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<br />Recommended Conditions of Approval July 17, 2017 <br />PLN16-0067 Page 4 of 13 <br />within this 90-day period, complying with all of the requirements of Government Code <br />Section 66020, the applicant will be legally barred from later challenging any such fees, <br />dedications, reservations or other exactions. <br /> <br />2. The proposed development shall comply with City ordinances, policies and regulations. <br />All improvements shall be in accordance with the City’s Design Standards, <br />Specifications and Standard Plans unless otherwise specifically approved by the <br />Principal Engineer. <br /> <br />3. The project shall include a public trail for bicycle, pedestrian and emergency vehicle <br />access which shall be fully improved, and shall include lighting, fencing, entry gates, <br />signage and striping, etc. A public access easement shall be dedicated to the City for the <br />trail. The applicant shall be responsible for the maintenance for this area. <br /> <br />4. Exception #9 of the title report provided references to Ordinance No. 2014-014 which <br />vacated portions of Martinez Street and West Estudillo Avenue. Exception #11 of the <br />title report references Instrument No. 2014312541, which is an “Irrevocable Offer of <br />Dedication” and granted the City a right-of-way easement over the same property. The <br />irrevocable offer also indicates that the real property described in the Exhibit “shall be <br />kept open, clear and free from building or structures of any kind.” The project is <br />proposed over some of the land described in the irrevocable offer. The Developer shall <br />aid the City in the preparation of vacation documents for these right-of-way easements. <br />The City is working with SLTC to resolve this issue. A summary vacation will be <br />necessary according to Division 9, Part 3, Chapter 4 of the California Streets and <br />Highways Code. This summary vacation will require City Council action, which will be <br />scheduled for an upcoming meeting. <br /> <br />5. The above mentioned Ordinance No. 2014-014 reserves easements over the vacated <br />lands for existing utilities, until such time those utilities are relocated. There appear to <br />be EBMUD and PG&E mains in the project area that, once the utilities are relocated, <br />the corresponding easements will need to be quitclaimed. Easements will also need to <br />be provided for the relocated utilities. The proposed building footprint conflicts with a <br />PG&E easement, recorded at the Alameda County Recorder’s Office, instrument <br />number 2015291737. Applicant shall work with PG&E to relocate the utilities, as <br />necessary, quitclaim the easement, and provide a new easement at the relocated utility <br />alignment for consideration. <br /> <br />6. The City’s utility easement, reserved by Ordinance 2014-014, across Martinez Street for <br />the EBMUD water main is in conflict with the proposed building footprint. The <br />Applicant shall work with EBMUD to relocate the water main and dedicate a new <br />EBMUD easement, so that the City can quitclaim the existing easement. The easement <br />must be quitclaimed prior to the issuance of Building Permits. <br /> <br />B. Geotechnical <br /> <br />1. The project shall incorporate the recommendations within the Final Geotechnical <br />Investigation by Rockridge Geotechnical, dated August 7, 2014, into the design of the <br />project. <br /> <br />187