included affordable housing units within the apartment buildings and not in one building alone. 9) CITY MANAGER AND CITY COUNCIL REPORTS
The City Council and Staff provided brief information-only reports, including committee reports and reports related to meetings attended at City expense (AB1234). 10) ADJOURNMENT
Mayor McCorriston adjourned the meeting at 12:21 AM.

Mayor
ATTEST:

City Clerk
29 STAFF REPORT

CITY COUNCIL

Agenda Item 5.2
DATE: September 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Agreement for Long Term Encroachment with 6797 Pearl Place Prepared by: Gabrielle Abdon, Associate Civil Engineer
EXECUTIVE SUMMARY:

The City Council will consider approving an Agreement for Long Term Encroachment for Landscape Features With 6797 Pearl Place.

STAFF RECOMMENDATION:

Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape Features With 6797 Pearl Place.

FINANCIAL IMPACT:

There is no impact to the General Fund. All costs associated with the agreements are borne by the property owners.

DESCRIPTION:

The homeowner of 6797 Pearl Place constructed a retaining wall along the front of their property known as Lot 140 of Tract 4719, Assessor’s Parcel Number 941-2769-047-00. The retaining wall is located within the public street rights-of-way of Pearl Place and Turquoise Street. The property owner is agreeable to own and maintain the retaining wall located within the right-of-way. The proposed Agreement for Long Term Encroachment for Landscape Features provides for the property owner to maintain these features within the public street right-of-way (Attachment 2).

STRATEGIC PLAN INITIATIVE:

None.
30

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features With 6797 Pearl Place
2) Exhibit A to the Resolution - Agreement for Long Term Encroachment for Landscape Features with 6797 Pearl Place
31 Attachment 1
Reso. No. XX-24, Item X.X, Adopted 09/03/2024 Page 1 of 1 RESOLUTION NO. XX – 24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITH 6797 PEARL PLACE
WHEREAS, the property owner of Lot 140 of Tract 4719, Assessor’s Parcel Number 941- 2769-047-00, applied for a building permit, BLDR-2022-00349, to install a retaining wall on Lot 140 with an encroachment within the public street rights-of-way of Pearl Place and Turquoise Street; and
WHEREAS, the City issued BLDR-2022-00349 to the property owner and their contractor; and
WHEREAS, the property owner, Sriram & Surepeddi Srilakshmi A. Govindarajan, and the City desire to enter into an Agreement for Long Term Encroachment for Landscape Features to provide for the property owner to own and maintain the encroaching features; and WHEREAS, the property owner has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features with 6797 Pearl Place, attached hereto as Exhibit A, which will be recorded against the property.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement for Long Term Encroachment for Landscape Features with 6797 Pearl Place, attached hereto as Exhibit A to this Resolution.

BE IT FURTHER RESOLVEDthat the City Manager, or designee, is authorized to execute Exhibit A and make any necessary, non-substantive changes to Exhibit A to carry out the intent of this Resolution.

PASSED, APPROVED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________________
Mayor
ATTEST:
____________________________________
City Clerk
32 Attachment 2
33 34
35 36
37 Exhibit A
Scope of Improvements
Excerpts from
BLDR-2022-00349
Location of Work:
6797 Pearl Place
APN: 941-2769-047-00
38 39
40 STAFF REPORT

CITY COUNCIL

Agenda Item 5.3
DATE: September 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control) and Ordinance Amending Dublin Municipal Code Chapter 7.29 (Management of PCBs During Building Demolition Projects)
Prepared by: Shannan Young, Environmental & Sustainability Manager EXECUTIVE SUMMARY:

The City Council will consider adopting an ordinance revising Dublin Municipal Code Chapter 7.74 to align with new mandates in the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP) issued by the San Francisco Bay Regional Water Quality Control Board. The City Council will also consider adopting an ordinance revising Dublin Municipal Code Chapter 7.29 to align with new mandates in the MRP related to enhanced best management practices required during complete building demolition of applicable structures. The City Council waived the first readings and introduced the ordinances at the meeting on August 20, 2024. The City Council is now being asked to waive the second readings and adopt the ordinances.

STAFF RECOMMENDATION:

Take the following actions: 1) Waive the second reading and adopt the Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control); and 2) Waive the second reading and adopt the Ordinance Amending Dublin Municipal Code Chapter 7.29 (Management of PCBs During Building Demolition Projects).

FINANCIAL IMPACT:

Sufficient funds are included in the Fiscal Year 2024-25 and 2025-26 budgets to cover implementation of the requirements in the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit.

DESCRIPTION:

The City of Dublin is a member of the Alameda Countywide Clean Water Program and a co- 41

permittee of the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (MRP). The MRP is issued by the California Regional Water Quality Control Board, San Francisco Bay Region, approximately every five years and imposes requirements intended to minimize impairments to local creeks and to the San Francisco Bay. The MRP evolved from 1987 amendments to the Federal Clean Water Act, as implemented by Environmental Protection Agency regulations adopted in 1990.

In response to the amendments to the Federal Clean Water Act and to Order No. 91-146 issued by the by California Regional Water Quality Control Board, San Francisco Bay Region, the City Council adopted Ordinance No. 9-92 on June 8, 1992, which added Chapter 7.74, Stormwater Management and Discharge Control, to the Municipal Code. Since then, requirements mandated in the MRP have expanded and evolved. The proposed Ordinances include revisions to both Chapter 7.74 and Chapter 7.29 of the Municipal Code to conform with current mandates in the MRP. The proposed Ordinances are consistent with a model ordinance developed by the Alameda Countywide Clean Water Program.

Chapter 7.74 Stormwater Management and Discharge Control The proposed Ordinance will modify Chapter 7.74 by: repealing Articles I through IV; replacing those as Articles I, II, IV, and V; adding a new Article III; and renumbering current Articles V and VI as Articles VI and VII. The proposed revisions to Chapter 7.74 are summarized below:
 Adds and updates definitions and references to conform with the MRP and applicable federal and state regulations.
 Updates requirements for implementation of best management practices to prevent wastes and pollutants from entering the municipal storm drain system.  Updates site management requirements pertaining to public and private construction sites and activities, clarifying obligations to implement effective erosion control, run-on and run- off control, sediment control, active treatment systems (as appropriate), good site management, and non-stormwater management through all phases of construction.  Updates development and design requirements pertaining to new and redevelopment projects, clarifying obligations to implement source control, site design, stormwater treatment measures, and hydromodification management measures (as applicable); as well as obligations for applicable projects to enter into maintenance agreements for the perpetual maintenance of these stormwater facilities.
 Adds trash load control measures and actions to reduce trash impacts on the municipal storm drain system and waterways, including those from illicit discharges, illegal dumping, existing development, new development, and redevelopment.  Updates provisions related to inspection, progressive enforcement, and penalties for stormwater violations.

The Ordinance includes a new article titled Stormwater Quality Management for Development.

The article includes sections related to construction activities, development and redevelopment requirements, trash reduction requirements, and stormwater management maintenance 42

agreements. Adding this new article results in renumbering existing Articles III, IV, V, and VI, to Articles IV, V, VI, and VII, respectively.

Other than renumbering, the existing Article V, Dublin Ranch East Side Storm Drain Benefit District and existing Article VI, Dublin Ranch West Side Storm Drain Benefit District, to be Article VI and Article VII respectively, the proposed ordinance does not materially change these articles.

On August 20, 20204, the City Council waived the first reading and introduced the Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control).

The City Council is being asked to waive the second reading and adopt the Ordinance.

Chapter 7.29 Management of PCBs During Building Demolition Projects Provision C.12 of the MRP, Polychlorinated Biphenyls (PCBs) Controls, requires co-permittees to reduce PCBs discharges in stormwater runoff by implementing controls during the building demolition process. On June 4, 2019, City Council adopted Ordinance No. 06-19 requiring applicable structures constructed or remodeled between 1950 and 1980 to assess priority materials that may contain PCBs prior to demolition to determine if said priority materials contain PCBs in concentrations greater than or equal to 50 parts per million. In situations where PCBs are detected at that concentration, the applicant is required to comply with related applicable federal and state laws. The amendments to Chapter 7.29 consist of changes required to enhance clarity and be consistent with noticing and reporting requirements in the current MRP.

On August 20, 2024, the City Council waived the first reading and introduced the Ordinances Amending Dublin Municipal Code Chapter 7.29 (Management of PCBs During Building Demolition Projects.) Subsequently, proposed Ordinance text for Section 7.29.050. PCBs in Priority Building Materials Screening Assessment, was corrected for grammatical and verb consistency, without altering the proposed Ordinance requirements. The City Council is being asked to waive the second reading and adopt the Ordinance, including the grammatical and verb corrections in Section 7.29.050.

ENVIRONMENTAL DETERMINATION:

Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City prepared a Notice of Exemption for the Amendments to the Ordinances.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.
43

ATTACHMENTS:
1) Ordinance Amending Dublin Municipal Code Chapter 7.74 (Stormwater Management and Discharge Control)
2) Exhibit A to the Ordinance – Chapter 7.74 (Stormwater Management and Discharge Control) 3) Ordinance Amending Dublin Municipal Code Chapter 7.29 (Management of PCBs During Building Demolition Projects)
4) Exhibit A to the Ordinance – Chapter 7.29 (Management of PCBs During Building Demolition Projects) – Redline Version
44 Attachment 1
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 3 ORDINANCE NO. XX – 24

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE CHAPTER 7.74 (STORMWATER MANAGEMENT

AND DISCHARGE CONTROL)
WHEREAS, Article XI, Section 7 of the California Constitution provides that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the City of Dublin (“City”) is subject to the Municipal Regional Stormwater National Pollutant Discharge Elimination System Permit (“MRP”) administered by the California Regional Water Quality Control Board, San Francisco Bay Region (“Regional Water Board”); and WHEREAS, the City’s Stormwater Program is a mandated program under the federal Clean Water Act which is codified in the City of Dublin Municipal Code Chapter 7.74 Stormwater Management and Discharge Control (“Chapter 7.74”); and
WHEREAS, Ordinance 9-92 allowed the City to comply with Section 402(p) of the Clean Water Act as amended by the Water Quality Act of 1987; and WHEREAS, the City is a member of the Alameda Countywide Clean Water Program (“Clean Water Program”), a consortium of Alameda County jurisdictions that coordinate on implementation activities required in the MRP; and
WHEREAS, as a member of the Clean Water Program, the City takes an active role in preventing pollution of San Francisco Bay and other tributaries that flow into the bodies of water that make the City and the Bay Area an attractive place to live; and WHEREAS, the Regional Water Board modified the MRP regulations regarding discharge of stormwater into the stormwater collection system; and WHEREAS, modifications to Chapter 7.74 are required to comply with the provisions of the modified applicable MRP; and
WHEREAS, the City desires to repeal Articles I through IV of the current Chapter 7.74 to reflect the new MRP requirements and to continue to minimize pollution that flows into local waterways and the San Francisco Bay; and
WHEREAS, the City desires to replace Article I through IV of Chapter 7.74 with updated articles modeled on the Clean Water Program’s model ordinance; and WHEREAS, the City desires to add a new Article III to Chapter 7.74, Stormwater Quality Management for Development; and
WHEREAS, the City desires to renumber the current Articles V through VI of Chapter 7.74 as Articles VI and VII, respectively, and to update the references therein. 45 Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 3 NOW, THEREFORE, the City Council of the City of Dublin does ordain the changes attached hereto as Exhibit A.

Section 1. Recitals. The above recitals are incorporated as though set forth in this section.

Section 2. Amendment. Articles I through V of Chapter 7.74 “Stormwater Management and Discharge Control” of Title 7 of the Dublin Municipal Code are hereby updated to be in the form of Exhibit A incorporated herein.

Section 3. Renumbering of Articles V and Article VI. Articles V and VI are renumbered VI and VII respectively and the sections within those articles are correspondingly renumbered sequentially to follow the numbering of the last section of Article V added by section 2 of this Ordinance.

Section 4. Severability. If any section, subsection, provision, or part of this Ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this Ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.

Section 5. CEQA. This Ordinance is exempt from the provisions of Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code pursuant to CEQA Guidelines Section 15308 as an action that assures the maintenance, restoration, enhancement or protection of the environment where the regulatory process involves procedures for protection of the environment.

Section 6. Effective Date. This Ordinance shall take effect and be enforced 30 days following its final adoption.

Section 7. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
{Signatures on the following page}
46 Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
47 Dublin Municipal Code
Chapter 7.74 Stormwater Management and
Discharge Control
Attachment 2
Exhibit A to the Ordinance
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.

Chapter 7.74
Stormwater Management and Discharge Control
Sections:

Article I. Title, Purpose and General Provisions

7.74.010 Title.

7.74.020 Purpose and intent.

7.74.030 Compliance with other laws.

7.74.040 Definitions.

7.74.050 Responsibility for administration.

7.74.060 Construction and application.

7.74.070 Scope and limits of this chapter.

7.74.080 Severability and validity.

Article II. Discharge Regulations and Requirements

7.74.090 Discharge of pollutants.

7.74.100 Exceptions to discharge prohibition.

7.74.110 Discharge in violation of permit.

7.74.120 Illicit discharge and illicit connections.

7.74.130 Reduction of pollutants in stormwater.

7.74.140 Special Districts.

Article III. Stormwater Quality Management for Development

7.74.150 Construction activities.

7.74.160 Development and redevelopment requirements.

7.74.170 Reserved for potential future in-lieu fee.

7.74.180 Trash reduction requirements.

7.74.190 Stormwater Management Maintenance Agreements.

Article IV. Inspection and Enforcement

7.74.200 Authority to inspect.

7.74.210 Violations constituting misdemeanors or infractions.

7.74.220 Penalty for violation.

7.74.230 Continuing violation.

7.74.240 Concealment.

7.74.250 Acts potentially resulting in violation of Federal Clean Water Act and/or Porter-Cologne Act.

7.74.260 Violations deemed a public nuisance.

7.74.270 California Code of Civil Procedure Section 1094.6.

7.74.280 Civil actions.

7.74.290 Administrative enforcement powers.

7.74.300 Authority to issue citations or arrest.

7.74.310 Remedies not exclusive.

Article V. Coordination with other Programs

7.74.320 Coordination with Hazardous Materials Inventory and Response Program. 48 Dublin Municipal Code
Chapter 7.74 Stormwater Management and
Discharge Control
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.

7.74.370 Obligations imposed.

7.74.380 Use of credits.

7.74.390 Use of charge revenue.

7.74.400 Recordation.

7.74.410 Reimbursement agreements.

Article I. Title, Purpose and General Provisions

7.74.010 Title.

The ordinance codified in this chapter shall be known as the “City of Dublin Stormwater Management and Discharge Control Ordinance” and may be so cited.

7.74.020 Purpose and intent.

A. The purpose of this chapter is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and general welfare of city of Dublin citizens by:

1. Eliminating non-stormwater discharges to the municipal separate storm sewer system (hereinafter referred to as MS4);

2. Controlling spills and prohibiting dumping or disposal of materials other than stormwater to the MS4;

3. Reducing pollutants and wastes in stormwater discharges to the maximum extent practicable (hereinafter referred to as MEP);

4. Establishing minimal acceptable requirements for the design of stream buffers and for the protection of the water quality of watercourses, water bodies, the San Francisco Bay, and other significant water resources; and

5. Enabling the city to comply with the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) permit (hereinafter referred to as the MRP), , or as amended or revised, NPDES Permit No. CAS612008, or any reissuance thereof, and applicable federal and state regulations. The MRP is on file with the City Clerk of the city of Dublin and available on the San Francisco Bay Regional Water Quality Control Board website.

The intent of this chapter is to protect and enhance the water quality of watercourses, water bodies and wetlands, in a manner pursuant to and consistent with the Clean Water Act and California Water Code.
49 Dublin Municipal Code
Chapter 7.74 Stormwater Management and
Discharge Control
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.

7.74.030 Compliance with other laws.

A. The requirements of this chapter are minimum requirements. They do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this chapter imposes requirements that are more protective of human health or the environment than those set forth elsewhere, the provisions of this chapter shall prevail.

B. Approvals and permits granted under this chapter are not waivers of the requirements of any other laws, nor do they indicate compliance with any other laws. Compliance is still required with all applicable federal, state, regional and local laws and regulations, including rules promulgated under authority of this chapter.

7.74.040 Definitions.

A. Any terms defined in the MRP or the Federal Clean Water Act, or the California Water Code and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the United States Environmental Protection Agency on November 16, 1990 (as may from time to time be amended), as used in this chapter, shall have the same meaning as in that statute or regulations. Specifically, the definitions of the following terms included in that statute or regulations are hereby incorporated by reference, as now applicable or as may hereafter be amended:

1. “Applicant” means any Person applying to the city of Dublin for permitting or approval of a project.

2. “Authorized enforcement official” means the following city officials and their designated associates, employed by the city or working under a contract with the city:

Fire Chief, Public Works Director, City Engineer, and Building Official.

3. “Best management practice (BMP)” means structural device, measures, facility, activity, schedules of activities, prohibitions of practices, general good housekeeping practices, pollution-prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to “waters of the United States.” BMPs also include treatment requirements, operating procedures, and practices to control plant-site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

4. “Biotreatment Soil Media (BSM)” means a soil blend designed to meet the specifications approved by the San Francisco Bay Regional Water Quality Control Board Executive Officer and incorporated into the C.3 Technical Guidance Manual.

5. “C.3 Technical Guidance Manual” means the most recent version of the Alameda Countywide Clean Water Program manual that sets forth guidance, design standards and best management practices for low impact development. 50 Dublin Municipal Code
Chapter 7.74 Stormwater Management and
Discharge Control
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.

6. “City” means the city of Dublin.

7. “Construction activity” means any activity that involves soil disturbing activities including, but not limited to, grubbing, clearing, filling, leveling, building, paving, grading, demolition, and ground disturbances such as stockpiling and excavation unless exempted by the municipal code.

8. “Development” or “development project” means construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); or industrial, commercial, or other non-residential project, including public agency projects. Development projects as defined here and used in this chapter includes redevelopment, which means land- disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred.

Development or development project includes, but is not limited to, a rezoning, tentative parcel map, conditional use permit, variance, site development permit, design review, or building permit.

9. “Development runoff requirements” means the provisions in the MRP and any additional city standards that contain performance standards to address both the construction and post-construction phase of new and development projects on stormwater quality.

10. “Discharge” means:
a. Any addition or discharge of any pollutant or combination of pollutants and waste directly or indirectly to the storm drain system or to waters of the United States or waters of the State from any activity or operation, or
b. Any addition of any pollutant, waste, or combination of pollutants and waste directly or indirectly to the storm drain system or to the waters of the contiguous zone or the ocean from any activity or operation other than a vessel or other floating craft being used as a means of transportation.

This includes additions of pollutants or waste to waters of the United States or waters of the State from: surface runoff which is anthropogenically collected or channeled; discharges through pipes, sewers, or other conveyances, including street surfaces and curb and gutters, owned by a State, municipality, or other Person which do not lead to a treatment facility; and discharges through pipes, sewers, or other conveyances, leading to privately owned treatment works.

11. “Discharger” means a Person or entity who or which, respectively, allows, causes, permits to occur, or performs a discharge. “Discharger” also means the owners of real 51 Dublin Municipal Code
Chapter 7.74 Stormwater Management and
Discharge Control
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024. property on which such activities, operations or facilities are located; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way

12. “Full trash capture” or a “full trash capture system or device” means any device or series of devices that traps all particles retained by a minimum five-millimeter mesh screen and has a design treatment capacity of not less than the peak flow rate resulting from a one-year, one-hour storm in the tributary drainage catchment area.

13. “Green stormwater infrastructure (GSI)” means infrastructure that uses vegetation, soils, and natural processes to intercept stormwater or stormwater runoff for either infiltration into the ground, evaporation, slowed release into the MS4, or some combination thereof. GSI is a natural and environmentally sustainable approach to managing stormwater runoff using specially designed landscaped areas, pervious surfaces, and rainwater capture and use. As Low Impact Development practices are often implemented with GSI, these concepts are together referred to as LID/GSI.

14. “Hydromodification” means modification of a stream’s hydrograph, caused in general by increases in flows and durations that result when land is developed (e.g., made more impervious). The effects of hydromodification include but are not limited to increased bed and bank erosion, loss of habitat, increased sediment transport and deposition, and increased flooding.

15. “Hydromodification Management (HM)” means engineered systems designed to minimize changes to the hydrograph (hydromodification) resulting from development by matching the flow durations (long-term temporal patterns of volume and rate) of the pre-project runoff.

16. “Illicit connection” means any device or method that conveys an illicit discharge to a MS4 or receiving water, or any conveyance that has not been documented in plans, maps, or equivalent records and approved by the city.

17. “Illicit discharge” means any discharge to the MS4 that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. This includes all non- stormwater discharges not composed entirely of stormwater, except discharges allowed pursuant to an NPDES permit (other than the NPDES permit for discharges from the MS4).

18. “Local Agency Investment Fund (LAIF)” means a voluntary program created by statute which began in 1977 as an investment alternative for California’s local governments and special districts. The LAIF program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of 52 Dublin Municipal Code
Chapter 7.74 Stormwater Management and
Discharge Control
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024. dollars, using the investment expertise of the State Treasurer’s Office professional investment staff at no additional cost to the taxpayer.

19.“Low impact development (LID)” uses site design and stormwater management to maintain the site’s pre-development runoff rates and volumes. The goal of LID is to mimic a site’s predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, detain, and/or biotreat stormwater runoff on or near the site. At the site scale, GSI is a subset of LID. As LID practices are often implemented with GSI, these concepts are referred together as LID/GSI.

20. “Lot” means a piece or parcel of land owned as a single unit in common ownership, occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this title, and having frontage on and access to an approved and accepted city street that meets the standards of width and improvements as specified in the regulations of the city contained in or adopted pursuant to the subdivision title and street improvement chapter as to the section and the frontage of the lot involved, or having frontage on and access to an approved private street.

21. “Maximum extent practicable (MEP)” means a standard for implementation of stormwater management programs to reduce pollutants in stormwater to the maximum extent possible, taking into account equitable considerations and competing facts including but not limited to the seriousness of the problem, public health risks, environmental benefit, pollutant removal effectiveness, regulatory compliance, cost and technical feasibility.

22. “Municipal Regional Stormwater NPDES Permit (MRP)” means the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES permit issued to the city of Dublin, Permit No. CAS612008 and any subsequent amendment, reissuance, or successor to this NPDES permit.

23. “Municipal separate storm sewer system (MS4)” means and includes, but is not limited to, those facilities within the city by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Regulations Section 122.2.

24. “Non-stormwater discharge” means any discharge that is not entirely composed of stormwater.

25.“NPDES” means National Pollutant Discharge Elimination System. 53 Dublin Municipal Code
Chapter 7.74 Stormwater Management and
Discharge Control
The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.

26. “NPDES permit” means a NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or a California Regional Water Quality Control Board pursuant to the Clean Water Act and the California Water Code that authorizes discharges to waters of the United States.

27. “Person” means an individual, corporation, partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.

28. “Pollutant” means dredged soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes or byproducts, fuels, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, sediment, contaminated waste discharged from hot tubs, pools or spas, dumped yard wastes, food related wastes, rock, sand, dirt, and industrial, municipal and agricultural waste discharged into water, or placed in an area or manner such that it could be swept away or carried by stormwater runoff.

29. “Premises” means any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.

30. “Regulated Project” means a development project, as defined in MRP Provision C.3.

These projects are required to implement LID source control, site design, and LID/GSI stormwater treatment, onsite or at a joint stormwater treatment facility, in accordance with the criteria for LID/GSI and numeric sizing for stormwater treatment systems and may be required to implement hydromodification management as put forth in the MRP.

31. “Responsible person” means the owner, occupant, or entity responsible for any premises, or who engages in any activity, from which there is or may be a non- stormwater discharge or any Person who releases pollutants or waste to the MS4.

32. “Source control” means structural or operational BMPs that are intended to prevent pollutants from coming into contact with stormwater through the physical separation of areas or careful management of activities that are sources of pollutants.

33.“State” means the State of California.

34. “Stormwater” means temporary surface water runoff and drainage generated by immediately preceding storms. This definition shall be interpreted consistent with the definition of “stormwater” in Section 122.26 of Title 40 of the Code of Federal Regulations.

35. “Stormwater treatment system” means any engineered system designed to remove pollutants and waste from stormwater runoff by settling, filtration, biological 54 Dublin Municipal Code
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36. “Urban Runoff Requirement Acknowledgement” means the form regarding construction stormwater BMPs that must be completed by developers of projects not required to file a Notice of Intent with the State Water Resources Control Board.

37. “Waste” means sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for the purposes of, disposal.

38.“Watercourse” means:
a. An elongated open depression or channel in which water may or does flow; or b. A conduit or channel intended for the conveyance of water whether open or closed; or
c. A stream or course of running water flowing on the earth; or d. A ditch or artificial channel created for the conveyance of water.

39. “Waters of the State” means any surface water or groundwater, including saline waters, within the boundaries of the State.

40. “Waters of the United States” shall have the same meaning as set forth in 40 Code of Federal Regulations Section 120.2 or any successor provisions.

7.74.050 Responsibility for administration.

This chapter shall be administered for the city by the Public Works Director. Where storm drain facilities and/or watercourses have been accepted for maintenance by the Zone 7 Water Agency or other public agency legally responsible for certain watercourses, the responsibility for enforcing the provisions of this chapter may be assigned to such an agency (through contract or agreement executed by the city and such agency) with respect to those watercourses for which they have accepted maintenance.

The Public Works Director is authorized to promulgate administrative procedures and/or policies needed to implement this chapter without having to amend the Ordinance. 55 Dublin Municipal Code
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7.74.060 Construction and application.

This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, the California Water Code and applicable implementing regulations, and the MRP and any amendment, revision, or reissuance thereof.

The standards established by this chapter are minimum standards. Therefore, this chapter does not intend nor imply that compliance by any discharger will ensure that the discharger will not cause contamination, pollution, or unauthorized discharge of pollutants or waste into waters of the United States or waters of the State. Ensuring that the discharger does not contaminate, pollute, or otherwise discharge pollutants or waste into the waters of the United States or waters of the State is the ultimate responsibility of the discharger. This chapter shall not create liability on the part of the city or any city agent or employee for any damages that result from the discharger’s reliance on this chapter or any lawful administrative decision made under this chapter.

7.74.070 Scope and limits of this chapter.

A. This chapter shall apply to:

1. Ministerial as well as discretionary approvals of development projects.

2. Dischargers at or from parcels and premises within the city, which have been found to, or may be reasonably considered to, cause or contribute to pollution of stormwater runoff or illegal connections and other illicit discharges.

B. Nothing in this chapter shall be interpreted to infringe any right or power guaranteed by the United States constitution or the California Constitution, including any vested property right.

7.74.080 Severability and validity.

If any portion of the ordinance codified in this chapter is declared invalid, the remaining portions of such ordinance are to be considered valid.

Article II. Discharge Regulations and Requirements

7.74.090 Discharge of pollutants.

A. General Prohibition. Any discharge to the MS4 not composed entirely of stormwater is prohibited, except as set forth in Section 7.74.100.

B. The city has the authority and duty to require any Person intending to connect to the MS4 to adhere to this chapter, the MRP, and any amendment, revision, or reissuance thereof.

C. It is unlawful to throw, deposit, leave, abandon, maintain or keep materials or wastes on public or private lands in a manner and place where they may result in an illicit discharge. 56 Dublin Municipal Code
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7.74.100 Exceptions to discharge prohibition.

A. The following discharges are exempt from the prohibitions set forth in Section 7.74.090 above:

1. Any discharge regulated under an NPDES permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency, provided that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations.

2. Exempt discharges, as identified in the MRP. Unpolluted discharges from those sources or activities specifically identified in or pursuant to the MRP as exempt discharges, unless they are identified by the city or the San Francisco Bay Regional Water Quality Control Board as a source of pollutants to receiving waters, in which case they shall be addressed as conditionally exempt discharges.

3. Conditionally exempt discharges, as identified in the MRP. Discharges from those sources or activities specifically identified in or pursuant to the MRP as conditionally exempt discharges shall not be a violation of this chapter provided that (1) they are identified by the city or San Francisco Bay Regional Water Quality Control Board as not being sources of pollutants to receiving waters, or (2) applicable BMPs are developed and implemented to eliminate adverse impacts associated with such sources or activities and required conditions described in the MRP are met prior to the discharge.

B. If the Regional Water Quality Control Board or the city determines that an exempt or conditionally exempt discharge results in or contributes to a violation of the MRP or of any applicable water quality standard for receiving waters, either separately or when combined with other discharges, or is a danger to public health or safety, the authorized enforcement official may give written notice to the Responsible Person that the discharge exemption shall not apply to the discharge at issue following a 10-day period commencing upon delivery of the notice.

Upon expiration of the 10-day period any such discharge shall be unlawful.

7.74.110 Discharge in violation of permit.

A. Any discharge that would result in or contribute to a violation of the MRP, either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the Person(s) causing or responsible for the discharge, and such Persons shall defend, indemnify, and hold harmless the city in any administrative or judicial enforcement action relating to such discharge.

B. Every owner of real property within the city shall manage their property in a manner to avoid violation of this code. The property owner shall be liable for violations thereof regardless of any contract or agreement with any third party regarding the property. When there are multiple property owners, the property owners shall have joint and several liability. 57 Dublin Municipal Code
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1. Every property owner in the city is required to conduct all activities in a manner to avoid violation of this Code and to correct any nuisance condition.

2. It shall be the duty of every property owner to keep all parcels of land under the property owner’s possession or control free of nuisance conditions.

7.74.120 Illicit discharge and illicit connections.

A. It is prohibited to establish, use, maintain, commence, or continue any illicit drainage connections or illicit discharges to the MS4. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.

1. Any Person responsible for a discharge, spill or pollutant release, including those resulting from activities associated from mobile businesses, shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official.

2. Any Person responsible for an illicit connection shall promptly remove the connection as directed by the authorized enforcement official.

3. The city may perform cleanup and abatement work and recover its costs from the responsible Person as provided in Dublin Municipal Code Section 1.04.061. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in Article IV and the Dublin Municipal Code.

B. The authorized enforcement official shall have the authority to inspect any activity conducted within the city pursuant to Article IV.

C. When any activity is being performed contrary to the provisions of this code and has the potential to result in a discharge to the MS4, the authorized enforcement official may order the activity stopped until appropriate controls are implemented pursuant to Article IV.

7.74.130 Reduction of pollutants in stormwater.

Any Person engaged in activities that will or may result in pollutants or waste discharges entering the MS4, natural surface waters, or watercourses shall undertake all practicable measures to cease such activities, and/or eliminate or reduce such pollutants and waste discharges. Examples of such activities include, but are not limited to, ownership and use of facilities such as parking lots, gasoline stations, auto services, industrial facilities, and commercial facilities fronting city streets. The following minimal requirements shall apply.

A. Littering.
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1. No Person shall throw, deposit, leave, maintain, keep, or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage, or other discarded or abandoned objects, articles, and accumulations, in or upon any street, alley, sidewalk, storm drain inlet, catch basin, conduit or other drainage structure, business place, or upon any public or private lot of land in the city, so that the same might be or become a pollutant or waste discharge, except in lawfully established garbage containers or in lawfully established dumping grounds.

2. No Person shall throw or deposit litter in any fountain, pond, lake, creek, or any other body of water in a park or elsewhere within the city.

B. Standard for maintenance of premises.

1. Persons owning or operating premises shall clean the property and storm drainage structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants or waste to the MS4.

2. The Responsible Person for any business in the city in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt and litter to the maximum extent practicable. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter, roadway, or MS4, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.

3. If wet cleaning is required to maintain the appearance of the sidewalk, parking lot, or other exterior surfaces, the surface cleaning guidelines established by the Alameda Countywide Clean Water Program shall be used.

C. Trash Control

1. An authorized enforcement official may require installation and maintenance of full trash capture device(s) that meet the requirements of the San Francisco Bay Regional Water Quality Control Board on private storm drain inlets if implemented BMPs do not prevent the discharge of trash or other pollutants to the MS4 from private parking lots and drainage facilities.

2. At a minimum, the full trash capture system covering the entirety of the parcel must be installed before the onsite drainage enters the MS4 (i.e., trash capture must take place no farther downstream than the last private stormwater drainage structure on site).

3. The authorized enforcement official may require Persons owning, operating, or maintaining such Premises to enter into an operation and maintenance agreement, in a form approved by the city and which has been recorded against the property with 59 Dublin Municipal Code
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4. Upon transferring ownership of the property, any property owner required to install and maintain a full trash capture system shall notify the city in writing of the transfer of ownership, provide the new owners with a copy of the maintenance agreement, and inform the new owners in writing of their obligation to properly operate and maintain the full trash capture system.

5. It shall be unlawful to alter, modify, change, or remove any full trash capture system without first obtaining from the Authorized Enforcement Official written certification that the requirements of this Article and the MRP have been satisfied.

D. Organic matter.

1. Sweeping, blowing, or otherwise causing leaf litter, yard trimmings, or other organic matter in a manner that allows it to enter the MS4 is prohibited.

E. Notice of Intent and compliance with State Water Resources Control Board General Stormwater Permits.

1. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the San Francisco Bay Regional Water Quality Control Board, shall provide Notice of Intent to comply with, and undertake all activities required by any general stormwater permit as applicable to such discharges.

F. Proof of compliance with a general stormwater permit may be required in a form acceptable to the city’s designated representative prior to or as a condition of a subdivision map, site plan, building permit, or development or improvement plan or business license; upon inspection of a facility; during any enforcement proceeding or action; or for any other reasonable cause.

G. Incidental irrigation runoff is the unintended amounts of runoff that leave the area of application such as minimal overspray. Water leaving the intended area of application is not incidental if it is due to the design, excessive application, intentional overflow or application, or inadequate maintenance. Irrigation systems must be designed and maintained to conserve water and prevent water from leaving the area of application. Responsible Persons shall control irrigation systems to prevent excessive irrigation runoff by implementing the following BMPs:

1. Detect and repair leaks from the irrigation system within 72 hours of discovering the leak;
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2. Properly design and aim sprinkler heads to only irrigate the planned application area;

3. Do not irrigate during precipitation events; and

4. Where recycled water is used for irrigation, the user must conform to the requirements set forth in the city’s Municipal Code, Chapter 8.88 Water-Efficient Landscaping Regulations, as amended from time to time, or those given by the MRP, whichever are greater.

H. Best management practices (BMPs) and standards to reduce stormwater and non- stormwater pollutants.

1. Responsibility to implement BMPs. Any Person engaged in activities or operations or owning or occupying facilities or property that will or may result in pollutants entering the MS4 or receiving waters shall implement BMPs to prevent and reduce such pollutants.

I. City may establish BMPs. In addition to BMPs set forth in any general stormwater permit or individual NPDES permit, and notwithstanding the discharge exemptions set forth in Section

7.74.130, the city may establish and require compliance with BMPs for any activity, operation, or facility that may cause or contribute to degradation, pollution, or contamination of stormwater, the MS4, or receiving waters.

J. The Public Works Director may require submission of information to evaluate the implementation and/or require the implementation of BMPs, including, but not limited to, the following:

1. Minimum BMPs. All dischargers must implement and maintain at least the following minimum best management practices: Appropriate BMPs will be implemented to prevent pollutant and waste sources from entering the city’s storm drain collection system that are associated with outdoor process and manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas, outdoor parking and access roads, outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment, contaminated and erodible surfaces, or other sources determined by the Public Works Director to have a reasonable potential to contribute to pollution of stormwater runoff.

2. Inspection, Maintenance, Repair and Upgrading of Best Management Practices. Best management practices at staffed and unstaffed facilities must be inspected and maintained by the discharger according to manufacturer specifications and/or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks.

These best management practices must be maintained so that they continue to function as designed. Best management practices that fail must be repaired as soon as it is safe to do so. If the failure of a best management practice indicates that the 61 Dublin Municipal Code
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K. Containment and notification of spills.

1. Notwithstanding any other requirement of law, any known or suspected spill or release of pollutants or wastes which result or may result in an illicit discharge into the [Agency] storm drain system, Waters of the United States, or Waters of the State, shall be reported immediately in the following manner by any Responsible Person for a facility or Responsible Person for the facility’s emergency response:
a. The release of a hazardous material or hazardous waste shall be immediately reported to emergency services by emergency dispatch services (911). b. The release of a nonhazardous waste shall be reported to the Public Works Department at 925-833-6630 no later than 5:00 p.m. on the same business day. If the release occurs on a weekend or holiday, notification by phone shall be made on the next business day. A written notification of the release shall also be made to the Public Works Director within five business days of the release.

2. For any discharge subject to the reporting requirements of the State of California Water Code Sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section.

7.74.140 Special Districts.

The city has the authority and duty to require adherence to the MRP by Special Districts, if the Special District intends to connect to the MS4.

Article III. Stormwater Quality Management for Development

7.74.150 Construction activities.

All construction sites shall implement effective erosion control, run-on and runoff control, sediment control, active treatment systems (as appropriate), good site management, and non- stormwater management through all phases of construction (including, but not limited to, demolition, site grading, building and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures. Construction sites shall conform to the MRP Provision C.6 Construction Site Control requirements, as well as the following requirements:

A. Any Person performing construction activities in the city shall implement appropriate BMPs to prevent the discharge of sediment, construction waste or contaminants from construction materials, tools, and equipment from entering the storm drain system or watercourse. 62 Dublin Municipal Code
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B. Any Person performing construction activities for which a city permit is required must submit for review and approval an Erosion and Sediment Control Plan, as described in the Grading Regulations Ordinance, Dublin Municipal Code, Chapter 7.16, Section 7.16.600. Said plan shall also include appropriate BMPs that provide for effective control for other pollutants or waste that may be generated from the site. City permits shall not be issued until an acceptable Erosion and Sediment Control Plan is submitted and approved. All Projects performed in the city must comply with the following provisions:

1. Projects regulated under the State Construction General Permit shall present evidence of coverage under the State Construction General Permit by disclosing the Waste Discharger Identification (WDID) number.

2. Projects not covered by the State Construction General Permit shall complete an Urban Runoff Requirements Acknowledgement, or other equivalent form as available from the city. No construction activity may commence until adequate BMPs have been installed conforming to the State Construction General Permit and/or MRP Provision C.6 Construction Site Control requirements.

C. The Erosion and Sediment Control Plan shall be implemented year-round and must be updated to reflect changing conditions on the project site. Modifications to the Erosion and Sediment Control Plan shall be submitted to the city for review and approval.

D. Ground disturbing activities requiring a permit shall provide signage notifying the public to call the City Public Works Department at (925) 833-6630 for spills or erosion control violations.

The sign shall be at least 18 inches, made of materials that shall withstand weather for the duration of the project, and shall be clearly visible from the right-of-way. Lettering shall be at least 3 inches high and easily readable.

E. The city’s authorized enforcement official shall have the authority to inspect construction activities with the city pursuant to Article IV.

F. When any work is being performed contrary to the provisions of this section, the authorized enforcement official may order the work stopped by notice in writing served on any Persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal provided in the Dublin Municipal Code.

7.74.160 Development and redevelopment requirements.

Development projects shall conform to the MRP Provision C.3 New and Redevelopment Standards, Provision C.6 Construction Site Control requirements, and Provision C.10 Trash Load Reduction Requirements.
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A. Stormwater Source Controls. Source controls as described in the MRP and in further detail in the city of Dublin Stormwater Standard Plans, are required for all development projects doing work in the city. Exemptions from certain stormwater source controls due to extreme hardship may be granted on a limited basis.

B. Site design techniques. Development projects that fall into the applicable thresholds as defined in the MRP, shall incorporate at least one of the following site design techniques, as applicable to the project:

1. Direct roof runoff areas into cisterns or rain barrels for use.

2. Direct roof runoff onto vegetated areas through disconnected roof leaders that are properly located to prevent erosion of landscaped materials.

3. Direct runoff from sidewalks, walkways, patios, driveways, or uncovered parking to vegetated areas.

4. Construct sidewalks, walkways, patios, driveways, uncovered parking, or bike lanes with permeable surfaces as defined in the MRP.

Applicants for these projects shall select, design, and construct these site design measures, as applicable, with the requirements and guidelines set forth in the most current version of following documents:

1. Municipal Regional Stormwater NPDES permit.

2. Technical Guidance Manual.

The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available at the city’s or the Alameda Countywide Clean Water Program website.

C. Regulated Projects, as defined in the MRP and Section 7.74.040, are required to incorporate additional site design, stormwater treatment, and hydromodification management measures. These measures are required to remain in place post-construction to address stormwater runoff pollutant discharges and prevent increases in runoff flow rates and volumes.

Applicants for new development and redevelopment projects shall select, design and construct site design, stormwater treatment, and hydromodification management measures, as applicable, to the satisfaction of the city in accordance with the requirements and guidelines set forth in the most current version of following documents:

1. Municipal Regional Stormwater NPDES permit.

2. City of Dublin Stormwater Standard Plans.
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3. C.3 Technical Guidance Manual.

The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available at the city’s or the Alameda Countywide Clean Water Program website.

D. Regulated Projects shall include LID/GSI treatment measures, as set forth in the MRP per the following provisions:

1. Project phasing. Project proponents may not phase projects to avoid implementing stormwater requirements. Projects submitted to the city within one year for the same property shall be considered one project in terms of creating or replacing impervious surface area. Project proponents shall meet the applicable requirements based on cumulative impervious surface on the property. In addition, any project, phase of project, or individual lot within a larger previously approved project, shall be considered one project, and must adhere in its entirety to the requirements of this section, as set forth at the time of submittal of the most recent application.

2. Subdivisions of land. Parcels of land which are subdivided for future construction shall make provision for stormwater requirements anticipating future build out. Stormwater improvements shall be considered part of the infrastructure and are required to be installed with other infrastructure improvements.

3. Placement of LID/GSI treatment measures in common areas. In subdivisions, stormwater treatment systems shall be placed in a common area unless prior approval has been obtained by the authorized enforcement official.

4. LID/GSI treatment measures shall not be placed in backyards, or in areas where fencing obstructs access for periodic inspection. All LID/GSI facilities shall be accessible without having to request access through locked areas.

5. Alternative Compliance for low impact development. Notwithstanding the provisions of Section 7.74.180, the authorized enforcement official may, in accordance with the MRP, authorize a Regulated Project to provide alternate compliance by treating an equivalent flow and pollutant load of the project’s stormwater runoff with LID/GSI treatment measures at an on-site location that otherwise would not require treatment, or at an offsite location in the same watershed, in accordance with the MRP. The applicant must request approval for use of alternate compliance prior to approval of a tentative subdivision map, or if there is no subdivision map, prior to approval of a building permit for the Regulated Project. In order to request the use of alternate compliance, the applicant must identify the proposed project location, demonstrate to the satisfaction of the authorized enforcement official that the site is appropriate for use as an LID/GSI treatment location, and provide evidence that it has obtained the 65 Dublin Municipal Code
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6. Construction-phase LID/GSI requirements.
a. Bioretention Soil Media (BSM) certification. For LID/GSI incorporating bioretention, certification of the Bioretention Soil Media (BSM), as set forth in the C.3 Technical Guidance Manual, Appendix K,provided by the supplier. b. GPS Coordinates. Prior to the city granting final certificate of occupancy or acceptance of improvements, the applicant shall provide GPS coordinates for all installed stormwater treatment facilities, hydromodification management measures, and trash capture devices. The coordinates shall be in a format determined in one of two formats:
i. GIS layer (shape file or feature class in a geodatabase): Minimally, provide a GIS point layer of the facility inlet, and ideally provide a GIS polygon layer of facility footprint. Layer(s) should contain the device type, manufacturer, model, and date it was installed.
ii. Excel file (csv or text file) with the information noted above, in addition to a coordinate location pair of Latitude/Longitude or X/Y Coordinates in North American Datum (NAD) 1983 State Plane California III FIPS 0403 Feet, WKID: 2227, Authority: EPSG.

E. Hydromodification management measures.

1. Regulated Projects that are designated as Hydromodification Management projects under the MRP shall demonstrate that the project will not cause an increase in stormwater runoff flow rates, volume, or flow durations over the pre-project existing condition based on the design criteria set forth in the MRP.

2. Hydromodification Management Projects shall implement on-site hydromodification management controls unless a regional hydromodification management control is available to control all or a portion of the project runoff or the project qualifies to use an in-stream alternative hydromodification control measure to control all or a portion of the project runoff.

F. Requirement for Stormwater Management Plan. A Stormwater Management Plan shall consist of a preliminary plan to ensure adequate planning for the management of stormwater runoff and quality control, and a final plan, as approved by a designee of the Public Works Director or City Engineer. Both plans shall be in accordance with the criteria established in the following provisions:
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1. A preliminary Stormwater Management Plan shall be submitted for review and approval with all subdivision map, site plan, building permit, or improvement plan applications.

2. The final Stormwater Management Plan must be submitted for review and approval by the Public Works Director or City Engineer as part of the improvement plan review process.

3. All Stormwater Management Plans shall be appropriately sealed and signed by a professional engineer in adherence to all minimum standards and requirements pertaining to the practice of that profession.

4. The stormwater treatment systems must be designed in accordance with the requirements specified in the MRP and with the design guidelines detailed in the most recent C.3 Technical Guidance Manual.

G. Maintenance access easements.

1. The Property Owner must ensure access from the public right-of-way to stormwater treatment facilities, HM systems and full trash capture devices for the purpose of inspection, maintenance, and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment for maintenance activities. The maintenance access easement must be located such that the stormwater treatment systems are readily accessible for inspection purposes during regular working hours.

H. LID/GSI requirements for projects improving street, sidewalk, or road frontage. Portions of the public right of way that may generate runoff, including sidewalks, curb extensions, pavement replacement, and curb and gutter replacement in the street frontage, that are constructed or reconstructed as part of the Regulated Project are considered part of the Regulated Project.

I. Additional measures. The provisions of this section shall not prohibit an authorized enforcement official from requiring a discharger to take additional measures to achieve the objectives of this chapter or any permit.

7.74.170 Reserved for potential future in-lieu fee.

7.74.180 Trash reduction requirements.

All development projects, including tenant improvement projects, shall conform to the MRP Provision C.10 Trash Load Reduction requirements.

A. Full trash capture systems or devices and actions.
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1. All development projects are required to install on-site full trash capture systems or devices selected from the list of full trash capture systems or multi-benefit trash treatment systems certified by the State Water Board. Alternately, development projects may install regional, off-site full trash capture devices if approved by the city.

2. Full trash capture systems or devices are required to remain in place throughout the life of the development project to reduce trash loads from the MS4. Applicants for development projects shall select, design, and construct full trash capture systems or devices, as applicable, to the satisfaction of the city in accordance with the requirements and guidelines set forth in the most current version of following documents:
a. MRP
b. C.3 Technical Guidance Manual
The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available at the city’s or Alameda Countywide Clean Water Program website.

B. If it is infeasible to install full trash captures systems or devices, trash control actions shall be implemented that provide for an equivalent trash reduction.

1. The Applicant must demonstrate to the satisfaction of the city that the trash control programs implemented in lieu of full trash capture devices or systems will provide an equivalent level of trash load reduction. Applicants shall develop and submit a full trash capture equivalency plan to the city for approval. The plan must include the planned trash control actions, projected trash reductions of the actions, implementation schedule, entities responsible for implementing the actions, and the plan to inspect and verify the effectiveness of the actions.

C. Operation and maintenance. Installed full trash capture trash systems or devices shall be operated and maintained by the Responsible Person for the life of the project, following the manufacturer’s recommendations for maintenance.

D. Additional measures. The provisions of this section shall not prohibit an authorized enforcement official from requiring a discharger to take additional measures to achieve the objectives of this chapter or any permit.

7.74.190 Stormwater Management Maintenance Agreements.

A. It is a violation of this code for any landowner to fail to properly operate and maintain any approved full capture trash device, stormwater treatment facilities, hydromodification management facilities and/or source control best management practices on the owner’s 68 Dublin Municipal Code
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B. Prior to the issuance of any permit for land development activity, development projects required to install full trash capture or LID/GSI systems shall develop and execute a Stormwater Management Maintenance Agreement for the property. The Stormwater Management Maintenance Agreement, also known as the Operation and Maintenance Agreement, shall run with the land, and shall be recorded in the Office of the Alameda County Clerk-Recorder. Provisions in the Stormwater Management Maintenance Agreement are fully enforceable by law. Enforcement action, as detailed in Article IV, may be taken for failure to meet any of the requirements of the Stormwater Management Maintenance Agreement.

C. The Stormwater Management Maintenance Agreement must be entered into between the Property Owner and the city. Responsibility for the operation and maintenance of the stormwater treatment systems shall remain with the Property Owner and shall pass to any successor owner. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title, and notification of the successor must be provided to the city.

D. The Property Owner shall bear responsibility for major repair or replacement of any facilities installed in the public Right-of-Way as a condition of project approval.

E. Maintenance of stormwater treatment systems shall be completed in accordance with the Stormwater Management Maintenance Agreement. The Stormwater Management Maintenance Agreement shall be irrevocable and shall obligate all current and future landowners to bear all costs for the annual maintenance, replacement, and record keeping of all stormwater treatment systems.

F. Site plans and operations and maintenance plans for recording shall show at a minimum:

1. Location of on-site stormwater treatment facilities, HM facilities, and full trash capture systems.

2. Location of off-site/public stormwater treatment facilities, HM facilities, and full trash capture systems.

3. A note to reference any stormwater treatment systems stating: "As part of the original construction of the Development, stormwater treatment systems were installed within the Development in connection with the Development’s drainage system. Neither the Association nor any Responsible Person or Owner shall do any work, construct any improvement, place any landscaping, or otherwise perform any action whatsoever which alters or interferes with the drainage pattern for any Lot or any portion of the 69 Dublin Municipal Code
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Common Areas, except to the extent such alteration in drainage pattern is approved in writing by the city of Dublin.”

4. A note to reference the Stormwater Management Maintenance Agreement: “The on- site stormwater treatment systems shall be inspected and maintained as detailed in the Stormwater Management Maintenance Agreement."

5. The extent of watercourse buffer, if any, on the subject property by the parcel’s boundary landmarks and a label of the watercourse buffer.

6. Provide a note to reference any watercourse buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the city of Dublin."

7. A note to reference any protective covenants governing all watercourse buffer areas stating: "Any watercourse buffer shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."
G. Annual Report. A report of the annual inspection and maintenance activities completed on the stormwater treatment systems shall be submitted to the city by December 30 each year.

The annual inspection report shall include all completed inspection and maintenance forms for the reporting period. The annual inspection shall also include a record of the volume of all accumulated sediment and trash removed from the stormwater treatment systems.

H. Transfer of Property. When a property subject to a Stormwater Management Maintenance Agreement is sold, conveyed, or otherwise transferred to another entity, the Property Owner shall provide written notice of said document to the transferee and provide the city a copy of such notice.

I. Inspection of systems. The authorized enforcement official shall have the authority to inspect stormwater treatment facilities, HM facilities, full trash capture devices and/or source control BMPs pursuant to Article IV.

J. Inadequacy of the system.

1. If a stormwater treatment facility, HM facility, source control BMP, or full trash capture device is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the approved stormwater management plan, it shall be corrected by the Responsible Person before the development project is finalized and accepted. If the Responsible Person fails to act, the city may use the performance bond to complete the work.
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2. If a stormwater treatment, HM system, or trash capture device or system is found to be inadequate by virtue of physical evidence of operational failure at any point during its operating life, it shall be corrected by the Responsible Person. If the Responsible Person fails to act, the city may pursue corrective actions or enforcement pursuant to Article IV.

Article IV. Inspection and Enforcement

7.74.200 Authority to inspect and sample.

A. General procedures.

1. The authorized enforcement official has authority to conduct inspections related to purposes of implementing this chapter on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of the chapter, including, but not limited to, visual evidence of an actual or potential violation of any provision of this chapter, complaints received, knowledge or physical evidence of subject activities or other pollutant sources and waste discharges, routine inspections, random sampling, sampling in areas with evidence of stormwater pollution, contamination, illicit connections, discharge of non- stormwater.

2. The authorized enforcement official may enter such building or premises at all reasonable times to inspect the same, to inspect and copy records related to stormwater compliance, take measurements, or perform any duty imposed upon the official by this chapter; provided that:
a. If such building or premises is occupied, the authorized enforcement official shall first present proper credentials and request entry; and b. If such building or premises is unoccupied, the authorized enforcement official shall first make a reasonable effort to locate the owner or other Responsible Person having charge or control of the building or premises and request entry.

3. Any such request for entry shall state that the property owner or Responsible Person has the right to refuse entry and that, in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate.

In the event the owner or Responsible Person refuses entry after such request has been made, or in the event that the owner or Responsible Person for the building or premises cannot be located, an inspection/abatement warrant authorizing entry shall be obtained prior to the city’s entry onto the building or premises. The official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such warrant authorizing entry.
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4. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non-stormwater to the stormwater system, or similar factors.

5. Inspections deemed necessary to carry out the objectives of this chapter shall be subject to an inspection fee, consistent with the city’s current Fee Schedule for these specific activities.

B. Authority to Sample and Establish Sampling Devices. The city shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the authorized enforcement official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.

C. Notification of Spills. As soon as any Person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or wastes which may result in pollutants or non-stormwater discharges entering the MS4, such Person shall take all necessary steps to ensure the discovery and containment and cleanup of such release, and shall notify the city of the occurrence by contacting the City Public Works Department at (925) 833-6630 during regular working hours and confirming the notification by correspondence to the same. After regular working hours, provide notification of spills by contacting the City of Dublin Fire Department Dispatch at 925- 447-4257.

D. Follow-Up Action. In accordance with Section 9 and Section 13, and following city inspection, the city may require that any Person in charge of a facility or responsible for emergency response for a facility that has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the MS4, take appropriate action to prevent discharge of pollutants or wastes, including, but not limited to, implementation of appropriate BMPs, as described in Section

7.74.140, and/or installation of full trash capture systems or devices.

E. Requirement to Test or Monitor. An authorized enforcement official may request that any Person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non- stormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs of these activities shall be borne by the Person. The requested analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits 72 Dublin Municipal Code
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7.74.210 Violations constituting misdemeanors or infractions.

Unless otherwise specified by ordinance, the violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter, shall constitute a misdemeanor; except that, notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the city, be charged and prosecuted as an infraction.

7.74.220 Penalty for violation.

A. Upon conviction of a misdemeanor, a Person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.

B. Upon conviction of an infraction, a Person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. After a third infraction conviction for a violation of the same provision within a twelve (12) month period, subsequent violations of that same provision within a twelve (12) month period may be charged as a misdemeanor.

7.74.230 Continuing violation.

Unless otherwise provided, a Person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the Person, shall be punishable accordingly as herein provided.

7.74.240 Concealment.

Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall constitute a violation of such provision.

7.74.250 Acts potentially resulting in violation of Federal Clean Water Act and/or Porter- Cologne Act.

Any Person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition, or effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts, including civil and criminal penalty. Any enforcement action authorized under this code may also include notice to the violator of such potential liability.

7.74.260 Violations deemed a public nuisance.

A. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety, and welfare, and is declared and deemed a public nuisance. Such condition may be summarily 73 Dublin Municipal Code
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B. The cost of such abatement and restoration shall be borne by the Responsible Person for the property, and the cost thereof shall be a lien upon and against the property. The procedures of Article IV, Chapter 5.64 of the Dublin Municipal Code shall be followed for any such lien.

C. If violation of this chapter constitutes a seasonal and recurrent nuisance, the City Council shall so declare. Thereafter, such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.

7.74.270 California Code of Civil Procedure Section 1094.6.

The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of city decisions pursuant to this chapter.

7.74.280 Civil actions.

In addition to any other remedies provided in this chapter, any violation of this chapter may be enforced by civil action brought by the city. In any such action, the city may seek, and the court shall grant, as appropriate, any or all of the following remedies:

A. A temporary and/or permanent injunction;
B. Assessment of the violator for the costs of any investigation, inspection or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and bringing legal action under this subsection;
C. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;
D. Compensatory damages for loss or destruction to water quality, wildlife, fish, and aquatic life. Assessments under this subsection shall be paid to the city to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter.

7.74.290 Administrative enforcement powers.

In addition to the other enforcement powers and remedies established by this chapter, an authorized enforcement official has the authority to utilize the applicable administrative remedies set forth in Dublin Municipal Code, Chapter 1.06 Administrative Citations, in addition to any or all of the following that apply:

A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an 74 Dublin Municipal Code
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B. Notice to Clean and Abate. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, cans, rubbish, refuse, waste, or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land, or upon any parcel of land or grounds, which may result in an increase in pollutants or wastes entering the MS4 or a non- stormwater discharge to the MS4, the official may give notice to the Responsible Person and/or to the tenant, if any, to remove such oil, earth, dirt, grass, weeds, dead trees, cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide.

The recipient of such notice shall undertake the activities as described in the notice.

C. Verbal Warning or Written Warning. When an authorized enforcement official finds that a Discharger has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other stormwater standards or requirement, the authorized enforcement official may serve upon that Discharger a verbal or written warning notice or notice of violation.

The notice includes required corrective actions to occur within a reasonably short and expedient time frame commensurate with the threat to water quality.

D. Stop Work Order. Whenever an authorized enforcement official finds that a Discharger has performed work contrary to the provisions of this section, the authorized enforcement official may order the work stopped by notice in writing served on any Persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed.

E. Withholding plan approvals or permits. Whenever an authorized enforcement official finds that a Discharger has performed work contrary to the provisions of this section the city may withhold the issuance of approvals or permits for ongoing or continued work at the property.

Such actions by the city may include, but are not limited withholding final certificate of occupancy or acceptance of improvements until the violation has been corrected

7.74.300 Authority to issue citations or arrest.

A. Authorized enforcement officials may issue a citation for an infraction and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, or as the same may hereafter be amended. It is the intent of the City Council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees or employees acting in the course and scope of employment pursuant to this chapter.

B. Police officers, but not authorized enforcement officials, shall have and are hereby vested with the authority to arrest or cite any Person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of 75 Dublin Municipal Code
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7.74.310 Remedies not exclusive.

Remedies under this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

Article V. Coordination with Other Programs

7.74.320 Coordination with Hazardous Materials Inventory and Response Program.

The first revision of the business plan for any facility subject to the city’s Hazardous Materials Inventory and Response Program shall include a program for compliance with this chapter, including the prohibitions on non-stormwater discharges and illicit discharges, and the requirement to reduce the discharge of pollutants or wastes to the maximum extent practicable.
76 Attachment 3
Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 2 ORDINANCE NO. XX – 24

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
AMENDING DUBLIN MUNICIPAL CODE CHAPTER 7.29 (MANAGEMENT OF PCBs DURING

BUILDING DEMOLITION PROJECTS)
WHEREAS, City Staff identified updates to the City of Dublin Municipal Code, Chapter 7.29 Management of PCBs During Building Demolition Projects (“Chapter 7.29”) that reflect new regulatory requirements and would reduce stormwater pollution; and WHEREAS, building demolition is a significant source of polychlorinated biphenyls (“PCBs”), a toxic and pervasive chemical, in urban stormwater and stormwater is the largest identified source of PCBs flowing into the San Francisco Bay; and WHEREAS, the Municipal Regional Stormwater National Pollution Discharge Elimination System Permit (“MRP”), of which the City of Dublin is a co-permittee, requires permittees to manage PCBs-containing materials during building demolition; and WHEREAS, the Bay Area Stormwater Management Agencies Association developed a model ordinance (“Model Ordinance”) to assist permittees in managing PCBs during building demolition and to effectuate a significant PCB load reduction; and WHEREAS, the Model Ordinance targets priority building materials including caulking, thermal/fiberglass insulation, adhesive/mastic, and rubber window gaskets, that may contain relatively high levels of PCBs, especially in buildings constructed between 1950 and 1980; and WHEREAS, the City of Dublin desires to amend Chapter 7.29 to meet new requirements in the MRP and to reduce PCBs in stormwater runoff originating in the City of Dublin.

NOW, THEREFORE, The City Council of the City of Dublin does ordain the changes attached hereto as Exhibit A.

Section 1. Recitals. The above recitals are incorporated as though set forth in this section.

Section 2. Amendment. Chapter 7.29 is hereby amended as set forth in Exhibit A incorporated herein.

Section 3. Severability. If any section, subsection, provision, or part of this Ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this Ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable.

Section 4. CEQA. This Ordinance is exempt from the provisions of Chapter 3 (commencing with Section 21100) of Division 13 of the Public Resources Code pursuant to CEQA Guidelines Section 15308 as an action that assures the maintenance, restoration, enhancement 77 Ord. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 2 of 2 or protection of the environment where the regulatory process involves procedures for protection of the environment.

Section 5. Effective Date. This Ordinance shall take effect and be enforced 30 days following its final adoption.

Section 6. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California.

PASSED, APPROVED AND ADOPTED this 3rd day of September 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 4
Exhibit A to the Ordinance

The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.

Chapter 7.29
Management of PCBs During Building Demolition Projects

Sections:

Section 7.29.010. Purpose.

Section 7.29.020. Definitions.

Section 7.29.030. Applicability.

Section 7.29.040. Exemptions.

Section 7.29.050. PCBs in Priority Building Materials Screening Assessment.

Section 7.29.060. Agency notification, abatement, and disposal for identified PCBs.

Section 7.29.070. Compliance with California and federal PCBs laws and regulations.

Section 7.29.080. Information submission and applicant certification.

Section 7.29.090. Recordkeeping.

Section 7.29.100. Obligation to notify city of Dublin of changes.

Section 7.29.110. Liability.

Section 7.29.120. Enforcement.

Section 7.29.130. Fees.

Section 7.29.140. City projects.

7.29.010. Purpose.

A. The provisions of this chapter shall be construed to accomplish the following purposes:

1. Require building demolition permit applicants (applicants) to conduct a PCBs in priority building materials screening assessment and submit information documenting the results of the screening. Such documentation to include: (a) the results of a determination whether the building proposed for demolition is high priority for PCBs- containing building materials based on the structure age, use, and construction; (b) the concentration of PCBs in each priority building material present; (c) for each priority building material present with a PCBs concentration equal to or greater than fifty (50) ppm, the approximate amount (linear feet or square feet) of that material in the building; and (d) provide evidence to the city of Dublin that PCBs in demolished buildings are properly managed to minimize transport to the municipal separate storm sewer system by obtaining and providing to the city official documentation of said disposal.

2. Inform applicants with PCBs present in one (1) or more of the priority building materials (based on the above screening assessment) that they must comply with all related applicable federal and state laws. This may include reporting to the U.S. Environmental Protection Agency (EPA), the San Francisco Bay Regional Water Quality Control Board 79 Dublin Municipal Code
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3. Meet the requirements of the Federal Clean Water Act, the California Porter-Cologne Water Quality Control Act, and the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit Order No. R2-2015-00492022-0018 (MRP), and any and all subsequent amendments, reissuances, or successor to this NPDES permit.

B. The requirements of this chapter do not replace or supplant the requirements of California or federal law, including but not limited to the Toxic Substances Control Act, 40 Code of Federal Regulations (CFR) Part 761, and California Code of Regulations (CCR) Title 22.

7.29.020. Definitions.

In addition to the general definitions applicable to this code, whenever used in this chapter, the following terms shall have the meanings set forth below:

A. “Applicable structure” means buildings constructed or remodeled from January 1, 1950, to December 31, 1980. Remodeling, partial building, wood framed structure, and single-family residence demolition projects are exempt.

B. “Applicant” means a person applying for a building demolition permit as required by Chapter

7.28. C. “Appropriate authority” means the building official or designee of the city of Dublin.

D. “Building” means a structure with a roof and walls standing more or less permanently in one (1) place. Buildings are intended for human habitation or occupancy.

E. “Demolition” means the wrecking, razing, or tearing down of any structure. This definition is intended to be consistent with the demolition activities undertaken by contractors with a C-21 building moving/demolition contractor’s license.

F. “DTSC” means the state of California Department of Toxic Substances Control.

G. “EPA” means the United States Environmental Protection Agency.

H. “PCBs” means polychlorinated biphenyls.

I. “PCBs in priority building materials screening assessment” means the two-step process used to: (1) determine whether the building proposed for demolition is high priority for PCBs- containing building materials based on the structure age, use, and construction; and if so, (2) determine the concentrations (if any) of PCBs in priority building materials revealed through existing information or representative sampling and chemical analysis of the priority building materials in the building. Directions for this process are provided in the priority building materials screening assessment applicant package.
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J. “Priority building materials” means the following:

1. Caulking, e.g., around windows and doors, at structure/walkway interfaces, and in expansion joints;

2. Thermal/fiberglass insulation, e.g., around HVAC systems, around heaters, around boilers, around heated transfer piping, and inside walls or crawlspaces;

3. Adhesive/mastic, e.g., below carpet and floor tiles, under roofing materials, and under flashing; and

4. Rubber window gaskets, e.g., used in lieu of caulking to seal around windows in steel- framed buildings.

K. “Priority building materials screening assessment applicant package” (applicant package) means a document package that includes an overview of the screening process, applicant instructions, a process flow chart, a screening assessment form, and the Protocol for Evaluating Priority PCBs-Containing Materials before Building Demolition (BASMAA 2018, prepared for the Bay Area Stormwater Management Agencies Association, August 2018, and any subsequent revisions thereof intended to address requirements in successor NPDES permits).

L. “Regional Water Board” means the California Regional Water Quality Control Board, San Francisco Bay Region.

M. “Remodel” means to make significant finish and/or structural changes that increase utility and appeal through complete replacement and/or expansion. A removed area reflects fundamental changes that include multiple alterations. These alterations may include some or all of the following: replacement of a major component (cabinet(s), bathtub, or bathroom tile); relocation of plumbing/gas fixtures/appliances; or significant structural alterations (relocating walls, and/or the addition of square footage).

7.29.030. Applicability.

This chapter applies to applicants for buildings constructed or remodeled from January 1, 1950, to December 31, 1980.

7.29.040. Exemptions.

Applications for remodeling, partial building wood framed structure, and single-family residence demolition projects are exempt.

7.29.050. PCBs in Priority Building Materials Screening Assessment.

Every applicant for a building demolition permit shall conduct a PCBs in priority building materials screening assessment, as followswhich is a two (2) step process:
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A. Determine whether the building proposed for demolition is high priority for PCBs- containing materials based on the structure age, use, and construction (i.e., whether the building is an applicable structure); and if so,

B. Demonstrate the presence or absence and concentration of PCBs in priority building materials through existing information or representative sampling and chemical analysis of the priority building materials in the building;.and,

C. Document that priority building materials with PCBs concentrations equal to or greater than 50 ppm in demolished applicable structures are disposed of appropriately and according to state and federal regulations; and

D. Document that enhanced construction site best management practices during the demolition process to minimize migration of PCBs into the municipal separate storm sewer system shall be implemented by the applicant. Enhanced construction site best management practices include the following:

1. Inspect demolition projects during the dry season (May 1 through September 30 of a given year);

2. Conduct additional wet season inspections, as necessary (beyond the once per month minimum required by the MRP);

3. Perform street sweeping daily throughout demolition and construction activities; and

4. Cover demolition debris with an impermeable liner until debris is removed from the project site.

Applicants shall follow the directions provided in the PCBs in priority building materials screening assessment applicant package (applicant package), which includes an overview of the process, applicant instructions, a process flow chart, a screening assessment form, and the Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition. Per the applicant package, for certain types of buildings built within a specified date range, the applicant must conduct further assessment to determine whether or not PCBs are present at concentrations greater than or equal to fifty (50) parts-per million. This determination is made via existing data on specific product formulations (if available), or, more likely, via conducting representative sampling of the priority building materials and analyzing the samples for PCBs at a certified analytical laboratory. Any representative sampling and analysis must be conducted in accordance with the Protocol for Assessing Priority PCBs-Containing Materials before Building Demolition. The applicant package provides additional details.

7.29.060. Agency notification, abatement, and disposal for identified PCBs. 82 Dublin Municipal Code
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When the PCBs in priority building materials screening assessment identifies one or more priority building materials with PCBs, the applicant must comply with all related applicable federal and state laws, including potential notification of the appropriate regulatory agencies, including the EPA, the Regional Water Board, and/or the DTSC. Agency contacts are provided in the applicant package. Additional sampling for and abatement of PCBs may be required.

Depending on the approach for sampling and removing building materials containing PCBs, the applicant may need to notify or seek advance approval from the EPA before building demolition. Even in circumstances where advance notification to or approval from the EPA is not required before the demolition activity, the disposal of PCBs waste is regulated under Toxic Substances Control Act. Additionally, the disposal of PCBs waste is subject to California Code of Regulations (CCR) Title 22 Section 66262. Official documentation shall be provided to the city of Dublin demonstrating proper disposal of PCBs containing building materials.

7.29.070. Compliance with California and federal PCBs laws and regulations.

Applicants must comply with all federal and California laws and regulations, including but not limited to health, safety, and environmental laws and regulations, that relate to management and cleanup of any and all PCBs, including but not limited to PCBs in priority building materials, other PCBs-contaminated materials, PCBs-contaminated liquids, and PCBs waste.

7.29.080. Information submission and applicant certification.

A. The applicant shall conduct a PCBs in priority building materials screening assessment and submit the associated information and results as part of the building demolition permit application, including the following:

1. Owner and project information, including location, year building was built, description of building construction type, and anticipated demolition date.

2. Determination of whether the building proposed for demolition is high priority for PCBs- containing building materials based on the structure age, use, and construction.

3. If high priority for PCBs-containing building materials based on the structure age, use, and construction, the concentration of PCBs in each priority building material present. If PCBs concentrations are determined via representative sampling and analysis, include a contractor’s report documenting the assessment which includes the completed quality assurance/quality control checklist from the Protocol for Assessing Priority PCBs- Containing Materials before Building Demolition and the analytical laboratory reports.

4. For each priority building material present with a PCBs concentration equal to or greater than fifty (50) parts-per million, the approximate amount (linear feet or square feet) of that material in the building.

B. Applicant’s certification of the accuracy of the information submitted. The appropriate authority may specify a format or guidance for the submission of the information. 83 Dublin Municipal Code
Chapter 7.29 MANAGEMENT OF PCBs DURING

BUILDING DEMOLITION PROJECTS

The Dublin Municipal Code is current through Ordinance 2-24, passed June 25, 2024.

7.29.090. Recordkeeping.

Those applicants conducting a building demolition project must maintain documentation of the results of the PCBs in priority building materials screening assessment for a minimum of five (5) years after submittal.

7.29.100. Obligation to notify city of Dublin of changes.

The applicant shall submit written notifications documenting any changes in the information submitted in compliance with this chapter.

The applicant shall submit the revised information to the appropriate authority when changes in project conditions affect the information submitted with the permit application.

7.29.110. Liability.

The applicant is responsible for safely and legally complying with the requirements of this chapter. Neither the issuance of a permit under the requirements of Chapter 7.28, nor the compliance with the requirements of this chapter or with any condition imposed by the issuing authority, shall relieve any person from responsibility for damage to persons or property resulting therefrom, or as otherwise imposed by law, nor impose any liability upon the city of Dublin for damages to persons or property.

7.29.120. Enforcement.

Failure to submit the information required in this chapter or submittal of false information will result in enforcement under Section 1.04.030.

7.29.130. Fees.

In addition to the fees required under Chapter 7.28, all applicants subject to this chapter shall deposit funds with the city of Dublin, and pay a fee based upon the fee schedule in effect at the time of the issuance of the demolition permit.

7.29.140. City Projects.

City of Dublin departments shall comply with all the requirements of this chapter except they shall not be required to obtain permits and approvals under this chapter for work performed within city of Dublin-owned properties and areas, such as rights-of-way.

84 STAFF REPORT

CITY COUNCIL

Agenda Item 6.1
DATE: September 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Adding a Low Carbon Concrete Requirement to the City’s Green Building Code in Coordination with the City’s Climate Action Plan Prepared by: Nelson Pureco, Plan Check Engineer, and Shannan Young, Environmental & Sustainability Manager
EXECUTIVE SUMMARY:

The City Council will consider introducing an ordinance amending the City’s Green Building Code to add a requirement for the use of low carbon concrete and adopting a related resolution. The low carbon concrete requirements are in alignment with the City of Dublin Climate Action Plan 2030 and Beyond, Measure MM-2, Reduce the Embodied Greenhouse Gas Emissions Associated with Building Materials.

STAFF RECOMMENDATION:

Take the following actions: 1) adopt the Resolution Approving Findings Regarding the Need for Local Amendments to Provisions in the California Green Building Standards Code as Adopted by the City; and 2) INTRODUCE the Ordinance Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section

7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete).

FINANCIAL IMPACT:

The cost associated with implementing the Ordinance is estimated to be approximately $85,000 to $140,000 per year for additional plan check and inspection time commitments. The costs may decrease over time as applicants become familiar with the requirements. These increased costs are accounted for in the City’s Master Fee Schedule adopted in June 2024. 85

DESCRIPTION:

Background
The City of Dublin adopted the Climate Action Plan 2030 and Beyond (CAP 2030) on September 15, 2020 (Resolution 100-20). CAP 2030 includes five strategies with 22 measures intended to reduce greenhouse gas emissions by 40 percent below 1990 levels by 2030 and to put the City on the path to reach carbon neutrality by 2045. The five strategies in CAP 2030 are:

Strategy 1 – Renewable and Carbon Free Electricity
Strategy 2 – Building Efficiency and Electrification
Strategy 3 – Sustainable Mobility and Land Use
Strategy 4 - Materials and Waste Management
Strategy 5 – Municipal Leadership
Included under Strategy 4 is Measure MM-2, Reduce the Embodied Greenhouse Gas Emissions (GHG) Associated with Building Materials. The embodied GHG emissions of a building are carbon dioxide or other GHGs generated by making and transporting building materials to a site, including mining, refining, and shipping. According to the Rocky Mountain Institute1, 11 percent of global GHG emissions are generated during the lifecycle of building materials and concrete production is responsible for approximately 8 percent of global carbon emissions. Although CAP 2030 did not quantify the embodied GHG emissions from the consumption of building materials, the inclusion of Measure MM-2 acknowledges the importance of addressing embodied emission to achieve the 2045 carbon neutrality goal.

Concrete is composed of an aggregate blend and cement. The GHG emissions associated with concrete can be reduced by minimizing cement use to the extent possible or by using cement alternatives called supplementary cementitious materials (SCMs). These include but are not limited to fly ash, slag, and glass pozzolans. Based on conversations with local ready-mix suppliers, Staff understands these cement alternatives to be locally available and have cost parity with cement. These low carbon concrete mixes are not new. The State of California Department of Transportation incorporated SCMs into the 2010 document “Guidelines for the Design & Inspection of Concrete” and noted that SCMs are cost effective and provide benefits to the strength, workability, permeability, and durability of concrete.

Based on Staff’s research and in alignment with the goals of CAP 2030, Staff proposes to amend the City’s Green Building Code to add a requirement for the use of low carbon concrete.

Analysis
The proposed Ordinance would add Sections 7.94.085 and 7.94.120 to Chapter 7.94, Green Building Code, of the Dublin Municipal Code (DMC).

The requirements are based on the low carbon concrete code adopted in 2019 by Marin County, who partnered with several entities and conducted robust stakeholder engagement to develop a

1 The Rocky Mountain Institute is an independent, non-partisan, non-profit organization of experts across disciplines working to accelerate the clean energy transition and improve lives. 86

regionally replicable building code amendment.

Requirements would be applicable to all projects that require a building permit and that use ready-mix concrete. Projects that use bagged concrete, shotcrete, gunite, stucco, and asphaltic concrete (asphalt) would be exempt. Projects would demonstrate compliance with the low carbon concrete code by either using the cement limit equation or through the embodied carbon pathway.

When using the embodied carbon method, the carbon in the concrete mix shall not exceed the values, as demonstrated via an Environmental Product Declaration (EPD) for the concrete mix. An EPD is a document that provides third-party verification of life-cycle analysis of products and goods.

If an applicant is unable to meet the limits, the applicant has the option to use an alternative compliance pathway to demonstrate reduced equivalent carbon emissions reductions from the remaining portions of the project. If the applicant is unable to provide sufficient evidence to demonstrate equivalent carbon emissions reductions, the Ordinance allows for the assessment of penalties based on the social cost of carbon as established by the United States Environmental Protection Agency. The Ordinance includes the calculation for assessing penalties. The current social cost of carbon is set at $190 per metric ton of carbon dioxide.

The initial implementation of the proposed Ordinance would be an education and outreach effort led by the Public Works Department in conjunction with the Community Development Department. To ensure a successful launch of the low carbon concrete code, Staff recommends adoption with an effective date of January 1, 2025.

The proposed modifications as described in Section 7.94.085 and 7.94.120 are necessary to limit carbon emissions associated with concrete construction, while ensuring adequate strength and durability for the intended use. Low carbon concrete is available locally and can be incorporated into projects occurring in the City. The reduction of greenhouse gas emissions from the use of low carbon concrete helps mitigate climate change and its negative effects such as extreme heat, droughts, intense storms, and flooding that may occur in the City, making these amendments reasonably necessary for local climatic reasons.

In calendar year 2023, 2,903 building permits were issued. Of those permits, 11.6 percent (338 permits) would have been subject to this ordinance while 17.2 percent (499 permits) would require further review to determine if the project met an exemption. Therefore, at least 71.2 percent of permits issued met an exception and would not require a review for compliance.

Based on the time it takes to review applications and enforce requirements during the plan check and inspection process, Staff estimates that the new requirements will add 45 minutes to the review time for smaller buildings, such as a single-family detached dwelling, to as much as four hours for a large commercial project. Review and inspection times will likely decrease over time as applicants, owners, contractors, and developers become more familiar with the standards.

The effect on residential projects depends on the scope of the project. See examples listed below:
 No Effect:
o Work that is exempt from a Building permit
87

o Water heater replacement permits
o Heating and air conditioning replacement permits
o Electrical permits
 Possible Minor Effect:
o Repair work
o New swimming pool permits without a concrete deck around the pool o Retaining walls
 Moderate Effect:
o New swimming pools with a concrete deck
o Small additions
o Accessory structures
o New landscaping permits with concrete pathways
 Full Effect:
o New buildings
o Accessory Dwellings Units
o Additions
Lastly, in order to amend our local Building Code, the City has to make certain legal findings that support the amendments to the State Code. Attached to this item is a resolution that makes those findings.

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

Two community meetings were held on April 10, 2024 to inform stakeholders of the potential Ordinance and requirements. A combined 20 people attended, including both contractors and developers. A few questions were addressed regarding the documentation and the timeframe of the process.

In accordance with State law, a public notice was published in the East Bay Times and posted at several locations throughout the City. The City Council Agenda was posted.

ATTACHMENTS:
1) Resolution Approving Findings Regarding the Need for Local Amendments to Provisions in the California Green Building Standards Code as Adopted by the City 2) Exhibit A to the Resolution – California Green Building Standards Code Findings 3) Ordinance Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete)
4) Underline Version of the Proposed Amendments to Chapter 7.94 of the Dublin Municipal Code 88 Attachment 1
Reso. No. XX-24, Item X.X, Adopted XX/XX/2024 Page 1 of 12 RESOLUTION NO. XX-24

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF DUBLIN

APPROVING FINDINGS REGARDING THE NEED FOR LOCAL AMENDMENTS TO

PROVISIONS IN THE CALIFORNIA GREEN BUILDING STANDARDS CODE AS ADOPTED

BY THE CITY
WHEREAS, Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the “Commission”), or at a later date established by the Commission; and
WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, California Health and Safety Code Sections 17958, 17958.5, 17958.7, and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological, or topographical conditions; and WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and WHEREAS, Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference; and WHEREAS, the Dublin City Council held a properly noticed public hearing on September 3, 2024, at which time all interested parties had an opportunity to be heard; and WHEREAS, the City Council of the City of Dublin intends to adopt an Ordinance adopting by reference provisions of the California Building Standards Code, with local amendments; and WHEREAS, the City Council has reviewed the reasons for proposed changes to the California Building Standards Code set forth below, attached hereto and hereinafter incorporated by reference.

NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby adopt the findings (Exhibit A), declare, and find that the local amendments to the provisions of the California Building Standards Code set forth below are reasonably necessary because of local climatic, 89 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 2 of 12 geologic, or topographical conditions in accordance with Health and Safety Code Section 17958.7 as further set forth below.

BE IT FURTHER RESOLVED that a copy of this Resolution, including items shown below, and Ordinance No. xx-24, Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete) shall be filed with the California Building Standards Commission in accordance with Health and Safety Code Section 17958.7.

Chapter 7.94

GREEN BUILDING CODE
Sections:

7.94.050 Section 202, Chapter 2, Definitions – Amended.

7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete – Added.

7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete – Added.

Section 7.94.050 of the Dublin Municipal Code is hereby amended to read as follows:

7.94.050 Section 202, Chapter 2, Definitions – Amended.

The following definitions are hereby added to Section 202 of the State Code to read as follows:

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment within the building or building property lines, and instead uses electric appliances for service.

ASPHALTIC CONCRETE. Commonly called asphalt, bituminous asphalt concrete, and bituminous mixture), consists of any composite material composed of mineral aggregate adhered with a binder and commonly used to surface roads and parking lots.

CALTRANS AUTHORIZED MATERIALS LIST. Cementitious Materials for use in concrete as updated from time to time. This list includes blended cement, Portland cement, fly ash, pozzolan, metakaolin pozzolan, silica fume, and slag materials.

CARBON CURE CONCRETE. A technology that introduces recycled CO₂ into fresh concrete to reduce its carbon footprint without compromising performance. Once injected, the CO₂ undergoes a mineralization process and becomes permanently embedded.

COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. Equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas. 90 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 3 of 12 CONCRETE. Any approved combination of mineral aggregates bound together into a hardened conglomerate in accordance with the requirements of this code. Concrete as defined in this Chapter does not include asphaltic concrete.

CO₂. Carbon Dioxide.

CO₂ INJECTION. The process of injecting CO ₂ into the cement mixture rather than water for purposes of curing the product.

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

ENVIRONMENTAL PRODUCT DECLARATION. Present quantified environmental information on the life cycle of a product based on the results of a comprehensive Life Cycle Assessment (LCA) to enable comparisons between products fulfilling the same function. Environmental Product Declarations must conform to International Organization for Standardization 14025 accreditation and European Standard EN 15804, or International Organization for Standardization 21930 accreditation, and have at least a “cradle to grave” scope (which covers product life cycle from resource extraction to the factory).

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.

GREENHOUSE GAS (GHG). Any gas that has the property of absorbing infrared radiation (net heat energy) emitted from Earth’s surface and reradiating it back to Earth’s surface, thus contributing to the greenhouse effect. GHG gasses include carbon dioxide, methane, nitrous oxides, and water vapor.

PLAIN CONCRETE. Concrete that contains no steel reinforcement in the form of rods, bars, or mesh or containing not more than two tenths of one percent of reinforcing.

READY-MIX CONCRETE. Concrete that is batched for delivery from a central plant instead of being mixed on the job site. Each batch of ready-mixed concrete is tailor-made according to the specifics of the contractor and is delivered to the contractor in a plastic condition, usually in the cylindrical trucks often known as cement mixers.

REINFORCED CONCRETE. Concrete in which reinforcing steel in the form of rods, bars, or mesh—is inserted into the concrete to absorb the tensile, shear, and sometimes compressive stresses in a concrete structure.

SECONDARY CEMENTITIOUS MATERIALS (SCM’S). Materials that include, but are not limited to, ground granulated blast furnace slag (ggbs), fly ash, metakaolin pozzolan, pozzolan, silica fume, and Belterra clay.

UPFRONT EMBODIED CARBON (EMBODIED CARBON). The emissions, including greenhouse gasses, released before the built asset is used. The release of emissions occurs in material extraction, transportation, manufacturing, and installing building materials on site. Upfront embodied carbon also includes operational and end-of-life emissions associated with materials.

Section 7.94.085 is hereby added to the Dublin Municipal Code to read as follows:
91 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 4 of 12

7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete-Added.

A new Section 4.420 is added to read:

4.420 Low Carbon Concrete Requirements.

4.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition.

4.4.20.1.2 Applicability . The requirements of this section shall only be applicable to projects that require a building permit.

4.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 4.420.3.2 through

4.420.3.5.

Table 4.420.3: Cement and Embodied Carbon Limit Pathways Cement limits
for use with any compliance
method

4.420.3.2 through 4.420.3.5
Embodied Carbon limits
for use with any compliance
method

4.420.3.2 through 4.420.3.5
Minimum
specified
compressive
strength f’c , psi
Maximum ordinary Portland
cement content, lbs/yd3 (1)
Maximum embodied carbon kg
CO2e/m3, per Environmental
Product Declaration
up to 2500 362 260
2501-3000 410 289
3001-4000 456 313
4001-5000 503 338
5001-6000 531 356
6001-7000 594 394
Greater than
7000
657 433
up to 3000 light
weight
512 578
Up to 4000 light
weight
571 626
4001-5000 light
weight
629 675
Notes (1) Portland cement of any type per ASTM C150.
92 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 5 of 12

4.420.3.1 Allowable Increases
(1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant-specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is:
1040 / plant-specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 4.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete.

4.420.3.2 Cement Limit Method – Mix
Cement content of a concrete mix using this method shall not exceed the value shown in Table 4.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi.

4.120.3.3. Cement Limit Method – Project
Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 4.420.3.3.

Equation 4.420.3.3:

Σ(Cemn)(vn) ≤ Σ(Cemlim)(vn)
Where,
n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemlim = the maximum cement content for mixture n per Table 4.420.3, kg/m 3 or lb/yd3
vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout.

4.420.3.4 Embodied Carbon Method – Mix
Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 4.420.3. 93 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 6 of 12

4.420.3.5 Embodied Carbon Method – Project
Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 4.420.3 and Equation

4.420.3.5.

Equation 4.420.3.5:

Σ(ECn )(vn ) ≤ Σ(EClim )(vn )
Where,
n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3
EClim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3
vn = the volume of mixture n concrete to be placed, yd3 or m3

4.420.3.6 Verification and Enforcement
Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low-Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low-Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction.

As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low-Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low-Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete.

When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than EClim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows:

Pm = (ECx)($190) + A
94 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 7 of 12 Where,
Pm = the maximum penalty ($)
ECx = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5.
$190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City’s Master Fee Schedule.

For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed.

4.420.3.7 Exemptions
(a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 4.420 (b) Projects that do not involve the placement of ready-mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 4.420 (d) Due to lack of commercial availability of low-carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements. (e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a project subject to section

4.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 4.420, the applicant may request an exemption as set forth below.

In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following:
(1) There is a lack of commercially available material necessary to comply with section 4.420;
(2) The cost of achieving compliance is disproportionate to the overall cost of the project;
(3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 4.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 4.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 4.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official.
95 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 8 of 12 (h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 4.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance.

Section 7.94.120 is hereby added to the Dublin Municipal Code to read as follows:

7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete-Added.

A new Section 5.420 is added to read:

5.420 Low Carbon Concrete Requirements.

5.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition.

5.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit.

5.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 5.420.3.2 through

5.420.3.5.

Table 5.420.3: Cement and Embodied Carbon Limit Pathways Cement limits
for use with any compliance
method

5.420.3.2 through 5.420.3.5
Embodied Carbon limits
for use with any compliance
method

5.420.3.2 through 5.420.3.5
Minimum
specified
compressive
strength f’c , psi
Maximum ordinary Portland
cement content, lbs/yd3 (1)
Maximum embodied carbon kg
CO2e/m3, per Environmental
Product Declaration
up to 2500 362 260
2501-3000 410 289
3001-4000 456 313
4001-5000 503 338
5001-6000 531 356
6001-7000 594 394
Greater than
7000
657 433
up to 3000 light
weight
512 578
96 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 9 of 12 Up to 4000 light
weight
571 626
4001-5000 light
weight
629 675
Notes (1) Portland cement of any type per ASTM C150.

5.420.3.1 Allowable Increases
(1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant-specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is:
1040 / plant-specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 5.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete.

5.420.3.2 Cement Limit Method – Mix
Cement content of a concrete mix using this method shall not exceed the value shown in Table 5.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi.

5.120.3.3. Cement Limit Method – Project
Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 5.420.3.3.

Equation 5.420.3.3:

Σ(Cemn)(vn) ≤ Σ(Cemlim)(vn)
Where,
n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemlim = the maximum cement content for mixture n per Table 5.420.3, kg/m 3 or lb/yd3
97 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 10 of 12 vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout.

5.420.3.4 Embodied Carbon Method – Mix
Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 5.420.3.

5.420.3.5 Embodied Carbon Method – Project
Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 5.420.3 and Equation

5.420.3.5.

Equation 5.420.3.5:

Σ(ECn )(vn ) ≤ Σ(EClim )(vn )
Where,
n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3
EClim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3
vn = the volume of mixture n concrete to be placed, yd3 or m3

5.420.3.6 Verification and Enforcement
Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low-Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low-Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction.

As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low-Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low-Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete.

When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate 98 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 11 of 12 alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than EClim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows:

Pm = (ECx)($190) + A
Where,
Pm = the maximum penalty ($)
ECx = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5.
$190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City’s Master Fee Schedule.

For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed.

5.420.3.7 Exemptions
(a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 5.420. (b) Projects that do not involve the placement of ready-mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 5.420 (d)Due to lack of commercial availability of low-carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements. (e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a project subject to section

5.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 5.420, the applicant may request an exemption as set forth below.

In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following:
(1) There is a lack of commercially available material necessary to comply with section 5.420;
(2) The cost of achieving compliance is disproportionate to the overall cost of the project;
(3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state, or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 5.420 and that granting the requested exemption will not cause the building to fail to comply with the California 99 Reso. No. xx-24, Item X.X, Adopted XX/XX/2024 Page 12 of 12 Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 5.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 5.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official.
(h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 5.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance.

PASSED, APPROVED AND ADOPTED this 3rd day of September 2024, by the following votes.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Mayor
ATTEST:
___________________________________
City Clerk
100
Attachment 2
Exhibit A to Resolution California Green Building Standards Code Findings Exhibit A

FINDINGS FOR AMENDMENT AND ADDITIONS TO THE CALIFORNIA GREEN BUILDING

STANDARDS CODE
A. General Findings.

The Dublin City Council makes the following general findings regarding regional and local climatic conditions, which the City Council finds necessitates the local modifications to the California Building Standards Code set forth below:

The City of Dublin’s weather is primarily influenced by its Mediterranean climate that typically boasts dry summers and wet winters, with summer conditions ranging from warm to hot and winter conditions typically being mild to cool. Observed local climatic conditions typically include a low amount of average yearly rainfall, which tends to be concentrated during the months of October through April. The months of May through September are typically dry where daily temperatures remain high. Except for infrequent monsoonal moisture originating from the south, there is little measurable precipitation during these months.

In addition to the influence of the Mediterranean climate, the local climate is further influenced by the presence of the North Pacific High (NPH) which is a semi-permanent area of high pressure in the North Pacific Ocean that is strongest in the summer and shifts to the equator in the winter. The NPH however, has also been known to remain in place during winter months leading to drought conditions. During the 2011–2017 California drought, the NPH persisted longer than usual, due to a mass of warm water in the Pacific Ocean. In addition to influencing weather patterns, the persistence of high pressure in a region can also lead to air stagnation trapping air pollutants including Carbon Dioxide (CO2) which is a primary source of air pollution and a greenhouse gas that contributes to climate change.

The concrete industry is a significant contributor to global greenhouse gas emissions as concrete production accounts for 4% to 8% of global CO2 emissions. In concrete production, CO2 is emitted due to the chemical reaction when limestone is heated in kilns to form cement and from the fuel used to heat the kilns. The CO 2 emissions from the cement production, material extraction, transportation, and installation become part of the embodied carbon of projects that include concrete in construction projects.

The reduction of CO2 emissions in the production of concrete can be achieved through a variety of methods including replacing a portion of the cement in concrete with secondary cementitious materials (SCMs) during the manufacturing process. Such materials include, but are not limited to, ground granulated blast furnace slag, silica, natural pozzolan, fly ash, and uncalcined limestone. These materials are lower in embodied carbon since these materials do not give off CO2 as part of the cement manufacturing process. By substituting these SCMs for a portion of the cement in concrete, the CO2 emissions of the concrete are reduced. 101

The economics of producing low carbon concrete are also more favorable than producing common Portland cement. This is accomplished through the reduction of fossil fuels used in the heating of limestone (parent material of Portland cement) and the use of SCMs as a former waste product.

The adoption of low carbon concrete standards will assist the State of California, the San Bay Area, and the City of Dublin in the overall reduction of greenhouse gasses.

Global climate change imposes substantial and local impacts and risks on the San Francisco Bay Area, and thus the City of Dublin, including rising temperatures, changing precipitation patterns and amounts, sea level rise, flooding, drought, and wildfire.

A general summary of climate risks facing the San Francisco Bay Area and the City of Dublin are as follows:
 Increased temperatures and extreme heat events. The Bay Area is expected to see an increase in average annual temperature of 2.7°F by 2050, and 3.5°F to 11°F by 2100.
 Reduction in the Quality and Supply of Water in the Sierra Snowpack. If heat- trapping emissions continue unabated, more precipitation will fall as rain instead of snow, and the snow that does fall will melt earlier, reducing the Sierra Nevada spring snowpack by as much as 70% to 90%. This can lead to challenges in securing adequate water supplies. It can also lead to a potential reduction in hydropower.  Changes in Rainfall Intensity. By mid-century, more precipitation is projected to occur in winter in the form of less frequent but larger events. Most climate models predict drying trends across the State by 2100.
 Increased Risk of Large Wildfires. A hotter, drier climate could promote up to 90% more Northern California fires by the end of the century by drying out and increasing the flammability of forest vegetation.
 Exacerbation of Air Quality Problems. If temperatures rise to the medium warming range, there could be 75% to 85% more days with weather conducive to ozone formation, relative to today’s conditions. This is more than twice the increase expected if rising temperatures remain in the lower warming range. This increase in air quality problems could result in an increase in asthma and other health-related problems. The average air quality index in Dublin has consistently worsened over time and is lower than the State and national averages. The air quality index also worsens during extreme heat and wildfire events, As the air quality index increases, an increasingly large percentage of the Dublin population is likely to experience increasingly adverse health effects.

B. Specific Findings.

The Dublin City Council hereby makes the following specific findings, which, in addition to the general findings regarding the production of concrete and low carbon concrete approves local modifications to the California Building Standards Code as cited below:

California Green Building Standards Code
102

7.94.050 Section 202, Chapter 2 Definitions – Amended.

7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete – Added.

7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete – Added.

FINDING: The amendment and additions are needed due to local climatic conditions.

Incorporating low-carbon concrete into building construction has a significant and positive effect on resource efficiency resulting in the reduction of waste and pollution. Low carbon concrete meets or exceeds the same performance standards as traditional concrete thus ensuring building structural integrity. Low carbon concrete is available locally and can feasibly be incorporated into projects occurring in the City. Producing low carbon concrete results in fewer emissions of CO2, a greenhouse gas, resulting in the reduction of heat absorption in the atmosphere. The reduction of greenhouse gas emissions from the use of low carbon concrete helps mitigate climate change and its negative effects such as extreme heat events, droughts, intense storms, and flooding, that may occur in the City thus making these amendments reasonably necessary because of local climactic conditions.
103
Attachment 3
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 1 of 13 ORDINANCE NO. xx – 24

AN ORDINANCE OF THE CITY COUNCIL

OF THE CITY OF DUBLIN
APPROVING AMENDMENTS TO THE DUBLIN MUNICIPAL CODE CHAPTER 7.94 (GREEN BUILDING CODE) TO AMEND SECTION 7.94.050 (DEFINITIONS) AND TO ADD SECTION

7.94.085 (LOW CARBON CONCRETE) AND SECTION 7.94.120 (LOW CARBON

CONCRETE)
The Dublin City Council does ordain as follows:

SECTION 1. RECITALS.

A. Health and Safety Code Section 18938 makes provisions published in the California Building Standards Code pursuant to Health and Safety Code Section 17922 applicable to all occupancies throughout the State and effective one hundred and eighty days after publication by the California Building Standards Commission (the “Commission”), or at a later date established by the Commission.

B. California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 establish the authority for a city to adopt and make local amendments and modifications to the building standards in the California Building Standards Code to establish more restrictive building standards than those contained in the California Building Standards Code.

C. California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 permit a city to make such local amendments and modifications as the city determines are reasonably necessary because of local climatic, geological, or topographical conditions.

D. California Health and Safety Code Sections 17958, 17958.5, 17958.7 and 18941.5 require a city, before making any amendments and modifications to the California Building Standards Code, make an express finding that such amendments and modifications are reasonably necessary because of local climatic, geological, or topographical conditions.

E. Under Health and Safety Code Section 17958.7, changes pursuant to Health and Safety Code Section 17958.5 may not become effective until the required findings, and the changes, have been filed with the California Building Standards Commission; and F. Government Code Section 50022.2 permits enactment of City Ordinances that adopt codes or statutes, including codes of the State of California, by reference.

G. A Staff Report was submitted to the Dublin City Council recommending approval of the proposed amendments to Dublin Municipal Code Chapter 7.94 (Green Building Code).

H. The City Council held a public hearing on the proposed amendments to Dublin Municipal Code Chapter 7.94 (Green Building Code) on September 3, 2024, at which time all interested persons had an opportunity to be heard.

I. Proper notice of said hearing was given in all respects as required by law. 104
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 2 of 13 J. The City Council did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgement to evaluate the amendments.

Section 2. EFFECT OF CODE ON PAST ACTIONS AND OBLIGATIONS.

The adoption of the Dublin Building Code, 2022, does not affect any civil lawsuit instituted or filed or prosecutions for ordinance violations committed on or prior to the effective date of said Code, does not waive any fee or penalty due and unpaid prior to the effective date of said Code, and does not affect the validity of any bond or cash deposit posted, filed or deposited pursuant to the requirements of any ordinance.

Section 3. REFERENCES TO PRIOR CODE.

Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of the former Dublin Building Code, 2019, shall be construed to apply to the corresponding provisions contained within the Dublin Building Code, 2022.

Section 4. No penalty clauses are adopted by reference pursuant to this Ordinance. While Chapter 7.94 of the Dublin Municipal Code remain in force, a reasonable supply of the incorporated codes shall be available in the office of the City Clerk for public purchase.

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.

This Ordinance shall take effect on January 1, 2025. 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 Government Code Section 36933.

Section 7. CEQA FINDING.

The City Council hereby finds that the adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) pursuant to California Code of Regulations Title 14, sections 15002 and 15378 as this Ordinance is not a “project” within the meaning of the State CEQA Guidelines. Specifically, this Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because it does not authorize the construction of any new large structures or other physical changes resulting in impacts to the environment.

Section 8. AMENDMENT 7.94.050 OF THE DUBLIN MUNICIPAL CODE.

Section 7.94.050 of the Dublin Municipal Code is hereby amended to read as follows:

7.94.050 Section 202, Chapter 2, Definitions – Amended. 105
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 3 of 13 The following definitions are hereby added to Section 202 of the State Code to read as follows:

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment within the building or building property lines, and instead uses electric appliances for service.

ASPHALTIC CONCRETE. Commonly called asphalt, bituminous asphalt concrete, and bituminous mixture), consists of any composite material composed of mineral aggregate adhered with a binder and commonly used to surface roads and parking lots.

CALTRANS AUTHORIZED MATERIALS LIST. Cementitious Materials for use in concrete as updated from time to time. This list includes blended cement, Portland cement, fly ash, pozzolan, metakaolin pozzolan, silica fume, and slag materials.

CARBON CURE CONCRETE. A technology that introduces recycled CO₂ into fresh concrete to reduce its carbon footprint without compromising performance. Once injected, the CO₂ undergoes a mineralization process and becomes permanently embedded.

COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. Equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

CONCRETE. Any approved combination of mineral aggregates bound together into a hardened conglomerate in accordance with the requirements of this code. Concrete as defined in this Chapter does not include asphaltic concrete.

CO₂. Carbon Dioxide.

CO₂ INJECTION. The process of injecting CO ₂ into the cement mixture rather than water for purposes of curing the product.

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

ENVIRONMENTAL PRODUCT DECLARATION. Present quantified environmental information on the life cycle of a product based on the results of a comprehensive Life Cycle Assessment (LCA) to enable comparisons between products fulfilling the same function. Environmental Product Declarations must conform to International Organization for Standardization 14025 accreditation and European Standard EN 15804, or International Organization for Standardization 21930 accreditation, and have at least a “cradle to grave” scope (which covers product life cycle from resource extraction to the factory).

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these. 106
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 4 of 13 GREENHOUSE GAS (GHG). Any gas that has the property of absorbing infrared radiation (net heat energy) emitted from Earth’s surface and reradiating it back to Earth’s surface, thus contributing to the greenhouse effect. GHG gasses include carbon dioxide, methane, nitrous oxides, and water vapor.

PLAIN CONCRETE. Concrete that contains no steel reinforcement in the form of rods, bars, or mesh or containing not more than two tenths of one percent of reinforcing.

READY-MIX CONCRETE. Concrete that is batched for delivery from a central plant instead of being mixed on the job site. Each batch of ready-mixed concrete is tailor-made according to the specifics of the contractor and is delivered to the contractor in a plastic condition, usually in the cylindrical trucks often known as cement mixers.

REINFORCED CONCRETE. Concrete in which reinforcing steel in the form of rods, bars, or mesh—is inserted into the concrete to absorb the tensile, shear, and sometimes compressive stresses in a concrete structure.

SECONDARY CEMENTITIOUS MATERIALS (SCM’S). Materials that include, but are not limited to, ground granulated blast furnace slag (ggbs), fly ash, metakaolin pozzolan, pozzolan, silica fume, and Belterra clay.

UPFRONT EMBODIED CARBON (EMBODIED CARBON). The emissions, including greenhouse gasses, released before the built asset is used. The release of emissions occurs in material extraction, transportation, manufacturing, and installing building materials on site. Upfront embodied carbon also includes operational and end-of-life emissions associated with materials.

Section 9. ADDITION OF 7.94.085 TO THE DUBLIN MUNICIPAL CODE.

Section 7.94.085 is hereby added to the Dublin Municipal Code to read as follows:

7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete-Added.

A new Section 4.420 is added to read:

4.420 Low Carbon Concrete Requirements.

4.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition.

4.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit.

4.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 4.420.3.2 through

4.420.3.5.

Table 4.420.3: Cement and Embodied Carbon Limit Pathways 107
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 5 of 13 Cement limits
for use with any compliance
method

4.420.3.2 through 4.420.3.5
Embodied Carbon limits
for use with any compliance
method

4.420.3.2 through 4.420.3.5
Minimum
specified
compressive
strength f’c , psi
Maximum ordinary Portland
cement content, lbs/yd3 (1)
Maximum embodied carbon kg
CO2e/m3, per Environmental
Product Declaration
up to 2500 362 260
2501-3000 410 289
3001-4000 456 313
4001-5000 503 338
5001-6000 531 356
6001-7000 594 394
Greater than
7000
657 433
up to 3000 light
weight
512 578
Up to 4000 light
weight
571 626
4001-5000 light
weight
629 675
Notes (1) Portland cement of any type per ASTM C150.

4.420.3.1 Allowable Increases
(1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant-specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is:
1040 / plant-specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 4.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete.

4.420.3.2 Cement Limit Method – Mix
Cement content of a concrete mix using this method shall not exceed the value shown in Table 4.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi.
108
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 6 of 13

4.120.3.3. Cement Limit Method – Project
Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 4.420.3.3.

Equation 4.420.3.3:

Σ(Cemn)(vn) ≤ Σ(Cemlim)(vn)
Where,
n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemlim = the maximum cement content for mixture n per Table 4.420.3, kg/m 3 or lb/yd3
vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout.

4.420.3.4 Embodied Carbon Method – Mix
Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 4.420.3.

4.420.3.5 Embodied Carbon Method – Project
Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 4.420.3 and Equation

4.420.3.5.

Equation 4.420.3.5:

Σ(ECn )(vn ) ≤ Σ(EClim )(vn )
Where,
n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3
EClim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3
vn = the volume of mixture n concrete to be placed, yd3 or m3

4.420.3.6 Verification and Enforcement
109
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 7 of 13 Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low-Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low-Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction.

As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low-Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low-Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete.

When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than EClim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows:

Pm = (ECx)($190) + A
Where,
Pm = the maximum penalty ($)
ECx = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5.
$190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City’s Master Fee Schedule.

For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed.

4.420.3.7 Exemptions
(a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 4.420 (b) Projects that do not involve the placement of ready-mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 4.420 (d) Due to lack of commercial availability of low-carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements. (e) Small projects as approved by the Building Official. 110
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 8 of 13 (f) Hardship or infeasibility exemption. If an applicant for a project subject to section

4.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 4.420, the applicant may request an exemption as set forth below.

In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following:
(1) There is a lack of commercially available material necessary to comply with section 4.420;
(2) The cost of achieving compliance is disproportionate to the overall cost of the project;
(3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 4.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 4.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 4.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official.
(h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 4.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance.

Section 10. ADDITION OF 7.94.120 TO THE DUBLIN MUNICIPAL CODE.

Section 7.94.120 is hereby added to the Dublin Municipal Code to read as follows:

7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete-Added.

A new Section 5.420 is added to read:

5.420 Low Carbon Concrete Requirements.

5.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition.
111
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 9 of 13

5.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit.

5.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections 5.420.3.2 through

5.420.3.5.

Table 5.420.3: Cement and Embodied Carbon Limit Pathways Cement limits
for use with any compliance
method

5.420.3.2 through 5.420.3.5
Embodied Carbon limits
for use with any compliance
method

5.420.3.2 through 5.420.3.5
Minimum
specified
compressive
strength f’c , psi
Maximum ordinary Portland
cement content, lbs/yd3 (1)
Maximum embodied carbon kg
CO2e/m3, per Environmental
Product Declaration
up to 2500 362 260
2501-3000 410 289
3001-4000 456 313
4001-5000 503 338
5001-6000 531 356
6001-7000 594 394
Greater than
7000
657 433
up to 3000 light
weight
512 578
Up to 4000 light
weight
571 626
4001-5000 light
weight
629 675
Notes (1) Portland cement of any type per ASTM C150.

5.420.3.1 Allowable Increases
(1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant-specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is:
1040 / plant-specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 5.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include 112
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 10 of 13 but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete.

5.420.3.2 Cement Limit Method – Mix
Cement content of a concrete mix using this method shall not exceed the value shown in Table 5.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi.

5.120.3.3. Cement Limit Method – Project
Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 5.420.3.3.

Equation 5.420.3.3:

Σ(Cemn)(vn) ≤ Σ(Cemlim)(vn)
Where,
n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemlim = the maximum cement content for mixture n per Table 5.420.3, kg/m 3 or lb/yd3
vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout.

5.420.3.4 Embodied Carbon Method – Mix
Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 5.420.3.

5.420.3.5 Embodied Carbon Method – Project
Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 5.420.3 and Equation

5.420.3.5.

Equation 5.420.3.5:

Σ(ECn )(vn ) ≤ Σ(EClim )(vn )
Where,
n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3
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Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 11 of 13 EClim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3
vn = the volume of mixture n concrete to be placed, yd3 or m3

5.420.3.6 Verification and Enforcement
Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low-Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low-Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction.

As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low-Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low-Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete.

When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than EClim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows:

Pm = (ECx)($190) + A
Where,
Pm = the maximum penalty ($)
ECx = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5.
$190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City’s Master Fee Schedule.

For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed.

5.420.3.7 Exemptions
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Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 12 of 13 (a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 5.420. (b) Projects that do not involve the placement of ready-mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 5.420 (d)Due to lack of commercial availability of low-carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements. (e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a project subject to section

5.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 5.420, the applicant may request an exemption as set forth below.

In applying for an exemption, the burden is on the applicant to show hardship or infeasibility. The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following:
(1) There is a lack of commercially available material necessary to comply with section 5.420;
(2) The cost of achieving compliance is disproportionate to the overall cost of the project;
(3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state, or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8). (g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 5.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 5.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 5.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official.
(h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 5.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance.
{Signatures on the following page}
115
Ord. No. XX-24, Item X.X, Adopted XX/XX/24 Page 13 of 13 PASSED AND ADOPTED BY the City Council of the City of Dublin on this ___ day of _______ 2024, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Mayor
ATTEST:
_________________________________
City Clerk
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Attachment 4
Chapter 7.94

GREEN BUILDING
Sections:

7.94.010 Title.

7.94.020 Purpose.

7.94.030 Adoption of the Green Building Code.

7.94.040 Scope.

7.94.050 Section 202, Chapter 2 Definitions – Amended.

7.94.060 Section 4.106.4 Electric vehicle (EV) charging for new construction – Deleted and Replaced.

7.94.070 Sections 4.106.5, 4.106.5.1, and 4.106.5.2 All Electric Buildings – Added.

7.94.080 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems-Added.

7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete- Added.

7.94.090 Sections 5.106.5.3 and 5.106.5.3.1 Electric vehicle (EV) charging. – Deleted and Replaced.

7.94.100 Section 5.106.13, 5.106.13.1 and 5.106.13.2 All electric buildings. – Added.

7.94.110 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems-Added.

7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete- Added.

7.94.010 Title.

The green building standards codes adopted by Section 7.94.030 and the provisions of this Chapter shall constitute the Dublin Green Building Code and may be referred to as such.

7.94.020 Purpose.

A. To improve public health, safety, and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices in the following categories:

1. Planning and design

2. Energy efficiency

3. Water efficiency and conservation

4. Material conservation and resource efficiency

5. Environmental quality
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B. The purpose of this Code is not to create or otherwise establish or designate any particular class or groups of persons who will or should be especially protected or benefited by the terms of this Code.

7.94.030 Adoption of the Green Building Code.

A. The 2022 California Green Building Standards Code, Part 11, Title 24 of the California Code of Regulations, a portion of the California Building Standards Code, as defined in the California Health and Safety Code Section 18901 et. seq. (hereinafter referred to as the "State Code"), and any rules and regulations promulgated pursuant thereto, as referenced in and adopted pursuant to California Health and Safety Code Sections 17922 and 18935, are hereby adopted and incorporated by reference herein.

Copies of the adopted codes have been and are now filed in the Office of the Building Official, 100 Civic Plaza, Dublin, California, for use and examination by the public. Said codes are adopted by reference pursuant to Section 50022.4, et seq., of the Government Code of the State of California, and the codes are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Dublin.

B. Notwithstanding the provisions of Section 7.94.030.A, the State Code is amended as set forth in Sections 7.94.050 through 7.94.120.

7.94.040 Scope.

A. The provisions of this Code shall apply to the planning, design, operation, construction, use and occupancy of every newly constructed building or structure, unless otherwise indicated in this Code, within the City.

B. It is not the intent that this Code substitute or be identified as meeting the certification requirements of any green building program.

7.94.050 Section 202, Chapter 2, Definitions – Amended.

The following definitions are hereby added to Section 202 of the State Code to read as follows:

ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment within the building or building property lines, and instead uses electric appliances for service.

ASPHALTIC CONCRETE. Commonly called asphalt, bituminous asphalt concrete, and bituminous mixture), consists of any composite material composed of mineral aggregate adhered with a binder and commonly used to surface roads and parking lots.
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CALTRANS AUTHORIZED MATERIALS LIST. Cementitious Materials for use in concrete as updated from time to time. This list includes blended cement, Portland cement, fly ash, pozzolan, metakaolin pozzolan, silica fume, and slag materials.

CARBON CURE CONCRETE. A technology that introduces recycled CO₂ into fresh concrete to reduce its carbon footprint without compromising performance.

Once injected, the CO₂ undergoes a mineralization process and becomes permanently embedded.

COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. Equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.

COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.

CONCRETE. Any approved combination of mineral aggregates bound together into a hardened conglomerate in accordance with the requirements of this code.

Concrete as defined in this Chapter does not include asphaltic concrete.

CO₂. Carbon Dioxide.

CO₂ INJECTION. The process of injecting CO₂ into the cement mixture rather than water for purposes of curing the product.

ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.

ENVIRONMENTAL PRODUCT DECLARATION. Present quantified
environmental information on the life cycle of a product based on the results of a comprehensive Life Cycle Assessment (LCA) to enable comparisons between products fulfilling the same function. Environmental Product Declarations must conform to International Organization for Standardization 14025 accreditation and European Standard EN 15804, or International Organization for Standardization 21930 accreditation, and have at least a “cradle to grave” scope (which covers product life cycle from resource extraction to the factory).

FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
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GREENHOUSE GAS (GHG). Any gas that has the property of
absorbing infrared radiation (net heat energy) emitted from Earth’s surface and reradiating it back to Earth’s surface, thus contributing to the greenhouse effect. GHG gasses include carbon dioxide, methane, nitrous oxides, and water vapor.

PLAIN CONCRETE. Concrete that contains no steel reinforcement in the form of rods, bars, or mesh or containing not more than two tenths of one percent of reinforcing.

READY-MIX CONCRETE. Concrete that is batched for delivery from a central plant instead of being mixed on the job site. Each batch of ready-mixed concrete is tailor-made according to the specifics of the contractor and is delivered to the contractor in a plastic condition, usually in the cylindrical trucks often known as cement mixers.

REINFORCED CONCRETE. Concrete in which reinforcing steel in the form of rods, bars, or mesh—is inserted into the concrete to absorb the tensile, shear, and sometimes compressive stresses in a concrete structure.

SECONDARY CEMENTITIOUS MATERIALS (SCM’S).Materials that include, but are not limited to, ground granulated blast furnace slag (ggbs), fly ash, metakaolin pozzolan, pozzolan, silica fume, and Belterra clay.

UPFRONT EMBODIED CARBON (EMBODIED CARBON). The emissions, including greenhouse gasses, released before the built asset is used. The release of emissions occurs in material extraction, transportation, manufacturing, and installing building materials on site. Upfront embodied carbon also includes operational and end-of-life emissions associated with materials.

7.94.060 Section 4.106.4 Electric vehicle (EV) charging for new construction – Deleted and Replaced.

Section 4.106.4 is deleted and replaced with Section A4.106.8 to read:

A4.106.8 Electric vehicle (EV) charging for new construction is adopted as mandatory at the Tier 2 level.

7.94.070 Sections 4.106.5, 4.106.5.1, and 4.106.5.2 All Electric Buildings – Added.

Sections 4.106.5, 4.106.5.1, and 4.106.5.2 are added to read:

4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to accommodate installation of electric heating appliances.
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4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Qualifying alteration projects shall be limited to additions or alterations that remove 50 percent or more of the existing exterior walls of a dwelling and additions that increase the square footage of the structure by more than 50 percent.

The final determination whether a project meets the definition of a qualifying alteration project shall be made by the Building Official Exception:

If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the Building Official may grant a modification. The applicant shall comply with the following and Section 4.106.5.2.

Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter.

The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.

The Building Official shall have the authority to approve alternative materials and methods of construction as per the Dublin Municipal Code, Chapter 7.28.

4.106.5.2 Requirements for combustion equipment.

Where combustion equipment is allowed under subsection 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no 121

obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

7.94.080 Section 4.107.1, Division 4.1, Chapter 4, Future access for solar systems-Added.

A new Section 4.107.1 is added to read:

4.107.1 Future Access for Solar Systems. A minimum one-inch (25.4 mm) electrical conduit shall be provided from the electrical service equipment to the solar zone as defined by the California Energy Code, Title 24, Part 6, Section 110.10. Where a solar zone is not required by the California Energy Code, the conduit location shall be subject to approval of the Building Official.

Exception: Where solar is installed as part of the original construction and prior to first occupancy.

7.94.085 Section 4.420, Division 4.4, Chapter 4, Low Carbon Concrete- Added.

A new Section 4.420 is added to read:

4.420 Low Carbon Concrete Requirements.

4.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and 122

at the same time reduces greenhouse gas emissions associated with concrete composition.

4.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit.

4.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections

4.420.3.2 through 4.420.3.5.

Table 4.420.3: Cement and Embodied Carbon Limit Pathways Cement limits
for use with any compliance
method

4.420.3.2 through 4.420.3.5
Embodied Carbon limits
for use with any compliance
method

4.420.3.2 through 4.420.3.5
Minimum
specified
compressive
strength f’c , psi
Maximum ordinary Portland
cement content, lbs/yd3 (1)
Maximum embodied carbon kg
CO2e/m3, per Environmental
Product Declaration
up to 2500 362 260
2501-3000 410 289
3001-4000 456 313
4001-5000 503 338
5001-6000 531 356
6001-7000 594 394
Greater than
7000
657 433
up to 3000 light
weight
512 578
Up to 4000 light
weight
571 626
4001-5000 light
weight
629 675
Notes (1) Portland cement of any type per ASTM C150.

4.420.3.1 Allowable Increases
(1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved 123

Environmental Product Declaration to have a plant-specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is:
1040 / plant-specific Environmental Product Declaration %. (2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 4.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete.

4.420.3.2 Cement Limit Method – Mix
Cement content of a concrete mix using this method shall not exceed the value shown in Table 4.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi.

4.120.3.3. Cement Limit Method – Project
Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 4.420.3.3.

Equation 4.420.3.3:

Σ(Cemn)(vn) ≤ Σ(Cemlim)(vn)
Where,
n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemlim = the maximum cement content for mixture n per Table

4.420.3, kg/m3 or lb/yd3
vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout.

4.420.3.4 Embodied Carbon Method – Mix
Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 4.420.3.
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4.420.3.5 Embodied Carbon Method – Project
Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 4.420.3 and Equation 4.420.3.5.

Equation 4.420.3.5:

Σ(ECn )(vn ) ≤ Σ(EClim )(vn )
Where,
n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3
EClim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3
vn = the volume of mixture n concrete to be placed, yd3 or m3

4.420.3.6 Verification and Enforcement
Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low- Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low- Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction.

As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low-Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low-Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete.

When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated 125

administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than EClim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows:

Pm = (ECx)($190) + A
Where,
Pm = the maximum penalty ($)
ECx = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5.
$190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City’s Master Fee Schedule.

For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed.

4.420.3.7 Exemptions
(a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 4.420
(b) Projects that do not involve the placement of ready-mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 4.420
(d) Due to lack of commercial availability of low-carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements.
(e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a project subject to section 4.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 4.420, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility.

The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following:
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(1) There is a lack of commercially available material necessary to comply with section 4.420;
(2) The cost of achieving compliance is disproportionate to the overall cost of the project;
(3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8).
(g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 4.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 4.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 4.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official.
(h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section

4.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance.

7.94.090 Sections 5.106.5.3 and 5.106.5.3.1 Electric vehicle (EV) charging. – Deleted and Replaced.

Sections 5.106.5.3 and 5.106.5.3.1 are deleted and replaced with Section A5.106.5.3 to read:

Section A5.106.5.3 Electric vehicle (EV) charging for new construction is adopted as mandatory at the Tier 2 level.

7.94.100 Section 5.106.13, 5.106.13.1 and 5.106.13.2 All electric buildings. – Added.

Section 5.106.13, 5.106.13.1 and 5.106.13.5.2 are added to read:

5.106.13 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate future electrification.
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5.106.13.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Qualifying alteration projects shall be limited to additions or alterations that remove 50 percent or more of the existing exterior walls of a structure and additions that increase the square footage of the structure by more than 50 percent.

Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of qualifying alteration project shall be made by the Building Official.

Exceptions:

1. Nonresidential buildings containing kitchens located in a place of public accommodation, as defined in the California Building Code Chapter 2, may apply to the Building Official for a modification to install commercial food heat-processing equipment served by fuel gas. The Building Official may grant the modification, provided the following findings are made:
a) The applicant has a business-related need to cook with combustion equipment; and
b) The applicant has installed energy efficient equipment based on Energy Star or California Energy Wise
qualifications, as available.
c) The applicant will comply with Section 5.106.13.2.

2. If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the California Building Energy Efficiency Standards, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Efficiency Standards using commercially available technology and an approved calculation method, then the Building Official may grant a modification. The applicant shall comply with following and Section

5.106.13.2
Inactive Fuel Gas Infrastructure may be extended to spaces that are anticipated to qualify for the exceptions contained in this chapter. The inactive Fuel Gas Infrastructure shall not be activated, have a meter installed, or otherwise be used unless the exemptions specified in this chapter have been confirmed as part of the issuance of a building permit. If the Fuel Gas Infrastructure is no longer serving one of the exceptions contained in this chapter, it shall either be capped, otherwise terminated, or removed by the entity previously entitled to the exemption, in a manner pursuant to all applicable Codes.
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The Building Official shall have the authority to approve alternative materials and methods of construction as per the Dublin Municipal Code, Chapter 7.28.

5.106.13.2. Requirements for combustion equipment.

Where combustion equipment is allowed under Subsection 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:

1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and

2. Labeling of both ends of the unused conductors or conduit shall be with “For Future Electrical Appliance”; and

3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. “Reserved for Future Electric Range”), and positioned on the opposite end of the panel supply conductor connection; and

4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances.

The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and

5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings.

The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.

7.94.110 Section 5.107.1, Division 5.1, Chapter 5, Future access for solar systems-Added.

A new Section 5.107.1 is added to read:

5.107.1 Future Access for Solar Systems. Install conduit from the solar zone as defined by the California Energy Code, Title 24, Part 6, Section 110.10 to a location within the building identified as suitable for future installation of a charge controller (regulator) and inverter. 129

Exception: Where solar is installed as part of the original construction and prior to first occupancy.

7.94.120 Section 5.420, Division 5.4, Chapter 5, Low Carbon Concrete- Added.

A new Section 5.420 is added to read:

5.420 Low Carbon Concrete Requirements.

5.420.1 Purpose. The purpose of this section is to provide standards and requirements for the composition of concrete, as defined herein, that maintains adequate strength and durability for the intended application and at the same time reduces greenhouse gas emissions associated with concrete composition.

5.4.20.1.2 Applicability. The requirements of this section shall only be applicable to projects that require a building permit.

5.420.3 Compliance. Compliance with the requirements of this section shall be demonstrated through any of the compliance options in Sections

5.420.3.2 through 5.420.3.5.

Table 5.420.3: Cement and Embodied Carbon Limit Pathways Cement limits
for use with any compliance
method

5.420.3.2 through 5.420.3.5
Embodied Carbon limits
for use with any compliance
method

5.420.3.2 through 5.420.3.5
Minimum
specified
compressive
strength f’c , psi
Maximum ordinary Portland
cement content, lbs/yd3 (1)
Maximum embodied carbon kg
CO2e/m3, per Environmental
Product Declaration
up to 2500 362 260
2501-3000 410 289
3001-4000 456 313
4001-5000 503 338
5001-6000 531 356
6001-7000 594 394
Greater than
7000
657 433
up to 3000 light
weight
512 578
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Up to 4000 light
weight
571 626
4001-5000 light
weight
629 675
Notes (1) Portland cement of any type per ASTM C150.

5.420.3.1 Allowable Increases
(1) Approved Cements. The maximum cement content may be increased proportionately above the tabulated value when using an approved cement, or blended cement, demonstrated by approved Environmental Product Declaration to have a plant-specific Environmental Product Declaration lower than 1040 kg CO2e/metric ton. The increase in allowable cement content is:
1040 / plant-specific Environmental Product
Declaration %.
(2) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits shown in Table 5.420.3 can be increased by 30% for concretes demonstrated to the Building Official as requiring high early strength. Such concretes may include but are not limited to, precast or prestressed concrete; beams and slabs above grade; and shotcrete.

5.420.3.2 Cement Limit Method – Mix
Cement content of a concrete mix using this method shall not exceed the value shown in Table 5.420.3. Use of this method is limited to concrete with specified compressive strength not exceeding 5,000 psi.

5.120.3.3. Cement Limit Method – Project
Total cement content shall be based on total cement usage of all concrete mix designs within the same project. Total cement content for a project shall not exceed the value calculated according to Equation 5.420.3.3.

Equation 5.420.3.3:

Σ(Cemn)(vn) ≤ Σ(Cemlim)(vn)
Where,
131

n = the total number of concrete mixtures for the project Cemn = the cement content for mixture n, kg/m3 or lb/yd3 Cemlim = the maximum cement content for mixture n per Table

5.420.3, kg/m3 or lb/yd3
vn = the volume of mixture n concrete to be placed, yd3 or m3 Calculations may use yd3 or m3 but must keep the same units throughout.

5.420.3.4 Embodied Carbon Method – Mix
Mix embodied carbon of a concrete mix, based on an approved Environmental Product Declaration, shall not exceed the value given in Table 5.420.3.

5.420.3.5 Embodied Carbon Method – Project
Total embodied carbon of all concrete mix designs within the same project (EC proj) shall not exceed the project limit (EC allowed) determined using Table 5.420.3 and Equation 5.420.3.5.

Equation 5.420.3.5:

Σ(ECn )(vn ) ≤ Σ(EClim )(vn )
Where,
n = the total number of concrete mixtures for the project ECn = the embodied carbon content for mixture n, per mixture Environmental Product Declaration, kgCO2e/m3
EClim = the maximum embodied carbon content for mixture n per Table 4.420.3, kgCO2e/m3
vn = the volume of mixture n concrete to be placed, yd3 or m3

5.420.3.6 Verification and Enforcement
Prior to the approval of the building permit application involving the placement of concrete, the permit applicant shall submit a completed Low- Carbon Concrete Compliance Form to the Building & Safety Division. If the permit applicant has not secured a concrete supplier at the time the permit application is submitted, the applicant may complete the Low- Carbon Concrete Compliance Form to calculate the maximum allowable cement and embodied carbon and shall certify by signature that they will meet maximum allowable limits at the time of construction. 132

As a condition of such building permits, and prior to approving construction inspections and prior to placement of concrete, the permit applicant shall submit batch certificates and/or Environmental Product Declarations with an updated Low-Carbon Concrete Compliance Form to the Building & Safety Division. The batch certificates and/or Environmental Product Declarations, and the updated Low-Carbon Concrete Compliance Form shall be reviewed for compliance by the Building & Safety Division prior to performing further inspections or pouring concrete.

When deviations from compliance with this section occur, the Building Official or their designee, is authorized to require the permit applicant to provide evidence of equivalent carbon reductions from the portions of remaining construction of the project to demonstrate alternative compliance with the intent of this chapter and payment of associated administrative fees. If the permit applicant is unable to provide evidence of equivalent carbon reductions, the Building & Safety Division reserves the right to penalize the permit applicant for the excess embodied carbon used in the project. Excess embodied carbon shall be determined by the amount of embodied carbon content in the project greater than EClim per Equation 4.420.3.5, in metric tons. The maximum penalty shall be determined as follows:

Pm = (ECx)($190) + A
Where,
Pm = the maximum penalty ($)
ECx = the total excess embodied carbon content in the project, in metric tons determined from Equation 4.420.3.5.
$190 = penalty per metric ton of excess embodied carbon ($/metric ton) A = Building and Safety Administrative Fee ($), refer to the City’s Master Fee Schedule.

For projects involving placement of concrete by, or on behalf of, the City of Dublin the City Project Manager for the project, or their designee, shall maintain accurate records of the total volume (in cubic yards) of all concrete placed, as well as the total compliant volume (in cubic yards) of all concrete placed.

5.420.3.7 Exemptions
(a) Projects exempt from permits. Projects that do not require a building permit per Chapter 7.28, shall not be subject to the requirements in section 5.420.
(b) Projects that do not involve the placement of ready-mix concrete. (c) Asphaltic concrete is not considered as concrete for the purposes of section 5.420
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(d)Due to lack of commercial availability of low-carbon concrete options, shotcrete, gunite, and stucco are exempt from embodied carbon requirements.
(e) Small projects as approved by the Building Official. (f) Hardship or infeasibility exemption. If an applicant for a project subject to section 5.420 believes that circumstances exist that make it a hardship or infeasible to meet the requirements of section 5.420, the applicant may request an exemption as set forth below. In applying for an exemption, the burden is on the applicant to show hardship or infeasibility.

The applicant shall identify in writing the specific requirements of the standards for compliance that the project is unable to achieve and the circumstances that make it a hardship or infeasible for the project to comply with this chapter. Circumstances that constitute hardship or infeasibility may include, but are not limited to the following:
(1) There is a lack of commercially available material necessary to comply with section 5.420;
(2) The cost of achieving compliance is disproportionate to the overall cost of the project;
(3) Compliance with the requirements would impair the historic integrity of buildings listed on a local, state, or federal list or register of historic structures as regulated by the California Historic Building Code (Title 24, Part 8).
(g) Granting of an exemption. If the Building Official determines that it is a hardship or infeasible for the applicant to fully meet the requirements of section 5.420 and that granting the requested exemption will not cause the building to fail to comply with the California Green Building Standards Code, the Building Official shall determine the maximum feasible threshold of compliance reasonably achievable for the project. In making this determination, the Building Official shall consider whether alternate, practical means of achieving the objectives of section 5.420 can be satisfied. If an exemption is granted, the applicant shall be required to comply with section 5.420 in all other respects and shall be required to achieve the threshold of compliance determined to be achievable by the Building Official.
(h) Denial of exception. If the Building Official determines that it is reasonably possible for the applicant to fully meet the requirements of section 5.420, the request shall be denied, and the applicant shall be notified of the decision in writing within 60 days after receipt of the request for exemption. The project and compliance documentation shall be modified to comply with the standards for compliance.
134
Adding a Low Carbon Concrete
Requirement to the City’s Green
Building Code
September 3, 2024
135
Climate Action Plan 2030 and Beyond
Five strategies in Climate Action Plan 2030 and
Beyond (CAP 2030)

1. Renewable and carbon free electricity (CF)

2. Building efficiency and electrification (EE)

3. Sustainable Mobility and Land Use (SM)

4. Materials and Waste Management (MM)

5. Municipal Leadership (ML)
136
Portland Cement Carbon Emissions and LCC
• Concrete industry accounts for
8% of global carbon emissions
• Greenhouse gas emissions can be
reduced by minimizing the
amount of cement in concrete by
using supplementary cementitious
materials (SCMs).
• SCMs such as fly ash, slag, and
glass pozzolans have been used
for years, are locally available and
can reduce the cost of producing
concrete
137
Low Carbon Concrete Green Building
Code
• Based on the code adopted by Marin County in 2019.
• Applies to all projects that require a building permit and that use ready-mix concrete.
• Compliance demonstrated by either:
– Using cement limit equation
– Using the embodied carbon pathway
138
Impact on Building Permits
2023 Calendar Year (2,903 building permits):
• 11.6% subject to ordinance
• 17.2% require further review
• 71.2% exempt from requirements
139
Impact on Residential Projects
• No Effect:
– Work exempt from a
Building permit
– Water heater and HVAC
replacement permits
– Electrical permits
• Possible Minor Effect:
– Repair work
– New swimming pool
permits without a concrete
deck
– Retaining walls
• Moderate Effect:
– New swimming pool with a
concrete deck
– Small additions
– Accessory structures
– New landscaping permits with
concrete pathways
• Full Effect:
– New buildings
– Accessory dwelling units
– Additions
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Fiscal Impact
• Cost to the City associated with implementing
the ordinance is estimated to be
approximately $85,000 to $140,000 per year.
• Funding has been included in the Master Fee
Schedule.
• Adjustments to Master Fees for cost recovery
as we learn more of the impact.
141
Next Steps
• If adopted by the City Council, the New
Requirements in the Ordinance would become
effective January 1, 2025.
• Education and outreach would be conducted
between ordinance adoption and
implementation.
142
Staff Recommendation
Staff recommends that the City Council take the following actions:
1) Adopt the Resolution Approving Findings Regarding the Need for Local Amendments to Provisions in the California Building Standards Code As Adopted by the City (Resolution); and,
2) Introduce the Ordinance Approving Amendments to the Dublin Municipal Code Chapter 7.94 (Green Building Code) to Amend Section 7.94.050 (Definitions) and to Add Section 7.94.085 (Low Carbon Concrete) and Section 7.94.120 (Low Carbon Concrete) (Ordinance).
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STAFF REPORT

CITY COUNCIL

Agenda Item 7.1
DATE: September 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SUBJECT: Two-Year Strategic Plan Update and Final Report for Fiscal Years 2022-23 and 2023-24
Prepared by: Jordan Foss, Management Analyst II
EXECUTIVE SUMMARY:

The City Council will receive an update and final report on the City’s Two-Year Strategic Plan for Fiscal Years 2022-23 and 2023-24.

STAFF RECOMMENDATION:

Receive the report and presentation.

FINANCIAL IMPACT:

None.

DESCRIPTION:

The City Council adopted the City’s Two-Year Strategic Plan on April 4, 2022. This Plan sets the overall direction for the City, guiding resources and setting specific objectives to drive City action.

The Plan coincides with Fiscal Years 2022-23 and 2023-24.

On September 19, 2023, the City Council received an update on the first year of the Strategic Plan, covering the period of July 1, 2022 through June 30, 2023. Key highlights for the first year can be found in Attachment 2.

This report covers the second year of the Strategic Plan (July 1, 2023 through June 30, 2024) and serves as the final report to the City Council. A detailed discussion of the updates is provided in Attachment 1, with a summary below.
144

Strategy 1: Downtown Dublin and Economic Development
 The City Council adopted a resolution amending the General Plan and Downtown Dublin Specific Plan to implement the Downtown Dublin Preferred Vision, consisting of amendments that added Research and Development as a new land use; increased the residential allocation by 465 units; decreased the non-residential allocation by 300,000 square feet; and increased the height and floor area ratio in “The Core” area of the retail district.
 The primary property owner of the Dublin Place Shopping Center submitted a Planning Application for the South Project, which will consist of redevelopment of the current Dublin Place shopping center with a town square, retail, housing, and life science/office buildings.  Avalon West, which includes 499 units and a new section of St. Patrick Way, was completed, and a large-scale public art piece was completed and installed.  The City executed a development agreement with GH PacVest to continue the Fallon-East Economic Development Zone development strategy, including the Dublin Fallon 580 project.
 The Small Business Saturday Program was launched to highlight and promote Dublin’s small businesses. The City also attracted new tenants including Tequila Bar & Grill, NBR Tutoring, East Bay Buffet, Foodle Market, Westland Metal, Inc., Grocery Outlet, and BodyBar Pilates.
 Progress was made on the Dublin Boulevard Extension Project, which will connect Dublin Boulevard to North Canyons Parkway in Livermore. Drawings reached the 65% level, a funding was developed and approved by the City Council, and two development agreements were executed.

Strategy 2: Housing Affordability
 In January 2024, the City achieved a certified Housing Element from the California Department of Housing and Community Development.
 The City Council adopted amendments to the Inclusionary Zoning Regulations and to the methodology for determining Affordable Housing In-Lieu Fees and adopted updated Non- Residential Development Affordable Housing Impact Fees for Fiscal Year 2024-25.  Staff continued to work with Landsea Homes and Sunflower Hill on an affordable housing site at the Dublin Centre project, and with Eden Housing on financing the Senior Assisted Living project on Regional Street, which includes a $1 million preconstruction loan from the City.
 Staff made progress on amendments to the City’s First Time Homebuyer Loan Program to broaden the use of the program and to ensure compatibility with similar loan programs.

Strategy 3: Infrastructure Maintenance and Reinvestment  In the previous fiscal year and current fiscal year budgets, the City included $2 million in funds for preventative maintenance of City facilities.
 Staff continued working with the Metropolitan Transportation Commission’s consultant to complete a pavement condition assessment to develop recommendations for a multi-year 145

pavement preservation program and pavement condition index goal. The Five-Year Capital Improvement Program includes $4.5 million annually for pavement management to assist in meeting long-term pavement management needs.
 Staff continued to work with developers and consultants on the Dublin Centre project as outlined by the development agreement, to provide a community facilities district for on- going maintenance needs of public improvements in those areas.  The City purchased five new, electric fleet vehicles, which help meet Climate Action Plan Measure ML-3: Electrify Municipal Vehicle Fleet and Equipment. The new electric vehicles replace internal combustion engine vehicles within the City fleet.

Strategy 4: Organizational Health
 The City completed an update to the Public Facilities Fee Program, which took effect on January 1, 2024. The City also completed the User Fee Study and implemented the new fees for Fiscal Year 2024-25.
 Staff finalized the Request for Proposals for a Fiber Master Plan. In addition, the City continued work on the upgrade of the Traffic Operations Center at City Hall in preparation for the upcoming fiber optic communication upgrades along Dublin Boulevard from San Ramon Road to City Hall.
 The City completed energy efficiency improvements at many of its parks and facilities. The City also continued to include an annual contribution of $1 million to the existing reserve for early payoff of the energy bonds.

Strategy 5: Safe and Accessible Community
 Staff completed the implementation of the new enterprise resource planning software, Energov, which allows residents and businesses to utilize the web-based portal for non- recreation services, such as permit applications and business license applications and renewals.
 To provide greater website accessibility, Staff implemented a chatbot with artificial intelligence (AI) from Rezolve.ai (branded for the City as “Clover”), for the City’s website.

The chatbot went live in January 2024 and is available 24/7, while a live agent is available during the City’s normal business hours. The chatbot allows customers to connect with staff via a live agent or AI in their chosen language.
 Dublin Police Services (DPS) hired a third clinician to complete staffing for the Behavioral Health Unit. Utilizing National Opioid Settlement funding, DPS also purchased 170 additional doses of Narcan to treat individuals who overdose on opioids.  The City purchased additional situational awareness cameras for key intersections in Dublin, specifically to address concerns from the Boulevard Community regarding individuals being released from Santa Rita Jail.
 The City provided many avenues to enhance community awareness of protected and preserved open space in Dublin through programs like: the Dublin Trails Challenge, which encourages community members of all ages to walk, run, or hike all 26 miles of trails in Dublin; the People of the Parks (POP) Program, which empowers residents to support City beautification efforts by cleaning parks, sidewalks, and trials; and the annual “Nature in 146

Our Backyard” photography contest, which celebrates natural beauty found in Dublin.

The new Two-Year Strategic Plan covering the period of Fiscal Years 2024-25 and 2025-26 was adopted by the City Council on April 2, 2024 (Resolution No. 24-24).

STRATEGIC PLAN INITIATIVE:

None.

NOTICING REQUIREMENTS/PUBLIC OUTREACH:

The City Council Agenda was posted.

ATTACHMENTS:
1) Two-Year Strategic Plan Update and Final Report
2) September 19, 2023 City Council Staff Report (without attachments) 147
Attachment 1

CITY OF DUBLIN

TWO-YEAR STRATEGIC PLAN UPDATE
July 1, 2022 – June 30, 2024

Strategy 1: Downtown Dublin and Economic Development
Objective A: Continue support of the Downtown Preferred Vision and Downtown Dublin Specific Plan including improving visual and environmental quality and evaluating specific business uses.

Significant progress has been made with the property owners of the Dublin Place shopping center to implement the Downtown Preferred Vision (DPV). The property owner continues to work with Community Development, Public Works, and Economic Development staff on the refinements to their master plan. On November 6, 2023, the City Council received a presentation from City Staff and the City’s consultant Urban Field Studio, and the City’s Public-Private Partner, American Realty Advisors (ARA), ARA’s Development Manager Hines, and ARA’s Master Planning Architect Gensler on the proposed implementation of the DPV.

The Planning Commission recommended General Plan and Downtown Dublin Specific Plan Amendments, and on December 19, 2023, the City Council adopted Resolution No. 134-23 amending the General Plan and the Downtown Dublin Specific Plan to further implement the DPV. The amendments consisted of the following:
• Adding Research and Development as a new land use.
• Increasing the residential allocation by 465 units.
• Decreasing the non-residential allocation by 300,000 square feet. • Increasing the height and floor area ratio in “The Core” area of the Retail District.

The North Project was submitted in Q2 of 2023 and Staff completed the review of the application for a Site Development Review Permit for the Dublin Place North project. The Planning Commission is scheduled to hold a public hearing to consider the project on July 23, 2024. The South Project preapplication was submitted on March 18, 2024, and Staff is in the process of reviewing the submittal and preparing comments, as well as reviewing the Local Transportation Analysis for the project. Staff is also working on the deal terms as part of the Development Agreement, which will come before the City Council in FY 2024-25.

The Planning Commission approved the BASIS Independent School application to renovate the façade of the existing Corrie Center office building and construct a gymnasium where they will operate a private school for middle and high school students.

The St. Patrick Way extension, between Golden Gate Drive and Regional Street, is complete and open to the public for pedestrian, bicycle, and vehicular use. Staff and Avalon Bay completed a large-scale public art piece that parallels the north side of the St. Patrick Way extension between Golden Gate Drive and Regional Street. The nearly 400-foot-long art piece creates a sense of place in a future civic gathering space downtown and provide a visual barrier along the back of a large retail center. 148
Attachment 1

The Planning Commission approved the Citywide Outdoor Seating Design Guidelines to help facilitate the design of permanent outdoor seating within parking lots for eating and drinking establishments, which was approved by the City Council on September 19, 2023.

Staff began developing the scope of work and design feasibility for the Golden Gate Drive Intersection Improvements at Dublin Boulevard and St. Patrick Way (CIP ST0423) and working with LAVTA to determine potential improvements to the traffic circle at the southern terminus of Golden Gate Drive next to the BART station. The design for the Golden Gate Drive Intersection Improvements at Dublin Boulevard and St. Patrick Way (CIP ST0423) is being coordinated with the Dublin Commons South project.

The design for the Regional Street mid-block crossing, between Dublin Boulevard and Amador Valley Boulevard is at 90%. Design completion, and solicitation of bids for construction is anticipated in the first quarter of Fiscal Year 2024-2025.

Objective B: Pursue mixed-use projects to create economic vitality.

The work being done as part of Objective A will include a mixed-use development project bordering the Town Square. Staff also continued discussions with developers who are interested in other areas of the DDSP area for mixed-use opportunities.

Staff is working closely with ARA and their development team on the Master Site Plan that builds upon the City’s DPV, and on their Planning Application for the North Project which will help relocate existing tenants on the site so redevelopment of the south project can occur.

Objective C: Grant conditional tax and/or development fee relief for new developments in the Downtown.

Staff began developing the framework for a program that would provide the opportunity for sharing property tax revenues as well as impact fee waivers and/or reductions to support the new DPV project. The Property Tax Sharing program will be presented to the Economic Development Committee at a future meeting.

Objective D: Support local businesses and new business attractions (ensure revenue-generating industries).

Staff developed and distributed the Holiday Gift Guide with more than 50 businesses participating, and created new marketing material to showcase Dublin as a business-friendly destination for food and beverage establishments. Additionally, Staff proactively engaged potential businesses and extended support through the Business Concierge Program for those seeking assistance.

For business attraction, Staff continued to reach out to retailers and food and beverage tenants regarding second-generation restaurant spaces available. Several new tenants signed leases and submitted plans for their tenant improvements, including but not limited to Anjappar, Cloves, Pizza My Heart, Angus the Butcher Shop, Five Below, and VinFast. Staff worked with a variety of prospective tenants, with recent signed leases including Silver Oven & Grill, Feng Cha Teahouse, Grocery Outlet, Teazzi Tea Shop, MaO Izakaya & Sushi, Building Kidz of Dublin, Tailored Shared Services LLC, Santa Maria Café, Cuppa Yo, Safelite Auto Glass, AT&T, Dublin Taqueria, Dave’s Hot Chicken, and Serendipity Labs.

Staff launched the Dublin Marketplace Loyalty Rewards Program to help support Dublin small businesses, relaunched the Business 149
Attachment 1

Visitation Program after a hiatus due to the pandemic, launched the Dublin Business Corner (a free library of on-demand training courses designed to empower and educate small business owners), and launched the Small Business Navigator Program to offer technical assistance to small businesses in strategic business areas such as marketing, architecture, graphic design, business planning, and more. The Dublin Marketplace brought on six new businesses to the platform which are as follows: Box World, TeaZenTea, Blueprint Shop, Freshmeatz, Kwality Ice Cream, and Café Tazza. The City continued its efforts with the Business Spotlight program, highlighting Dogtopia and Pho 99, as well as the Business Visitation program with a visit to Rezolve.ai. Additionally, Staff hosted business roundtables for different industry sectors and conducted four business webinars.

The City received and is processing an application for the redevelopment of the Hexcel Corporation site for a new business park to support the life science industry.

The City Council supported changes to the Massage Establishment Ordinance and held the first Small Business Night at the Farmers’ Market with more than 20 small businesses participating. The City partnered with Patelco Credit Union HQ, Rezolve.ai, and Startup Tri- Valley to sponsor the inaugural Generative Artificial Intelligence Summit in the Tri-Valley. Moreover, the City celebrated a number of ribbon cuttings for locations including Learn and Play Montessori School, Satvik Eggless Bakery, TeaZenTea, and the Tivoli Plaza retail center.

A Commercial Façade Improvement Grant was approved with Village Parkway Investments which will provide exterior upgrades to the building that houses Prima Vini.

The City distributed the Dublin Business Brief, which offers resources for local businesses alongside the second Holiday Gift Guide, reaching more than 34,000 households and featuring more than 35 local businesses. The Holiday Gift Guide was distributed earlier in November to prep for Black Friday.

The Small Business Navigator Program saw continued facilitation of marketing requests and closure of several open projects. The Dublin Marketplace reached a milestone by reaching more than 900 members who have collectively earned more than $8,200 in rewards, and the business concierge program received more than 15 inquiries. Staff issued a second Small Business Navigator Program RFP to solicit additional professional service providers of technical assistance to small businesses at no cost to the businesses. There were nine new requests for the program and 10 completed projects.

On October 6, 2023, the City sponsored Dublin-based businesses at the Tri-Valley Career Center Job Fair to support small businesses with their staffing needs. Staff also engaged with local business owners by conducting a focus group to gather insights for the Economic Development Strategy and worked on a business-community survey to collect additional input.

Staff from Economic Development and Communications collaborated to highlight five local businesses in a Small Business Saturday 150
Attachment 1

series (Destination Baby & Kids, Dublin Cyclery, Mike’s Camera, Barons Jewelers, and The Wellnest Company) and promoted new and upcoming businesses such as Stanford Blood Center, Domino’s, AT&T, Gong Cha, Five Below, Hamni Bank, Safelite Auto Glass Repair, SEV Laser, PiKaso, Kailash Parbat, Anjappar Chettinad Cuisine, and Oh’s Nail Spa. Staff also highlighted the reopening of Peet’s and Ethan Allen.

To continue support and promotion of small businesses, Staff posted two Small Business Spotlight videos on Satvik Eggless Bakery and Solar Bill Review, which were shared on the City’s social media channels and with the businesses to use as promotions. In addition, Staff promoted new and upcoming businesses including Parsons Xtreme Golf (PXG), Boba and More, Avant Anti-Aging Spa, Bag O Crab, Falafel Town, Shabu King, Zhangliang Malatang, Axellent, Nail Studio 101, Par 5 Golfing, Prime Fencing Academy, Soul Imagez Tattoo, Vets for Pets, Chip Cookies, Kane Hair Salon, Lux Gym, Nissan Car Wash, and Noland’s Bread Shop. Staff attended two grand opening events for Grocery Outlet and Cuppa Yo.

Staff assisted more than 45 businesses as part of our Business Concierge Program which included providing information on site inquiries and selections, building permits, business licenses, starting a business, and the City’s business support programs. Staff also participated in the Visit Tri-Valley strategic planning retreat to engage in collaboration on increasing business visits in Dublin as well as the Tri-Valley. In addition, a Business Visitation was conducted with Anchor Construction Management.

A Small Business Assistant Grant was approved for IBEW Local 595 to help with building upgrades required as part of the building renovation.

Analysis of the survey results for Economic Development Strategy update began which included feedback from the business community and residents. The analysis provides insight into the priorities and desires of the business community and community-at- large as it relates to the City’s Economic Development Strategy.

Staff attended an International Council of Shopping Centers event to engage with retailers and promote Dublin as a good place for doing business, and distributed the Dublin Business Brief, which provided timely information and resources for local businesses.

Staff collaborated with Startup Tri-Valley to organize two Artificial Intelligence Series events: "AI's New Role in Developing Patents, Attracting Investment, and Conducting Clinical Trials," and "An AI Playbook – Implementation Strategies for Your Company." Staff also met with up-and-coming companies such as Monterey AI and participated with Startup Tri-Valley on a podcast with Monterey AI. Staff attended grand openings of Grocery Outlet and BodyBar Pilates, and conducted a driving tour to keep a close pulse on the scene for local businesses, retail centers, office complexes, and industrial areas.

The City received an Award of Merit in the category of Programs and Promotions for the Small Business Navigator Program from the California Association for Local Economic Development. Staff held an Open Office Hours event at 580 Executive Center, which allowed 151
Attachment 1

businesses to meet with Staff in a different setting outside of City Hall. Staff also held two business roundtable events for minority- owned businesses and general businesses.

Objective E: Continue the Fallon-East development strategy.

The Planning Commission approved an application for a Planned Development Zoning Stage 2 Development Plan and Tentative Map for the Branaugh property. Staff is processing preliminary applications for the GH PacVest and Righetti properties as well as negotiating deal terms for the corresponding Development Agreements.

GH PacVest submitted an application for the Dublin Fallon 580 Project that includes a request for approval of a General Plan and Eastern Dublin Specific Plan Amendment, Planned Development Zoning Stage 1 Development Plan Amendment, Stage 2 Development Plan for the residential uses, Vesting Tentative Map 8663, 8666, and 8667, and a Development Agreement. The proposal would eliminate the Public/Semi-Public land use designation and convert 42.6 acres designated Open Space to Parks/Public-Recreation, establish development standards for the future development of 238 residential units and approximately 3,299,670 square feet of commercial/campus office use. The 192-acre site would be subdivided into 11 parcels.

The City Council approved a Park Improvement Agreement with Trumark for the construction of two neighborhood parks as identified in the Eastern Dublin Specific Plan within the Francis Ranch Development, formerly known as East Ranch.

The Dublin Boulevard Extension Drawings reached the 65% design level, a funding plan was developed and approved by the City Council, and a developer agreement with BEX Development (Branaugh) was executed. Design was paused to allow Alameda County Transportation Commission time to amend the contract with the design firm to revise the scope of work, which includes revisions requested by the Alameda County Bicycle and Pedestrian Advisory Committee and landowners adjacent to the extension. The revised design work will include altered bicycle and pedestrian improvements and to accommodate access to the adjacent private properties.

The Dublin Boulevard Extension right-of-way certification phase also made progress. The City’s consultant, RES Environmental Operating Company, completed the Phase 1 Environmental Site Assessment reports for four required mitigation properties and is working on securing conservation easements on the mitigation properties. A visit to the four properties was conducted with the California Department of Fish and Wildlife and the United States Fish and Wildlife Service. Escrow closed on three mitigation properties in December 2023. Escrow on the final property is process. Staff is working with the City of Livermore on a memorandum of understanding for the right-of-way certification phase.

In addition, the City Council approved a General Plan Amendment Initiation Request and the Development Agreement Deal Terms with GH PacVest for the Dublin Fallon 580 project. The Planning Commission held a public hearing on June 11, 2024, and recommended approval of the project. The City Council is scheduled to hold a public hearing to consider the project on July 16, 2024.

152
Attachment 1

Strategy 2: Housing Affordability
Objective A: Develop a Certified Housing Element that balances the location of housing options for all income types.

This objective has been completed.

The City Council adopted the Housing Element on November 15, 2022 and Staff submitted it to the California Department of Housing and Community Development (HCD) for their 60-day review. HCD provided minor comments and Staff revised the adopted 2023-2031 Housing Element to address comments received. The revised adopted Housing Element was resubmitted to HCD for review on August 21, 2023.

HCD provided revised comments on the Housing Element on October 20, 2023. Staff addressed those comments and resubmitted the Housing Element to HCD for review on November 21, 2023. On January 18, 2024, HCD certified the 2023-2031 Housing Element.

Objective B: Ensure the City’s inclusionary zoning regulations incentivize targeted housing production.

This objective has been completed.

On January 9, the City Council held a public hearing to consider amendments to the Inclusionary Zoning Regulations and Affordable Housing In-Lieu Fee. At the conclusion of that public hearing, the City Council directed Staff to return at a future meeting with additional information and analysis regarding increasing the inclusionary zoning requirement to 15%; increasing the in-lieu fee; differentiating the affordable housing requirements for different ownership product types; the impact of interest rate fluctuations; and a projection of in- lieu fee revenue. On March 19, the City Council received a report with the requested information and directed Staff to revise the proposed amendments to the Inclusionary Zoning Regulations. Staff completed the requested changes and in June, the City Council adopted amendments to the Inclusionary Zoning Regulations, amendments to the methodology for determining Affordable Housing In-Lieu Fees, and updated Non-Residential Development Affordable Housing Impact Fees.

Objective C : Prepare a nexus study to evaluate the affordable housing commercial linkage fee and affordable housing in-lieu fee for for-sale and rental housing.

This objective has been completed.

Activity related to the commercial linkage fee and affordable housing in-lieu fee was completed in concert with Objective 2.B.

Objective D: Facilitate the production of affordable housing for lower income seniors, workforce, and special needs households.

The City was awarded a $3.3M Local Housing Trust Fund Grant from the California Department of Housing and Community Development for the 300-unit Amador Station affordable housing project adjacent to the West Dublin/Pleasanton BART Station. Additionally, Staff worked with the Amador Station development team on modifications to the project phasing and the terms of a pre-construction loan. The City Council approved the Amador Station First Amended and Restated Community Benefit Program Agreement and Amended and Restated Affordable Housing Assistance Agreement and Transfer of the Agreements to The Related Companies of California. Staff continues to work with Alameda County to assign the Transit Center Site D-1 to Eden Housing for an affordable housing development.

Staff worked with Eden Housing on an Affordable Housing Assistance Agreement, which was approved by the City Council on June 20, 153
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