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HomeMy WebLinkAboutAttmt 2 Reso Appv TTMAP 7667 RESOLUTION NO. 05 -xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING VESTING TENTATIVE TRACT MAP 7667 CONCERNING PA 05-042, DUBLIN TRANSIT CENTER SITE E-l (APN 986-0001-013-002) WHEREAS, D.R. Horton, Inc. has requested approval of Vesting Tentative Tract Map 7667 for PA 05-042, Dublin Transit Center Site E-I, on approximately 1.4.1 gross acres of land located in the Dublin Transit Center project area, within the Eastern Dublin Specific Plan, located at the southeast comer of Dublin Boulevard and Iron Horse Parkway for the development of 300 residential dwelling units and ±15,000 sq. ft. of retail space; and WHEREAS, the project consists of a total of 300 dwelling units which will be for-sale condominium units, retail space, parking, and common areas; 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, the Applicant/Developer has submitted a complete application for a Vesting Tentative Tract Map dated November 16, 2005, on file in the Community Development Department, Planning Division; and WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the City of Dublin 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 to the Planning Commission recommending approval of Tentative Tract Map 7667 subject to the conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THERFORE, BE IT RESOLVED THAT THE City of Dublin Planning Commission does hereby find: ATTACHMENT 2 L Vesting Tentative Tract Map 7667 IS consistent with the intent of applicable subdivision regulations and related ordinances. 2. The design or improvements of Vesting Tentative Tract Map 7667 is consistent with the City's General Plan and Eastern Dublin Specific Plan policies as they apply to the subject property in that it is a subdivision for implementation of a residential community with ground floor retail along Iron Horse Parkway in an area designated for high-density, transit-oriented, residential development with retaiL 3. Vesting Tentative Tract Map 7667 is consistent with the Stage 1 PD, Planned Development Zoning District Development Plan approved as PA 00-013 for this project and is therefore consistent with the City of Dublin Zoning Ordinance. 4. The site is located adjacent to major roads on 1.4.1 gross acres of relatively flat topography and is, therefore, physically suitable for the type and density of development. 5. With the incorporation of mitigation measures from the Final Program EIR and subsequent addenda, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. 6. 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 hereby conditionally approves PA 05-042 Vesting Tentative Tract Map 7667, Attachment 6 of the December 13, 2005 Planning Commission Agenda Statement, which will subdivide the property into condominium units for residential condominium purposes and for retail units as APN 986-0001-013- 02. This approval shall conform generally to: the Vesting Tentative Tract Map 7667 prepared by BKF, dated November 16, 2005 and received on November 17, 2005, by the Public Works Department, and consisting of six (6) sheets stamped approved except as specifically modified by the Conditions of Approval contained below. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the approval of the Final Parcel Map, and shall be subiect to Citv Engineer and the Director of Communitv Development review and approvaL The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPLl Planning, fBl Building, rpOl Police, rPWl Public Works, rADMl Administration/City Attorney, rpCSl Parks and Community Services. rFl Citvof Dublin Fire. and rDSRl Dublin San Ramon Services District. NO. CONDITION TEXT RESP. SOURCE AGENCY GENERAL CONDITIONS 1. The Developer shall comply with the Subdivision Map Act, the City of PW Public Works Dublin Subdivision, Zoning, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and 2 NO. CONDITION TEXT RESP. SOURCE AGENCY ordinances In effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 177 L Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following) 2. In the event that there needs to be clarification to these Conditions of PW Public Works Approval, the Director of Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer 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 Developer to fulfill needed improvements or mitigations resulting from imoacts of this oroiect. 3. The Developer shall enter into a Tract Improvement Agreement with the PW Public Works Citv for all public improvements required for the Tract. 4. The Developer shall provide performance (100%), and labor & material PW Public Works (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 securitv.) 5. Developer shall obtain an Encroachment Permit from the Public Works PW Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Imorovement Agreement mav not be reauired. 6. The Developer will be responsible for submittals and reviews to obtain the PW Public Works 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. 7. Developer shall provide the Public Works Department a digital vectorized PW Public Works 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 layer 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. 8. The Final Map shall be substantially in accordance with the Tentative Map PW Public Works approved with this application, unless otherwise modified by these conditions. 9. All rights-of-way and easement dedications required by the Tentative Map PW Public Works including the Public Service Easement shall be shown on the Final Map. 10. Any street names assigned to private streets shall be approved pursuant to PW Public Works Municipal Code Chapter 7.08. The approved street names shall be indicated on the Final Map. 11. The Developer shall obtain abandonment from all applicable public PW Public Works agencies of existing easements and right of ways that will no longer be used. 3 NO. CONDITION TEXT RESP. SOURCE AGENCY 12. The Grading Plan shall be in conformance with the recommendations of PW Public Works the Geotechnical Report, the approved Tentative Map and/or Site Development Review, 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. 13. A detailed Erosion Control Plan shall be included with the Grading Plan PW Public Works approvaL The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. 14. Tiebacks or structural fabric for retaining walls shall not cross property PW Public Works lines unless specifically approved by the City Engineer. 15. The public improvements shall be constructed generally as shown on the PW Public Works Tentative Map and/or Site Development Review. However, the approval of the Tentative Map and/or Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street improvements. 16. All public improvements shall conform to the City of Dublin Standard PW Public Works Plans and design requirements and as approved by the City Engineer. 17. Street light standards and luminaries shall be designed and installed per PW Public Works approval of the City Engineer. The maximum voltage drop for streetlights is 5%. 18. The Developer shall construct bus stops and shelters at the locations PW Public Works designated and approved by the LA VT A and the City Engineer. The Developer shall pay the cost of procuring and installing these improvements. 19. Developer shall construct all potable and recycled water and sanitary PW Public Works sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. 20. Fire hydrant locations shall be approved by the Alameda County Fire PW Public Works Department. A raised reflector blue traffic marker shall be installed in the street opposite each hvdrant. 21. The Developer shall furnish and install street name signs for the project to PW Public Works the satisfaction of the Citv Engineer. 22. Developer shall construct gas, electric, cable TV and communication PW Public Works 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. 23. All electrical, gas, telephone, and Cable TV utilities, shall be underground PW Public Works in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utilitv companv standards. 24. All utility vaults, boxes and structures, unless specifically approved PW Public Works otherwise by the City Engineer, shall be underground and placed in landscape areas and screened from public view. Prior to Joint Trench Plan approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. 25. If archaeological materials are encountered during construction, PW Public Works construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California 4 NO. CONDITION TEXT RESP. SOURCE AGENCY Archaeology (SCA) or the Society of Professional Archaeology (SOP A) has had an opportunity to evaluate the significance of the find and suggest aoorooriate mitigation measures. 26. Construction activities, including the maintenance and warming of PW Public Works 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. 27. Developer shall prepare a construction noise management plan that PW Public Works identifies measures to be taken to minimize construction nOIse on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the project plans and specifications. 28. Developer shall prepare a plan for construction traffic interface with public PW Public Works traffic on any existing public street. Construction traffic and parking may be subiect to specific reauirements bv the Citv Engineer. 29. The Developer shall be responsible for controlling any rodent, mosquito, PW Public Works or other oest oroblem due to construction activities. 30. The Developer shall be responsible for watering or other dust-palliative PW Public Works measures to control dust as conditions warrant or as directed by the City Engineer. 31. Prior to any clearing or grading, the Developer shall provide the City PW Public Works 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. 32. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the PW Public Works Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Developer is responsible for ensuring that all contractors implement all storm water pollution orevention measures in the SWPPP. PUBLIC WORKS - PROJECT SPECIFIC 33. Parcel Map 7667. Parcel Map 7667 must be approved and ready for PW Public Works recording orior to the construction of anv imorovements. 34. Clarifications and Changes to the Conditions. In the event that there PW Public Works needs to be clarification to these Conditions of Approval, the City Engineer has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 35. Public Facilities Fee. The developer shall pay a Public Facilities Fee in PW Public Works the amounts and at the times set forth in City of Dublin Resolution No. 214-02, adopted bv the Citv Council on November 19, 2002, or in the 5 NO. CONDITION TEXT RESP. SOURCE AGENCY amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. The in-lieu land dedication portion of the fee will be due prior to the recording of the Final Map for Tract 7667, if recorded orior to Building Permits. 36. Street Lighting Maintenance Assessment District. All publicly PW Public Works maintained streetlights shall be annexed into a Street Light Maintenance Assessment District as required by the Master Development Agreement with the Surplus Property Authority of Alameda County for the Dublin Transit Center (Ordinance No. 5-03). The property owners shall maintain all decorative streetlights. The Developer shall provide all necessary documentation required by the City to complete the annexation process. The Developer shall comply with any City requirements necessary to conform to Proposition 218 regulations. The Developer waives any right to protest the inclusion of the properties or any portion of the properties in a Landscape and Lighting Assessment District, and further waives any right to orotest the annual assessment for that District. 37. Streetscape Design Standards. The streetscape design for Martinelli PW Public Works Drive, Iron Horse Parkway, Dublin Boulevard and Campus Drive shall be in accordance with the Streetscape Master Plan adopted as Ordinance No. 21-02 for the Dublin Transit Center Project, PA 00-013. In keeping with the streetscape design used for residential frontage throughout the Dublin Transit Center, the Campus Drive frontage shall contain landscape islands in the narkin" area. 38. Sidewalks: All public sidewalks shall have a 2% cross slope. The 2% PW Public Works cross slope shall be maintained for a minimum distance of one foot behind the sidewalks where there is landscaping, stairs, or pathway along the back of the sidewalk. Sidewalks shall be designed to maintain a 2% cross slope across all driveway entrances. The 2% cross slope of the sidewalk may be reduced (minimum 1 %) to meet design constraints for the retail door entrances as aooroved bv the Citv Engineer. 39. On Street Parking: The locations of the landscape islands along Iron PW Public Works Horse Parkway and Campus Drive shall be adjusted to maximize the amount of on street narking to the satisfaction of the Citv EnQineer. 40. On Street Parking Restrictions. Developer shall designate no parking PW Public Works areas along Dublin Boulevard and Martinelli Drive and designate on Iron Horse Parkway and Campus Drive for short-term parking (2 hour maximum) as directed by the City Engineer. Parking time limits should not aoolv between 6 PM and 7 AM. 41. Loading Areas. The Developer shall make provisions loading areas to the PW Public Works satisfaction of the City Engineer. These provisions may include the use of on-street parking spaces limited to specific hours or based on scheduled re(]uests 42. Dublin Boulevard Frontage: The Developer shall install a landscape six- PW Public Works foot wide planter and a six-foot wide walk the full length of the project frontage along Dublin Boulevard. 43. Iron Horse Parkway: The Developer shall construct the project frontage PW Public Works improvements along the east frontage of Iron Horse Parkway as shown on the Tentative Man. 44. Martinelli Wav: The Develooer shall construct a raised island to seoarate PW Public Works 6 NO. CONDITION TEXT RESP. SOURCE AGENCY the thru/left lane form the right turn lane at the Iron Horse Parkway / Martinelli Way intersection. The right turn lane from Martinelli Way should turn into an exclusive lane on Iron Horse Parkwav. 45. Campus Drive: The Developer shall construct the improvements for the PW Public Works full width of Campus Drive, as shown on the Tentative Map, between Martinelli Way and Dublin Boulevard. Improvements to include frontage landscaping and sidewalk onlv on the west side. 46. Dnblin Boulevard Median: The Developer shall widen the Dublin PW Public Works Boulevard landscape median when the second left turn lane from Dublin Boulevard to Iron Horse Parkway is eliminated. This improvement is not to be constructed until the Bart parking garage is completed. 47. Dnblin Bonlevard Right Turn Lane: The Developer shall widen Dublin PW Public Works Boulevard to provide a right turn lane at Campus Drive to the satisfaction of the Citv Engineer. 48. Curb Retnrns: The curb return at Dublin Blvd/Campus Drive shall be PW Public Works a40-foot radius. The Iron Horse Parkway and Martinelli Way northeast return shall be a 50-foot radius. 49. Traffic Signals: The Developer shall install the traffic signal at the PW Public Works Martinelli Way / Campus Drive intersection. The traffic signals shall be interconnected with other adjacent signals within the existing City traffic signal svstem bv hard wire. 50. Traffic Signing and Striping: The Developer shall install all traffic signs PW Public Works and pavement marking for the above roadway improvements to the satisfaction of the City Engineer. Iron Horse Parkway shall maintain two lanes southbound and one northbound lane until the Bart garage is opened. After the Bart garage is opened, the Developer shall change the signing and pavement markings on Iron Horse Parkway to two northbound lanes and one southbound lane. 51. Covenants, Conditions & Restrictions: A Homeowners Association PL, ADM, Public Works shall be formed by recordation of a declaration of Covenants, Conditions PW & Restrictions to govern use and maintenance of common areas and facilities. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is adequate provisions for the maintenance, in good repair and on a regular basis, of the landscaping, irrigation, fences, gates, walls, drainage, lighting, sign, building exteriors, parking areas, and other improvements. The ApplicantJDeveloper shall submit a copy of the CC&R documents to the City for review and approval pursuant this condition. 52. Construction Traffic and Parking: All construction related parking PW Public Works shall be off street in an area provided by the Developer. Construction traffic and parking shall be provided in a manner approved by the City Engineer to minimize impact on BART oatrons. 53. Tentative Map Conditions of Approval: All applicable Conditions of PW Public Works Approval for Tentative Map for Tract 7667 shall apply to this Site Development Review. 54. Grading / Sitework Permit: Developer shall obtain a Grading / Sitework PW Public Works Permit from the Public Works Department for all grading and private site improvements. The Developer shall provide security to guarantee the grading and imorovements, in an amount aooroved bv the Citv Engineer. 55. Parkin!! Gara!!e Spaces: Garage Parking spaces shall be 9 feet wide and PW Public Works 7 NO. CONDITION TEXT RESP. SOURCE AGENCY 20 feet deep. Up to 35% of the spaces may be compact parking spaces 8 feet by 17 feet. Any parking space next to a wall shall be two additional feet in width. Parking space dimensions shall be clear dimensions free of colunms or other obstacles. Wheel stops or concrete curbs shall be provided for all spaces. The driveway aisle width shall be minimum 24 feet. 56. Parking Garage Entrance and Key Access Gates: The geometric PW Public Works configuration and circulation for the entrances to the parking garages shall be designed to the satisfaction of the City Engineer. The two-way drives shall be a minimum 24 feet wide. The key access gate shall be located so that at least one vehicle entering the gate does not block traffic to or from the public garage. 57. Public Parking: The retail parking and the guest parking shall be PW Public Works combined within the public parking section of the garage. The public garage shall not be signed or designated separate retail parking and the guest parking. 58. Guest Parking. The Developer shall operate the garage in a manner that PW Public Works allows guests to obtain access to a minimum 20 unassigned parking spaces in the garage. DSRSD - PROJECT SPECIFIC 59. Potable mains, sewer mains and their appurtenances shall be located in DSRSD Dublin San areas accessible for maintenance, repair and servicing at all times per Ramon Services DSRSD Standard Procedures and Specifications. The 8 Inch potable Water District main and any related appurtenances located along Iron Horse Parkway shall be moved in order to meet the afore mentioned condition, and Condition 5 (See Above). 60. According to the DSRSD 2005 Urban Water Management Plan and 2000 DSRSD Dublin San Water Master Plan sufficient potable water capacity is available to serve Ramon Services the project. Coordination with DSRSD shall be conducted in regards to District the installation of new potable water lines to ensure that adequate fire flow demand can be delivered to the propertv. PASSED, APPROVED, AND ADOPTED this 13th day of December 2005. AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: Planning Manager 8