HomeMy WebLinkAboutPC Reso05-68 05-042 Appv Vesting Tent TMAP Dublin Transit Ctr E-1
RESOLUTION NO. 05 -68
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING VESTING TENT A TIVE TRACT MAP 7667
FOR DUBLIN TRANSIT CENTER SITE E-l (APN 986-0001-013-002)
PA 05-042
WHEREAS, D.R. Horton, Inc. has requested approval of Vesting Tentative Tract Map 7667 for
PA 05-042, Dublin Transit Center Site E-l, on approximately ::!:4.1 gross acres of land located in the
Dublin Transit Center project area, within the Eastern Dublin Specific Plan, located at the southeast
corner of Dublin Boulevard and Iron Horse Parkway for the development of 300 residential dwelling units
and ::!:15,000 sq. ft. ofretail 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:
1. 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 ::!: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 Community Development
review and approval. The following codes represent those departments/agencies responsible for
monitoring compliance of the conditions of approval: fPLl Planning, fBl Building, fPOl Police, rPWl
Public Works, rADMl Administration/City Attorney, rPCSl Parks and Community Services, rFl City of
Dublin Fire, and fDSRl 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
ordinances m effect at the time of building pennit. All public
improvements constructed by Developer and to be dedicated to the City are
herebv identified as "Dublic works" under Labor Code section 1771.
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NO. CONDITION TEXT RESP. SOURCE
AGENCY
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 impacts of this proiect.
3. The Developer shall enter into a Tract Improvement Agreement with the PW Public Works
City for all public improvements required for the Tract.
4. The Developer shall provide perfonnance (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 Pinal 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 Improvement Agreement mav not be required.
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 Pire
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 Pinal 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 Pinal 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 Pinal 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 Pinal 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 Pinal 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.
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 Citv design standards & ordinances. In case
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NO. CONDITION TEXT RESP. SOURCE
AGENCY
of conflict between the soil engineer's reconunendations and City
ordinances, the Citv 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 specificallv approved bv the Citv 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 deshm reauirements and as approved bv the Citv EnQineer.
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 reauirements.
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 conununication 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 Utilitv aQencies.
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
utility company 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 ioint 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
Archaeology (SCA) or the Society of Professional Archaeology (SOPA)
has had an opportunity to evaluate the significance of the find and suggest
appropriate mitigation measures.
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NO. CONDITION TEXT RESP. SOURCE
AGENCY
26. Construction . .. including the maintenance and warming of PW Public Works
actIvItles,
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 subject to specific reauirements bv the Citv Engineer.
29. The Developer shall be responsible for controlling any rodent, mosquito, PW Public Works
or other pest problem 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
En,gineer.
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
prevention measures in the SWPPP.
PUBLIC WORKS - PROJECT SPECIFIC
33. Parcel Map 7667. Parcel Map 7667 must be approved and ready for PW Public Works
recordin,g prior 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 by the City Council on November 19, 2002, or in the
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
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NO. CONDITION TEXT RESP. SOURCE
AGENCY
fee will be due prior to the recording of the Final Map for Tract 7667, if
recorded prior 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 protest 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 parking 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 avvroved bv the Citv Ene:ineer.
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 parking to the satisfaction of the Citv En"ineer.
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 avvlv 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
requests
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
frontae:e alone: 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 Map.
44. Martinelli Way: The Developer shall construct a raised island to separate PW Public Works
the thrulleft lane form the right turn lane at the Iron Horse Parkway I
Martinelli Way intersection. The right turn lane from Martinelli Way
should turn into an exclusive lane on Iron Horse Parkwav.
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NO. CONDITION TEXT RESP. SOURCE
AGENCY
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 only on the west side.
46. Dublin 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 oarkinQ: Q:araQ:e is comoleted.
47. Dublin Boulevard 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 Returns: 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 system by 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
Applicant/Developer 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 patrons.
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 improvements, in an amount approved bv the Citv EnQ:ineer.
55. Parking Garage Spaces: Garage Parking spaces shall be 9 feet wide and PW Public Works
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
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NO. CONDITION TEXT RESP. SOURCE
AGENCY
columns 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 property.
OTHER- PROJECT SPECIFIC
61. The vesting tentative map approval shall not be effective until the related PW,PL Public Works and
PD-Planned Development rezoning including Stage 2 Development Plan Planning
and the Site Development Review are approved bv the Citv Council.
PASSED, APPROVED, AND ADOPTED this 13th day of December 2005.
AYES:
Chair Schaub and Commissioners Biddle, Fasulkey, Wehrenberg
NOES:
Commissioner King
ABSENT:
ABSTAIN:
tA/~~
Planning Commissioner Chair
ATfE~
i- /
Plann' anaga--
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