HomeMy WebLinkAbout04-060 IronHrs Trl SDR & Condo
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: DECEMBER 13,2005
ATTACHMENTS:
PUBLIC HEARING: PA 04-060 Tentative Condominium Map
and Site Development Review to create 177 condominium units
and construct additional carports for 88 existing parking stalls for
the Iron Horse Trail Apartments located at 6253 Dougherty Road
(Report prepared by: Jeff Baker, Associate Planner~
1. Vicinity Map
2. Resolution approving the Tentative Map 7589.
3. Resolution approving Site Development Review to construct
carports for 88 existing parking stalls
4. Applicant's written statement
5. Notice of Intent to File a Condominium Map
SUBJECT:
RECOMMENDA nON:
1.
2.
Open the Public Hearing;
Receive Staff Presentation and take testimony from the
Applicant and the Public;
Close the Public Hearing and Deliberate; and
Adopt the following Resolutions:
a. Resolution approving a Tentative Map 7589
(Attachment 2).
b. Resolution approving Site Development Review to
construct carports for 88 existing parking stalls
(Attachment 3).
3.
4.
PROJECT DESCRIPTION:
The 6.385-acre (net) project site is located at the northeast comer of Dougherty Road and Houston Place
at 6253 Dougherty Road. The property has Planned Development (PD) Zoning for a multi-family
residential use and has a General Plan Land Use Designation of Medium-High Density Residential and
Retail/Office.
On April 6, 1999, the City Council approved a General Plan Amendment changing the General Plan Land
Use designation from Business ParklIndustrial to a combined Medium-High Density Residential and
Retail/Office land use. The combined land use designation permits use types that fit either of these
designations or a mix of the use types. On October 26, 1999, the Planning Commission approved a Site
Development Review Permit for the 177-unit Iron Horse Trail Apartments, and related site improvements
(Resolution 99-31). On November 16, 1999, the City Council approved a Resolution adopting a
Mitigated Negative Declaration (Resolution 202-99), and an Ordinance (Ordinance No. 26-99) approving
a Planned Development Zoning District to establish general provisions and development regulations for a
residential development subject to the following two conditions of approval: 1) provide two moderate
income units in addition to paying in-lieu fees for the remaining 7 units; and 2) work with Staff to provide
COPIES TO: Applicant/Property Owner
PAFile
ITEM NO.
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G:\PA#\2004\04-060 Iron Horse Condo Map\PCSR 12-13-0S.doc
art at one of the comers of the project. The project has been constructed and is currently operated as the
Iron Horse Trail Apartments.
The City of Dublin Zoning Ordinance (Chapter 8.54) regulates the conversion of existing residential
apartment units held in a single ownership to condominium units to be sold individually. The ordinance
provides criteria for the Planning Commission to regulate, restrict and in some cases, prohibit the
conversion of existing residential apartment units; evaluate the physical appearance of the property being
converted; and, mitigate the impacts to tenants that are displaced by such a conversion. The Zoning
Ordinance establishes a two step process in order to convert an existing apartment complex to for sale
condominiums: 1) the property owner must record a Condominium Map; and 2) obtain a Condominium
Conversion Permit. The Condominium Conversion Permit is the mechanism used by the City to evaluate
such a conversion. A property owner may obtain a Condominium Map without a Condominium
Conversion Permit. However, the units cannot be sold individually without first obtaining the
Condominium Conversion Permit.
The Applicant currently requests approval of a Tentative Condominium Map (Attachment 2) to subdivide
the Iron Horse Trail Apartments and create 177 condominium units. The Applicant further requests
approval of a Site Development Review permit to construct additional carports (Attachment 3) over
existing parking stalls to comply with the City of Dublin Zoning Ordinance parking requirements for
Condominiums (Section 8.76.080.B).
ANALYSIS:
Condominium Map
The proposed Condominium Map allows airspace within the project to be sold as individual units. Staff has
determined that the lot configuration is suitable for a condominium project, as mechanisms will be put in
place (i.e. CC&Rs and a Homeowners Association) to ensure the maintenance of the common areas, streets
(drive aisles), parking and landscaped areas. The proposed map will not affect the design or function of the
existing project.
A. Consistency with the Subdivision Map Act
The Subdivision Map Act regulates the subdivision of the ownership interest in real property and
provides certain protections to existing tenants of apartments that are converted to condominiums.
Among other things, these protections require the property owner to provide each tenant with a notice
of intent to file a tentative map application 60 days prior to submitting the application to the City. The
proposed Tentative Map has been prepared in accordance with the requirements of the Subdivision
Map Act and the property owner has provided tenants with the required notification (Attachment 5).
B. Consistency with the General Plan
The subject property has a General Plan Land Use (GPLU) designation of MediumlHigh-Density
Residential and Retail Office. The MediumlHigh-Density land use designation permits 14.1 to 25
dwelling units per acre. The existing multi-family development was constructed in conformance with
the GPLU designation for the 7.39-acre (gross) site. The approval of this Tentative Map (and
subsequent recordation of a Final Map) will not cause physical changes to the subject property that are
not consistent with the General Plan. Therefore, with the approval of the proposed application, the
project would remain in conformance with the General Plan.
C. Consistency with the Zoning Ordinance
Page 2 of 5
The subject property has Planned Development Zoning that established general provIsIOns and
development standards for the project site. The subject property, as developed and conditioned with
the proposed Site Development Review for additional carports, is consistent with the Planned
Development zoning district. The property owner is required to obtain a Condominium Conversion
Permit in accordance with the Condominium Conversion Ordinance (Chapter 8.54).
Affordable Housing:
As previously stated, the Iron Horse Trail Apartments is subject to the Condominium Conversion
Ordinance (Chapter 8.54) and the property owner is required to obtain a Condominium Conversion
Permit from the City of Dublin prior to offering the individual units for sale. The Condominium
Conversion Ordinance treats a converted project as a new development and requires converted
projects to provide affordable units consistent with the then current Inclusionary Zoning Ordinance
Regulations (Chapter 8.68). Therefore, the owner of the subject property would have an obligation to
provide 22 affordable units (12.5% of the units) at conversion.
At the time the Iron Horse Trail Apartments were approved, new development projects were required
to provide 5% of the units as affordable. Therefore, the 177 unit project was required to provide 9
affordable units (5% of the units). The property owner met the affordable obligation by constructing 2
units and paying in lieu fees for 7 units. The property owner would receive credit for the in-lieu fees
that were previously paid. The two existing affordable rental units would be converted to affordable
for-sale units. Therefore, the remaining obligation would be to provide a total of 13 affordable for-
sale units (22-9= 13 units).
D. Subdivision Ordinance
The Subdivision Ordinance regulates subdivisions and the preparation of maps for land within the City
of Dublin. The design and existing improvements are consistent with the requirements of the
Subdivision Ordinance. The project will function as a single project with shared parking, access, and
driveways. The project also includes shared utility infrastructure, including water, sewer, electric, fire
hydrants and other utility mains. The SDR Permit for the existing development was conditioned to
require that these site improvements be provided, and the project has been constructed in accordance
with these conditions. The approval of this Tentative Map (and subsequent execution of the Parcel
Map) will not cause physical changes to the subject property that are inconsistent with the
requirements of the Subdivision Ordinance.
Site Development Review
Parking Requirements:
The City of Dublin Zoning Ordinance contains parking requirements by use type. The parking
requirement for condominium communities is based on the number of bedrooms per dwelling unit
(Section 8.76.080.B). Table 1 below summarizes the parking requirements per unit type.
The 177 unit project consists of 89 one bedroom units, 76 two bedroom units and 12 three bedroom units.
Therefore, the subject project is required to provide 354 on-site parking spaces as shown in Table 2.
Page 3 of 5
a e -- n-slte ar ml!
Required Existing Parking
Shortfall/Excess
Covered Spaces: 265 177 (88)
Guest Spaces: 89 177 88
Total: 354 354 --
T bl 2 0 . P k'
The existing project contains the minimum number of required on-site parking spaces for a condominium
development. However, the project does not provide the required mix of covered and guest parking
spaces - the project is short 88 covered spaces (Table 2). The constraints of the existing development
preclude the ability to create additional parking spaces. Therefore, the property owner proposes to convert
the 88 extra guest spaces to covered spaces to meet the Zoning Ordinance requirement (Attachment 3).
Condition 5 has been included in the Resolution approving the Tentative Map (Attachment 2) to ensure
that these covered spaces are created prior to recording the final map so that the project is consistent with
the Zoning Ordinance parking requirements for a condominium development.
NOTICING REQUIREMENTS:
A public hearing notice for this project was sent to all property owners and residents/tenants within 300
feet of the subject property as required by law. Pursuant to Government Code section 66452.3, this staff
report was served on the applicant and the tenants of the complex on Friday, December 9, 2005.
AGENCY REVIEW:
The Public Works Department, Building Division, Alameda County Fire Department, Dublin Police
Services, and the Dublin San Ramon Services District have all reviewed the proposed map. Conditions of
Approval from these agencies are included in the proposed Resolutions (Attachments 2 and 3).
ENVIRONMENTAL REVIEW:
The California Environmental Quality Act (CEQA) Guidelines list those projects which are Categorically
Exempt from environmental review. Section 15301(k) exempts the division of existing multiple family
residences into common-interest ownership where no physical changes occur which are not otherwise
exempt. Section 15303(e) exempts accessory structures such as carports. Therefore, the project is
considered categorically exempt from the provisions of CEQA pursuant to Section 15301(k) and 15303(e)
of the State of CEQA Guidelines.
CONCLUSION:
Staff concludes that this application is consistent with the General Plan, Zoning Ordinance, Subdivision
Ordinance and the Subdivision Map Act, as stated in the attached Resolution (Attachments 2 and 3).
RECOMMENDATION:
Staff recommends that the Planning Commission (I) open public hearing, (2) receive Staff presentation
and take testimony from the Applicant and the Public, (3) close public hearing and deliberate, (4) adopt
the following Resolutions:
a. Resolution approving Tentative Map 7589 (Attachment 2)
b. Resolution approving Site Development Review to construct carports for 88 existing parking stalls
(Attachment 3)
Page 4 of 5
GENERAL INFORMATION:
PROPERTY OWNER:
APPLICANT:
LOCATION:
ASSESSORS PARCEL NO.:
EXISTING ZONING:
GENERAL PLAN DESIGNATION:
Bill Rogers, Ameriton Properties, 2350 Mission College
Boulevard, Ste. 1140, Santa Clara, CA 95054
Richard Tso, Kier & Wright Civil Engineers & Surveyors,
3350 Scott Boulevard, Bldg 22, Santa Clara, CA 95054
6253 Dougherty Road
941-0550-069
Planned Development (PD)
Medium-High Density Residential and Retail/Office
Page 5 of 5
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ATTACHMENT I
RESOLUTION NO. 05 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING TENTATIVE MAP 7589 FOR CONDOMINIUM PURPOSES
FOR THE PROPERTY LOCATED AT 6253 DOUGHERTY ROAD (APN 941-0550-069)
P A 04-060
WHEREAS, the Ameriton Properties has requested approval of Tentative Map 7589 to subdivide
the 6.385± acre site into a condominium creating 177 units and common areas (APN 941-0550-069)
located east of Dougherty Road and north of Houston Place; and
WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin
Subdivision Regulations require that no real property may be divided into two or more parcels for purpose
of sale, lease or financing, unless a tentative map is acted upon, and a final map is approved consistent
with the Subdivision Map Act and City of Dublin Subdivision Regulations; and
WHEREAS, a complete application for the project is available and on file in the Dublin Planning
Department; and
WHEREAS, this project is subject to the Condominium Conversion Ordinance (Chapter 8.54 of the
Dublin Municipal Code) and the property owner will be required to obtain a Condominium Conversion
Permit in accordance with the Ordinance prior to the sale of individual units; and
WHEREAS, the Tentative Map for condominium purposes is classified as a Categorical Exemption
under the California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15301(k)
(Existing Facilities), as conditioned is in compliance with the City of Dublin General Plan, and City of
Dublin Zoning Ordinance, no variances or exceptions are required, all services and access to the parcels
are available, the parcel was not involved in a division of a larger parcel within the previous two years,
and the parcel does not have an average slope of greater than 20 percent; and
WHEREAS, a Tentative Map for condominium purposes has been submitted to the City as required
by Chapter 9.08 of the Dublin Municipal Code; and
WHEREAS, Ameriton Properties submitted a related Site Development Review application, to
construct carports for 88 existing parking spaces at the Iron Horse Trail Apartments; and
WHEREAS, the Planning Commission did hold a public hearing on said application on December
13,2005; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law, and
the report and recommendation on the tentative was served in all respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve
the Tentative Map 7589 for condominium purposes subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
all said reports, recommendations and testimony hereinabove set forth.
ATTACHMENT ;?-
NOW, THEREFORE, BE IT RESOLVED THAT THE City of Dublin Planning Commission
does hereby find that:
A. Tentative Map 7589 for condominium purposes is consistent with the intent of applicable
subdivision regulations and related ordinances.
B. The design and improvements of Tentative Map 7589 for condominium purposes are
consistent with the General Plan objectives, polices, general land uses, and programs as they
relate to the subject property in that it is a subdivision for implementation of a medium high
density residential project in an area designated for this type of development.
C. Tentative Map 7589 for condominium purposes is consistent with the Planned Development
Zoning/Stage 1 and 2 Development Plan approved for the Iron Horse Trail Apartments, P A 99-
019, and is therefore consistent with the City of Dublin Zoning Ordinance.
D. The project site is located adjacent to major roads, including Dougherty Road and Houston
Place, on approximately 6.385± acres of land with relatively flat topography and is therefore
physically suitable for the type and intensity of existing residential development.
F. The design of the subdivision will not conflict with easements, acquired by the public at large,
or access through or use of property within the proposed subdivision. The City Engineer has
reviewed the map and title report and has not found any conflicting easements of this nature.
NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE City of Dublin Planning
Commission conditionally approves Tentative Map 7589 for condominium purposes (PA 04-060) which
will subdivide the 6.385± acre site into a condominium creating 177 units as well as a common area for
the property located at 6253 Dougherty Road and further identified as APN 941-0550-069. This approval
shall conform generally to: the Tentative Map 7589 for condominium purposes prepared by Kier &
Wright dated received on February 18, 2005 labeled Exhibit A consisting of one (I) sheet stamped
approved, except as specifically modified by the Conditions of Approval contained below and the
Department of Public Works Standard Conditions of Approval included as Exhibit B.
CONDITIONS OF APPROVAL
Unless otherwise stated. all Conditions of Approval shall be complied with prior filing the Final Map and
shall be subiect to Planning Department review and approval. The following codes represent those
departments/agencies responsible for monitoring compliance with the Conditions of Approval: fPLl
Planning. fBl Building. fPOl Police. fPWl Public Works. fADMl Administration. fFINl Finance. fPCSl
Parks and Communitv Services. fFl Alameda Countv Fire Department. fDSRl Dublin San Ramon
Services District. fCOl Alameda Countv Flood Control and Water Conservation District Zone 7.
NO.
CONDITION TEXT
RESPON. WHEN OURC
AGENCY/ REQUIRED
DEPART. Prior to:
PL,PW Approval of Standard
Final Map
Conformance with Tentative Map. Prior to
approval and recordation, the Final Map 7589 shall be
in substantial conformance with Tentative Map 7589
(PA 04-060) prepared by Kier & Wright, received
February 18, 2005, by the Community Development
De artment.
Ordinances/General Plan Policies.
PL,PW
A roval of Standard
1.
2.
2
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART. Prior to:
Applicant/Developer shall comply with the Final Map
Subdivision Map Act, City of Dublin Subdivision
Ordinance, City of Dublin Zoning Ordinance, Public
Works Policies, and the Citv of Dublin General Plan.
3. Previous Approval. This Resolution shall in no way PL Approval of Standard
invalidate or nullify the previously approved Site Final Map
Development Review for the Iron Horse Trail
Apartments (PA 99-31) approved as Resolution No.
99-31 bv the Planning Commission.
4. Expiration. Tentative Map 7589 shall expire in two PL Approval of Standard
and one-half years pursuant to the Dublin Municipal Final Map
Code Section 9.08.120 unless an extension is granted
bv the Planning Commission.
5. Parking. The project shall comply with the City of PL Approval of PL
Dublin Parking Requirements (Section 8.76.080.B). Final Map
The project shall provide the required mix of covered
and guest spaces. 88 additional covered spaces shall
be provided on-site. Existing guest spaces may be
converted to covered spaces provided that the
minimum number of spaces and the required mix of
covered and guest parking are provided.
6. Condominium Conversion Permit. This project is PL Condominium PL
subject to the Condominium Conversion Ordinance Conversion
(DMC Chapter 8.54). The property owner shall obtain and On-going
a Condominium Conversion Permit prior to the sale of
individual units within the Proiect.
7. Davis-Stirling Common Interest Development Act. PL,PW On-going Standard
All documents prepared in conjunction with Tentative
Map 7589 shall conform to the Davis-Stirling
Common Interest Development Act.
8. Covenants, Conditions and Restrictions (CC&Rs). PL,PW Approval of Standard
An association shall be formed by recordation of a Final Map
declaration of Covenants, Conditions and Restrictions.
Said declaration shall set forth the name of the
association, ownership of the Common area and
Restricted Common Area, the restrictions on the use
or enjoyment of any portion of the common area for
maintenance and/or access, and the bylaws, rules and
regulations of the association. Prior to recordation,
said CC&Rs document shall be reviewed by the City
for compliance with this Resolution.
9. Condominium Plans. The applicant shall prepare for PW Approval of Standard
City review/approval condominium plans that Final Map
illustrate In three-dimensions the dimensional
characteristics and boundaries of each condominium
unit and appurtenant easement(s). Said plans shall be
recorded with the CC&Rs document.
3
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART. Prior to:
10. Easements. The applicant shall dedicate easements PW Approval of Standard
on the Final Map 7589 or shall create easements or Final Map
other rights in the CC&Rs to memorialize mutual or
reciprocal rights to shared access and utilities within
the common areas.
11. Hold Harmless/Indemnification. PL, ADM Approval of Standard
Applicant/Developer shall defend, indemnify, and Final Map
hold harmless the City of Dublin and its agents,
officers, and employees from any claim, action, or
proceeding against the City of Dublin or its agents,
officers, and employees to attack, set aside, void, or
annul an approval of the City of Dublin or its advisory
agency, appeal board, Planning Commission, City
Council, Director of Community Development,
Zoning Administrator, or any other department,
committee, or agency of the City regarding the
Tentative Map to the extent that such actions are
brought within the time period required by
Government Code Section 66499.37 or other
applicable law; provided, however, that the Applicant!
Developer's duty to so defend, indemnify, and hold
harmless shall be subject to the City's promptly
notifying the Applicant/Developer of any said claim,
action, or proceeding and the City's full cooperation
in the defense of such actions or proceedings.
12. Title Reports/Deeds. A current title report and PW Approval of Standard
copies of the recorded deed of all parties having any the Final
recorded title interest in the property to be divided, Map and on-
copies of the deeds and the Final Maps for adjoining going
properties and easements shall be submitted as
deemed necessary bv the Director of Public Works.
13. Easements. All easement dedications for DSRSD DSRSD Approval of Standard
facilities shall be by separate instrument irrevocably Final Map
offered to DSRSD or by offer of dedication on the
Final Map.
14. Easements. Pri or to approval by the City for DSRSD Approval of Standard
Recordation, the Final Map shall be submitted to and the Final
approved by DSRSD for easement locations, widths, Map
and restrictions.
15. Sewer and Waterline. No sewer line or waterline DSRSD On-going Standard
construction shall be permitted unless the proper
utilitv construction permit has been issued bv DSRSD.
16. Hold Harmless. The applicant shall hold DSRSD, DSRSD On-going Standard
it's Board of Directors, commissions, employees, and
agents of DSRSD harmless and indemnify and defend
the same from any litigation, claims, or fines resulting
from the construction and completion of the proiect.
4
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY/ REQUIRED
DEPART. Prior to:
17. Meter. Per Dublin San Ramon Services District Code DSRSD On-going Standard
Section 6.2.01 all properties served by a single meter
must be under one ownership
18. Sewer Connection Fees. Where an existing DSRSD On-going Standard
apartment building is converted into a condominium
project and divided into condominiums without a
change in the sewer facilities serving the building, the
sewer permit previously issued to the building may be
reissued, without an additional connection fee.
Whereas the management body maintains the side
sewer and any other sewer facilities linking the
building with the main sewer. Per Dublin San Ramon
Services District Code 7.2.09 Issuance of Sewer
Permit for condominium conversions.
19. Public Works Department Standard Conditions. PW Approval of Standard
The applicant shall comply with the attached Public Final Map
Works Department Standard Conditions of Approval,
dated April 13, 2005, as applicable.
PASSED, APPROVED AND ADOPTED this 13th day of December 2005.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
ATTEST:
Planning Manager
PASSED, APPROVED and ADOPTED this 13th day of December 2005.
G:\PA#\2004\04-060 Iron Horse Condo Map\PC Reso Map.doc
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CITY OF DUBLIN
PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL
GENERAL:
1, The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and
Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes
and ordinances in effect at the time of building permit.
2. In the event that there needs to be clarification to the Conditions of Approval, the Director of Community
Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to
the Deveioper without going to a public hearing. The Director of Community Development and the City
Engineer also have the authority to make minor modifications to these conditions without going to a public
hearing in order for the Deveioper to fulfill needed improvements or mitigations resuiting from impacts to this
project.
3. The Developer shall defend, indemnify, and hoid harmless the City of Dublin and its agents, officers, and
employees from any claim, action, or proceeding against the City. of Dublin or its agents, officers, or
employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal
board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any
other department, committee, or agency of the City to the extent such actions are brought within the time
period required by Government Code Section 66499.37 or otherapplicabie law; provided, however, that The
Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptiy notifying
The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such
actions or proceedings.
4. Any water well, cathodic protection well, or exploratory boring on the project property must be properly
abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances, For
additional information contact Alameda County Flood Control, Zone 7.
AGREEMENT AND BONDS:
5, The Developer shall enter into a Tract Improvement Agreement with the City for all tract improvements.
6, The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the
tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement
and approval of the Final Map, (Note: Upon acceptance of the improvements, the performance security may
be replaced with a maintenance bond that is 25% of the value of the performance security,)
FEES:
7, The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but not
limited. to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees,
Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Alameda County Fire
Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water
Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the
Development Agreement.
["-4\,T~ C f; n "71
D
Memorandum to Jeff Baker
Re: Shutts Upgrade, PA # 04-010
February 22, 2005
Page 7
8, Parkland shall be dedicated and I or in-lieu fee paid, prior to approval of the Final Map or issuance of building
permits, whichever occurs first, in accordance with the City's Subdivision Ordinance.
PERMITS:
9. An encroachment permit from the Public Works Department may be required for any work done within the
public right-of-way even if covered under an Improvement Agreement.
10, Developer shall obtain all permits required by other agencies including, but not limited to Alameda County
Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps
of Engineers, Regional Water Quality Control Board, CalTrans and provide copies of the permits to the Public
Works Department.
SUBMITTALS:
11. All submittals of pians and Final Maps shall comply with the requirements of the 'City of Dublin Public Works
Department Improvement Plan Submittal Requirements", and the 'City of Dublin Improvement Plan Review
Check Lisf'.
12. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-
City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall
approve and sign the Improvement Plans. . .
13. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading
recommendations,
14, Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the
project when the Final Map has been approved, Digital raster copies are not acceptable, The digital
vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the
precision of the Final Map. All objects and entities in layers shall be colored by iayer and named in English,
All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State
Plane, Zone III, and U.S. foot.
FINAL MAP:
15. The Final Map shall be substantially in accordance with the Tentative Map approved with this application,
unless otherwise modified by these conditions.
16. All rights-of-way and easement dedications required by the Tentative Map including the Public Service
Easement shall be shown on the Final Map,
17. Street names shall be processed for approval through the Planning Department. The approved street names
shall be indicated on the Final Map.
EASEMENTS:
18, The Developer shall grant to the City of Dublin easements for traffic signal detectors, boxes conduit, etc. at all
private streets and driveways entrances that will be signalized.
19. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right
of ways that will no longer be used,
Memorandum to Jeff Baker
Re: Shutts Upgrade, PA # 04-010
February 22, 2005
Page 8
20. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for
any improvements on their property, The easements and/or rights-of-entry shall be in writing and copies
furnished to the City Engineer.
21. All public sidewalks must be within City right-of-way or in a pedestrian access easement unless approved by
the City Engineer.
GRADING PLANS:
22. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the
approved Tentative Map, and the City design standards & ordinances. in case of conflict between the soil
engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply,
23. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include
detailed design, location, and maintenance criteria of all erosion and sedimentation control measures.
IMPROVEMENTS
24, The pubiic improvements shall be constructed generally as shown on the Tentative Map, However, the
approval of the Tentative Map is not an approval of the specific design of the drainage, sanitary sewer, water,
traffic circulation, and street improvements.
25. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as
approved by the City Engineer.
26. Developer shall construct all potable and recycled water and sanitary sewE¡r facilities required to serve the
project in accordance with DSRSD master plans, standards, specifications and requirements.
27. Fire hydrant locations shall be approved by the Alameda County Fire Departmeni. A raised refiector blue
traffic marker shall be installed in the street opposite' éach hydrant.
28. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The
maximum voltage drop for streetlights is 5%,
29, All new traffic signals shall be interconnected with other new signals within the development and to the
existing City traffic signal system by hard wire.
30. Two empty 3" conduits with pull ropes, to accommodate future extension of the traffic interconnect system
and for School District uses, shall be installed along any project arterial street frontage, The extent of this
work to be determined by the City Engineer.
31. The Deveioper shall construct bus stops and shelters at the locations designated and approved by the
LAVTA and the City Engineer. The Developer shall pay the cost of procuring and installing these
improvements.
32, The Developer shall furnish and install street name signs, and traffic signs & marking for the project as
required by the City Engineer.
33, Street trees, of at least a 15-gallon size, shall be planted along the street frontages. The varieties and
locations of the trees to be approved by the Community Development Director and City Engineer.
34. Any decorative pavement installed within City right-of-way requires approval of the City Engineer, Where
decorative paving is installed in public streets, pre-formed traffic signal loops and sleeves to accommodate
Memorandum to Jeff Baker
Re: Shutts Upgrade, PA # 04-010
February 22, 2005
Page 9
future utilities shail put under the decorative pavement. Maintenance costs of the decorative paving shall be
inciuded in a iandscape and iighting maintenance assessment district or other funding mechanism acceptable
to the City Engineer.
35. To the maximum extent possible, roof drainage shall drain across bio-swales or into bio-filters prior to
entering the storm drain system. The landscaping and drainage improvements in the bio-swale and bio-fiiters
shall be appropriate for water quality treatment. The City Engineer may exempt specific roof leaders from this
requirement if space limitations prevent adequate water treatment without creating hazards, nuisance or
structural concerns, Concentrated fiows will not be allowed to drain across public sidewalks.
36. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets
and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and
the various Public Utility agencies.
37. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies
and ordinances. All utilities shall be located and provided within public utility easements and sized to meet
utility company standards.
38. To the maximum extent practicable, all utility vaults, boxes and structures shall be underground and placed in
iandscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on
iandscape plans and approved by the City Engineer and Community Deveiopment Director prior to
construction,
CONSTRUCTION:
39. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise
allowed in writing by the City Engineer, The Developer will be responsible for maintaining erosion and
sediment control measures for one year following the City's acce¡o>tance of the subdivision improvements.
40.· If archaeological materials .i~encountered during construction, construction within 100 feet of these
materials shall be halted untii a professional Archaeologist who is certified by the Society of California
Archaeology (SCA) or the Society of Professional Archaeoiogy (SOPA) has had an opportunity to evaluate
the significance of the find and suggest appropriate mitigation measures.
41. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday
through Friday, and non-City holidays, between the hours of 7;30 a.m, and 5:30 p.m, except as otherwise
approved by the City Engineer.
42. Developer shall prepare a Construction Noise Management Plan, to be approved by the City Engineer and
Community Development Director, that identifies measures to be taken to minimize construction noise on
surrounding deveioped properties. The Plan shall include hours of construction operation, use of muffiers on
construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific
noise management measures shall be inciuded in the project pians and specifications.
43. Developer shall prepare a pian for construction traffic interface with public traffic on any existing public street.
Construction traffic and parking may be subject to specific requirements by the City Engineer.
·~âL
44. The Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to
construction activities.
45. The Developer shall be responsible for watering or other dust-palliative measures to controi dust as
conditions warrant or as directed by the City Engineer.
· Mem'orandum to Jeff Baker
Re: Shutts Upgrade, PA # 04-010
February 22, 2005
Page 1 0
NPDES:
46, Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NOI)
has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A
copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works
Department and be kept at the construction site,
47. The Storm Water Pollution Prevention Program (SWPPP) for the operation and maintenance of the project
shali identify the Best Management Practices (BMPs) appropriate to the project construction activities, The
SWPPP shall include the erosion control measures in accordance with the reguiations outlined in the most
current version of the ABAG Erosion and Sediment Controi Handbook or State Construction Best
Management Practices Handbook.
48, The Developer is responsible for ensuring that all contractors implement all storm water pollution prevention
measures in the SWPPP,
RESOLUTION NO. 05 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW (SDR) TO CONSTRUCT CARPORTS FOR 88
EXISTING PARKING STALLS AT THE EXISTING IRON HORSE TRAIL APARTMENTS
LOCATED AT 6253 DOUGHERTY ROAD (APN 941-0550-069)
P A 04-060
WHEREAS, Bill Rogers, on behalf of Ameriton Properties, has requested approval of a Site
Development Review application to construct additional carports for 88 existing parking spaces for the
Iron Horse Trail Apartments located at 6253 Dougherty Road; and
WHEREAS, a completed application for Site Development Review is available and on file in the
Dublin Planning Department; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines Section
. 15303(e), accessory structures such as carports are exempt from further environmental review; and
WHEREAS, Ameriton Properties submitted a related Tentative Condominium Map (Tract 7589)
application, to subdivide the 6.385± acre site into a condominium creating 177 units and common areas;
and
WHEREAS, the project as proposed is consistent with the General Provisions and Development
Standards for the Planned Development Zoning District for the property in which the site is located; and
WHEREAS, the project application has been reviewed by the applicable City departments and
agencies, and their comments have been incorporated into the Conditions of Approval for the project; and
WHEREAS, the Staff Report was submitted recommending that the application be approved; and
WHEREAS, the Planning Commission did hold a public hearing on said application on December
13,2005; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, a staff report was submitted recommending that the Planning Commission approve
the Site Development Review subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hear and use its independent judgment and considered
all said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission of the City of
Dublin does hereby find that:
A. Approval of this Site Development Review (SDR) application (P A 04-060) is consistent with
the intent!purpose of the Site Development Review (Section 8.104) of the Zoning Ordinance.
ATTACHMENT 3
B. The approval of this application, as conditioned, complies with the policies of the General
Plan, and with Planned Development Regulations for this project site, and with all other
requirements of the Zoning Ordinance.
C. The approval of this application, as conditioned, will not adversely affect the health or safety
of persons residing or working in the vicinity, or be detrimental to the public health, safety and
general welfare because the development is consistent with all laws and ordinances and
implements the Dublin General Plan.
D, The project site has existing improvements associated with the apartment complex and the
approved carports are designed to be consistent with the existing carports and together are
designed to provide a desirable environment for the development.
E. The subject site is physically suitable for the type and intensity of the proposed use because it
is a level site with existing parking spaces that will accommodate carports and allow sufficient
vehicular access.
F. Impacts to existing views are addressed because the project site is flat and the proposed
carports are setback from adjacent buildings and screened from adjacent uses by an existing
masonry walL
G. Impacts to existing slopes and topographic features are addressed because the property is flat
and there are no significant topographic features and the Applicant does not propose any
additional grading of the site.
H. Architectural considerations, including the character, scale and quality of the design; the
architectural relationship with the site and other buildings, signs, building materials and colors;
and the screening of exterior appurtenances, exterior lighting and similar elements have been
incorporated into the project and as Conditions of Approval in order to insure compatibility of
this development with the development's design concept or theme and the character of adjacent
buildings and uses because the proposed carports are designed to match the existing carports.
I. Landscape considerations, including the locations, type, size, color, texture and coverage of
plant materials, provisions and similar elements have been considered to insure visual relief
and an attractive environment for the public.
BE IT FURTHER RESOLVED THAT THE Planning Commission of the City of Dublin does
hereby conditionally approve PA 04-060 Site Development Review (SDR) to construct additional carports
for 88 existing parking spaces as generally depicted by the Staff Report and the Project Plans dated
September 13, 2005, and labeled Exhibit A consisting of two (2) sheets, stamped approved and on file
with the City of Dublin Planning Department, subject to compliance with the following conditions:
CONDITIONS OF APPROVAL
Unless otherwise stated, all Conditions of Approval shall be complied with prior filing the Final Map and
shall be subiect to Planning Department review and approval. The following codes represent those
departments/agencies responsible for monitoring compliance with the Conditions of Approval: fPLl
Planning, fBl Building, fPOl Police, fPWl Public Works, fADMl Administration, fFINl Finance, fPCSl
Parks and Community Services, fFl Alameda County Fire Department, fDSRl Dublin San Ramon
Services District, fCOl Alameda Countv Flood Control and Water Conservation District Zone 7.
2
NO.
CONDITION TEXT
WHEN
REQUIRED
Prior to:
ENIi~Li PI'!7ii
L Approval. This Site Development Review approval for
the Iron Horse Trail Apartments establishes the detailed
design concepts and regulations for the project.
Development pursuant to this Site Development
Review generally shall conform the project
elevations/renderings submitted by Kier & Wright dated
received September 13, 2005, stamped approved, and
on file in the Planning Department (hereinafter referred
to as the "Project Plans"), unless modified by the
Conditions of Approval contained herein. The Project
Plans shall be modified only as directed by the
following conditions of approval. No other
modifications shall be made to the Project Plans
without subse uent review and a roval.
2. Term. Approval of the Site Development Review shall
be valid for one year from approval by the Planning
Commission. If construction has not commenced by
that time, this approval shall be null and void. The
approval period for Site Development Review may be
extended six (6) additional months by the Director of
Community Development upon determination that the
Conditions of Approval remain adequate to assure that
the above stated findings of approval will continue to be
met. (Applicant/Developer must submit a written
request for the extension prior to the expiration date of
the Site Develo ment Review.
3. All project construction shall conform to all building
codes and ordinances in effect at the time of building
ermit.
4. To apply for building permits, Applicant/Developer
shall submit eight (8) sets of construction plans to the
Building Division for plan check. Each set of plans
shall have attached an annotated copy of these
Conditions of Approval. The notations shall clearly
indicate how all Conditions of Approval will or have
been complied with. Construction plans will not be
accepted without the annotated resolutions attached to
each set of plans. Applicant/Developer will be
responsible for obtaining the approvals of all
participation non-City agencies prior to the issuance of
buildin ermits.
5. Construction plans shall be fully dimensioned
(including building elevations) accurately drawn
(depicting all existing and proposed conditions of
site), and prepared and signed by a California licensed
Architect or Engineer. Al structural calculations shall
be prepared and signed by a California licensed
Architect or Engineer. The site plan, landscape plan
and details shall be consistent with each other.
6. Temporary construction fencing shall be installed
along perimeter of all work under construction.
Standard
PL
Ongoing Standard
B
Prior to Standard
Occupancy
B
Issuance of Standard
Building
Permits
B
Permit Standard
Issuance
B
Through Standard
Project
Com letion
Permit Standard
Issuance
7. Geotechnical Engineer for the soils report shall review
and a rove the foundation desi n. A letter shall be
3
B
NO.
CONDITION TEXT
submitted to the Building Division on the approval.
8. Emergency Vehicle Access. Fire apparatus roadways
shall have a minimum unobstructed width of 20' and
an unobstructed vertical clearance of not less than
13'6". Roadways under 36' wide shall be posted with
signs or shall have red curbs painted with labels on
one side; roadways under 28' wide shall be posted
with signs or shall have red curbs painted with labels
on both sides of the street as follows: "NO
STOPPING FIRE LANE - CVC 22500.1".
9. The project shall comply with Uniform Building and
Fire Codes as adopted by the Citv of Dublin.
10. The Applicant shall comply with all applicable City of
Dublin Residential Securitv Ordinance requirements.
11. A site plan shall be provided showing a point by point
photometric calculation of the required light levels.
12. Open parking lots and carports shall be illuminated to
a minimum level of 1.0 foot-candle of light at ground
level between sunset and sunrise.
13. The numbering of assigned parking spaces/stalls shall
not coincide with the actual address number of
individual units
14. The applicant shall work with the Dublin Police on an
ongoing basis to establish and effective theft
prevention and security program.
15. Prior to issuance of any building permit, complete
improvement plans shall be submitted to DSRSD that
conform to the requirements of the Dublin San Ramon
Services District Code, the DSRSD "Standard
Procedures, Specifications and Drawings for Design and
Installation of Water and Wastewater Facilities", all
applicable DSRSD Master Plans and all DSRSD
policies
16. Prior to issuance by the City of any Building Permit or
Construction Permit by the Dublin San Ramon Services
District, whichever comes first, all utility connection
fees including DSRSD and Zone 7, plan checking fees,
inspection fees, connection fees, and fees associated
with a wastewater discharge permit shall be paid to
DSRSD in accordance with the rates and schedules
established in the DSRSD Code.
17. The Applicant shall hold DSRSD, its Board of
Directors, commissions, employees, and agents of
DSRSD harmless and indemnify and defend the same
from any litigation, claims, or fines resulting from the
construction and completion of the Droiect.
4
RESPON.
AGENCY!
DEPART.
F
F
PO
PO
PO
PO
PO
DSRSD
DSRSD
DSRSD
WHEN SOURCE
REQUIRED
Prior to:
On-going Standard
On-going Standard
Ongoing Standard
Issuance of Standard
Building
Permits
On-going Standard
On-going Standard
On-going Standard
Issuance of Standard
Building
Permits
Issuance of Standard
Building
Permits
On-going Standard
PASSED, APPROVED AND ADOPTED this 13th day of December 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:\PA#\2004\04-060 Iron Horse Condo MapIPC Reso SDR,doc
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TRACT NO: 7589
IRON HORSE TRAIL
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SCARLETT HOMES LLC
DOC. NO. 2001-081630
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WRITTEN STATEMENT
(Tentative Map Submittal Requirement)
Proiect Description
;pRJ:> ,... HolO-s E. 'Tfl-A II-
~m~....l.1 PIH'k is an existing upscale garden style apartment community with site planning
. and recreational amenities designed to accommodate singles as well as families. The
development consists of 177 units and a recreational/leasing building in a series of three-
story buildings grouped around landscaped recreational courtyards.
The buildings are designed to provide a rich exterior and interior, Attention is paid the
details of architecture with divide light windows, overhanging eaves, varied rooflines and
accent colors. The development is architecturally attractive with color-coordinated
stucco exteriors and architectural shingle roofs and lush landscaping.
Various unit plans are available in one, two and three bedroom configurations. The
apartments have designer-selected wall-to-wall carpeting and window coverings,
range/ovens, refrigerators and dishwashers. All units have patios with storage areas,
washer/dryers and separate dining areas.
On-site amenities include a recreation center, pool, spa, equipped fitness center, BBQ
picnic areas and open space. The residential community is designed to provide a superior
quality living environment for its residents.
Benefits and Costs of Tentative Map upon the Citv
The benefits to the City of Dublin of converting Ironhorse Trail apartments to
condominiums will be the availability of more ownership housing with less transient
citizenry. Property taxes paid by the new homeowners are also expected to be higher than
the current taxes derived fTom the property, The obvious "cost" to the City will be the
loss of rental housing units considered by many as the most affordable entry-level
housing in society.
Factual Information
a) The proposed tentative subdivision map is consistent with the applicable genera
plan and zoning for the site. The site is designated "Medium High Density
Residential" in the General Plan and is zoned PD (Planned Development).
b) The site is physically suitable for the type of and density of development since it
is an existing residential community,
c) The design of the subdivision is not likely to cause any environmental damage or
substantially injure fish or wildlife or their habitat. When the project went
RECEIVED
~ uv 1 2 2004
DUBLIN PLANNING
P ft1Y1- Ow 0
ATTACHMENT Ý
through the approvals process, the City had filed a Negative Declaration as part of
the entitlements.
d) The design is not likely to cause any serious public health problems since it is an
existing residential community.
e) The design of the subdivision will not conflict with any easements acquired by the
public at large for access through or use of property within the subdivision.
f) The original apartment proj ect was built after all environmental approvals were
obtained from applicable government authorities.
AMERITON PROPERTIES INC.
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Shyam Taggarsi
Senior Vice President
To:
Jeff Baker
From:
Bill Rogers
Re:
Ironhorse Trail Carports SDR Application
Date:
May 27,2005
Written Statement
Weare proposing to add 88 carports as required by the Tentative Map application for the
above referenced project. The carport design will match the existing carport Structures in
plan, elevation and materials. The location of the proposed carports, including the
Parking Calculations, are shown on the attached "Carport Exhibit" prepared by Kier &
Wright. No other changes to the project are proposed at this time.
REceIVED
JUN 2 1 2005
DUBLIN PLANNING
{JM¿f, {)(ÿO
Kier 8. Wr ight
Fax:4087275641
Mar 3 2005 19:10
P.04
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August23,20a4
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6233 D~ R.o.d
C.blin, CA '4568
To!: (915) S03.04n
r= (S15) ao3-0413
itonho"'CItIIiI~idi.com
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Dear Ircnhorse Trail Resident
As you may know, our apartment I:ommunlly Is owned by Archstone-Smith (NYSE: ASN), one of the
naUon's largest apartment companies. Archston&-Smith Is focused on the long-teli11 ownership of
apartments In locaIíons ç/ose to where our cuslomers want to work and shop. In fact, Nor1l1ern Califomla
Is one of the company's eight core markets,
PeriodlcaUy, Archston&-Smfth will file <I "condo map' an its apartment communities, through which the
ccmpany seeks tc qualify its communities a!, condominium prajects should It ever decIde to sell the
còmmunily to someOne who markets condominiums for sale to individual hOI'T,lBbuyen;, The purpose of
this letter Is to natify you that we are preparing to file a conda mep on Ironhoree Trail.
We are required under state law to gIve you the attaChaà notice of our intent to apply for a condo map,
White we are planning to ëlPply for the condo map this does not automatically mean that condominium
sales will commllnce anytime SOon, or at all. No units may be sold in this bUilding unless and until a
Public Report Is obtained. Obtaining the map only places us /n the correct posture to be able to apply ta
the California Department of Rea! Estate for a PublIc Report in the future. Should the community be soJd
In someone that desires 10 seD the units, or should Archslnne elect to sell units. you will be notified when
an' application Is filed Withlh.. Dep..rtment of Real estate. Thereafter, you will receive other notices and
will be given an opportunity 10 purchase your unit before the offering Is made to the publIc.
Plasse call us at (408) 562-4225 or (408) 562-4224 with any questJons -we're here to help you.
(
ATTACHMENT 5
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03/03/2005 THU 17:44 [TX/RX NO 6821] ~004
Kier & Wr ight
Fax:4087275641
Mar 3 2005 19:11
P.05
S:!XTY-DAY NOTICE OF 001i:NT TO CONVERT
August 23, 2004
To the occupant(s) of: 6253 DOUGHERTY RD, #6105 DUBLIN, CA 94769
The owner oft/ili¡ building(s), 6233-6253 Dougherty Road. Dublin, CA 94568, plans to
file a tentative map with the C~ of Dublin to COnvert this buiJding(s) to a condominium
pmject You shall be given notice ofeaéhhearing for which notice is required pursuant
to S"ctioru¡ 66451.3 8l1d 66452.5 of the Government Code, and you have the right to
appear and the right to be heard at any such hearing. If the condominium eonversion is
approved by the City, you may be required to vacate the premises.
1'[7C - .~
John Luedtke
Senior Vice President
~
254917-2
X/RX NO 8921] ~005
03/03/2005 THU 17: 44 [T