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Exhibit B - Findings and Conditions of Approval

Fremont City Council
April 16, 2024

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Exhibit B - Findings and Conditions of Approval
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April 16, 2024
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Fremont City Council
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Exhibit “B”
Findings and Conditions of Approval
PLN2022-00487
Fremont Hub Mixed-Use
Discretionary Design Review Permit
I. FI
NDINGS
The
findings below are made on the basis of information presented at the public hearing and contained in the staff report to the City Council dated April 16, 2024, incorporated hereby.

Di
scretionary Design Review Permit Findings:

Purs
uant to Fremont Municipal Code (FMC) Section 18.235.060, the follo wing findings must be made by the decision -making body in o rder to approve an application for a Discretionary Design Review Permit:
(a) T
he proposed project is consistent with the General Plan, any applicable community or specific plan, planning and zoning re gulations, and any adopted design rules and guidelines.

Analysis: The proposed project is designed in conformance with the requirements of the Commercial – City Center designation of the General Plan, 2023-31 Housing Element, the City Center Community Plan, and City Center District zoning with respect to site planning, massing, architecture, and other urban design characteristics. As a relatively compact mixed-use development within a wholly retail-commercial, suburban-style shopping center, the project will provide greater intensity, scale, and diversity of uses in a ke y location within the City Center, furthering aims of transforming the area into a more walkable, urban district.
(b
) When a proposed project is inconsistent with an adopted design rule, the purpose and intent of the design rule is met through alternative means.

Analysis: The propos ed project is designed in conformance with all applicable objective design rules, as described in the staff report.
(c) T
he multifamily residential project’s architectural, site, and landscape design will not be detrimental to the pub lic health or safety; or a non-multifamily project’s architectural, site, and landscape design will not unreasonably interfere with the use and enjoyment of adjacent devel opment nor be detrimental to the public health, safety, or welfare.

An
alysis: The proposed mixed-use project, as designed, will not interfere with the use and enjoyment of adjacent developments, nor will it be detrimental to public health, safety, or welfare, as it is compatible in scale and use with development allowances within the City Center District. Additionally, Building Division and Fire Department staff have reviewed the project and found that it can be constructed in conformance with all applicable California Building and Fire Code life safety regulations, thereby minimizing pro ject potential f or detrimental impacts to public health, safety, or the welfare of persons or property in the project site’s vicinity.

EXHIBIT B - PROJECT PLANS

FREMONT HUB MIXED-USE
PLN2024-00128 (PLN2022-00487)

CITY COUNCIL HEARING
04/16/2024

(d) Where HARB review is required, the proposed p roject is consistent with the applicable standards and findings required in Chapters 18.135 and 18.175.

Analysis: The proposed project does not involve a site within a historical overlay district or one that includes a Register or Register-eligible historic resource. As such, HARB review is not required for the project.

Tree Removal Finding:

Pursuant to FMC Section 1 8.215.070, the following finding is required in order to allow for the proposed removal of trees that are subject to protection under the City’s Tree Preservation Ordinance:

(a) The proposed removal of 62 protected trees would be consistent with the City’s Tree Preservation Ordinance.

Analysis:

The project’s proposed removal of 6 2 private protected trees is necessary to enable reasonable and conforming use of the property. All trees to be rem oved cannot be preserved by a reasonably required project redesign. The protected trees tha t would be lost would be replaced with 232 new trees planted throughout the site in accordance with the applicable provisions of the Landscape Development Requirements & Policies.

CEQA Finding:

Pursuant to CEQA Guidelines Section 15162, the following findings are required for projects when an EIR has been certified for a project and no subsequent EIR shall be prepared for that project unless the lead agency dete rmines, o n the basis of substantial evidence in l ight of the whole record, one or more of the following:

1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative decl aration due to the involvement of new si gnificant environmental effects or a substantial increase i n the severity of previously identified significant effects;

2. Substantial changes occur with respect to the circumst ances under which the project is underta ken which will require major re visions of the previous EIR or negative declar ation due to the invo lvement of new significan t environmental effects or a substantial increase in the severity of previously identified significant effects; or

3. New information o f substantial importance, which was not known and could not have been known w ith the exercise of r easonable diligence at th e time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:

(a) The project will have one or more signi ficant effects not discussed in the previous EIR or negative declaration;

(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;

(c) Mi tigation measures or alternativ es previously found not to be feasible would in fact be feasible and would su bstantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or

(d) Mitigation measures or alternatives which are consi derably different from those analyzed in the p revious EIR would su bstantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

Analysis: As documented in the CEQA Environmental Compliance Checklist (included as Informational Item No. 1) prepared for the project, none of the criteria listed above has occurred. This checklist and other evidence i n the record supports the use of the certified General Plan Update EIR for the project pursuant to CEQA Gu idelines Sections 15162 and 15164, finding that the mitigation measures from the EIR are applied to and adequate for the proposed p roject, which is withi n the scope of the EIR , and that no fur ther CEQA documentation is required.

II. CONDITIONS OF APPROVAL

General Conditions:

1. Conformance to Approved Plans and Ex hibits. The project shall substantially conform to Exhibit “A” ( Project Plans ), the City Center Community Plan, and all conditions of approval set forth herein.

2. Allowable Uses. The proposed uses are allowed:

A freestanding 13,000-square-foot retail-pharmacy building with a drive -through lane and a six-story mixed-use building containing 314 apartment units and 14,157 square feet of retail-commercial space in accordance with the City C enter District and City Cen ter Community Plan standards and guidelines.

3. Minor Modifications to Approved Plans. Minor modifications to the approved plans and may be made, subject to review and approval of the Planning Manager and/or City Engineer. Minor modifications to building elevations and footprints that support a superior project design may be made, subject to review and approval of the Planning Manager and City Engineer. The Planning Manager and City Eng ineer shall retain the authority to determine the level of review required (i.e., depending on the severity or location of the modification, the project may be referred to the Zoning Administrator or Planning Commission for public comment, review and approval).

4. Addressing. An application shall be subm itted to the City’s GIS Division for approval of the addressing for the developme nt prior to building permit issuance . Building addresses shall be plainly legible and visible from the public street. These numbers shall contrast with their background.

5. Construction Management Plan. The applicant shall provide a Construction Management Plan addressing the following item s to the satisfaction of the Planning Manager and City Engineer or designee, prior to issuance of a building permit:

a. Project staging plan to maximize on-site storage of materials and equipment. b. A set of comprehensive t raffic control measures, including s cheduling of major truck trips and deliveries to avoid peak h ours; lane closure proceedings; signs, cones, and other warning devices for drivers; and designation of construction access routes. c. Permitted construction hours, in conformance with FMC Chapter 18.160. City approved construction hour signs shall be posted on the site advising workers and surro unding neighbors of the approved construction hours.
d. Location of construction staging.
e. Identification of parking areas f or construction employees, site visitors, and inspectors, including on-site locations and along neighboring roadways. f. Provisions for street sweeping to remove construction related debris on public streets. g. Vibration-reduction measures when working in areas i n close proximity to occupied structures.

6. Development Impact Fees. The project shall be sub ject to citywide development impact fees. These fees include fees for fire prote ction services, capital facilities, park facilit ies and parkland, and traffic facil ities. The fees shall be calcu lated at the rate in effect at the time of project SB 330 Preliminary Application approval (Decemb er 22, 2022; see PRP2023-00027).

7. Affordable Housing . The pro ject shall comply with all a pplicable provisions of the Affordable Housing Ordinance (FMC Chapter 18.155).

8. Commercial Linkage Fee . The project shall be subj ect to the c ommercial linkage fee.

The fees shall be calculated at the rate in effect at the time of building permit issuance.

9. Expiration. Approval of the Discretionary Design Review Permit shall expire forty-eight (48) months after the date of approval in accordance with the provis ions of the Fremont Municipal Code. An extension of time may be requested by the applicant pursua nt to the FMC 18.330.030 prior to the expiration of the approval.

10. Standard Development Requirements. Pursuant to FMC Section 18.218.040, as amended, the project shall be subject to all applicable standard development requirements to address resource prote ction, id entified in FMC Chapt er 18.218. The specific Standard Development Requirements to Address Resou rce Protection that are applicable to this project are as follows:

a. FMC 18.218.050 (a) (1) Air Quality and (a)(2) Constru ction Related Emissions – Supplemental Measures
b. FMC 18.218.050 (b)(1) Burrowing Owls , (b)(2) Nesting Birds , and (b)(3) Roosting Bats
c. FMC 18.218.050 (c) Construction Management Plan
d. FMC 18.218.050 ( d)(1) Notification and (d)(2) Accidental Discovery of Cultu ral Resources
e. FMC 18.218.050 (e) Geology and Soils
f. FMC 18.218.050 (g) Construction Noise

The Standard Development Requirements provide d in FMC Section 18.218.050 must be printed, in whole, on the Construction Plans for this project, prior to approval of a building permit, and shall be implemented before and during project construction activities.

11. Interior Noise. Indoor noise levels shall not exceed an Ldn of 45 dB(A) in new housing units. Prior to issuance of a build ing permit , a no ise insul ation study (memorandum)

conforming to the methodology of the State Building Code shall be prepared and submitted for review and approval of the Planning Manager or designee.

12. City Indemnification. The applicant shall defend, indem nify, and hold harmless the City or any of its boards, commissions, a gents, of ficers, and employees (collectively “City”) from any claim, action or proceeding against the Ci ty to attack, set aside, void, or annul, the approval of the project. The City shall promptl y notify the applicant of an y such claim, action or proceedi ng and sh all c ooperate fully i n the defense. Nothing contained in this condition shall prohibit the City from participating in a defense of any claim, action, or proceeding if the City be ars its o wn attorney’s fees and costs, and the City defends the action in good faith.

Planning Conditions:

13. Parking Garage Security . The parking garage shall be monitored with cameras and sound monitors , and de tails of these security features shall be included in the proj ect building permit submittal for review and approval.

14. Lighting Plan. A lighting plan, submitted in conjunction with a photometric pla n, shall be subject to City review and approval during the building permit review process. The lighting plan should be de signed to meet Illuminating Engineering Society of N orth Amer ica (IESNA) standards. All lighting shall be consistent with the archite ctural design of the buildings. In compliance with the FMC, lighting will be review ed to avoid substan tial light or glare that may have an impact on day or nighttime views i n the area. All wall lighting fixtures or sconces shall be of high quality, decor ative lighting fixture s with co ncealed lighting e lements. Sufficient security lighting shall be install ed within parking garages, commons areas, plazas and walkways, subject to the re view and app roval of P lanning Manager or designee, prior to issuance of a building permit.

15. Master Sign Program . Signs are not a part of this approv al. All signage conceptually shown or located on the plans are subject to review and approval. The applicant shall apply to the Community Development Department for a Master Sign Program that shall be subject to review in accordance with the Fremont Municipal Code.

16. Utilities Screening. All ground mounted utiliti es, which include but are not limited to transformers, backflow devices, and water meters, shall be undergrounded, integrated into the b uilding o r screened through walls and landscaping so that the y are not visually obtrusive. Prior to issuance of a build ing permit, the developer shall submit plans fo r review and ap proval that shows how ground mounted utilities have been screened to the satisfaction of the Planning Manager.

17. Treatment of Service Doors. All service doors shall be color- treated to match th e color of the building ’s adjacent exterior walls. N o service doors shall be allowed facing Mowry Avenue.

18. Private Open Space Areas. Balconies and patios shall be kept clear of laundry, st orage, and mechanical equipment such that no such items or materials may be seen from the public right -of-way or w alkways within the project site. If air conditioning or other mechanical units must be placed in patios, they shall be screened with screening material and painted to appear compatible with that of the units to the satisfaction of the Planning Manager. The applicant/developer shall work with satellite/cable service providers on a universal, centralized satellite/cable service systems to minimize the amount of equipment (i.e., number of satellite dishes, control boxes, etc.) needed to provide optional service to all tenants. The cost to implement this system shall be borne by the applicant/developer of

the project. In addition, all bedrooms, dens , and living rooms, shall be pre -wired with phone, cable and satellite connections. No exter nal wiring of these ut ilities shall be permitted.

Landscape Conditions:

19. Landscape Design Criteria . Proposed Landscape Design shall adhere to the City’s Landscape Development Requirements & Policies (LDRP), as amended.

20. Tree Planting Areas. All tree planting areas shall be a minimum of six feet in width and free of all utility structure s and other built features, consisten t with the spacing requirements defined in the LDRP.

21. Street Trees (Size). All street trees shall be a minimum 24 -inch box size wi th the final tree selection coordinated and approved by the City Landscape Architect. Cit y of Fremont Standard Detail for street tree planting (LSD-1) shall be included in the plan set.

Engineering Conditions:

22. Construction Agreement. An encro achment permit for the public street improvements is required. Encroachment permit shall be issued prior to or concurrently with issuance of the building perm its for the proposed retail -pharmacy pad site ( phase 1A) and mixed-use development (phase 1B). The public improvements conditioned as part of this entitlement requires the execution of an Improvement Agreement that guarantees the completion of the public street improvements to the satisfaction of the Director of Public Works. The Improvement Agreement shall be fully e xecuted by the developer prior to issuance of the encroachment permit. This agreement includes engineered plans prepared by the applicant’s consultant, reviewed, and approved by the City, surety (Faithful Performance, Labor and Material and Warranty) and insurance.

23. Street Improvements.
a. The developer shall be responsible to remove and re place curb, gutter, bike path, and sidewalk along the project frontage damaged during project construction. b. The developer shall remove and replace broken or uplifted curb, gutter, and sidewalk along project frontage.
c. The developer shall construct a minimum 14-foot-wide sidewalk along the project’s Mowry Avenue frontage and a minimum 15-foot-wide sidewalk along the project’s Fremont Boulevard frontage.
d. The developer shall construct the street improvement of Mowry Avenue and Fremont Boulevard to the satisfactio n of the Director of Public Works. Improv ements shall include but are not limited to the following: curb & gutter, sidewalk, asphalt pavement, streetlights, fire hydrants, street trees, tree well planters, water, sewer and storm drainage facilities, join t trench facilities, curb ramps, an d signing and striping.
e. The developer shall construct 26 -foot-wide type (B) driveways to the satisfaction of the Director of Public Works.
f. The developer shall grind and overlay Fremont Boulevard in accordance with the City of Fremont “Street Cutting Policy – Multiple Cuts within One Block.”

24. Right-of-Way Dedication. The developer shall dedicate the right -of-way (ROW) needed to accommodate the ultimate street conf iguration along the project frontages on Mowry Avenue and Frem ont Bo ulevard to the satisfaction o f the Director of Public Works. The ROW dedication shall be reviewed and approved by the Engineering and executed by the developer prior to issuance of the encroachment permit for public street improvements.

25. Public Sidewalk Easement. The developer shall dedicate the public sidewalk easement needed on Mowry Avenue along the proj ect frontage to the satisfaction of the Di rector of Public Works . The easement shall be r eviewed and approved by the Engineering and executed by the developer prior to issuance of the encroachment permit for public street improvements.

26. Vacation of Public Storm Drain Easement. The developer shall cause to vacate portion of the existing storm drain easement (SDE) within the boundaries of the proposed project.

The vacation of the existing SDE must be approved by the City Council prior to issuance of the encroachment permit for relocating the existing 36” public storm drain line and building permit for mixed use development (phase 1B).

27. Relocation of Public Storm Drain Line. An encroachment permit for relocating portion of the existing storm drain line is required . Developer shall relocate the existing storm drain line prior to recordation of the existing public storm drain easement vacation.

28. Public Storm Drain Easement. The developer shall dedicate the public storm easement (SDE) needed to accommodate the relocation of the existing 36 ” public storm drain line to the satisf action of th e Director of Public Works. SDE shall be recorded prior to or concurrently with recordation of the existing public storm drain easement vacation.

29. Emergency Vehicle Access Easement. The developer shall dedicate emergency vehicle access easement to the satisfaction of t he Fire Department . The ea sement shall be reviewed and appro ved by the Fire Departm ent and De partment of Public Works and executed by the developer prior to issua nce of the building permit for mixed use development (phase 1B).

30. Grading and Geology.
a. Coverage Under S tatewide Construction General Permit . Projects involv ing land disturbance of one acre or more are required to obtain coverage under the “Construction General Permit” ( NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities). The applicant must file a Notice of Intent (NOI) to the State Water Resources Control Board (SWRCB), prepare and submit a Storm Water Pollution Prevention Plan (SWPPP), and obtain a Waste Discharge Id entification number (WDID). A cop y of the NOI must be submitted to the City’s Projec t Engineer prior to issuance of de velopment pe rmits (including demolition, grading, and building permits).
b. Erosion and Sediment Control Plan. The project plan set must include an Erosion and Sediment Contr ol Plan (ESCP) sheet showing the Best Management Pr actices (BMPs) to be implemented t o minimize p ollutant discharges related to construction activity. T he ESCP must s how the development site at the stage of maximum land disturbance. A copy o f the ESCP and /or SWPPP Plan must be maintained on th e project site at all times throughout the dem olition/grading/construction process; the ESCP and/or SWPPP must be updated as nec essary to show adequate BMPs appropriate for the current stage of the project.

31. Stormwater Treatment and F low Control Facilitie s. The Project is required to implement post -construction measures to minimize stormwater pollutant disc harges and increases in peak flows in ac cordance with the requirements of the Muni cipal Region al Permit (MRP). The Preliminary Stormwater Management Plan provided by the developer as part of the entitlement approval is approved in concept only; the Final Stormwater Management Plan must contain/address all elements of the Final Stormwat er Management Plan Ch ecklist (availab le at www.fremont.gov/swmp). Developer is required to submit engineered plans, details and calculations that demonstrate compliance with Provision C.3 of the Municipal Regional Permit.

32. Stormwater Treatment Measures Maintenance Agreement. The project is required to submit a Stormwater Treatment Measures Maintenance Agreement (aka O&M Agreement) for review and approval concurrent with the application for building perm its. Template documents and instructions for completin g the O&M Ag reement m ay be found at https://www.fremont.gov/government/departments/environmental-services/stormwater- permits. Submittal of an approv ed, executed O&M Agreement is required prior to Final Map approval.

33. Quitclaim of Pri vate Easemen ts. The d eveloper s hall cause to quitclaim all existing easements (AT&T, ACWD, and PG&E) within the boundaries of the proposed project .

Recorded quitclaim documents shall be provided to the City prior to the issuance of building permits for the retail -pharmacy pad site (phase 1A) and mixed -use development (phase 1B).

34. Storm. The developer is required to submit a hydrology map and hydraulic calc ulations prepared, stamped, and signed by a licensed California Civil Engineer using a design storm of 15 -year recurrence interval for primary facilities and 1 0-year recurre nce interval for secondary facilities in accordance with the Alameda County Public Works Agency Hydrology and Hydraulics Criteria to ensure adequate conveyance of storm run -off from the project site. Off-site construction of storm drainage f acilities to m itigate projected flows may be required.

Fire Safety Conditions:

35. Emergency Vehicle Access Easement. An Emergency Vehicle Access Easement shall be provided for the co mmon Fire Departm ent access roadway s. A copy of the recorded easement shall be made available upon request by the Fire Department. Re cording shall occur prior to the issuance of a Certificate of Occupancy.

36. Fire D epartment Access Road. A Fire Department acc ess road (Private E VAE) shall meet Fire Department standards for surface type; all weather, distance; not to exceed 150 feet in length without an approved turnaround, weight loads; 75, 000 lb. minim um, turn radius; radii of 22.5 inside and 37.5 outside measured from the same point, grades; not to exceed 15 percent, cro ss grade, intersections and turnarounds shall be level (maxi mum 5%) with the exc eption of crowning f or water run -off and ve rtical clea rance; 13. 5 minimum. These access roads sh all be designated as Fire Lanes to t he satisfaction of the Fire Marshall or designee. Fire Department access roadways shall not be comprised of turf block.

37. Fire Pump Room. The fire pump room shall have an outside wall door that opens to the Fire Department access roadway.

38. Fire Flow. In accordance with the California Fire Code, Appendix B, “fire flow and duration shall not be less than that specified in table B105.1.” A re duction in required fire flow of

50% is required by the Fremont Municipal Code when the building i s provided with an approved automatic sprinkler sy stem. The project shal l consult with a F ire Protection Engineer and provide a complet e set of ca lculation concerning the adequacy of the water supply from the source to the most remote fire hydrants and/or fire sprinkler system when applicable.

39. Code Compl iance. The project shall meet all requirements of the currently adopted edition of the California Building, Fire and City of Fremont Municipal Codes in effect at the time of building permit / business license application.

Stormwater Conditions:

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

41. Stormwater Management Plan. The provided Preliminary Stormwater Management Plan is approved in concept only. Approval of the final St ormwater Management Plan is subject to City Engineer approval prior to Building Permit issuance. Approval is subject to th e developer providing the n ecessary plans, site specific details, and calculations that demonstrate that the proposed stormwater treatment measures comply with the standards established with the most recent San Francisco Bay Regional Water Quality Control Board National Pollutant Discharge Elimination System (NPDES) Permit

42. Silva Cell (SC) Systems. The applicant shall contin ue to work with staff to finalize the design of the proposed Silva Cell ( SC) systems. The following design considerations will need to be addressed to the satis faction of the City Engineer prior to approval of any building permits for the project:

a. Trees being used must have root systems where the drip line will realistically access all of the treatment soil.
b. Shrubs or plants being used above SCs must be deep rooted plants where their roots will be able to access the treatment soil layer. Site specific details will be required to show how the SC’s will be constructed.
c. SC locations must include some sort of inspection ports (8”) for staff to see if the treatment measures are functioning properly. Ports should be located within the system if possible and at the point in which it connects to the storm drain collection system.
d. SCs will be designed in a way where they are at a reasonable depth below the ground surface to ensure that the adjacent tree root systems can access the SC’s. e. Irrigation for the trees supporting SC’s may require modification to ensure that the tree root systems can continue to grow into the SC’s during the dry season. f. SC designs will need to provide overflow drains to allow larger storm events to bypass the system.

43. Bubble Up Systems. The developer shall continue to work with staff to either remove the bubble up systems from the pr oposed stormwater design or provide a bubble up system that meets the sizing criteria and design that shows that the bu bble ups can: 1) drain within 72 hours after a storm e vent or provide control measures to alleviate potential vector control issues, and 2) will not be a maintenance burden for fu ture residences of the project.

Building Safety:

44. Building Code. The project shall meet current building code (at the time of building permit application). At this time, the CBC 2022 code is applicable. For permits submitted on or after January 1, 2026, the CBC 2025 will be enforced.

45. Soils Investigation. The project site is located within an ear thquake induced liquefaction zone. A soils investigation r eport is required at the time of building permit submittal. The City reserves the right to require peer review of the investigation.

46. Outside Agency Letters. The developer shall provide approval letters / stamped plans from all utility agencies prior to the issuance of building permits.

Transportation Conditions:

47. Signage and St riping. On-site and off -site signing and striping plan will be required as part of the development review proc ess and pri or to the issuance of bui lding permits .

Installation of additional signing and striping may be required along the project frontages, pending City review of the off -site signing and st riping plans. Include a general note on the signing and striping plans stating that all signing and stripin g shall conform to the latest provisions of CA MUTCD, Caltrans Standard Plans and Specifications, and the City of Fremont Standard Details.

Environmental Services – Waste Management:

48. Garbage an d Recycling Requirements. Garbage an d recycling r equirements are explained in the F remont Waste Handling Guidelines document, available at:
www.fremont.gov/whg. The applicant shall be responsible for i ncorporating the guidelines into their project.

49. Collection Service. Weekly garbage, recycling and organics collection services are required for all commercial and resi dential properties and are provide d by Republic Services on an e xclusive basis. An organi cs/compost container must b e located in the same area as the garbage and recycling drop-off.

50. Access. Each project must provid e on-site access for garbage and recycling service with sufficient space for trucks to dri ve through or turn around. The require d turning radius for garbage trucks is 22.5 feet for the inside radius and 37.5 feet for the outside radius. 14’ of height clearance is needed for trucks to drive under or through.

51. Collection. Applicant must ensure adequate, accessible and convenient areas for collecting and loading of materials by the garbage and recycling trucks. Tras h/recycling/organics containers will be staged for pickup along the shared access agreement on the east side.

52. Trash and Chute Room. Trash rooms/enclosures at multi-family apartment housing shall observe the requirements of the C A Building Code and the requirements o f Title 24 regarding accessibility to solid waste and recycling collection containers for pe rsons with disabilities (CCR Title 24, Part 2). Trash rooms in mixed-use buildings additionally require a sanitary sewer connection requiring Union Sanitary District approval.

53. Trash Management Plan. A trash management plan shall be provided for review an d approval by Environmental Ser vices Division staff during the building p ermit phase of the

project.

54. Separation. The pr oject shal l provide an indoor commercial trash room and an ind oor residential trash room.

55. Pick-Up Hours. Potential tenants shall be advised by the property manager that this is a mixed-use area, and as such waste collection activities can occur as early as 4:00 AM.

56. Accessibility. Trash rooms/enclosures at multi-family apartment housing shall observe the requirements of the California Building Code and the requirement s of Title 24, regarding accessibility to solid waste and recycling coll ection containers for pers ons with disabilities (CCR Title 24, Part 2).

57. Trash Room Location. Trash enclosures/room must be located with in 250 feet of each dwelling unit (walking distance). Building permits plans shall indicate travel distances from each unit.

58. Sanitary Sewer Connection. Trash rooms in mixed use buildings need a sanitary sewer connection. Plans will need to be submitted to Union Sanitary District for approval of t he sanitary sewer connections for the floor drains and grease interceptors in the trash rooms.

Requirements to be Completed Prior to Request for Final Inspection:

59. Final Engineering Certification. Upon completion of grading, the project engineer that prepared the final approved grading plan shall submit to the City a statement that the as- built grading condi tions do not deviate from the appr oved plan by more than one foot of vertical elevation, subject to the review and approval of the Public Works Department prior to the issuance of a building occupancy permit.

60. Final Architectural Certification. Upon completion of construction, the projec t architect shall submit a letter to the City certifying that the building has been constructed in accordance with approved a rchitectural plans, subject to review and approval of the Planning Manager.

61. Final Landscape Certific ation. Upon completion of all l andscape work, the project landscape architect shall submit a letter to the Planning Division and Public Works Department certifying that the on-site and streetscape landscaping have been constructed in conformance with the a pproved landscape and irrigation plan, subject to the review and approval of the City Landscape Architect.

END OF CONDITIONS

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