HomeMy WebLinkAbout4.05 Loukianoff Appeal CITY CLERK
File # 410-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 6, 2004
SUBJECT: Consideration of Appeal of Planning Commission Approval of
PA 03-40, Loukianoff Site Development Review, continued from
the June 15, 2004 City Council Meeting
Report Prepared by: Andy Byde, Senior Planner
ATTACHMENTS: 1. Resolution Affirming Planning Commission Approval in
part;
2. Draft City Council Minutes from June 15, 2004; and
3. June 15, 2004, City Council Agenda Statement
RECOMMENDATION:
(.~ 1. Adopt the Resolution granting the appeal in part and
affirming in part the Planning Commission Approval of May
11, 2004.
PROJECT DESCRIPTION:
On June 15, 2004, the City Council heard an appeal, filed by Council Member McCormick, of the
Planning Commission approval of a Site Development Review for a new single-family residence located
at 11299 Rolling Hills Drive. The single-family residence was approved to be 2,954 square feet in size
with a garage that is 587 square feet in size.
City Council Action'
The issue of concern identified by the City Council with the Site Development Review approval was the
fact the residence was approved to encroach into the drip line of an existing Heritage Tree, thereby
necessitating trimming of the Tree. At its meeting of June 15, 2004, the City Council, by straw vote,
voted to relocate the residence approximately 5 feet to the south to eliminate the encroachment of the
residence into the Tree (see Condition # 2 of Attachment 1). To make the relocation possible, the
Common Area Storm Drain Easement that extends across the entire southern portion of the property must
either be relocated or removed. The Easement is owned by the Silvergate Highlands Home Owners
Association. In the event the Homeowners association does not agree to either relinquish its rights to the
Easement or relocate the Easement, the City Council stated by straw vote that the Planning Commission
approval for the project would be sustained with the addition of a new condition of approval. The new
condition of approval would extend the time period guaranteeing the preservation of the tree from one
year to three years, following the completion of construction (see Condition # 3 of Attachment 1).
COPIES TO: Applicant
Projec! File
G:LPA#L2003\03-040 Loukinoff Residence~ppeal\cc appeal staffreport 7-6-04.doc
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution granting the appeal in part and affirming in
part the Planning Commission Approval of May 11, 2004 (Attachment 1).
RESOLUTION NO. -04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
GRANTING THE APPEAL IN PART AND AFFIRMING IN PART THE DECISION OF THE
PLANNING COMMISSION GRANTING A SITE DEVELOPMENT REVIEW FOR A SINGLE-
FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE
WHEREAS, Alexander Loukianoff has requested approval of a Site Development Review for. a
single family home on an existing lot at 11299 Rolling Hills Drive; and
WHEREAS, a completed application for Site Development Review is available and on file in the
Dublin Planning Department; and
WHEREAS, the environmental impacts of this project were addressed under the Negative
Declaration prepared for the PA 85-035 Hatfield Development Corporation Planned Development
Rezone, Annexation and Site Development Review of which the subject lots were a part. The Negative
Declaration was prepared in accordance with the California Environmental Quality Act (CEQA), State
CEQA Guidelines and the City of Dublin Environmental Guidelines.
WHEREAS, a Site Development Review is required for this project by Conditions 4 and 12 of
City Council Resolution 82-85 approving PA 85-035.3, Hatfield Development Corporation Investec, Inc.;
and
WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance; and
WHEREAS, the project is consistent in all respects with Dublin General Plan and Zoning
Ordinance; and
WHEREAS, the project is consistent in all respects with the conditions of approval of City
Council Resolution 82-85; and
WHEREAS, the Planning Commission did hold a public hearing on said application on May 11,
2004; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, City o£Dublin Council Member McCormick has filed a timely appeal o£the
decision of the Planning Commission to the City Council; and
WHEREAS, the City Council did hold a public hearing in consideration o£the appeal on June 15,
2004; and
WHEREAS, proper notice of said public hearing was given in all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending that the City Council make a
determination based on the provisions of the Appeal Chapter of the Zoning Ordinance; and
' ATTACHMENT
WHEREAS, the City Council did hear and consider all said reports, recommendations, and
testimony hereinabove set forth and used their independent judgment to make a decision; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make
the following findings and determinations regarding said proposed Site Development Review:
A. The approval of this application (PA 03-040) is consistent with the intent/purpose of
Section 8.104 (Site Development Review) of the Zoning Ordinance.
B. The approval of this application, as conditioned, complies with the policies of the General
Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82-
85.
C. The approval 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 all
applicable regulations will have been met.
D. Impacts to views have been addressed by sensitive design and siting of the proposed single-
family residence.
E. Impacts to existing slopes and topographic features are addressed in the project through the
use of pier and grade beams and by minimal grading.
F. The approval of this application, as conditioned, is in conformance with regional
transportation plans.
G. The approval of this application, as conditioned, is in the best interests of the public health,
safety and general welfare as the development is consistent with all laws and ordinances
and implements the requirements of the General Plan, the Zoning Ordinance, the Heritage
Tree Ordinance and City Council Resolution 82-85.
H. The proposed physical site development, including the intensity of development, site
layout, grading, vehicular access, circulation and parking, setbacks, height, walls, public
safety and similar elements, as conditioned~ have been designed to provide a desirable
environment for the development.
I. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and, building materials and colors, 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 project
with the existing character of surrounding development.
J. 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.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council
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hereby grants the appeal in part and affirms, in part, the May 11, 2004, decision of the Planning
Commission approving the Site Development Review of PA 03-040, Loukianoff Residence, by the
addition of Conditions of Approval 2 and 3 below. City of Dublin City Council hereby conditionally
approves the Site Development Review Application for PA 03-040 to construct a single family residence
on Lot 1 of Block 1 Tract 5073 and further identified as Assessors Parcel Number 9412775-030, and as
generally depicted by materials labeled Attachment 2, stamped "approved" and on file in the City of
Dublin Planning Department. This approval shall conform to the project plans submitted by Nickolas A.
Loukianoff, P.E., the Heritage Tree Protection Plan, unless modified herein for this project dated received
December 4, 2000, and the report by Joesph McNeil, consulting arborist dated January 12, 2004, on file in
the Department of Community Development, unless modified by the Conditions of Approval contained
below.
CONDITIONS OF APPROVAL
Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of any
building and shall be subject to Planning Department review and approval. The following codes represent
those departments/agencies responsible for monitoring compliance with the Conditions of Approval: [PL]
Planning, [B] Building, [PO] Police~ [PW] Public Works, [ADM] Administration/City Attomey, [FIN]
Finance, [PCS] Parks and Community Services, [FI Alameda County Fire Dept., [DSR] Dublin San
Ramon Services District, [CO] Alameda County Flood Control and water Conservation District Zone 7.
GENERAL CONDITIONS
1. Term. Pursuant to Section 8.96.020(D) (as amended) of the Zoning Ordinance, construction
shall commence within one (1) year of Site Development Review approval, or the Site
Development Review approval shall lapse and become null and void. Commencement of
construction means the actual construction pursuant to the Site Development Review approval, or,
demonstrating substantial progress toward commencing such construction. The original approving
decision-maker may, upon the Applicant's written request for an extension of approval prior to
expiration, and upon the determination that any Conditions of Approval remain adequate to assure
that applicable findings of approval will continue to be met, grant a time extension of approval for
a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing
or public meeting shall be held as required by the particular Permit.
Responsible Agency: PL
Required By: On-going
2. Relocate Residence. The residence shall be relocated to the south to avoid the dripline of the
existing Valley Oak, Tree No. 353, subject to the review and approval by the Director of
Community Development. Prior to pouring the foundation, the Applicant shall prepare and submit
a staking plan, which illustrates the location of the residence, subject to the review and approval by
the Director of Community Development. The Applicant shall place the stakes on site, pursuant to
the approved staking plan.
Responsible Agency: PL
Required By: Prior to Building Permit
3. Relocate Easement. The existing Common Area Storm Drain Easement shall be relocated or
eliminated to eliminate any conflicts with the revised location of the residence. The Applicant
shall provide evidence the Easement has been relocated, subject to the review and approval by the
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Director of CommUnity Development.
In the event that the Easement holder does not agree to either relocate or relinquish its rights to the
easement, Condition of Approval two and three above shall not be in effect. To demonstrate the
inability of the Applicant to relocate the Easement, the Applicant shall provide a letter written by
the representative of the easement holder stating its inability or unwillingness to relocate the
easement. The Director of Community Development shall review and approve the form and
content of the letter. Additionally, if the Applicant is unable to obtain the relinquishment or
relocation of the Easement, Condition 79 shall be revised to increase the duration of the cash bond
from one year to three years.
Responsible Agency: Planning
When Required: Prior to Building Permit
4. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit
issuance, including, but not limited to, Building fees, Dublin San Ramon Services District Fees,
Public Facilities Fees, Dublin Unified School District School Impact fees, City Fire Impact fees;
Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection
fees; 'and any other fees as applicable.
ResponSible Agency: Various
When Required: Various times, but no later than Issuance of Building Permits
5. Revocation. The SDR will be revocable for cause in accordance with Section 8.96.020.1 of.the
Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be
subject to citation.
Responsible Agency: PL
Required By: On-going
6. Required Permits. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance
and obtain all necessary permits required by other agencies (Alameda County Flood Control
District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional
Water Quality Control Board, State Water Quality Control Board, Etc.) and shall submit copies of
the permits to the Department Of Public Works.
Responsible Agency: Various
When Required: Various times, but no later than Issuance of Building Permits
7. Building Codes and Ordinances. All project construction shall conform to all building codes and
ordinances in effect at the time of building permit.
Responsible Agency: Bldg.
When Required: Through Completion
8. Compliance. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance, City
Council Resolution 82-85, the Tree Protection Plan for this project, the 7 recommendations listed
in the page 4 and 5 of the January 12, 2004, report by Joseph McNeil, consulting arborist, and the
additional (3) tree protection recommendations listed by the February 2, 2004 report by Michael
Santos.
Responsible Agency: PL
When Required: Issuance of Building Permits and On-going
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9. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid waste
management and recycling requirements.
Responsible Agency: Bldg.
When Required: On-going
10. Water Quality/Best Management Practices. Pursuant to the Alameda Countywide National
Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional
Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the site
in a manner consistent with the Start at the Source publication, and according to Best Management
Practices to minimize storm water pollution.
Responsible Agency: PW, PL
Required By: Issuance of Grading Permit
11. Hold Harmless/Indemnification. Applicant/Developer shall defend, indemnify, and 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, 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, Director of Community Development, Planning Manager, or any other
department, committee, or agency of the City the Site Development Review to the extent 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.
Responsible Agency: PW, PL
Required By: On-going
DRAINAGE/GRADING
12. Grading/Sitework Permit. The applicant shall obtain a Grading / Sitework Permit from the
Public Works Department for site grading and improvements. 'Said permit will be based on the
final set of improvement plans to be approved once all of the plan check comments have been
resolved. Please refer to the handout titled Grading/Site Improvement Permit Application
Instructions and attached application (three 8-1/2" x 11" pages) for more information. The
Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3.
The current cost of the permit is $10.00 due at the time of permit issuance, although the
Applicant/Developer will be responsible for any adopted increases to the fee amount.
Responsible Agency: PW
Required By: Grading Permit
13. Encroachment Permit: The applicant shall obtain an Encroachment Permit from the Public
Works Department for any work within the public street rights of way.
Responsible agency: Public Works
When required: prior to any construction within the street rights of way
14. Retaining Walls: Retaining walls with exposed heights exceeding 3' or with surcharged loads
installed on the property shall be constructed pursuant to a Building Permit obtained from the
Building Division. Retaining walls shall be designed to support all known surcharges. (At any
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furore point that a new surcharge is added to an existing retaining wall, the wall shall be re-
reviewed for the additional loads.
Responsible Agency: Bldg.
Required By: Prior to start of construction of any retaining walls.
15. Dublin San Ramon Service District (DSRSD) Permit: The applicant shall obtain a construction
permit from the DSRSD for all water and sanitary sewer improvements.
Responsible agency: DSRSD
When required: prior to construction of sanitary sewer and water improvements.
16. Grading, Drainage and Improvement Plan: The applicant shall prepare a Site Grading,
Drainage and Improvement Plan for review and approval of the Public Works Director. All
improvement and grading plans submitted to the Public Works Department for review/approval
shall be prepared in accordance with these Conditions of Approval, and with the City of Dublin
Municipal Code including Chapter 7.16 (Grading Ordinance). The Plan shall include as a
minimum the following information;
a. Existing topography including ground contours at one-foot intervals extending a minimum
10 feet beyond them property limits, and the location of the existing tree trunks and drip
lines,
b. The location of existing improvements including fences and street frontage improvements,
c. Location and elevation of existing and any proposed changes to the water, sanitary sewer,
gas, electric and CATV services to the lot,
d. The location of all proposed improvements including the house footprint, decks, patios,
retaining walls, pathways and driveways,
e. Proposed grading including
f. Limits of cut and fill area.
g. Finish floor elevations.
~ h. Sufficient finish surface elevations on all pavements co show slope and drainage,
i. Top, toe and slope of all banks,
j. Top, bottom and height of all retaining walls,
k. Quantities of cut and fill,
1. Proposed drainage improvement including:
i. Location and type of all inlets
ii. Elevations of grate and pipe inverts at all storm drain structures
iii. Storm drain pipes size, slope and material.
iv. Location and detail for the outlet dissipater
v. Direction of surface flow,
vi. Construction notes, sections and details as required,
vii. Location and elevation for the benchmark to be used for construction,
viii. Signature blocks for the Public Works Director, Geotechnical Engineer and the
DSRSD.
Responsible agency: Public Works
When required: prior to Grading / Sitework Permit
17. Erosion Control during Construction. Applicant/Developer shall include an Erosion and
Sediment Control Plan with the Grading and Improvement plans for review and approval by the
City Engineer/Public Works Director. Said plan shall be designed, implemented, and continually
maintained pursuant to the City's NPDES permit between October 1st and April 15th or beyond
these dates if dictated by rainy weather, or as otherwise directed by the City Engineer/Public
Works Director.
Responsible agency: Public Works
When required: prior to Grading / Sitework Permit
18. DSRSD Signature: The Grading, Drainage and Improvement Plan shall be signed by DSRSD
approving the sanitary sewer and water facilities. DSRSD will require all fees and agreements to
be completed prior to signing.
Responsible agency: Public Works
When required: prior to Grading / Sitework permit or Building Permit
UTILITIES
19. Utilities: The applicant shall provide all utility services to the site underground, including but not
limited to electricity, telephone, cable television, water, sewer and other required utility services in
accordance with the requirements and specifications of each utility company.
Responsible agency: Public Works
When required: Prior to Building Permit
CONSTRUCTION
20. Construction Hours. Standard construction and grading hours shall be limited to weekdays
(Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 6:00 p.m. The
Applicant/Developer may request reasonable modifications to such determined days and hours,
taking into account the seasons, impacts on neighboring properties, and other appropriate factors,
by submitting a request form to the City Engineer/Public Works Director. For work on Saturdays
and Sundays, said request shall be submitted no later than 5:00 p.m. the prior Wednesday.
Overtime inspection rates will apply for~all after-hours, Saturday, Sunday, and/or holiday work.
Responsible agency: Public Works
When required: during construction
21. Dust Control: The contractor is responsible for preventing dust problems from the site by
watering graded areas or other palliative measures as conditions warrant or as directed by the
Public Works Director.
Responsible agency: Public Works
When required: during construction
22. Noise Control: Construction shall be conducted in a manner to minimize the impacts on the
existing community which shall include as a minimum the following;
a. All construction equipment shall be fitted with noise muffling devices,
b. Construction equipment shall not be left idling while not in use,
c. Radios and loudspeakers shall not be used outside of the building.
Responsible agency: Public Works
When required: during construction
23. Trash and Debris Control: Measures shall be taken to contain all construction related trash,
debris, and materials on site until disposal off-site. The contractor shall keep the adjoining public
streets and properties free and clean of project dirt, trash and construction materials.
Responsible agency: Public Works
When required: during construction
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24. Construction Fence: The applicant shall install a temporary fence/barrier across the rear yard
approximately 10 feet beyond the limits of grading. The fence/barrier shall be placed in such a
manner to restrict construction activities, material storage, trash, and debris from going down slope
of the construction area.
Responsible agency: Public Works
When required: during construction
25. Damaged Improvements: The applicant shall repair to the satisfaction of the Public Works
Director all damaged street curb, gutter, sidewalk and pavement on the lot frontage.
Responsible agency: Public Works
When required: prior to occupancy
26. Preliminary Title Report. The applicant shall submit a recent Preliminary Title Report for the
property for City reference during the plan-check.
Responsible Agency: PW
When Required: Ongoing
27. Existing Common Area Storm Drain Easement (CASDE). The applicant shall install a 12"-
diameter reinforced concrete storm drain pipe along the centerline of the existing CASDE the
encumbers the site from the edge of the proposed concrete driveway to the edge of the proposed
retaining wall to accommodate any existing or future Silvergate Homeowner's Association storm
discharges. Since the existing CASDE contains an angle point within a proposed fill area, the
applicant shall either install a junction structure (manhole) at the angle point, or shall relocate the
wall towards the top of the hill slightly to avoid the angle point. The final design of the concrete
stormdrain pipe shall be subject to review and approval by the Director of Public Works
Responsible Agency: PW
When Required: Ongoing
28. The Lot Dimensions. All property lines shall be dimensioned on the plans with both bearings and
distances from the recorded final map.
Responsible Agency: PW
When Required: Ongoing
29. Grading. Contour lines on the plans shall match the original ground surface elevations from the
Tract 5073 grading plan. No graded slopes shall be steeper than 2:1. Cut and fill quantities shall
be shown on the Grading Plan.
Responsible Agency: PW
When Required: Ongoing
30. Drainage. Concentrated storm flows from the proposed 4"0 PVC pipe that will drain the
driveway and from rain water leaders that will drain the roof and site improvements shall not
discharge at or near the top-of-slope. Instead, concentrated flows shall be collected in a p!pe
network that discharges through an energy dissipater as near as possible to the down slope property
line. Appropriate details shall be added to the plans to address this issue.
Responsible Agency: PW
When Required: Ongoing
31. Geotechnical Report. The applicant shall have a site-specific geotechnical report prepared that
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addresses grading, drainage, slope stability, landslide potential, and foundation recommendations.
All recommendations of the report shall be'incorporated into the design of the house and site
improvements. All grading, retaining walls and foundation work shall be performed in accordance
with the recommendations contained in the Geotechnical Report prepared for the site. The
responsible geotechnical engineer shall sign a statement on the Grading, Drainage and
Improvement Plan that all proposed grading, drainage and retaining walls conforms to the
recommendations contained in the Geotechnical Report.
Responsible Agency: BLDG
When Required: Ongoing
32. Automatic Fire Sprinkler System. Automatic Fire Sprinkler Systems shall be required in all
buildings that are adjacent to Open Space or Undeveloped Land. The installation of the Automatic
Fire Sprinkler System shall be in accordance with approved City standards.
Responsible Agency: BLDG
When Required: Prior to issuance of building permit and Ongoing
PARKS
33. Public Facilities Fee. Applicant/Developer shall pay a Public Facilities Fee in the amounts and at
the times set forth in City of Dublin Resolution No. 195-99, or in the amounts and at the times set
forth in any resolution revising the amount of the Public Facilities Fee.
Responsible Agency: PCS
Required By: As indicated in Condition of Approval
' ' ARCHITECTURE
34. Exterior lighting. Exterior lighting shall be of a design and placement so as not to cause glare
onto adjoining properties. Lighting used after daylight hours shall be minimized to provide for
security needs only.
Responsible Agency: PL
Required By: Ongoing
35. Fencing and Retaining Walls. The design, location and materials of all fencing and retaining
walls shall be subject to review and approval by the Community Development Director.
Responsible Agency: PL.
When Required: Prior to approval of Final Landscaping and Irrigation Plans.
36. Increase in height of residences prohibited. The increase in height of the residence proposed
with this project beyond that approved by the City with this application is prohibited.
Responsible Agency: PL
Required By: Ongoing
LANDSCAPING
37. Final Landscaping and Irrigation Plan. Applicant/Developer shall submit a Final Landscaping
and Irrigation Plan, conforming to the requirements of Section 8.72.030 of the Zoning Ordinance
(unless otherwise required by this Resolution) and the various tree protection requirements,
stamped and approved by the Director of Public Works and the Director of Community
Development. The plan should generally conform to the landscaping plan shown on the Site
Development Review.
Responsible Agency: PL
Required By: Prior to building permit
38. Wildfire Management Plan. The Final Landscaping and Irrigation Plan shall be in accordance
with the City of Dublin Wildfire Management Plan.
Responsible Agency: F
Required By: Prior to building permit
39. Landscape Installation. Prior to final occupancy approval, all required landscaping and
irrigation, shall be installed.
Responsible Agency: PL, B
Required By: Prior to occupancy
40. Drought-tolerant and/or native species. The landscape design and construction shall emphasize
drought-tolerant and/or native species wherever possible.
Responsible Agency: PL
Required By: Prior to occupancy
POLICE SECURITY
41. Residential Security Requirements. The development shall comply with the City of Dublin
Residential Security Requirements. Security hardware must be provided for all doors, windows,
roof, vents, and skylights and any other areas per Dublin Police Services recommendations and
,~?~..requirernents. At the beginning of the construction an address sign of adequatesize and color shall
be posted on site. Additionally, during construction security measures shall be taken to secure
equipment and materials, including barricades, locking boxes, and contact information.
Responsible Agency: B, PO
Required By: Prior to Occupancy of first residence
FIRE PROTECTION
42. Applicable regulations and requirements. The Applicant/Property Owner shall comply with all
applicable regulations and requirements of the Alameda County Fire Department (ACFD),
including payment of all appropriate fees.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
43. Because the exterior walls are over 150 feet from the public road, the driveway shall be a
minimum 14 ft wide emergency vehicle access road designed to hold the weight of fire apparatus
(63,000 pounds with a 40,000 lb axle weight).
Responsible Agency: F
Required By: Prior to issuance of Building Permits
44. Fire Flow. Provide a letter from Dublin San Ramon Services District stating what the available fire
flow is at the site. A copy of the letter shall be submitted to our office. Show the location of the two
closest fire hydrants on a site plan.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
45. Fire safety during construction. The following is applicable during the construction phase:
a. The combustibles on the site shall be removed prior to start of construction.
b. Article 87 of the Fire code shall be followed concerning fire safety during the construction,
demolition or repair, and the following requirements shall be provided to the project
manager and job contractor who shall notify all employees and sub-contractors of the
requirements.
c. Access roads shall be installed prior to building/site construction occurring.
d. Water supply shall be installed and in-service prior to building/site construction occurring.
e. Access roads, mrnarounds, pullouts, and fire operation areas and fire water supplies shall bi
maintained clear and free of obstructions, including parking. These areas are required fire lane:
and shall be passable fire equipment at all times.
f. A means to contact emergency services and a minimum of one 4A 20BC fire extinguisher shall bt
provided at the job site.
g. Hot work activities such as welding, cutting, torches, and flame producing operations shall be i~
accordance with the Fire code.
h. All construction equipment/machinery/devices with internal combustion engines shall be equippe(
with approved spark arrestors while operating in this project area.
Responsible Agency: F
Required By: Prior to delivery of any combustible material
46. Smoke Detectors. Residential smoke detectors shall be installed as required by California Building
Code section 310.9.1. Smoke detectors shall receive their primary power from building.wiring with
battery backup, shall be interconnected so 'that, when activated, sound an alarm audible in all Sleeping
areas, and shall be located in every sleeping area, area leading to sleeping areas, and on every story.
A general note shall be added indicating compliance with interconnection requirements. Written
certification is submitted to the Fire Department that all smoke detectors are located no closer than
three feet from any supply register of the HVAC system and outside the airflow of all HVAC
registers prior to occupancy. Show smoke detectors in the hallways giving access to sleeping rooms
and in rooms open to the hallway that have a ceiling height 24 inches or above the hallway.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
47. Uniform Building and Fire Codes. The project shall comply with Uniform Building and Fire Codes
as adopted by the City of Dublin.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
48. Sprinkler System. Provide a note on the drawing showing that the building is provided with a
sprinkler system as follows:
a. The sprinkler system shall be designed and installed in compliance with N.F.P.A. 13D.
b. Contact the Fire Department at least 48 hours in advance for required underground
inspections and hydrostatic test of all system components.
c. The sprinkler system shall be monitored by a central station monitoring as defined in
N.F.P.A. Standard No. 72. (Required by the Heritage Tree Ordinance).
d. Submit detailed shop drawings of all sprinkler modifications to the. Fire Department for
approval and permit prior to installation.
Responsible Agency~ F
Required By: Prior to issuance of Building Permits
49. The home shall comply the Heritage Trees Ordinance as follows:
a. Clearly show which tress are heritage trees on the site plan. Show the drip lines of the trees
on the plan.
b. The exterior wall shall be one hour rated on the side facing the open space and the two
adjacent sides.
c. The windows shall be dual pane tempered on the side facing the open space and the two
adjacent sides.
d. The structural members in the under floor areas shall be one hour rated.
e. The automatic sprinkler system shall be monitored by a UL certified central station
company.
f. The home shall be provided with an automatic sprinkler system.
g. The roof covering shall be class A.
h. The underside of the eaves shall be one hour rated.
i. The exterior wall shall be one hour rated on the side facing the open space.
j. The exterior doors shall be non-combustible or solid core 1% inch thick.
k. Attic vents or other Vent openings shall not exceed 144 sq. in. and covered with non-
combustible corrosion resistant mesh with openings not to exceed ¼ inch.
1. Comply with the vegetation guidelines. This requires that an area of non-combustible
materials flowers plants concrete gravel or soil be maintained around the house.
Responsible Agency: F
Required By: Prior to issuance of Building Permits and Ongoing
50. Water supply. Water supply shall be adequate to support required fire flow.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
DSRSD
51. 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. Prior to
the issuance of a building permit, all utility connection fees, plan check fees, inspection fees,
permit 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.
Responsible Agency: DSRSD.
Required By: Prior to issuance of Building Permits
52. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system.
Pumping of sewerage is discouraged and may only be allowed Under extreme circumstances
following a case by case review with DSRSD staff. Any pumping Station will require sPecific
review and approval by DSRSD of preliminary design reports, design criteria, and final plans and
specifications. The DSRSD reserves the right to require payment of present worth 20 year
maintenance costs as well as other conditions within a separate agreement with the apPlicant for
t2
any project that requires a pumping station.
Responsible Agency: DSRSD.
Required By: Ongoing
53. Prior to the issuance of a building permit, all improvement plans for DSRSD facilities shall be
signed by the District Engineer. Each drawing of improvement plans shall contain a signature
block for the District Engineer indicating approval of the sanitary sewer or water facilities shown.
Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and
provide an engineer's estimate of construction costs for the sewer and water systems, a
performance bond, a one-year maintenance bond, and a comprehensive general liability insurance
policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least
15 working days for final imprOvement drawing review by DSRSD before signature by the District
Engineer.
Responsible Agency: DSRSD.
Required By: Prior to issuance of Building Permits
54. No sewer line or water line construction shall be permitted unless the proper utility construction
permit has been issued by DSRSD. A construction permit will only be issued after all of the items
in the condition immediately before this one have been satisfied.
Responsible Agency: DSRSD.
Required By: Ongoing
55. The Applicant/Property Owner 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 completion of the project.
Responsible Agency: DSRSD.
Required By: Ongoing
56. The Applicant/Property Owner shall obtain a limited construction permit from the DSRSD prior to
commencement of any work.
Responsible Agency: DSRSD.
Required By: Prior to commencement of any work
57. Construction by Applicant/Developer. All onsite potable and recycled water and wastewater
pipelines and facilities shall be constructed by the Applicant/Developer in accordance with all
DSRSD master plans, standards, specifications and requirements.
Responsible Agency: DSRSD.
Required By: Completion of Improvements
58. DSRSD Water Facilities. Water facilities must be connected to the DSRSD or other approved
water system, and must be 'installed at the expense of Applicant/Developer in accordance with
District Standards and Specifications. All material and workmanship for water mains and
appurtenances thereto must conform with all of the requirements of the officially adopted Water
Code of the District and shall be subject to field inspection by the District.
Responsible Agency: DSRSD.
Required By: Completion of Improvements
59. The applicant shall coordinate with the District and Alameda County Fire Department on required
fire flows.
13
Responsible Agency: DSRSD.
Required By: Approval of Improvement Plans
MISCELLANEO US
60. Building Permits. To apply for building permits, the Applicant shall submit eight (8) sets of full
construction plans 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 be complied with. Construction plans will not be accepted without the annotated
conditionS attached to each set of plans. The Applicant will be responsible for compliance with all
Conditions of Approval specified and obtaining the approvals of all participating non-City
agencieS prior to the issuance of building or grading permits.
Responsible Agency: B, PL, PW.
ReqUired By: Prior to issuance of building permits
61. Construction plans. Construction plans shall be fully dimensioned (including building
elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared
and signed by an appropriately design professional. The site plan, landscape plan and details shall
be consistent with each other.
Responsible Agency: B, pL, PW.
Required By: Prior to issuance of building permits
62. Postal authorities. The developer shall confer with the local postal authorities to determine the
type of mail receptacles necessary and provide a letter stating their satisfaction with the type of
mail service to be provided, Specific locations for such units shall be to the satisfaction of the
POstal Service.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit.
HERITAGE TREES:
63. No underground services including utilities; sub-drains, water or Sewer lines shall be placed in the
Tree Protection Zone.
Responsible Agency: PL
When Required: Ongoing
64. Tree Preservation Notes, prepared by the consulting arborist, shall be included on all construction
plans.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit
65. Irrigation systems must be designed so that no trenching will occur within the Tree Protection
Zone.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit.
66. No landscape improvements such as lighting, pavement, drainage or planting may occur which
may negatively affect the health or structural stability of the trees.
Responsible Agency: PL
14
When Required: Ongoing
67. Foundations, footings and pavement on expansive soils near the Heritage Trees should be designed
to withstand differential displacement due to expansion and shrinking of the Soil.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit.
68. All pruning, including after completion of construction and occupancy, shall be completed by a
Certified Arborist and Tree Worker in the presence of City designated personnel and be in
conformance with the guidelines of the International Society of Arboriculture, Tree Pruning
Guidelines, current edition, on file in the Community Development Department. In addition,
pruning shall be in conformity with the provisions of the Pruning Specifications of the Tree
Protection Plan for this project.
Responsible Agency: PL
When Required: On-going.
69. The Tree Protection Zone shall completely surround those trees to the satisfaction of the City's
arborist. A fence shall completely surround and define the Tree Protection zone to the satisfaction
of the City's arborist prior to demolition, grubbing or grading. Fences shall be 6 feet tall chain
link or equivalent as approved by the consulting arborist. Fences are to remain until all grading
and construction is completed. All pruning approved by the City' Consulting Arborist shall be in
accordance with the Tree Pruning Guidelines (International Society of Arboriculture) and adhere
to the most recent editions of the American National Standard for Tree Care Operations (Z133.1)
and Pruning (A300).
Responsible Agency: PL
When Required: Prior to issuance of Grading Permit and Through Construction.
70. Prior to work the contractor must meet with the either the Applicant's or the City's consulting
arborist at the site to review all work procedures, access routes, storage areas and tree protection
measures.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit.
71. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within
the Tree Protection Zone. Spoil from trench, footing, utility or other excavation shall not be placed
within Tree Protection Zone.
Responsible Agency: PL
When Required: Prior to issuance of Grading Permit.
72. If damage should occur to any tree during construction it shall be immediately reported to the
Director of Community Development so that proper treatment may be administered. The Director
will refer to a City selected Arborist to determine the appropriate method of repair of any damage.
The cost of any treatment or repair shall be borne by the developer/apPlicant responsible for the
development of the project. Failure to do so may result in the issuance ora stop work order.
Responsible Agency: PL
When Required: Ongoing
73. While in the tree, the arborist shall perform an aerial inspection to identify defects that require
treatment. Any additional work needed shall be reported to the Project Arborist.
15
Responsible Agency: PL
When Required: Ongoing
74. Brush shall be chipped and chips shall be spread underneath trees to a maximum depth of 6 inches,
leaving the trunk clear of mulch. Wood shall be hauled off the site. Trees shall not be climbed
with spurs. Thinning cuts are to be employed rather than heading cuts. Trees shall not be topped
or headed back
Responsible Agency: PL
When Required: Ongoing
75. Vehicles and heavy equipment shall not be parked beneath the trees. If access by equipment is
required to accomplish the specified pruning, the soil surface shall be protected with 6 inches to 8
inches of wood chips before placing equipment or vehicles.
Responsible Agency: PL
When Required: Ongoing
76. Equipment shall be serviced and fueled outside the tree canopy to avoid accidental spills in the
root area.
ResPonsible Agency: PL
When Required: Ongoing
77. A certified arborist shall be present on the project site during grading or other construction activity
that may impact the health of the Heritage Trees in this project.
Responsible Agency: PL
When Required: Ongoing
78. The applicant's arborist shall prepare a Guide to Maintenance for Native Oaks that describes the
care needed to maintain tree health and structural stability including pruning, fertilization,.
mulching and pest management as may be required. In addition, the Guide shall address
monitoring both tree health and structural stability of trees. As trees age, the likelihood of failure
of branches or entire trees increases. Therefore, annual inspection for hazard potential should be
addressed in the Guide. A copy of this Guide shall be provided to the homeowner.
Responsible Agency: PL
When Required: Prior to occupancy
79. The applicant/developer shall guarantee the protection of the Heritage Trees on the project site
through placement of a cash bond or other security deposit in the amount of equal to the valuation
of the trees as determined by the Director of Community Development. The cash bond or other
security shall be retained for a reasonable period of time following the occupancy of the last
residence occupied, not to exceed one year. The cash bond or security is to be released upon
satisfaction of the Director of Community Development that the Heritage Trees have not been
endangered. The cash bond or security deposit shall be forfeited toward payment of the civil
penalty, pursuant to Section 5.60.120 for any removal or destruction of a Heritage Tree.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit and Ongoing for up to one-
year beyond occupancy
80. Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a Heritage Tree in this project shall obtain permission from the Director of
Community Development before performing any work, which may cause injury to the Heritage
Tree.
Responsible Agency: PL
When Required: Ongoing
81. No heritage Tree on the project site shall be removed unless its condition presents an immediate
hazard to life or property. Such Heritage Tree shall be removed only with the approval of the
Director of Community Development, City Engineer, Police Chief, Fire Chief or their designee.
Responsible Agency: PL
When Required: Ongoing
82. All Oak trees on the project site addressed by the Tree Protection Plan are designated as Heritage
Trees by this Site Development Review and shall be protected by the provisions of the Heritage
Tree Ordinance pursuant to Section 5.60.40.2.
Responsible Agency: PL
When Required: Ongoing
83. All work shall comply with City of Dublin Heritage Tree Ordinance, including no grading or other
improvements within the drip-line of a protected tree, except as shown on the approved plans. A
Tree Protection Zone shall be' established in consultation with a Certified Arborist where work will
be prohibited, except as shown on the approved plans.
Responsible Agency: PW
When Required: Ongoing
PASSED, APPROVED and ADOPTED this 6th day of July 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
GSPA#~2003\03-040 Loukinoff ResidenceL~ppeal\sdr appeal reso.doc
17
PUBLIC HEARING
CONSIDERATION OF APPEAL OF PLANNING COMMISSION
APPROVAL OF PA 02-040, LOUKIANOFF SITE DEVELOPMENT REVIEW
8:16 p.rru 6.2 (410-30)
Mayor Lockhart ~opened the public hearing.
Senior Planner Andy Byde presented the Staff Report and advised that on May 11,
2004, the Planning Commission approved a Site Development Review application
for a new single-family residence on an existing lot (Lot 1 of Tract Map 5073)
located at 11229 Rolling Hills Drive. The single-family residence was approved to
be 2,954 square feet in size with a garage that would be 587 square feet in size. On
May 21, 2004, Councilmember Claudia McCormick filed a timely appeal of the
Planning Commission's decision, citing that the item had the potential to cause
significant and material effects on the quality of life within the City of Dublin.
Lot 1 was created in 1995 as part of the Hatfield Development project, and was
sold later to Black Mountain Development Company. In January 2001, the City
Council approved Black Mountain's development' project for new single family
homes on six lots, including Lot 1. Lot 1 has a storm water drainage easement
that extends along the southern portion of the property, with no structures to be
located within that easement. Heritage Tree 353 is also found on Lot 1. The initial
Council approval inclUded a 5-foot setback from the heritage tree. During the
review of the grading permit, Staff determined that the approved location of Lot 1
conflicted with Heritage Tree 353 and would constrain where the residence could
be located. Subsequently, the Applicant and currently Lot owner, requested
permission to trim the heritage tree to accommodate the proposed residence. The
Applicant's arborist determined that the proposed encroachment from the
residence was in the capacity of the tree to survive. Several other arborists,
including the City's, reviewed and concurred with the report. The tree report also
determined that, because some of the original subdivision improvements and
grading, the soil has compacted in an area and caused the tree not to have active
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
June 15, 2004
PAGE 300
ATTACHMENT 2
roots within that area. Therefore, placement of the residence in ~e area where the
soil was compacted would not further endanger the tree.
Mr. Byde advised that the Council had three options: Option 1, Affirm the
Planning Commission's decision; 2) Affirm in part, the Planning Commission's
decision, by modifying conditions; or 3) Reverse the action of the Planning
Commission decision. Based on the Planning Commission report and draft
minutes for the May 11, 2004 Planning Commission meeting, Staff recommended
that the City Council evaluate the appeal and affirm the Planning Commission's
approval of the project.
Vm. Zika clarified that it was the conclusion of all the arborists that the tree had
not grown because of the compacted soil on that site.
Mr. Byde advised yes, the tree had not grown on that side because of soil
compaction. The canopy of the tree had not grown that far from the taxmk of the
tree in the southern direction, although it has grown in other directions.
Vm. Zika confirmed that the Applicant could not build over the storm drain
easement in the south and the location of the drip line on Tree 353 to the north.
Mr. Byde advised that the Applicant did not own the easement, so he cannot
encroach over it. The easement is retained for a storm drain, although there is no
actual storm drain in it. The easement belongs to the Homeowner's Association
(HOA). In addition, the steepest portion of the lot is in that area. The residence
could be built in that area if the easement were moved, but it would result in
additional costs to the Applicant.
Mayor Lockhart asked what recourse or actions were available for someone to
take regarding a faulty survey, such as this. Who would have recourse and who
would be responsible?
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
June l5, 2004
PAGE 301
Mr. Byde advised that it was a legal question, but it was his understanding that
Black Mountain was currently in litigation with the surveyor who prepared the
original doctunents, but could only speculate as to what the litigation was about.
Vm. Zika asked if there was any known use for the currently unused storm drain.
Mr. Byde advised that there was the watershed which served that area and was
originally intended for that. It is very small and probably would not be necessary
to put it in a pipe which needed to be in an easement. It could probably surface
flow across the lot or be in a very small easement and pipe located in the southern
portion. Most likely, when the final improvement plan for the lots was approved,
there were probably some changes but the easement was never removed.
However, it is still an existing legal document.
Vrrc Zika asked if a hydrologist study might indicate that the storm drain and
easement were not needed, which might allow them to build in that area without
a significant increase in cost.
Mr. Byde advised that some type of facility would be needed with a full
hydrologist study.
Alex Loukianoff, the Applicant, requested that the Council reaffirm the Planning
Commission approval. They have been good citizens throughout the process and
have worked with Staff.
Mayor Lockhart asked if he had explored any aspects of moving the easement.
Mr. L°ukianoff advised yes, and deferred to his father, a licensed engineer and
general contractor, to answer specific questions.
Nick Loukianoff, the Applicant's father, advised that the drainage easement
served only the house to the front toward the street, and virtually no water comes
off the backyard. The backyard is small, so whatever water comes off is minor. If
the,, HOA Would, agree, it would, be possible to move the point of the ,,,drainage
CITY COUNCIL MINUTES d~.
VOLUME 23
REGULAR MEETING ~~~
June 15, 2004
PAGE 302
easement but would be significant extra cost. He requested that Staff be willing to
work with them to minimize the drainage requirements and reduce costs.
Mayor Lockhart asked Staff if there was any opportunity to work with this project
to change a setback or do anything that would make it more this more feasible
and less intrusive to the tree.
Mr. Byde advised that if easement was removed, there would be other options.
There would be some setback issues, but the Council had the authority to deviate
from the setbacks.
Mayor Lockhart noted that the Council has made exceptions in the past with
difficult lots in the area.
Cm. Sbranti asked what the Lot 1 setbacks were.
Mr. Byde advised that the side yard setback was 5 feet with an aggregate of 15
feet. There had to be a minimum of 5 feet and the two had to add up to 15 feet.
Cm. Oravetz asked what needed to be done to get the easement waived by the
HOA.
Mr. Byde advised that the HOA would essentially have to quitclaim their rights to
put drainage into the storm drain; however, he was uncertain of the specific HOA
process.
The Council discussed the issue and agreed that the HOA would want to save the
tree if the easement served no purpose.
City Attorney Elizabeth Silver advised that the Council had 75 days from the date
of the appeal to take action and suggested continuing to a date certain to provide
Mr. Loukianoff the opporttmity to approach the HOA with the request to
quitclaim the easement. '
..... CITY C~CIL MINUTES
REGULAR MEETING
June 15, 2004
PAGE 303
Mr. Byde suggested that Staff devise a revised design, assuming that the HOA
would approve an easement quitclaim, and with the Council's concurrence,
approve the revised design with the condition added that the easement has to be
relocated. If it does not occur, the plan would need to come back to Council.
Cm. Oravetz asked if it would be appropriate for the Council to call the HOA in
support of this issue. He did not want to exceed the bounds of the appeal rules.
Ms. Silver advised that the City Manager could call the HOA to advise them of the
Council's support.
Council and Staff discussed the various options available to them.
Mr. Loukianoff advised that they had had preliminary contact with the I-tOA,
which seemed inclined to help.
Mayor Lockhart asked what would happen if the Council approved it, as
suggested by Mr. Byde, subject to the HOA's approval.
Ms. Silver advised that the Council could affirm the appeal in part and make a
modification to the Conditions of Approval to include a condition that the house
be relocated 5 feet to the south. If the Council did nothing else, it would be the
only approval they had. If the Applicant could not work something out with the
HOA, then they would have to come back to Council. The Council had not
discussed what their position would be if the HOA was not amendable to the
request.
Mayor Lockhart'stated that there needed to be an either/or decision. The Council
needed to give them another option if the HOA did not give approval so the
Applicant wouldn't have to start all over again.
City Attorney Silver advised that if the Council could decide that tonight and be
approved by straw vote, Staff could bring a revised resolution to the next Council
meeting for adoption..
VOLUME 23
REGULAR MEETING A ~I-~
June 15, 2004
PAGE 304
Cm. Oravetz made a motion, for discussion, to allow the Applicant to approach
the HOA with a request to quitclaim the easement or, if the HOA denied the
request, the Council would affirm the Planning Commission's decision.
Vm. Zika seconded the motion for discussion.
Mayor Lockhart clarified that the motion was that the Council would first suppOrt
the Applicant going to the HOA to with the request to move the home 5 feet and
remove the easement. And, if not, the Council would uphold the Planning
Commission decision.
Cm. McCormick suggested adding the arborist's recommendations for the tree as mitigation
measures, including annual monitoring of the tree and extending the bond to three years
beyond the completion date. The spirit of the Heritage Tree Ordinance was to protect and
preserve heritage trees, not figure out how far the trees can be whacked to put a house on a lot.
She would not have voted the way she did if the Council had had the correct survey.
information. The survey was wrong; the tree was not where it was supposed to be. Somebody
should go out and check the surveyor's work when there was a heritage tree on the property,
and was asking the Council to support that.
Mayor Lockhart asked Cm. Oravetz if he was open to an amended motion Which
included the suggested mitigation measures as an alternative.
Cm. Oravetz agreed.
Cm. McCormick asked who would monitor the tree for three years.
Mr. Byde stated that the approval was currently structured so it would be the
owners' responsibility. Furthermore, except for the bond requirement, the
Conditions of Approval included all of the arborist's suggested mitigation
measures. The three-year bond requirement would need to be added.
Mayor Lockhart advised that the amendment would be to add the three-year bond
req~_~irement.
CITY COUNCIL MINUTES
VOLUME 23 ~.,~
REGULAR MEETING ~'
June 15, 2004
PAGE 305
Cm. Oravetz agreed to modify his motion as suggested.
Cm. McCormick requested that all of the mitigation measures and the conditions'
would be recorded.
Mr. Byde advised that the Alameda County Recorders Office would not allow an
informational type of document of this nature to be recorded. It was not on their
list of recordable documents. The Applicant would be required to disclose the
information upon transfer of property.
Mayor Lockhart stated that the property owner would have to submit an
arborist's report once a year for three years on the condition of the tree.
Mayor Lockhart clarified that the motion was that the first alternative was to work
with the HOA to move the house 5 feet. The second alternative would be to
uphold the Planning Commission's decision and add the three-year maintenance
bond and the yearly arborist's report to be submitted to the City.
City Manager Ambrose asked if the Council wanted written confirmation from
HOA regarding the easement issue.
Mayor Lockhart stated yes, it was important to have written HOA confirmation
for the record.
Cm. Sbranti asked if Council members could legally contact the HOA, assuming
that it took action tonight.
City Attorney Silver advised yes, but recommended a straw vote tonight and
direct Staff to' return with a modified resolution at next Council meeting. Staff
could contact the HOA. The Council might also want to consider putting a time
period on the first alternative to get the easement moved and relocating the house.
The Council discussed a 30 day'timeframe. . .... CitY CO~CIL MiNU~ES
· VOLUME 23 ^~"~
REGULAR MEETING
June 15, 2004
PAGE 306
Alex Loukianoff stated they would do it as fast as possible. He advised that a
three-year bond would be a financial burden and asked the Council to consider a
one-year bond.
Crn~ McCormick indicated that the bond would only be necessary if the house
could not be moved.
Mr. Byde advised that the bond amount would be based on value of tree, which
was determined by an arborist. The value of a similar tree had been set at
approximately $10,000. 10% would be $1,000 a year for three years.
City Attorney Silver suggested that, rather than having a time period, the motion
require a written confirmation from HOA on the status of the easement. Once the
Applicant had provided the confirmation, Staff could move forward and prepare
· the modified resolution for the appropriate Council meeting.
Mayor Lockhart closed the public hearing.
With a unanimous straw vote, the Council resolved the follOwing:
1) Mr. Loukianoff to request that Silvergate Highlands Homeowner's Association
approve, in writing, the movement of the storm drain easement to the southern
edge of the lot so that the location of the home may be shifted away from the
heritage tree; 2) Staff to draft a letter to the Homeowner's Association for the City
Manager's signature in support of the Applicant's request; and 3) Staff to prepare
a Staff Report with a resolution for the next council meeting affirming, in part, the
appeal and making a modification to the Conditions of Approval to include a
condition that the house be relocated 5 feet to the south unless the City receives
written notice from the Homeowner's Association that the Association will not
agree to the relocation of the storm drain easement, in which case the appeal is
affirmed in part with the following, additional conditions: a three-year
maintenance bond shall be required for the heritage tree and a yearly arborist's
report sh .al.1 be submitted to the City on the condition of the heritage tree.
REGULAR MEETING
June 15, 2004
PAGE 307
CITY CLERK
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 15, 2004
SUBJECT: PUBLIC HEARING: Consideration of Appeal of Planning
Commission Approval of PA 03-40, Loukianoff Site
Development Review
Report Prepared by: ,4nay Byde, Senior Planner ~
ATTACHMENTS: 1. Letter Received May 21, 2004, appealing Planning
Commission Decision of May 11, 2004;
2. Planning Commission Staff Report dated May 11, 2004,
including project description, attachments, and project plans;
3. Planning Commission Minutes for Ma~ 11, 2004;
4. Planning Commission Resoluti~m No. 0443 approving .the
Site Development Review, with conditions of approval; and
5. Resolution Affirming Planning Commission Approval.
RECOMMENDATION: ]c.O'r~ 1. Open Public Hearing
2. Receive Staff Presentation and Applicant Testimony
3. Question Staff and the Public
4. Close Public Hearing and Deliberate
5. Adopt Resolution Aft'ming Planning Commission Approval
of a Site Development Review.
PROJECT DESCRIPTION:
On May 11, 2004, the Planning Commission held' a public hearing for a Site Development Review (SDR)
application for a new single-family residence on an existing lot (Lot 1 of Tract Map 5073) located at
11299 Rolling Hills Drive. The single-family residence was approved to be 2,954 square feet in size with
.a garage that is 587 square feet in size.
At the May 11, 2004, meeting, a motion to approve the project was approved on a 2-1-2 vote with
Commissioners Nasser and Jennings absent.' A copy of the Draft Planning Commission Minutes is
included as Attachment 4.
On May 21, 2004, Council Member McCormick filed a timely appeal of the Planning Commission's
decision (Refer to Attachment 1 for a copy of the appeal letter). Pursuant to the Dublin Z°ning
Ordinance, when a member of the City Council files an appeal, it. is presumed that the reason for the
COPIES TO: Applicant
Project File
ITEM NO. ~
O:~PA#~2003\03-040 LoukinoffRcsidenceLa_ppeal\¢¢ appeal staffr~port 6-15-04.doc
ATTACHMENT
appeal is that the appealed action has a significant and material effects on the quality of life within the
City of Dublin (Section 8.136.040(B.2)of Dublin Municipal Code).
City ¢ouncil Action
Under the City Zoning Ordinance, the City Council may affirm, afl'mn in part, or reverse the action of the
Planning Commission, based upon findings of fact. Findings shall identify the reasons for the action on
the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions
of the Appeals Chapter of the Zoning Ordinance. The City Council may adopt additional conditions of
approval that address the specific subject of the appeal.
The City Council may continue this matter, but must take action within 75 days of the date the appeal was
filed (75 days from May 21, 2004, .is August 3, 2004), pursuant to Section 8.136.060 A of the Dublin
Municipal Code. Additionally, because the appeal was filed by a member of the City Council, the Council
may consider any issue concerning the application.
CONCLUSION:
Based upon the Planning Commission Staff Report and Draft Minutes for the May 11, 2004, public
hearing, Staff recommends that the City Council evaluate the appeal and affirm the Planning Commission
Approval of May 11, 2004.
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the resolution
affirming the Planning Commission Approval of May 11, 2004 (Attachment 5).
2 %-2_
RECEIVED
MAY 2 1 ~00~
~ OF OUaLIN
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: MAY 11, 2004
SUBJECT: pUBLIC HEARING: PA 03-040, Loukianoff Site Development Review
for a Single-Family Residence on an existing lot (Lot 1) at 11299 Rolling
Hills Drive
(Report Prepared by: Andy Bye, Senior Planner)C~
ATTACHMENTS: 1. Resolution Approving a Site Development Review; .
2. Project plans;
3. Letter from Joseph McNeil, Consulting Arborist, dated January 12,
2004;
4. Letter from HortScience, Dated February 2, 2004, peer review of
Joseph MeNeil's report;
5. Heritage Tree Ordinance;
6. Previously Approved Plans for home on Lot 1; and
7. Letter from Applicant Alexander Loukianoff.
RECOMMENDATION: 1. Open public hearing;
2. Receive Stuff presentation and public testimony;
3. Question Staff, Applicant and the public;
4. Close public hearing; and
5. Adopt Resolution (Attachment 1) approving the Site Development
Review, subject to conditions.
PROJECT DESCRIPTION:
This is a Site Development Review for a new s~ngle-family home on an existing tot (Lot I) at 11299
Rolling Hills Drive, created by Tract Map 5073. The single-family residence is proposed to be 2;954
square feet in size with a garage that is 587 square feet in size.
BACKGROUND:
Hatfleld DeVelopment Appr~qva]:
On August 12, 1985, the City Council approved PA 85-035.3 (Resolution 82-85), Hatfield Development
Corporation, Inc. Tract Maps 5072, 5073 and 5074. Lots 1 and 7- 12 of Block 1 of Tract Map 5073 were
not built' upon when the rest of~e homes were built in 1985. Lo~ 1 is the location &the subject property.
City Council Resolution 82-85 set forth the conditions of approval for the three tract maps. Conditions 4
and 12 of that resolution require that a Site Development Review be processed for the' development of
these lots.
The proposed project is located on an existing legal lot of record which was created in conformity with the
following regulationS in effect at the time: (1) the Single Family Residential General Plan Designation; (2)
the R-1 Zoning Diswict; (3) the Hatfield Planned Development (Ordinance 80-85); (4) the Subdivision
Title (Title 9) of Dublin Municipal Code; and (5) the Subdivision Map Act of the State of California.
COPIES TO: PA File
Applicant
Mailing list
Br~ittan¥ Lane/Black Mountain De. velopment (PA 00-009);
On December 12,'"'~000, the Planning Comm{ssion approved the Brittany Lane/Black Mountain
Development 0aA.00-009) Site DevelopmentReview (SDR), approving the design and location for single
family homes on 7 lots (Lot Numbers: 1, and 7-12). The Brittany Lane/Black Mountain project was
appealed tQ City Councit on December 21, 2000. Tine appeal alleged conflicts with the following: (1)
Heritage Tree Ordinance, (2) the Wildfire Management PIan, (3) the Zoning Ordinance, and (4) the
Haffield Development Approval. On Sanuary 16, 2001, the City Council heard the appeal of the SDR and
directed the applicant to redesign the project to minimize impacts to the heritage trees on site. On
February 20, 2001, the City. Council approved the redesigned Brittany Lane/Black Mountain project,
upheld the decision of the Planning Commission, and required some additional conditions of project
approval.
The home on Lot I that was approved by the City Council as part of the Brittarty Lane/Black Mountain
Development (PA 00-009) was 3,400 square feet of living space and had a 640 square foot garage (see
Attachment 6 for copies of the previously approved site plan and floor plans). The previously approved
residence had the following setbacks from property lines: ~ront 28 feet; side 17 feet; side 57.5 feet; and
rear 43 feet. In addition, the approved residence on Lot 1 was shown with a 5-foot setback to the existing
Valley Oak, Tree No. 353 (as described by the Black Mountain Heritage Tree Protection Plan).
Lot 1 is a '."flag" tot that is 21,328 square feet in size. Access to the lot is provided via a fee title strip of
land extending to Rolling Hills Drive. The eastern one-third portion of the lot is relatively fiat, while the
r~-naining two-thirds of the lot steeply drops off with a 30-50% slope. The southern portion of the lot
contains an existing Common Area Storm Drain Easement that extends across the entire southern portion
of the property. The Easement was granted to the Silvergate Highlands Owners Association by the
original developer. Based up°n a field review by the Public Works Staff, the existing Easement does. not
contain any pipes or other structures to convey storm water.
The site plan approved as part of the Brittany Lane/Black Mountain Site Development Review showed the
.~:. distance between drip-line of Tree No. 353, located on the northern portion of the property and the
Easemem on the southern porti°n of the property, to be 68 feet.
In April 2002, during the review of the grading plan for the seven lots, Staff determined that the approved
location of residence on Lot 1 conflicted with Tree No. 353. Specifically, the location of the tree was
between 12 feet and 20. feet beyond the location shown on the site plan the City Council approved as part
of the Brittany Lane/Black Mountain Site Development Review.
In March of 2003, the Developer of Brittany Lane/Black Mountain transferred interest to Lot 1 to
Alexander Loukianoff.
Tree Location
A--S a result of the information provided by the new Applicant's designer, the distance between the
Easement and the drip line of Tree No. 353 is approximately 47 feet. This limited distance significantly
constrains the lot. In order to contend with this limited dimension, the Applicant is proposing the
residence to encroach into the tree canopy, thereby necessitating trimming of the tree.
2
ANALYSIS:
_~cpject Desi~
The proposed residence is well designed and sited. The 2,954 square foot home would complement the
architectural quality of the surrounding neighborhood. The design elements are shown in colored
· elevations available at the Planning Commission Meeting and are on file at the Community Development
Department. The residence is sited on the lot to minimize grading and impacts to views. A hip roof has
been incorporated into the design to minimize impacts to views. The home will be obscured by the home
located in front of the subject, property. ' Landscaping plans reviewed by Staff will have adequate
quantities and qualities of trees and shrubs. The project is well designed, well sited and, as conditioned, is
consistent with the required findings contained within the Site Developmem Review Chapter of the
Zoning Ordinance (Section 8.104.070).
Tree Trimming ·
The Applicant is proposing the residence encroach into the drip line of Tree No. 353 between 4 and 5 feet
for the pop out of the kitchen (on the northern elevation, see Attachment 2) and 7 feet for the lower level
deck (pictures of the proposed, trimming can been seen on page 2 and 3 of Attachment 3). The
Applicant's Arborist, Joseph McNeil, has reviewed the proposed trimming of Tree No. 353. Mr. McNeil
determined that the proposed encroachment from the residence is within the capacity of the tree to
tolerate. The conclusions reached by Mr. McNeil were then peer-reviewed by Michael Santos of
HortScience, the same finn that prepared the original Tree Protection Plan for Brittany Lane/Black
MoUntain Site Development Review. Aider reviewing the plans and Mr. MeNei!'s report, Mr. Santos
concurred with consulting arborist's conclusions.
The Tree Protection Plan approved as part of the Brittany Lane/Black Mountain SDR called for the
residence ~o be setback 5 feet from any existing Heritage Tree drip line. The consulting arborist, Mr.
McNeil, states that the largest impact to Tree No. 353 would result from the pruning necessary to maintain
a 5-foot setback from the residence (see page 3 and 4 of Attachment 3). To lessen the-impact of the
encroachment of the residence into the drip line of Tree No. 353, the Applicant. is proposing to. remove as
little foliage as possible of the tree and amend the Tree Protection Plan to reduce the 5-foot setback, to the
minimum necessary to accommodate the residence. The consulting arborist recommends reducing this
setback in order to limit the limit the amount of foliage removal. To limit the impacts to the tree as a
result of pruning and placing the tree closer than 5 feet, the arborist reeornmends seven specific
mitigations: (1) install tree fencing; (2) place mulch around the roots: (3) provide supplemental irrigation
during the dry season; (4) limit Iandseaping aroUnd the trees; (5) ensure no drainage is directed towards
the tree; (6) ensure proper material disposal during construction; and (7) ensure all pruning is done by a
Certified Arborist.
Stuff has reviewed the site plan, the accompanying letter from the consulting arborist and the peer review
of the consulting arborist report. Staff concurs with the proposed limited encroachment of the residence
into the canopy of Tree No. 353 and resulting trimming for the following reasons: (1) the proposed
trimming would be consistent with the Heritage Tree Ordinance because the trimming would be done in
conformance with standards established by the International Society of Arborieulture; (2) the lot is
significantly constrained with a limited width, due to the storm drain easement in the south and the
location of the drip line of Tree No 353 to the north; (3) the trimming is the minimum necessary to
accommodate a residence that is significantly smaller in size than was previously approved by the Brittany
Lane/Black MoUntain site Development Review; and (4) the trimming of the tree, with the adherence to
the recommended mitigations, is within the capacity of the tree to tolerate.
3
~ CiV Co'oil R~solufion 82-85, ~ SD~ approve, set ~o~ conditions & approve, which ~b~h~d
~quir~men~ to ~ ~l~lled prior to ~e iss~c~ o~ b~l~ng p~i~. ~ ad~fion,
approv~ es~blish~d dev~Iopment s~d~ds ~or ~e c~om 1o~ ~ot N~bers: 1, ~d 7-12, includ~g
subject pro~). ~ conditions ~t specific~ly apply to ~s project ~e listed below ~ s~tements
~g~d~g project coloniC:
Condition 3. ~s condition establishes ~e development regulations for
~afions ~:
Front y~d setb~k is 20-feet,
Side y~d setback is 5-feet mi~m~ ~d 15-feet ag~egate.
Re~ ~d setback is 20-feet
Lots ~e subject to ~idel~es of~e R-I zo~g dis~ct in respect to development cfit~a such as
lot coverage, ~lowable uses, p~g req~emenm, md definition of terns.
~e project, ~ proposed Mil ~ve ~e follo~g setbacks ~om pmpe~ l~es: ~ont pmpe~ ~e, 20 feet,
where 20 feet is ~e minimm; side prope~ l~e; side prope~ line 17 feet, where 5 feet is ~e mi~mm;
side prope~ l~e, 48 feeh where 5 feet is ~e mi~mm; ~d re~ pmpe~ line pro~ l~e, 55 feet,
where 20 feet is ~e ~~. ~e projec~ ~ proposed, wo~d have a lot coverage of 10.8%, where 35%
is ~e m~imm. ~e proposed residence complies M~ all req~menm cont~ed M~ condition 3 ~d
~ ~e requkemenm of ~e R-1 zon~g disffict.
Condition 4. Site ~Ming ag~egat~g ~ excess of fi~ cubic s~l not occ~ ~fil a Site Development
Review (SDR) application is processed accord~g to S~fion 8.95.0 Cow section 8.104) of~e Zo~g
Ord~ce (Site Development Review). Site ~M~g ~om ~s project ~11 exc~d fi~ cubic y~ds ~d
~erefore a Site Development Re~ew is required.
Condition.6. "~e heist of cmom or modified homes s~l not exceed ~en~-five (25) feet
me~ p~n~cul~ly ~m m~ ~de. S~ heists ~e~ng .~develo~, non-~v~g
for custom or modified homes (incased ~om nat~ ~ade m fi~sh~ floor elevafiom) shall not
exc~d a maximin of ~e 9 feet. Deviation ~or refinemem of these smd~ds ~y be co~ide~d
~ pm of~e Site Development Re~ew process cove~g these loB."
~eight Limit. ~s rendition stipulated ~e height li~t ~d ~e m~odolo~ for me~ng
heist for ~e cmmms lots ~ ~e development. ~e h~ght l~t w~ not m exceed 25 f~t
~d ~e me~odolo~ for meas~g heist w~, (a p~lel line) me~med 25-feet
~eMic~ from na~ ~Me (see Fig~e 1 for illustration).
Section illustrating perpendicular measurement of height limit
Figure 1.
4
Skirt Height. This condition applies a maximum skirt height of .9. feet as measured fr-~
grade. A skirt is the area below the lowest living floor, which is utilized for support o£a structure.
Staff reviewed the project plans and determined that the residence is in conformance with the both the
height limit and skirt height limit as 'defined'by Condition 6.
Condition 16. This Condition requires that project grading performed within 25-feet of the drip line of
existing onsite or offsite trees shall be addressed by a horticultural report and the recommendations and
findings or'at report incorporated into the grading and improvement plans of this project.
A recommended Condition of apprOval would require that the applicant/developer guarantee the protection
of the Heritage Trees on the subject property through placement of a cash bond or other security deposit in
the amount of equal to the valuation of the trees as determined by the City's selected arborist (See Page 5
of Attachment 5, Dublin Municipal Code § 5..60.100.). The cash bond or other security shall be retained
for a reasonable Period .of time following the occupancy of the residence, not to exceed one year. The
cash bond or security is to be released upon satisfaction of the DireCtor of Community Development. that
the Heritage Trees have not been endangered. The cash bond or security deposit shall be forfeited as a
civil penalty for any unauthorized removal or destruction of a Heritage Tree.
A recommended condition of approval would require a statement to be prepared and recorded on the title
of the subject property, with the Alameda County Recorders Office, which states that Heritage Trees are
located on the subject property and a Tree Protection Plan has been prepared and any damage to the trees
will result in penalties as required by the City's Heritage Tree Ordinance.
As a result of conditions established as part of the Tree Protection Plan and the subsequent mitigations
recommended by the consulting arborist (Mr. McNeil) incorporated into the conditions of apprOval and
the additional conditions of approval ensuring, to the greatest extent possible, the long-term protection of
the Heritage. Trees, Staff finds the proposed project is consistent with Condition. 16 and the Heritage Tree
.Ordinance. .~'.
Condltion 19. This condition requires the developer to confer with the local postal authorities to
determine the type of mail receptacles necessary, A condition of approval of this SDR will address this
issue. Staff finds this project consistent with Condition 19.
ENVIRONMENTAL REVIEW:
The environmental impacts of this project were addressed under the Negative Declaration prepared for the
PA 85-035 Hatfield Development Corporation Planned Development Rezone, Annexation and Site
Development Review of which the subject lots were a part. The Negative Declaration was prepared in
accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City
of Dublin Environmental Guidelines. ..
CONCLUSION:
The project is in conformity with the Dublin General Plan, City Council Resolution 82-85, the Zoning
Ordinance and the Heritage Tree Ordinance. The home is well sited and designed. Impacts to views will
be minimized,
RECOMMENDATION:
Open public hearing, receive Staff presentation and public testimony, question Staff, Applicant and thc
'public, close public hearing and adopt Resolution (Attachment 1) approving the Site Development
Review, subject to the conditions listed.
5
GENERAL INFORMATION:
APPLICANT/
PROPERTY OWNER: Alexander Loukianoff
12 Kirk Court
Alamo, CA 94507
LOCATION/ASSESSORS
PARCEL NUMBER:
11299 Rolling Hills Drive
941-2775-030
EXISTING ZONING: R-1
GENERAL PLAN
DESIGNATION: Skagle Family Residential
CONIUII~'~[JiO ~ IL'BOll,
12 Kirk Court '
Alamo, CA 94507
SUBJECT: Effects of proposed construction on existing trees at 11299 RoBing Hills
l~ive, Dublin. You requested that I review thc drawing you furnished, and
provide comments on construction impacts, if any, .and shy methods of
reducing any impacts. The attached site plan is a scan, at 20 scale, of one
provided to me by you.
Construction of the home, as shown, wi~ require substantial pruning, for clearance to
the building. This pruning is within the tolerance of the tree, ~s is expected
encroachment into the root zone. The pr, nlnS will, however, alter the form of the ~e
immediately against the house.
The lot is a"flag" lot, behind the adjseent home. About 25% of the sma of the lo~, to
-the eas~ is an extension of the pad graded f.or that home. At the west edge of the pad
the ~ reverts to the historic slope, about 2:1, with flatter or ~ variations.
About 25 feet from the top of the slope, and 35 feet fi-om the north property line is one
of t'~vo existing valley oaks on the site.
This onlc, numbered 353, by an aluminum tag, has tour thinks, diverging clos~ to the
ground, of 19.9, 18.?, 15.3, and 13.2 inch diameters, respectively. It's.health is
clmracterized as fair to good; annoy! shoot elongation, a measure of'vigor, is about three
inches all around. A highly vigorous valley oak might extend 12 inches per year.
However, the canopy is full, well
foliated, showing no si~ ofdee~ine.
The second valley oak, 20 feet
downslop~ and slightly north of#353
is generally outside the scope of' this
report.
The soil of the level pad, at au
elevation of about I 11 feet, is
com~ presumably the slope
extended to a higher elevation and
was t!~mcated at pad level. The soil ~,,~ ~. ~sU~csp0m ~ ~ at~ am~.
on the slope outside the extension of~ ua~s a m ~ s~cs ~ atam~ so~ a~ vem~o ~ ~ mm
the tree canopy is exposed, and ~ ~ rms ~ us
11299 Rolling Hills Dr
compact in feel. The soil within the tree canopies is deeply covered by natural mulch,
years of fallen debris from the trees, and is very so~ easily penetrable, a good habitat
for roots.
Some of this soil has sloughed downslope against the uxmks of the trees. Particularly,
· 'there is slight fill against the uphill side of tree #353, and there appears to be a slight
raise in grade all around the second oak. This soil should be removed, as we discussed,
to expose the tops of buttressing mots, to a distance sufficient to discourage soil from
immediately falling against the trees again.
Tree canopy spread to the South and east was measured, and found to be consistent with
that shown on the attached drawing.
CONSTRUCTION
Most of the proposed home will be constructed on the slope south and slightly east of
tree 353. A conventional stepped foUndation will be utilized. Grading is not expected
outside the building footprint on the norfll side, where it might affect the tree. As noted
above the soil on the slope where the house will be located is relatively bare, facing to
the WSW,.where it receives direct
afternoon sun, and appears to not to
provide the habitat ideally colonized by
oak roots.
~ Some oak roots may occupy this zone,
but is appears fundamentally hostile,
· inconsistent with the environment
preferred by the trees. It is much more
likely that a high proportion of the oak
roots will be found where the soil is
looser, and there is more organic matter,
under the tree canopies.
The closest approach of the building to
the tree is a "popout" section, almost 15
feet long, that extends to within about 18
½ feet of the center of tree 373. This
will encroach about four to five feet
within the tree canopy. Downslope, a
ten foot wide deck will extend about
seven feet into the canopy.
Conventional foundation will support the
popout section, while the deck will be
built on piers.
Joseph McNeil Jnnunry 13, 2004
should eXPect
oumidc ~c fo~fion
become ~mp~ted
d~g
~e~ is not pmcfic~
way to avoid ~s.
Access to move
ma~fi~ ~o~d ~e
house, ~d ~sh ~e
repeat~ w~!king.
Therefor, a
~m~ ~ne of
ene~ent ~11
ex.nd fo~ f~t Closer s m~H z ~a ~ ~ ·
~O~g ~C C~FC ~0~ ~is limb', may ~uire minor = mawr ~ning, but s~ n~ have to ~ r~ ~y. ~e y~ a~w
~ign~ ~ely ~e a~ where limbs ~ 4, 3 %, and 2 % in~ dia~ wi~ h~e to ~ ~ov~ br
side. ~e deck should ~h~. .
~mve liffie effect on
· e r~t zone. On ~e up~ll Side it is ~in six ~ches or a foot of ~e s~e~ ~d ~11
be a~ut fo~ f~t elev~' on ~e do~ll side' It ~11 ~ pemeable, ~d when
~mple~ shodd ~ve a m~ eff~t on ~e roo~.
I ~dersmd ~at the city of Dublin requires clem~ of five feet be~n ~e buil~ng
~d ~e ~. ~ng will Mve mom ~p~t on ~e ~e. ~ encro~ent over the mot
system, in my option. ~e p~ng necess~ to ~eve fiVe feet °fclmm is quite
subs~ti~ on the mu~t si~ of ~e ~, ~ou~ it rep~sents a ~ofi~ of ~e
. foliage ove~l. Sillily, b~ause limbs on ~e sou~ side of the ~ee ~h ne~ly to the
~°md, subsmfid p~ Mll ~m be requi~ for he~m over ~e deck. Limbs to
six hch di~eter ~d larger mint be remov~ ~m ~e ~. (See Fi~ 3)
~AGEME~ OF ~ACTS
~em ~11 ~ a m~erme ove~l imp~t to ~e ~e ~om mm~ction ~ pro~s~.
Inj~ m ~e r~t system, ove~l, is ex~ted to be slier. Most rooB shoed be
ex~ to i~bit ~e hospitable zone ~der ~e ~ee e~opies. Root l~afion c~ot
pre~ct~ ~mtely, ~d w~le it is ~ssible ~at roots from ~e ~e exist on ~e slope
~d~ ~e pro~d b~lding foo¢fin~ it should be ~membered ~t ~s slo~ is
physi~ly h~d, f~es di~cfly ~ ~e sm~/f~l ~moon s~, ~d is prone to
desi~afion. I wo~d not e~t l~mion of ~e home over ~s ~ea to ~atly imp~t
mo~ from ~e ~. I comider ~e encmac~ent ~to ~e more favOrable root zone
~der ~e ~opy to ~ relatively ~or. However, it ~11 ~ impo~t m limit ~y
~fi~ to ~thin fo~ f~ of ~e ho~.
Joseph McNeil January 13. 2004
Loukia~offTr~Coastm~tion R~t P~g~ 4
Pruning will visibly change the tree canopy against the house. Pruning also constitutes
physical injury, as food producing organs (leaves) are lost and mechanical openings are
created, at each of which the tree must expend energy to resist invading decay
organisms.
The combination of root and branch injury is within the capacity of the tree to tolerate,
in my opinion, although less encroachment would be desirable, in this case largely
because it would reduce the necessary priming. Tolerance of the tree to this injury is
highly dependent upon adherence to the guidelines below, which will prevent or
mitigate unnecessary injury.
Damage to trees may occur directly, from mechanical injury to roots, trunks or limbs, or
more indirectly, if soil characteristics, such as density, soil atmosphere or moisture
content are altered. Manifestations of these injuries may occur immediately, or may be
delayed for a number of years, resulting in progressive decline. Several strategies may
assist in reducing impact to this tree:
· Fencing. Many tree roots on most sites may be in the top 18 inches of soil, a
zone which is easily altered by even minor grading, trenching, or material
storage. Such alterations may occur at any time' during construction activities,
even from foot traffic. Soil may become compacted, soil oxygen may then
become easily depleted, drainage patterns upon which trees have become
dependent may be altered, so that trees become drought stressed. A protected
zone must be established.
Install sturdy temporar7 five foot chain link fence, on driven posts, four feet
away from the side of the stepped foundation on the northwest side of the house,
and to the edge of the foliar canopy along the existing pad, at the top of slope.
This fencing should be in place at the beginning of layout, and should stay in
place throughout construction, including exterior finish. It will be necessary to
move it near end of construction, to build the deck. Be sure that all contractors
and subcontractors understand the purpose and importance of the fence.
Mulch. Existing natural surface mulch under the tree appears adequate at this
time. Mulch serves a number of beneficial functions, including moderating
temperature, retaining moisture, and fostering an environment of interrelated
fungi, bacteria, small arthropods and worms, where roots find the moisture,
nutrients and oxygen they need to thrive. When construction is complete the soil
between the building and the fence will have become compacted. Apply five
inches of chipping debris'from a tree service over this area (not immediately
against the house) and retain it there. The area inside the fence should be re-
evaluated at that time for the need for supplemental mulch.
Joseph McNeil January 13, 2004
Loukianoff Tree/Conslruction Rc'pol~ P~
11299 Rollin§ Hills Dr
- · Irrigation. Native oaks are not compatible with heavy irrigation, but do appreciate
some_ supplemental irrigation during the dry season. It 0ertainly would be
beneficial for a tree recovering from construction trauma. This irrigation could be
three applications, every six weeks, starting about six weeks after the last soaking
rain in the late spring.
I suggest a soaker hose from the top comer of the proposed popout section of the
house, about 20 feet north along the slope, allowed, to run for four-six hours, then
repeated six-eight feet down hill. A third application, again four-six hours, could
be made about six feet downhill of tree 353, unless water is observed at the surface,
from previous uphill irrigation.
Landscape. I suggest no landscaping under these trees for a period of three years
aRer construction. If you wish to landscape later this should be with plants of
similar cultural requirements to the oaks. The California Oak Foundation has a
booklet, for purchase, with valuable landscaping irrigation.I Any plants installed
should be irrigated by drip irrigation only.
Drainage. Drainage from the yard, patios, walks, Or house should not be directed so
that it flows' into the root zone, particularly close to the tree trunks.
· Material disposal. Be sure that contractors understand not to wash out paint
buckets, concrete or stucco mixers, or other containers, or dispose of other soluble
or liquid debris within or above the root systems of either tree.
· All pruning should be done by a Certified Arborist2 or Certified Treeworker. I can
refer you to compliant companies, if you wish. No pruning should occur ether than
removal of dead limbs and that necessary for building clearance.
Further questions may arise regarding this project. Please contact me if they do.
SinCerer,
il
Certified Arborist #WC0102
Registered Consulting Arborist #299, ASCA
ConWactors Lie. g482248 (Tree service C-61 D-49, Landscaping C-27, inactive)
~ Comvatible Plants Under and Around Oak!, California Oak Foundation, 1212 Broadway, Suite 810,
Oakland, CA 94612, (510)763-0232)
2 The International Society ofArboriculture admin/sters a voluntary certification program. Certified
Arborists are listed at http://www.isa.arbor.¢om/arboristslarbsearch.html ! ~Treeworker certification
(a less stringent certification) is currently performed by the Western Chapter of the ISA. Lists are
available from WCISA, P.O. Box 255155, Sacramento, CA 95865
Jo~'ph McNeil January 13, 2004
SCALE, 1" = 20'
/ //
30" OAK "'
/ / /
P. ETAINtNG WALL /
!
/ ~ DR~WAY t~
February 2, 2004
Mr. Alex Loukianoff
12 Kirk Court
Alame, CA 94507
Subject: Peer review
Joseph McNeil's Arborist Report
Dear Mr. Loukaino~
You requested that I conduct a peer review of the Arborist Report prepared by Joseph
McNeil, Consulting Arborist. The Arborist Report'focused on the impacts of
construction of a new home at 11299 Rolling Hills Drive in Dublin.
I based my review on the Arborist Report from Mr. McNeil dated January 12, 2004,
which you provided via electronic mail on January 5, 2004.
I visited the site with you on August 18, 2003 to assess tree protection required for your
proposed project at that time. t also evaluated the valley oak (Ouercus Iobata), tree
#353, referred to in Mr. McNeirs report. In addition, HortScience, Inc. prepared a ...
Heritage tree protection plan for Black Mountain Development in February, 2001, which
included an assessment of tree #353. This letter summarizes thy comments and review.
Observations
I concur with Mr. McNeil's assessment of
the tree's condition as fair to. good. In the
Heritage tree protection report
(HortScienoe, 2001 ) tree ~353 was rated
in 'good condition. Its condition has
changed little since 2001 (see photo).
The site plan in Mr. McNeil's report
showed tree ~Y353 approximately 18' from
the proposed 'pop-out", and about 17'
from the proposed deck. The dripline
extended about 5' over both the "pop-out"
and proposed deck. The canopy on the
south sideof tree #353 extended to within
2'-3' above existing grade.
Tree #353'in good condition with a full crown
Mr. McNeil recommended removal of the soil as photographed on August 18, 2003.
that has sloughed downslope and built up ·
around the trunk of tree #353. I agree.
Letter to Alex Loukianoff HodScience, Inc.
Peer review, Joseph McNeil Page 2
Evaluation of Impacts
I concur with Mr. McNeil that there will be limited impact to the tree'S root system from the
construction of the house and deck as the design is presented. The 4' "temporary zone
of encroachment" that will result fn3m foot traffic to construct the north side of the home
will have some impact on the roots of the tree, As suggested by Mr. McNeil this condition
can be improved by the placement of mulch in this area after the project is complete.
The pruning of several limbs from' 2" to 7" to provide construction clearance w[ll likely
constitute a greater stress for the tree than impacts to the roots. I agree with Mr. McNeil
that the stress related to the construction and pruning is within the tolerances of the tree,
assuming the guidelines he provided are followed.
Mr. McNeil's guidelines for managing construction impacts are both sound and
comprehensive. The sections outfining irr!gation, drainage and landscaping requirements
for native oaks are especially important.
Summary and Recommendations
In summary, my assessment of tree condition, impacts, and recommendations concur
with Mr. McNeil's.
I also recommend the following:
1. Prune the tree after the foundation lines for the house and deck are. marked on
the ground to provide a visual guide for the limit of clearance pruning. This will
limit the need for repeated pruning.
2.Remove existing sloughed soil from around the trunk, of tree #353 to a distance
of 5'. Monitor annually so the condition does not reoccur,
3. The tree should be inspected annually to monitor health and structural stability.
Thank you for the opportunity to preparethis review. Please feel free to contact me with
any questions regarding my observations or assessment.
Sincerely,
Michael Santos
Certified Arborist
ChapterS.60
HERITAGE TREES
Sections:
5.60.0i0 Title.
5.60.020 Purpose and intent.
5.60.030 Applicability.
5.60.040 Definitions.
5.60.050 Tree removal permit required.
5.60.060 Tree removal permit procedure.
5.60.070 Appeals.
5.60.080 Protection of heritage trees during construction,
5.60.090 Protection plan required prior to issuance of permit.
5.60.100 Applicant to guarantee protection--Security
deposit. ' ~{t[[ 0~4 ~J
5.60.110 Public utilities.
~ ~'~ Violation--Penalty.
5.60.010 Title.
This chapter shall be known as "the Heritage Tree Ordinance."
(Ord. 5-02 § 2 (pad): Ord. 29-99 § 1 (part))
5.60.020 Purpose and intent.
This chapter is adopted because the city has many heritage
trees, the preservation of which is beneficial to the health and
welfare of the citizens of this city in order to enhance the scenic
beauty, increase property values, encourage quality development,
prevent soil erosion, protect against flood hazards and the risk of
landslides, counteract pollution in the air, and maintain the climatic
balance within the city. For these reasons the city finds it is in the
public interest, convenience, necessity and welfare to establish
regulations controlling the removal of and the preservation of
heritage trees within the city. In establishing these regulations, it is
the city's intent to preserve as many heritage trees as possible
consistent with the reasonable use and enjoyment of private
property. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
5.60.030 Applicability.
This chapter applies to all property within the city of DUblin,
including p. dvate property, residential and nonresidential zones,
developed and undeveloped land. (Ord. 5-02 § 2 (part):-Ord. 29-99
§ 1 (part))
5.60.040 DefinitionS.
The following words and phrases, whenever used in this chapter,
shall be as construed as defined in this section:
"Certified or consulting arborist" means an arborist who is
registered with the International Society of Arboriculture and
approved by the Director,
'City" means the city of Dublin.
"Development" means any improvement of real property which
requires the approval of zoning, subdivision, conditional use
permits or site development review permits.
"Director" means the Community Development Director or his or
her designee.
"Drip line" means a line drawn on the ground around a tree
directly under its outermost branch tips and which identifies that
location where rainwater tends to drop from the tree.
"Effectively remove" includes, but is not limited to, any extreme
pruning that is not COnsistent with standards arboriculture practices
for a healthy heritage tree and that results in the tree's permanent
disfigurement, destruction, or removal ordered by the city pursuant
to Section 5.60.050(B)(2).
"Heritage tree" means any of the following:
1. Any oak, bay, cypress, maple, redwood, buckeye and
sycamore tree having a trunk or main stem of twenty-four (24)
inches or more in diameter measured at four (4) feet six (6) inches
above natural grade;
2. A tree required to be preserved as part of an approved
development plan, zoning permit, use permit, site development
review or subdivision map;
3. A tree required to' be planted as a replacement for an
unlawfully removed tree.
"Protect" means the protection of an existing tree from damage
and stress such that the tree is likely to survive and continue to
grow normally in a healthy condition, through measures that avoid
or minimize damage to branches, canopy, trunk and roots of the
tree. Such measures may include, but are not limited to, installation
of tree protective fencing, mulching and watering of roots,
supervision of work by an arborist, installation of aeration or
drainage systems, root pruning, and use of' nondestructive
excavation techniques~
"Remove" or ,removal" means cutting a tree to the ground,
extraction of a tree, or killing of a tree by spraying, girdling, or any
other means. (Ord. 5-02 §'2 (part): Ord, 29-99 § 1 (part))
$.60.050 Tree removal permit required.
A. No person may remove, cause to be removed, or effectively
remove any heritage tree from any property within the city of Dublin
without obtaining a permit from the Director.
B. Exceptions. A permit is not required for the following:
1..Removal of a heritage tree that presents an immediate hazard
to life or property, with the approval of the Director, City Engineer,
Police Chief, Fire Chief or their designee;
2. Removal that is specifically approved as pa~ of a city-
approved planned development development plan, conditional use
permit, site development review, or subdivision map;
3. Pruning of heritage trees that conforms with the guidelines of
the International Society of Arboriculture, Tree Pruning Guidelines,.
current edition, on file in the Community Development Department.
C. Tree. removal requested as part of the development of a
property subject to zoning, subdivision, .conditional use perm. it, or
site development review application approval shall be reviewed and
approved by the body having final authority over the entitlement
application. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
8.60.060 Tree removal permit procedure.
A. Any person wishing to remove one or more heritage trees
shall apply to the Director for a permit. The application for a permit
shall be made on forms provided by the Community Development
Department and Shall include the following:
1. A drawing showing ali existing trees and the location, type and
size of all tree(s) proposed to be removed;
2. A brief statement of the reason for removal;
3. If the tree or trees are proposed for removal because of their
condition, a certified arborist's determination of the state of health
of the heritage trees may be required;
4. Written consent of the owner of record of the land on which
the tree(s) are proposed to be removed;
5. A tree removal permit fee of twenty-five dollars ($25) to cover
· the cost of permit administration. An additional .deposit may be
required by the Director to retain a certified arborist to assist the city
in assessing the condition of the trees;
6. Other pertinent information as required by the Director.
B. Tree removal requested' in conjunction with an application for
any development entitlements shall provide to the Community
Development Department a landscaping plan specifying the precise
location, size, species and drip-line of all existing trees on or in the
vicinity of the property. The landscape plan Shall also show existing
and Proposed grades and the location of proposed and existing
structures.
C. The Director shall inspect the property and evaluate each
application. In deciding whether to issue a permit, the Director shall
base the decision on the following criteria:
1. The condition of the tree or trees with respect to health,
imminent danger of falling, proximity to existing or proposed
structures and interference with utility services or public works
projects;
2. The necessity to remove the tree or trees for reasonable
development of the property;
3. The topograPhy of the land and the effect of the removal of
the tree on erosion, soil retention and diversion or increased flow of
stream waters;
4. The number of trees existing in the neighborhood and the
effect the removal would have upon shade, privacy impact, scenic
beauty and the general welfare of the city as a whole.
D. The Director shall render a decision regarding the permit
within ten (10) working days after the receipt of a complete
application.
E. if an application to remove a heritage tree is being requested
in conjunction with a development entitlement, then the decision on
the tree removal permit shall be rendered simultaneously with the
decision on the development entitlement and shall be made by the
body hav. ing final authority over the entitlement application. In
deciding whether to approve a tree removal permit under this
subsection, the reviewing body shall consider the criteria set forth in
subsection C of this section.
F. The Director may refer any application to any city department
for review and recommendation.
G..The Director or the reviewing body having final authority over
the development may grant or deny the application or grant the
application with conditions, including the condition that one (1) or
more replacement trees be planted of a designated species, size
and location. (Ord. 5-02 § 2 (part): Ord. 29-99 § I (part))
5.60.070 Appeals,
A. Any decision of the Director, pursuant to this chapter, may be
appealed to the City Council. Appeals shall be in writing, shall be
signed by the applicant, shall state the reasons the appeal is made,
and be filed with the City Clerk within fourteen (14) days of wdtten
notification of the decision by the Director. Any appeal shall be
accompanied by an appeal fee in the amount established by
resolution of the City Council.
B. The City Clerk shall place all such appeals on the agenda of
the next regular Council meeting and shall give the appellant at
least five (5) calendar days' notice of .the time and place of said
hearing. Appeals shall be conducted in accordance with the
procedures set forth in Section 1.04.050 of this code. The decision
of the City Council shall be final. (Ord. 5-02 § 2 (part): Ord. 29-99
§ 1 (part))
5.60.080 Protection of'heritage trees during construction.
All applicants for demolition, grading, or building permits on
property containing one or more heritage trees shall prepare a tree
protection plan pursuant to Section 5.60.090. (Ord. 5-02 § 2 (part):
Ord. 29-99 § 1 (part))
5,60.090 Protection plan required prior to issuance of permit,
A. A plan to protect heritage trees as described in Section
.5.60.080 of this chapter shall be submitted to the Director prior to
the issuance of demolition, grading or building permits. The plan
shall ensure that the tree, including its root system, is adequatelY
protected from potential harm during demolition, grading and
construction that could cause damage to the heritage tree. Such
harm may include excavation and trenching, construction and
chemical materials storage, stormwater runoff and erosion, and soil
compaction. The plan shall be prepared and signed by a certified
arborist and approved by the Director. The Director may refer the
plan to a city-selected arborist for review and recommendation. The
cost of this review shall be borne by the developer/applicant
requesting said permit.
B. The Director may require that a certified a~orist be present
on the project site during grading or other construction activity that
may impact the health of the tree(s) to be preserved.
C. Damage to any tree during construction shall be immediately
reported to the Director so that ProPer treatment may be
administered. The Director may~refer to a city-selected arborist to
determine the appropriate method of repair for any damage. The
cost of any treatment or repair shall be borne by the
developer/applicant responsible for the development of the project.
Failure to notify the Director may result in the issuance of a stop
work order.
D. The Director may waive the requirement for a tree protection
plan if he or she determines that the grading or construction activity
is minor in nature and that the proposed activity will not significantlY
modify the ground area within or immediately surrounding the drip-
line of the tree(s). (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
5.60.100 Applicant to guarantee protection---Security deposit.
A. The applicant shall guarantee the protection of the existing
tree(s) on the site not approved for removal through placement of a
cash bond or other security deposit in the amount based upon the
valuation of the trees acceptable to the Director. The Director may
refer to a city-selected arborist to estimate the value of the tree(s) in
accordance w~th industry standards.
B. The cash bond or other security shall be retained for a
reasonable period of time following the acceptance of the public
improvements for the development, not to exceed one (1) year..The
cash bond or security is to be released upon the satisfaction of the
Director that the tree(s) to be preserved have not been
endangered. The cash bond or secudty deposit .shall be forfeited as
a civil penalty for any unauthorized removal or destruction of a
heritage tree. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
5.60.110 Public utilities.
Any public utility installing or maintaining any overhead wires or
underground pipes or conduits in the vicinity of a heritage tree shall
obtain permission from the Director before performing any work
which may cause injury to the heritage tree. The Director shall
provide all water, sewer, electrical and gas utilities operating within
'the city with a copy of this chapter. (Ord. 5-02 § 2 (part): Ord. 29-99'
§ I (part))
5.60.120 Violation--Penalty.
A. Any person who unlawfully removes, destroys or damages a
heritage tree shall pay a civil penalty equal to twice the amount of
the appraised value of the tree. A city-selected arborist shall
estimate the replacement value of the lost tree(s) in accordance
with industry standards. The penalty shall include the city's costs
incurred in performing the appraisal.
B. Any person violating any portion of this chapter that results in
the loss of a heritage tree, shall be required to replace said tree
with a new tree and/or additional plantings; of the same species.
The Director shall determine the size and location of replacement
tree(s). The Director may refer to the recommendation of a city-
selected arbodst. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
October 8, 2003
Planning Commission
City Of Dublin
Dear Members:
My intention with the purchase of the lot at 11299.Roiling H{Ils Drive, Dublin, CA is to
build a Single Family Residence that would compliment and add character to the
neighborhood and reside in Dublin: CA eventually raising my family.
The design of the home is a Monterey style home. It is two stories and approximately
2,900 square feet. It.will have 3 bedrooms, 2 ½ baths with a den, dining room, family
room, living room and kitchen along with a 2-car garage. Being that this is a mostly
sloping downhill flag lot, I have taken C°nsideration for my neighbors. From street leveI,
the design of the home appears one story, hastead of building up and taking site lines
away from my neighbors I am building down, remaining eo~,ni?ant of the height
limitations implemented by the city. Having a Heritage Oak on the property, I designed
the home to vninjmize the impact on the tr~. The drainage easement on the south side of
the lot con~es the location of the. house.
I looked long and hard in finding the fight area to build.and potentially raise a family and
decided on Dublin, California for the purchase of this lot due to its very good school
system, its long history, quality of life and the proximity (via BART) to my office in San
Francisco.
I look forward to being and active member wit_h~n the community once my residence is
constructed.
Very truly yova%
11299 Rolling Hills Drive
Dublin, CA 94568-3524 P~_~ ~---~,~i/~ Sl~t
925-216-7656 ~bba~~ V
correspondence / ~d.ling addre,~:
12 Kirk Court
Alamo, CA 9450'7 RECEIVED
n~T 1 3 ZOO3
OUBCIN p~NIN6
Cm. Fasulkey suggested a condition that the courtYard entrance be open to foot traffi-~. H~~' CO°
called for a motion.
On motior~ by Cm. Machtmes with an amendment to the conditions to req~re an entrance at
Amador Valley and Village Parkway to be open for business and an entrance'at the south end o£
Village Parkway to be accessible for pedestrian access, seconded by Cm. Fasulkey, by a 2.-1-2
vote with Cm. King voting no and Cm. Nassar and Jennings absent the Planning Commission
approved
RESOLUTION NO. 04 - 40
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT FOR AMENDMENTS TO PLANNED
DEVELOPMENT PA 98-049, SITE.DEVELOPMENT REVlEW AND MASTER SIGN
PROGRAM FOR ROBERT ENEA OFFICE AND RETAIL CENTERS
LOCATED AT 7197 VILLAGE PARKWAY, PA 03..069
RESOLUTION NO. 04 - 41
A RESOLUTION O1~ THE PLANNING COMMISSION
APPROVING TENTATIVE PARCEL MAP 8407 FOR ROBERT ENEA OFFICE AND RETAIL
CENTERS LOCATED AT 7197 VILLAGE PARKWAY, PA 03-069
8A PA 03-040 Loukianoff Single Family House- Site Development Review for a new single
family home on art exisl~ng lot at 11299 Rolling Hills Drive, also known as Lot 1 of Tract
5073.
Cra. Fasulkey opened the public hearing and asked for the staff report.
Andy Byde, Senior Planner presented the staff report and advised the Planning Commission
t_his is a Site Development Review for a new single-family home on an existing lot at 11299
Rolling HiIls Drive, created by Tract Map 5073. The single-family residence is proposed to. be
2,954 square feet in size with a garage that is 587 square feet in size. On August 12, 1985, the
City Council approved PA 85-035.3 (ResOlution 82-85), Hatfield Development CorpOration, Inc.
Tract Maps 5072, 5073 and 5074. LoG 1 and 7 - 12 of Block 1 of Tract Map 5073 were not built
upon when the rest of the homes were built in 1985. Lot 1 is the location of the subject property.
City Council Resolution 82-85 set forth the conditions of approval for the three tract maps.
Conditions 4 and 12 of that resolution require that a Site Development Review be processed for
the development of these lots.
The home on Lot 1 that was approved by the City Council as part of the Brittany Lane/Black
Mountain DeveloPment was 3,400 square feet of living space and had a 640 square foot garage
(see Attachment 6 for copies of the previously approved site plan and floor plans. The
previously approved residence had the following setbacks from property lines: front 28 feet;
side 17 feet; side 57.5 feet; and rear 43 feet. L-~ addition, the approved residence on Lot 1 was
shown with a 5-foot setback to the existing Valley Oak, Tree No. 353 as described b~' t~e B~(ck ~ [
Mountain Heritage Tree ProtectiOn Plan.
Lot I is a "flag". lot that is 21,328 square feet in size. Access to the lot is provided via a fee title
strip of land extending to Rolling I-Iills Drive. The eastern one-third portion of the lot is
relatively flat, while the remaining two-Lhirds of the lot steeply drops off with a 30-50% slope.
The southern portion of the lot contains an existing Common Area Storm Drain Easement that
extends across the entire southern.portion of the property. The Easemem was granted to the
Silvergate Highlands Owners Association by the original developer. Based upon a field review
by the Public Works Staff, the existing Easement does not contain any pipes or other shmctures
to convey storm water.
The site plan approved as part of the Brittany Lane/Black Mountain Site Development Review
showed the distance between drip-line of Tree No. 353, located on the northern portion of the
properh/and the Easemen~ on the southern portion of [he property, to be 68 feet.
In April 2002, during the review of the grading plan for the seven lots, Staff determined that the
approved location of residence on Lot 1 conflicted with Tree No. 353. Specifically, the location
· of the tree was between 12 feet and 20 feet beyond the location shown on ,he site plan the City
Council approved as par~ of the Britt-any Lane/Black Mounfain Site Development Review.
In March of 2003, the Developer of Brittany Lane/Black Mountain transferred interest to Lot 1
to Alexander Loukianoff. As a result of the information provided by the new Applicant's
designer, the distance between the Easement and the drip line of Tree No. 353 is approximately
47 feet. This limited distance significantly constrains the lot. In order to contend with fhis
limited 'dimension, the Applicant is proposing the'residence to encroach into the tree canopy,
thereby necessitating trimming of the tree.
The 2,954 square foot home would complement the architecharal qualify of the surrounding
neighborhood. The residence is sited on the lot to minimize grading and impacts to views.
The Applicant is proposing the residence encroach into the drip line of Tree No. 353 between 4
and 5 feet for the pop out of the kitchen and 7 feet for the lower level deck. The Applicant's
Arborist, Joseph McNeil, has reviewed the proposed h4mming of Tree No. 353. Mr. McNeil
determined that the proposed encroachment is within the capacity of the tree to tolerate. The
conclusions reached by Mr. McNeil were then peer-reviewed by Michael Santos of HortOcience,
the same fixm that prepared the original Tree Protection Plan for Bri~any Lane/Black Mountain
Site Development Review. After reviewing the plans and lVtt. McNefl's report, Mt. Santos
concurred with consulting arborist's conclusions. Sf,~ff has reviewed the site plan, the
accompanying le~er from the consulting arborist and the peer review of the consulting arborist
report. Staff concurs with the proposed limited encroachment of the residence into the canopy
of Tree No. 353 and the proposed trimming would be consistent with the Heritage Tree
Ordinance.
The project is in conformity with the Dublin General Plan, City Council Resolution 82-85, the.
Zoning Ordinance and the Heritage Tree Ordinance. The home is well sited and designed.
Impacts to views will be minimized. Staff recommends that the Planning Commission adopt
~annir~ Comra~ion ~da.~ 11, 2004
PP11ular g~eetin~
Resolution approving the Site Development Review, subject to the conditions listed and with a
small change to Condition 18 for the last sentence to read for work on Saturdays and Sundays.
Overtime inspection rate wilt apply for all after hour Saturday and Sunday work. He concluded his
presentation.
Cm. Fasulkey asked Staff if the original house was 3,600 sq.ff, as it was approved.
Mr. Byde stated it was 3,400 sq.ff, with an additional 200 SCl.ff. larger garage.
Cm. Fasulkey asked the current living space.
Mr.'Byde responded it is 2,950 with 550 for garage.
Crn, King asked the size of the homes fronting Rolling Hills.
Mr. Byde stated approximately 2,700 to 3,300 sq.ff.
Cm. King asked the purpose of no construction five feet from the drip line requirement.
Mr. Byde stated it is typically; where the most sensitive root development is located.
Cm. King asked if the soil for this site is different than the soil for the Black Mountain lots.
Mr. Byde stated the other lots are very steep not allowing the soil to become compacted around
the root. system. When walking along those lots, your feet typically sink into the soil, which' is
Where a healthy root system will thrive. Lot 1 is different because it is a flat graded pad on that
portion which extends just beyond that drip line. The arborist determined that the compacted
soft is not best suited for root development. This area is the location of the propOsed residence..
Cm. King asked how the ~oll got compacted.
Mr. Byde stated probably from being driven on it. There was probably soil distributed there.
during the original subdivision improvements.
Cm. King asked'if that would of harmed the tree.
Mr. Byde stated it was not the best for the tree. However, impacting a small area of the roots is
not going to damage the tree.
Cm. Fasulkey asked ff there were any questions for Staff; hearing none he asked if the Applicant
was available.
Alexander Loukian°ff, Owner stated his intention for purchasing that lot was to build a single
family residence that would compliment the area. He has taken into consideration his
neighbors and at street level it looks like a single story home. They worked with staff to address
the issue and worked with an arborist to minimize the impacts to that tree.
Cm. Fasulkey asked where does he currently live. .. ..
P[anninl] Commttsion 99 ~14a. y 11, 2004
PPil~lar S~4eeting
Mr. Loukianoff responded Alamo.
Cm. King asked if the homeowners association has approved the plan.
Mr. Loukanoff said there has been no conflict with the homeowners association.
Cm. Fasulkey asked ff there were any members of the public that Wished to address the
Planning Commission.
Mr. Bewley stated he lives on Brittany'Lane and must point out some issues related to the lot.
He stated verbatim - when the first developer bought this property, the issue on the trees with
the location and the drawing of the trees, the actual survey for tree in relationship t9 the homes
they had an error that they contested on either lots. I'm going to tell it straight as matter of
public record in particular lot eight which is one of the other lots and I presume lot one because
it is consistent, we can show an absolute fraud of the developer at that time. We have pictures
of lines where they had actually done acomplete drawing and a complete survey marked with
stakes into the trees where they knew where the drip line was. They had done a field land
survey, in it was an error. We got into a big battle - I'll withdraw fraud and cai1 it very
unprofessional. Maybe they made a mistake, but let me tell you it was done by a land survey to
the inch. All of a sudden the drawings showed different - reason apparently they used an aerial
photograph, the shadow on the trees cast a different way there was an inconsistency. This was
a highly contested issue on lots 8 and 9. Lot 1 was part of the process because it had the tree. At
the time the original developer was insistent in to the trees and we got into a real fight of the
interpretation of resolution 81-85 which of course had the provision that you had to go 25 feet
from the drip line. The Applicant proposed into the~ tree quite far on lot 8 and 9. They were
going to cut so'far into the tree that we determined they were not acting in good faith. They had
a very long and lengthy appeal. We got another arborist report, which completely contradicted
theJz report and s~ated it would kill the tree.
Cm. Fasulkey stated to try and stay focused on the project.
Mr. Bewley said there is a lot o£ history and that you need to know the history. As a result of a
compromise, a house went closer to the street'and 13 feet from the curb. The Council admitted
it was a mistake. Why did it go to 13 feet is because of the trees including this tree on lot 1. In a
resolution of Feb. 20, 2001, they had provision that stated No structure shall encroach within 5feet
of the drip line ora heritage tree. They shall have a tree protection zone be established at the drip line and'
~o grading, excavation, construction or storage of materials shall occur within this zone.
The Council held so firmly to that - they allowed a house 13 feet from the curb and that was a
bad decision but it showeffhow important they held the drip line of the trees at that time.
Currently lot 8 - relevant to lot 1 is going to be before the Commission, they cannot be within 5
feet of the drip line of the tree. There are new standards and new te~ts, and it is not five feet
from'the drip line of the tree. The new test is that there is a tree protection zone, redefined for
this lot. It is defined as - an area completely surrounded around those trees to the satisfaction
of the City's arborist. New test- new standard.
~rttdttg Coranti~siott 100 ~,~a2/11, 2004
He stated that the planning Commission would have an issue with lot 8. The same "s'q~tcl~ i-d~q ~)Co~''
should be applied to lot 1 of five feet from the drip line.
Cm. King asked ff at one point the margin was 25 feet from the drip line.
Mr. Bewley stated that the original approval required an arborist report for Projects within 25
feet.
Cm. FaSUlkey asked if he is contesting this arborist report.
Mr. Bewley stated he is not trying to contest this arborist report but bring forth inconsistencies
that occurred .with the Black Mountain project.
Nick Loukiano/f stated he agrees with some of the things Mr. Bewley said. The information he
received from the seller was fraudulent. They were very upset by that. They are willing to
conform to the City's standards. They were aware that the tree was a major concern and hired
another arborist for a ~econd opinion. They were in agreement with the City.
Cm. Fasulkeyclosed the public hearing.
Cm. King stated he is sympathetic with the Applicants being misled by the Seller. What
concerns him is conflicting arborist opinions.
Cm. Fasulkey asked Mr. Byde if there are conflicting arborist opinions for this tree.
Mr. Byde said no there are no conflicting reports.
Cm. King said he does not believe there should be an exception to the Heritage Tree Ordinance.
He cannot approve at this time.
Cm. Machtmes said he is not uncomfortable with relying on the experts.
Cm. Fasulkey said there are no life threatening factors to the tree. He is inclined to vote for this
project. He is not impacting any of his neighbors with view corridors and they have a right to
build. He stated he does not have the heart to stop them building for five feet of space.
Cm. King appreciates the idea that the City has an arborist and he has expressed an opinion
about the tree and the Planning Commission should go along with it. He said there is '
something that does ~tot make sense on this. The 25-foot margin for the original properties and
the reduction of 5deer margin for the other properties was established because if you build over
the roots it will kill the tree. Here is a situation where the land is already compressed and the
tree is not dying.
Cm. l:asulkey stated that is not what the study is stating. The way the soil conditions were, the
tree grew in such a shape that there are no existing roots in the location of the proposed
residence. He asked for' Staff to clarify.
~rnnln~ Coramisdon I0I ~rff I 1, 2004
Mr. Byde said because of the ground and the compacted nature of the soil,
not and have not thrived in this location. The shape of the tree shows that
that direction. The five-foot setback was a general recommendation from the arborist to the
Brittany Lane project and is not found in the Heritage Tree Ordinance. In this situation specific
to this tree and residence, a setback less than five feet was determined to be appropriate by the
arborist.
Cm. Fasulkey asked for a motion.
On motion by Machtmes, seconded by Cm. Fasulkey, by a vote of 2-1-2, with Cm. King opposed
and Cm. Nassar and Jennings absent the Planning Commission approved
RESOLUTION NO. 04 - 43
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING PA 03-040 LOUKIANOFF SITE DEVELOPMENT REVIEW FOR A SINGLE-
FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE
Ms. Ram explained the City's appeal process.
8.5 PA 04-017 City-Initiated Accessory Stru~tre Amendment to Dublin Ranch Planned
Development Zoning Districts (Phase 1, Area, A and Area F North) to allow one 120
square foot accessory structure to be exempt from lot coverage requirements.
Cm. Fasulkey opened the public hearing and asked for the staff report.
Kristi Bascom, Associate Planner presented the staff report and explained that the City-initiated
arrtendment is based on Zoning/Code Enforcement problems. The current PD regulations
restrict those homes who are at their maximum lot coverage from putting anything else on the
site, proposal would allow homeowners one 120 square foot accessory structure to be exempt
from' lot coverage requirements.
In Dublin Ranch, many of the homes are already built at the maximum lot coverage allowed by
the Planned Development Zoning Districts. Since the maximum lot coverage has already been
reached, these homeowners are unable to construct an)~ additional square footage on their
property, including any accessory structures. The purpose of this amendment is to allow a
small amount of additional construction on constrained lots, and exempt one 120 square foot
accessory structure from the lot coverage requirements for the Planned Development Zoning
Districts. This will allow homeowners to build a small shed, gazebo, patio cover, or other
similar structure as long as all other requirements of the Dublin Municipal Code (including
minimum setbacks and maximum height) are met.
As a result of the size of. homes being built in the Dublin Ranch neighborhoods, irt most cases,
the house itself uses the maximum development potential of the lot and there is no room "left
over" for additional structures to be built within the lot coverage restrictions. This leaves
homeowners who wish to build an arbor, trellis, shed, gazebo, or other shade structure without
the square footage to do so. The City's Code Enforcement Officer is finding that a majority of
C[~anning Commission I02 Yffay II, 2004
~l~,~qalar ~eetin~
RESOLUTION NO. 04 - 43
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 03-040 LOUKIANOFF SITE DEVELOPMENT REVIEW FOR A SINGLE-
FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE
WHEREAS, Alexander Loukianoff has requested approval of a Site Development Review for a
single family home on an existing lot at 11299 Rolling Hills Drive; and
WHEREAS, a completed application for Site Development Review is available and on file in the
Dublin Planning Department; and
WHEREAS, The environmental impacts of this project were addressed under the Negative
Declaration. prepared for the PA 85-035 HatfieId Development Corporation Planned Development
Rezone, Annexation and Site Development Review of which the subject lots were a part. The Negative
Declaration was prepared in accordance .with the Calif°mia Environmental Quality Act (CEQA), State
CEQA Guidelines and the City of Dublin Environmental Guidelines.
WHEREAS, a Site' Development Review is required for this project by Conditions 4 and 12 of City
Council Resolution 82-85 approving PA 85-035.3, Hatfield Development Corporation Investec, Inc.; and
WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance; and
WHEREAS, the project is consistent in all respects with Dublin General Plan and Zoning
Ordinance; and
WHEREAS, the project is consistent in all respects with the conditions of approval of City Council
Resolution 82-85; and
WHEREAS, the Planning Commission did hold a public hearing on said application on May 11,
2004; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff report was submitted to the Planning Commission recommending approval of
the Site Development Review subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hear and use their independent judgement and
considered all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby make the following findings and determinations'regarding said proposed Site Development
Review:
A. The approval of this application (PA 03-040) is consistent with the inten~/purpose of
Section 8.104 (Site Development Review) of the Zoning Ordinance.
B. The approval of this application, as conditioned, complies with the p°licies of the General
Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82-
85.
C. The approval will not adversely affect the health or safety of persons residing or working
in the vicinity, or be dea'imental to the public health, safety and general welfare because all
applicable regulations will have been met.
D. Impacts to views have been addressed by sensitive design and siting of the proposed
single-family residence.
E. Impacts to existing slopes and topographic features are addressed in the project through the
use of pier and grade beams and by minimal grading.
F. The approval of this application, as conditioned, is in conformance with regional
transportation plans.
G. The approval of this application, as conditioned, is in the best interests of the public health,
safety and general weffare as the development is consistent with all laws and ordinances
and implements the requirements of the General Plan, the Zoning Ordinance, the Heritage
Tree Ordinance and City Council Resolution 82-85.
H. The proposed physical site development, including the intensity of development, site
layout, grading, vehicular access, circulation and parking, setbacks, height, walls, public
safety and similar elements, as conditioned, have been designed to provide a desirable
environment for the development.
I. Architectural considerations~ including *,he character, scale and qualits' of the design, the
architectural relationship with the site and, building materials and colors, 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 project
with the existing character of surrounding development.
J. 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.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin Planning Commission
does hereby find that:
A. The Loukianoff Site Development Review is consistent with the intent of applicable
subdivision regulations and related ordinances,
B. The design and improvements of the Loukianoff Site Development Review is consistent with
the Dublin .General Plan polices as they relate to the subject property in that it is a single-
family residential development consistent with the Single-Family Residential Designation of
the Dublin General Plan.
C. The Louki.'anoff Site Development Review is consistent with the Heritage Tree Ordinance,
City Council Resolution 82;.85 and with the City of Dublin Zoning Ordinance.
D. The home will be placed on a framework of deep-seated piers and grade beams. This will
minimize grading impacts. Functional padded exterior living areas are proposed in the front
yard, rear yard, and in raised deck areas. Therefore the site is physically suitable for the type
and intensity of a single-family residential unit. .
E. The environmental impacts of this project were addressed under the Negative Declaration
prepared for the PA 85-035 Haffield Development Corporation Planned Development Rezone,
Annexation and Site Development Review of which the subject lots were a part. The Negative
Declaration was prepared in' accordance with the California Environmental Quality Act
(CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin Planning
Commission hereby conditionally approves the Site Development Review Application for PA 03-040 to
construct a single family residence on Lot 1 of Block 1 Tract 5073 and further identified as Assessors
Parcel Number 9412775-030, and as generally depicted by materials labeled Attachment 2, stamped
"approved" .and on file in the City of Dublin Planning Department. This approval shall conform to the
project plans submitted by Nickolas A. Loukianoff, P.E., the Heritage Tree Protection Plan, unless
modified herein for this. project dated received December 4, 2000, and the report by Joesph McNeil,
consulting arborist dated january 12, 2004, on file in the Department of Community Development, unless
modified by the Conditions of Approval contained below.
CONDITIONS OF APPROVAL
Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of
any building and ~hall be subject to Planning Department review and approval. The following codes.
repr..e~nt those....., departments/a_~encies res~oonsible for.monitoring compliance with the Conditions of
Approval: [PM Plannin~ [BI Buiidin_~, [POI Police~ [PW] Public Works, [ADM] A...dministration/City
Attorney, [FIN] Finance, [PCS] Park-q and Community Services, [F] Alameda County Fire Dept., [DSR]
Dublin San Ramon Services District, [CO] Alameda County Flood Control and water Conservation
District Zone 7.
GENERAL CONDITIONS
1. Term. Pursuant to Section 8.96.020(D) (as amended) of the Zoning Ordinance, construction
shall commence within one (1) year of Site Development Review approval, or the Site
Development Review approval shall lapse and become null and void. Commencement of
construction means the actual construction pursuant to the Site Development Review approval, or,
demonstrating substantial progress toward commencing such construction. The original apProving
decision-maker may, upon the Applicant's written request for an extension of approval prior to
expiration, and upon the determination that any Conditions of Approval remain adequate to assure
that applicable findings of approval will continue to be met, grant a time extension of approval for
a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing
or public meeting shall be held as required by the particular Permit.
Responsible Agency: PL
Required By: On-going
2. Fees. ApplicantrDeveloper shall pay ali applicable fees in effect at the time of building permit
issuance, including, but not limited to, Building fees, Dublin San Ramon Services District Fees,
3
Public Facilities Fees, Dublin Unified School District School Impact fees, City Fire Impact fees;
Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection
fees; and any other fees as applicable.
Responsible Agency: Various
When Required: Various times, but no later than Issuance of Building Permits
3. Revocation. The SDR will be revocable for cause in accordance with Section 8.96.020.I of the
Dublin Zoning Ordinance. Any violation of the terms or conditions of this ,approval shall be
subject to citation.
Responsible Agency: PL
Required By: On-going
4. Required Permits. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance
and obtain all necessary permits required by other agencies (Alameda County Flood Control
District Zone 7, California Department of Fish and Oame, Army Corps of 'Engineers, Regional
Water Quality Control Board, State Water Quality Control Board, Etc.) and shall submit copies of
the permits to the Department of Public Works.
Responsible Agency: Various
When Required: Various times, but no later than Issuance of Building Permits
5. Building Codes and Ordinances. All project construction shall conform to all building codes and
ordinances in effect at the time of building permit.
Responsible Agency: Bldg.
When Required: Through Completion
6. Compliance. Applicant/Developer shall comply with the City of Dublin Zoning .Ordinance, City
~ CoUncil 'ResolUtion 82-85, the Tree Protection Plan for this project, the 7 recommendations listed
in'.th.' ~ page 4' and 5 of the January 12, 2004, report by Joseph McNeil, consulting arborist, and. the
i , ,~:~ additional (3) tree protection recommendations listed by. the FebrUary 2; 2004 report, by Michael
Santos.
Responsible Agency: PL
When Required: Issuance of Building Permits and On-going
7. Solid WastefReeycliug. Applicant/Developer shall comply with the City's solid wazte
management and recycling requirements.
Responsible Agency: Bldg.
When Required: On-going
8. Water Quality/Best Management Practices. Pursuant to the Alameda Countywide National
Pollution Discharges Elimination Permit (NPDES) No. CAS0029831 with the California Regional
Water Quality Control Board (RWQCB), the Applicant/Developer shall design and operate the
site in a manner consistent with the Start at the Source publication, and according to Best
Management Practices to minimize storm water pollution.
Responsible Agency: PW, PL
Required By: Issuance of Grading Permit
9. Hold Harmless/Indemnification. AppI[cantfDeveloper shall defend, indemnify, and hold
harmless the City of Dublin and i~s 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 advizory agency, appeal board, Planning
4
Commission, City Council, Director of Community Development, Planning Manager, or any other
department, committee, or agency of the City the Site Development Review to the extent 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.
Responsible Agency: PW, PL
Required By: On-going
DRAINAGE/GRADING '.
10. Gruding/Sitework Permit. The .applicant shall obtain a Grading / Sitework Permit from the
Public Works Department for site grading and improvements. Said permit will be based on the
final set of improvement plans to be approved once all of the plan check comments have been
resolved. Please refcr to the handout titled Grading/Site Improvement Permit Application
Instructions and attached application (three 8-1/2" x 11" pages) for more information. The
Applicant/Developer must fill in and return the applicant information contained on pages 2 and 3.
The current cost of the permit is $10.00 due at the time of permit issuance, although the
Applicant/Developer will be responsible for any adopted increases to the fee mount.
Responsible Agency: PW
Required By:. Grading Permit
11.Encroachment Permit: The applicant shall obtain an Encroachment Permit from the Public
Works Department for any work within the publie'street rights of.way.
Responsible agency: Public Works
When ,required: prior to any construction within the street rights of way
12. Retaining Walls: . Retaining walls wil_h exposed heights exceeding 3' or with sareharged .loads
installed on the property shall be constructed pursuant to a Building Permit obtained from the
Building Division. Retaining walls shall be designed to support alt known surcharges. (At any
future point that a new surcharge is added to an existing retaining wall, the wall shall be re-
reviewed for the additional loads.
Responsible Agency: Bidg,
Required By: Prior to start of construction of any retaining walls.
13.Dublin San Ramon Service District (DSRSD) Permit: The applicant shall obtain a construction
permit from the DSRSD for all water and sanitary sewer improvements.
Responsible agency: DSRSD
When required: prior to construction of sanitary sewer and water improvements.
14. Grading, Drainage and Improvement. Plan: The applicant shall prepare a Site Grading,
Drainage and Improvement Plan for review and approval of the Public Works Director. All
improvement and grading plans submitted to the Public Works Department for review/approval
shall be prepared in accordance with thes6 Conditions of Approval, and with the City of Dublin
Municipal Code including Chapter 7.16 (Grading Ordinance). The. Plan shall include, as a
minimum the following information;
a. ]Existing topography including ground contours at one-foot intervals extending a minimum
10 feet beyond them property limits, and the location of the existing tree trunks and drip
Iines~
5
b. The location of existing improvements including fences and street frontage improvements,
c. Location and elevation of existing and any proposed changes to the water, sanitary sewer,
gas, electric and CATV services to the lot,
d. The location of all proposed improvements including the house footprint, decks, patios,
retaining walls, pathways and driveways,
e. Proposed grading including
f. Limits of cut and fill area.
g. Finish floor elevations.
h. Sufficient finish surface elevations on all pavements to show slope and drainage,
i. Top, toe and slope of all banks,
j. Top, bottom and height of all retaining walls,
k. Quantities of cut and fill,
1. Proposed drainage improvement including:
i. Location and Wpe of all inlets
ii. Elevations of grate and pipe inverts at all storm drain structures
iii. Storm drain pipes size, slope and material.
iv. Location and detail for the outlet dissipater
v. Direction of surface flow,
vi. Construction notes, sections and details as required,
vii. Location and elevation for the benchmark to be used for construction,
viii. Signature blocks for the Public Works Director, Geoteehnieal Engineer and the
DSRSD.
Responsible agency: Public Works
When required: prior to Grading / Sitework Permit
15. Erosion Control during Construction. Applicant/Developer shall include an Erosion and
Sediment Control Plan with the Grading and ImproVement plans for review and approval by the
City Engineer/Public Works Director. Said plan shall be designed, implemented, .and' continuallY
maintained pursuant To the City's NPDES permit between October 1~t and,April I5t~ or beyond
these dates if dictated by rainy weather, or as otherwise directed by the City EngineerfPublie
Works Director.
Responsible agency: Public Works
When required: prior to Grading / Sitework Permit
16. DSRSD Signature: The Canaling, Drainage and Improvement Plan shall be signed by DSRSD
approving the sanitary sewer and water facilities. DSRSD will require all fees and agreements to
be completed prior to signing.
Responsible agency: Public Works
When required: prior to Grading / Sitework Permit or Building Permit
UTILITIES
17. Utilities: The applicant shall provide all utility services to the site underground, including but not
Jimited To electricity, telephone, cable television, water, sewer and other required utility services in
accordance with thc requirements and specifications of each utility company.
Responsible agency: Public Works
When required: Prior to Building Permit
6
CONSTRUCTION . '
18. ConstrUction Hours. S*z. ndard cons~'ucfion and grading hours shall be limited to weekdays
(Monday through Friday) and non-City holidays between the hours of 7:30 a.m. and 6:00 p.m.
The Applicant/Developer may request reasonable modifications to such determined days and
hours, taking into account the seasons, impacts on neighboring properties, and other appropriate
factors, by submitting a request form to the City Engineer/Public Works Director. For work on
Saturdays and Sundays, said request shall be submitted no later than 5:00 p.m. the prior
Wednesday. Overtime inspection rates will apply for all after-hours, Saturday, Sunday, and/or
holiday work.
Responsible agency: Public Works
When required: during construction
19. Dust Control: The contractor is responsible for preventing dust problems from the site by
watering graded areas or other palliative measures as conditions warrant or as directed by the
Public Works Director.
ResPonsible agency: Public Works
When required: during construction
20. Noise Control: Construction shall be 'conducted in a manner to minimize the impacts on the
existing community which shall include as a minimum the following;
a. All construction equipment shall be fitted with noise muffling devices,
b. Construction equipment shall not be left idling while not in use,
c. Radios and loudspeakers shall not be used outside of.the building.
Responsible agency: Public Works
When required: during construction
..... ' .i~ 21, Trash and Debris Control: Measures shall be taken to con,in all construction related trash,
debris, and materials on site until disposal off-site. The conlxactor shall keep the adjoining Public
streets and properties free and clean of projevt dirt, trash and construction materials.
Responsible agency: Public Works
When required: during construction
22. Construction Fence: The applicant shall install a temporary fence/barrier across the rear yard
approximately 10 feet beyond the limits of grading. The fence/barrier shall be placed in such a
manner to restrict construction activities, material storage, trash, and debris from going down
slope of the construction area.
Responsible agency: Public Works
When required: during construction
.23. Damaged Improvements: The' .applicant shall repair .to .the satisfaction of thc Public Works
Director all damaged street curb, gutter, sidewalk and pavement on ~e lot fron~ge.
Responsible agency: Public Works
When required: prior to occupancy
24. Preliminary Title Report' The applicant shall submit a recent Preliminary Title Report for the
property for City reference during the plan-cheek.
Responsible Agency: PW
When Required: Ongoing
7
25. Existing Common Area Storm Drain Easement (CASDE). The applicant shall install a 12"-
diameter reinforced concrete storm drain pipe along the eenterline of the existing CASDE the
encumbers the site from the edge of the prol~, sed concrete driveway to the edge of the proposed
retaining wall to accommodate any existing or future Silvergate Homeowner's Association storm
discharges. Since the existing CASDE contains an angle point within a proposed fill area, the
applicant shall either install a junction structure (manhole) at the angle point, or shall relocate the
wall towards the top of the hill slightly to avoid the angle point. The final design of the concrete
storm drain pipe shall be subject to review and approval by the Director of Public Works.
Responsible Agency: PW
When Required: Ongoing
26. The Lot Dimensions. All property lines shall be dimensioned on the plans with both bearings and
distances from the recorded final map.
Responsible Agency: PW
When Required: Ongoing
27. Grading. Contour lines on the plans shall match the original ground surface elevations from the
Tract 5073 grading plan. No graded slopes shall be steeper than 2:1. Cut and fill quantities shall
be shown on the Grading Plan.
Responsible Agency: PW
When Required: Ongoing
28. Drainage, Concentrated storm flows from the proposed 4"O P¥C pipe that will drain the
driveway and from rain water leaders that will drain the roof and site improvements shall not
discharge at or near the top-of-slope. Instead, concentrated flows shall be collected in a pipe
network that discharges through an energy dissipater as near as possible to the down slope
property line. Appropriate details shall be added to the plans to address this issue.
Responsible Agency: PW
When Required: Ongoing
29. Geotechnieal Report. The applicant shall have a site-specific geoteclmical report prepared that
addresses grading, drainage, slope stability, landslide potential, and foundation recommendations.
All recommendations of the report shall be incorporated into the design of the house and site
improvements. All grading, retaining walls and foundation work shall be performed in accordance
with the recommendations contained in thc Geotechnical Report prepared for the site. The
responsible geotechnical engineer shall sign a statement on the Grading, Drainage and
Improvement Plan that all proposed grading, drainage and retaining walls conforms to the
recommendations contained in the Geotechnical Report.
Responsible Agency: BLDG
When Required: Ongoing
30. Automatic Fire Sprinkler System. Automatic Fire Sprinkler Systems shall be required in all
buildings that are adjacent to Open Space or Undeveloped Land. The installation of the Automatic
Fire Sprinkler System shall be in accordance with approved City standards.
Responsible Agency: BLDG
When Required: Prior to issuance of building permit and Ongoing
8
31. Public Facilities Fee. Applicant/Developer shall pay a Public Facilities Fee in the amounts and at
the times set forth in City of Dublin Resolution No. 195-99, or in the amounts and at the times set
forth in any resolution revising the amount of the Public Facilities Fee.
Responsible Agency: PCS
Required By: As indicated in Condition of Approval
ARCHITECTURE
32. Exterior lighting. Exterior lighting shall be of a design and placement so as not to cause glare
onto adjoining properties. Lighting used after daylight hours shall be minimized to provide for
security needs only..
Responsible Agency: PL
Required BY: Ongoing
33. Fencing and Retaining Walls. The design, location and materials of all fencing and retaining
walls shall be subject to review and approval by the community Development Director.
Responsible Agency: PL.
When Required: Prior to approval of Final Landscaping and Irrigation Plans.
34. Increase in height' of residences prohibited. The increase in height of the residence proposed
with this project beyond that approved by the City with this application is prohibited.
Responsible Agency: PL
Required By: Ongoing
LANDSCAPING
35. F,~nal Landscaping and Irrigation Plan. Applicant/Developer shall submit a Final Landscaping
and Irrigation Plan, conforming to the requirements of Section 8.72.030 of the Zoning Ordinance
(unless otherwise required by this Resolution) and the various ~ree protection requirements,
'stamped and approved by the Director of Public Works and the Director of Community
Development. The plan should generally conform to the landscaping plan shown on the Site
Development Review.
Responsible Agency: PL
Required By: Prior to building permit
36. Wildfire Management Plan. Thc Final Landscaping and Irrigation Plan shall be in accordance
with the City of Dublin Wildfire Management Plan.
Responsible Agency: F
Required By: Prior to building permit
37. Landscape Installation. Prior to final occupancy approval, all required landscaping and
irrigation, shall be installed.
Responsible Agency: PL, B
Required By: Prior to occupancy
38. Drought-tolerant and/or native species. The landscape design and construction shall emphasize
drought-tolerant and/or native species wherever possible.
9
Responsible Agency: PL
Required By: Prior to occupancy
~_O...LICE SECURITY
39. Residential Security Requirements. The development shall comply with the City of Dublin
Residential Security Requirements. Security hardware must be provided for all doors, windows,
roof, vents,' and skylights and any other areas per Dublin Police Services recommendations and
requirement. At the beginning of the construction an address sign of adequate size and color
shall be posted on site. Additionally, during construction security measures shall be taken to
secure equipment and materials, including barricades, locking boxes, and contact information.
Responsible Agency: B, PO
Required By: Prior to Occupancy of first residence
FIRE PROTECTION
40. Applicable regulations and requirements. The Applicant/Property Owner shall comply with all
applicable regulations and requirements of the Alameda County Fire Department (ACFD),
including payment of all appropriate fees.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
41. Because the exterior walls arc over 150 fee~ from thc public road, the driveway shall be a
minimum 14 ft wide emergency vehicle access road designed to hold the weight of fire apparatus
(63,000 pounds with a 40,000 lb axle weight).
Responsible Agency: F
Required By: Prior to issuance of Building Permits
42. Fire Flow. Provide a letter from Dublin San Ramon Services District stating what the available fire
flow is at the site. A copy of the letter shall be submitted to our office. Show the location of the two
closest fire hydrants on a site plan.
Responsible Agency: . g '
Required By: Prior to issuance of Building Permits
43. Fire safety during construction. The following is applicable during the construction phase:
a. The combustibles on thc site shall be removed prior to start of construction.
b. Article 87 of the Fire code shall be followed concerning fire safety during the construction,
demolition or repair, and the following requirements shall be provided to the project
manager and job contractor who shall notify all employees and sub-contractors. of the'
requirements.
c. Access roads shall be installed prior to building/site construction occurring.
d. Water supply shall be installed and in-service prior to building/site construction occurring.
e. Access roads, mmarounds, pullouts, and fire operation areas and fire water supplies shall b~
maintained clear and free of obstructions, including parking, These areas are required fire lane:
and shall be passable fire equipment at all times.
f. A means to contact emergency services and a minimum of one 4A 20BC fire extinguisher shall b~
provided at the job site.
g. Hot work activities such as welding, cutting, torches, and flame producing operations shall be h
accordance with the Fire code.
.I0
h. All construction equipment/machinery/devices with internal combustion engines ~hall'be equippe~
with approved spark arrestors while operating in this project area.
Responsible Agency: F
Required By: Prior to delivery of any combustible material
441 Smoke DetectorS. Residential smoke detectors shall be installed as required by California Building
Code section 310.9.1. Smoke detectors shall receive their primary power from building wiring with
batterY backup, shall be interconnected so that, when activated, sound an alarm audible in all sleeping
areas, and shall be located in every sleeping area, area leading to sleeping areas, and on every story.
A general note shall be added indicating compliance with interconnection requiremenm. Written
certification is submitted to the Fire Department that all smoke detectors are located no closer than
three feet from any SUpply register of the HVAC system and outside the airflow of all HVAC
registers prior to occupancy. Show smoke detectors in the hallways giving access to sleeping rooms
and in rooms open to the hallWay that have a ceiling height 24 inches or above the hallway.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
45. Uniform Building and Fire Codes. The project shall comply with Uniform Building and Fire Codes
as adopted by the City of Dublin.
Responsible Agency:' F
Required By: Prior to issuance of Building Permits
46. Sprinkler System. ProVide 'a note on the drawing showing that the building is provided with a
sprinkler system as follows:
a. The sprinkler syStem shall be designed and installed in compliance with N.F.P.A. 13D.
b. Contact the Fire Department at least 48 hours in advance for required underground
· inspections and hydrostatic test of ail system components. ~.
c. The sprinkler system shall be monitored by a central station monitoring as defined in
N.F.P.A. Standard No. 72. (Required by the Heritage Tree Ordinmxce).
d. Submit detailed shop drawings of all sprinkler modifications to the Fire Department for
approval and permit prior to installation.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
47. The home shall comply the Heritage Trees Ordinance as follOWs:
a. Clearly show which tress are heritage trees on the site plan. Show the drip lines of the
trees on the plan.
b, The exterior wall shall be one hour rated on the side facing the open space find the two
adjacent sides.
c. The windows shall be dual pane tempered on tlxe side facing the open space and the two
adjacent sides.
d. The structural members in the under floor areas shall be one hour rated.
e. The automatic sprinkler system shall be monitored by a UL certified central station
company. :
f. The home shall be provided with an automatic sprinkler system.
g. The roof covering shall be class A.
h. The underside of the eaves shall be one hour rated.
i. The exterior wall shall be,one hour rated on the side facing the open space.
j. The exterior doors shall be non-combustible or solid core 1% inch thick.
lc Attic vent~ or other vent openings shall not exceed 144 sq. in. and covered with non-
.Ii
combustible corrosion resistant mesh with openings not to exceed ¼ inch.
1. ComPly with thc vegetation guidelines. This requires that an area of non-combustible
materials flowers plants concrete gravel or Soil be maintained around the house.
Responsible Agency: F
Required By: Prior to issuance of Building Permits and Ongoing
48. Water supply. WaXer supply shall be adequate to support required fire flow~
Responsible Agency: F
Required By: Prior to issuance of Building Permits
DSRSD
49. 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", ali applicable DSRSD MaSter Plans and all DSRSD policies. Prior to
the issuance of a building permit, all utility connection fees, plan check fees, inspection fees,
permit 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.
Responsible Agency: DSRSD.
Required By: Prior to issuance of Building Permits
50. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system.
.. Pumping of sewerage is discouraged and may only be allowed under extreme circumstances
following a case by ease review with DSRSD staff. Any pumping station will.require specific
.. review and approval by DSRSD of preliminary design reports, design criteria, and final plans and
specifications. Thc DSRSD reserves the fight to require payment of present worth 20 :year~:,. ::::.:
. .:maintenance costs as well as other conditions within a separate agreement.with' the applicant for :~, ..
· . any project that requires a pumping station. -~
Responsible Agency: DSRSD.
Required By: Ongoing
51. Prior to the issuance of a building permit, all improvement plans for DSRSD facilities shall be
. signed by the District Engineer. Each drawing of improvement plans shall contain a signature
block for thc District Engineer indicating approval of the sanitary sewer or Water facilities shown.
Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and
provide an engineer's estimate of construction costs for the sewer and water systems, a
performance bond, a one-year maintenance bond, and a comprehensive general liability insurance
policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least
15 working days for final improvement drawing review by DSRSD before signature by the
District Engineer.
Responsible Agency: DSRSD.
Required By: PriOr to issuance of Building permits
52. No sewer line or water line construction shall be Permitted unless the proper utility construction
permit has been issued by DSRSD. A construction permit will only be issued after.all of the items
in the condition immediately before this one have been Satisfied.
Responsible Agency: DSRSD.
Required By: Ongoing
12
53. The Applicant/Property Owner 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 fmcs resulting from completion of the project.
Responsible Agency: DSRSD.
Required By: Ongoing
54. The Applicant/Property Owner shall obtain a limited construction permit from the DSRSD prior to
commencement of any work.
Responsible Agency: DSRSD.
Required By: Prior to commencement of any work
55. Construction by Applicant/Developer. Ali onsite potable and recycled wa~er and wastewater
pipelines and facilities shall be constructed by the Applicant/Developer in accordance with all
DSRSD master plans, standards, specifications and requirements.
Responsible Agency: DSRSD.
Required By: Completion of Improvements
56. DSRSD Water Facilities. Water facilities must be connected ~o the DSRSD or other approved
water sys'~em, and must be installed at the expense of Applicant/Developer in accordance with
District Standards and Specifications. All material and workmanship for water mains and
appurtenances thereto must conform with all of the requirements of the officially adopted Water
Code of the District and shall be subject to field inspection by the District.
Responsible Agency: DSRSD.
Required By: Completion of Improvements
$7. The applicant shall coordinate with the District and Alameda County Fire Departrnenx on required -fire flows.
Responsible Agency: DSRSD.
Required By:' Approval of Improvement Plans
~ISCELLANEOUS
58. Building Permits. To apply for building permits, flue Applicant shall submit eight (8) sets of full
construction plans for plan check. Each set of plans shall have attached an annotated copy of
these Conditions of Approval. The notations shall clearly indicate how ali Conditions of
Approval will be complied with.' Construction plans will'no~ be accepted without the annotated
conditions attached to each' set of plans. The Applicant wilt be responsible for compliance with all
Conditions of Approval specified and obtaining thc approvals of all participating non-City
agencies prior to the issuance of building or grading permits.
Responsible Agency: B, PL, PW.
Required By: Prior to issuance of building permits
59. Construction plans. Construction plans shall be fully dimensioned (including building
elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared
and signed by an appropriately design prQfessional. The site plan, landscape plan and details shall
be consistent with each other.
Responsible Agency: B, PL, PW.
Required By: Prior to issuance of building permits
60. Postal authorities. The developer shall confer with the local postal authorities to determine the
13
type of mail receptacles necessary and provide a letter stating their satisfaction with the type of
mail Service to be provided. Specific locations for such units shall be to the satisfaction of the
: Postal Service.
Responsible Agency: PL '.
When Required: Prior to issuance of Building Permit.
HERITAGE TREES:
61. No underground services including utilities, sub.drains, water or sewer lines shall be placed in the
Tree Protection Zone.
Responsible Agency: PL
When Required: Ongoing
62. Tree Preservation Notes, prepared by the consulting arborist, shall be included on ail construction
plans.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit
63. Irrigation systems must be designed so that no trenching will occur within the Tree Protection
Zone.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit.
64. No landscape improvements such as lighting, pavement, drainage or planting may occur which
may negatively affect the health or structural stability of the trees.
Responsible Agency: PL
When Required: Ongoing
65. Foundations, footings and pavement on expansive soils near the Heritage Trees should be
designed to withstand differential displacement due to expansion and Shrinking of the soil.
.Responsible Agency: PL
When Required: Prior to issuance of Building Permit.
66. All pruning, including after completion of construction and occupancy, shall be completed by a
Certified Arborist and Tree Worker in the presence of City designated personnel and be in
conformance with the guidelines of the .International Society of Arbofieulture, Tree Pruning
Cmidelines, current edition, on file in the Community Development Department. In addition,
priming shall be in conformity with the provisions of the Pruning Specifications of the Tree
Protection Plan for this project.
Responsible Agency: PL
When Required: On-going.
67. The Tree Protection Zone shall completely surround those trees to the satisfaction of the City's
arbofist. A fence shall completely surround and define the Tree Protection zone to the satisfaction
of the City's arbofist prior to demolition, grubbing or grading. Fences shall be 6 feet tall chain
link or equivalent as approved by the consulting arborist. Fences are to remain until all grading
and Construction is completed. All pruning approved by the City' Consulting Arborist shall be in
accordance with the Tree Pruning Guidelines (International Society of Arboriculture) and adhere
to the most recent editions of the American National Standard for Tree Care Operations (Z133.1)
14
and Pruning (A300).
Responsible Agency: PL
When Required: Prior to issuance of Grading Permit and Through Construction.
6g. Prior to work the contractor must meet with the either the Applicant's or the City's consulting
arborist at the site to review all work procedures, access routes, storage areas and tree protection
meflsures.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit.
69. No excess soil, chemicals, debris, equipment or other materials shall be'dumped or stored within
the Tree Protection Zone. Spoil from ~rench, footing, utility or other excavation shall not be placed
within Tree Protection .Zone.
Responsible Agency: PL '
When Required: Prior to issuance of Grading Permit.
70. If damage should occur to any tree during conslruction it shall be immediately reported to thc
Director of Community Development so that proper treatment may be administered. The Director
will refer to a City selected Arborist to determine the appropriate method of repair of any damage.
The cost of any treatment or repair shall be borne by the developer/applicant responsible for the
developmem of the project. Failure to do so may result in the issuance of a stop work order,
Responsible Agency: PL
When Required: Ongoing
71. While in the tree, the arborist shall perform an aerial inspection to identify defects that require · treatment. Any additional work needed shall be reported to the Project Arborist.
Responsible Agency: PL
When Required: Ongoing
72. Brush shall be chipped and chips shall be spread underneath trees to a maximum depth of 6
inches, leaving the mink clear of mulch. Wood shall be hauled off thc site. Trees shall not be
climbed with spurs. Thinning cuts are to be employed rather than heading cuts. Trees shall not be
topped or headed back
Responsible Agency: PL
When Required: Ongoing
73. Vehicles and heavy equipment shall not be parked beneath the trees. If access by equipment is
required to accomplish thc specified pruning, the soil surface shall be protected wi~h 6 inches to 8
inches of wood chips before placing equipment or vehicles.
Responsible Agency: PL
When Required: Ongoing
74. Equipment shall be serviced and fueled outside the tree canopy to avoid accidental spills in the
root area.
Responsible Agency: PL
When Required: Ongoing
75. A certified arborist shall be present on the project site during grading or other construction activity
that may impact the health of the Heritage Trees in this project.
Responsible Agency: PL
15
When Required: Ongoing
76. The applicant's arborist shall prepare a Ouide to Maintenance for Native Oaks that describes the
care needed to maintain tree health and structural stability including pruning, fertilization,
mulching and pest management as may be required. In addition, the Guide shall address
monitoring both tree health and structural stability of trees. As trees age, the likelihood of failure
of branches or entire trees increases. Therefore, amaual inspection for hazard potential should' be
addressed in the Guide. A copy ofthig Guide shall be provided to the h°meowner.
Responsible Agency: PL'
When Required: Prior to occupancy
77. The apPlicant/developer shall guarantee the protection of the Heritage Trees on the project site
· through placement of a cash bond or other security deposit in the amount of equal to the valuation
of the trees as determined by the Director of Community Development. The cash bond or other
security shall be retained for a reasonable period of time following the occupancy, of the last
residence occupied, not .to exceed one year. The cash bond or security is t° be released upon
satisfaction of the Director of Community Development that the Heritage Trees have not been
endangered. The cash bond or security deposit shall be forfeited toward payment of the civil
penalty, pursuant to Section 5.60.120 for any removal or destruction of a Heritage Tree.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit and Ongoing for up.to one-
year beyond occupancy
78. Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a Heritage Tree in this project shall obtain permission from the Director of
Community Development before performing any work, which may cause injury to the Heritage
Tree.
Responsible Agency: PL
When Required: Ongoing
79. No heritage Tree on the project si~e shall be removed unless its condition presents an immediate
hazard to life or property. Such Heritage Tree shall be removed only with the approval of the
Director of Community Development, City Engineer, Police Chief, Fire Chief or their designee.
Responsible Agency: PL
When Required: Ongoing
80. All Oak trees on the project site addressed by the Tree Protection Plan are designated as Heritage
Trees by this Site Development Review and shall be protected by the provisions of thc Heritage
Tree Ordinance pursuant to Section 5.60.40.2.
Responsible Agency: PL
When Required: Ongoing '
81. All work shall comply with City of Dublin Heritage Tree Ordinance, including no grading or other
improvements within the drip-line of a protected tree, except as shown on the approved plans. A
Tree Protection Zone shall be established in consultation with a Certified Arbofist where work
will be prohibited, except as shown on the approved plans. , and where exclusion fencing will be
erected during construction.
Responsible Agency: PW
When Required: Ongoing
16
PASSED, APPROVED and ADOPTED this 11t~ day of May, 2004.
AYES: Cm. Fasulkcy, a~d Machtxncs
NOES: Cm. King
ABSENT: ' Cm. Nassar, and Jennings
bill annin~C ~ ~s~sion ~~
^T ST
Planning.
17
A RESOLUTION OF THE CITY COUNCIL
O1~ THE CITY OF D~LIN
DE~G T~ APPE~ A~ ~I~G T~ DECISION OF T~ PLYING
CO~SSION G~T~G A SITE DE~LOPMENT.~EW FOR A S~GLE-F~ILY
~S[DENCE ON ~ E~STING LOT (LOT 1) AT 11299 ROLLING H~LS
~E~AS, Alex~der ~i~off h~ requested approval of a Site Developmem Renew
for a single f~ily homo on m ~fist~g lot at 11299 Rolling Hills ~ve; ~d
~~AS, a completed application for Site Development Review is av~lable ~d on file in
· e Dublin Plying ~p~ent; ~d
W~AS, ~e envkomen~ ~pacts of ~s project were ~dressed ~der thc Negative
Deel~afion prepped for ~e PA 85-035 Haffield Development Co¢oration Pl~ed Development
Rezone, ~exation ~d Site Development Renew of w~eh ~e subject lots w~ a p~. ~e
Negative Decimation w~ pr~ed in aecor~ce ~ ~e C~ifomia En~romen~ Q~iW
(CEQA), State CEQA Guidel~es ~d ~e CiW of Dublin Enviromen~ Guidel~es,
W~AS, a Site Development Review is mq~red for ~s project by Conditions 4 ~d 12
of City Co~cil Resolution 82-85 approving PA 85-035.3, Hmfield Development Co.ration
Investec, he.; ~d
~E~AS, ~e pmj~ is ~mistem ~ ~1 res~c~ ~ ~e H~mge T~e ~d~; ~d
W~AS, ~e project is comistent ~ ~1 res~c~ ~ Dublin Gener~ PI~ ~d Zoning
Ordinate; ~d
~E~AS, ~e project is consistent in ~ respects ~ ~e conditions of approv~ of CiW
Co. oil Resolution 82-85; ~d
~~AS, ~e Piing Comission &d hold a public he.rig on s~d application on May
11, 20~; ~d
~~AS, proper notice of s~d he~ng w~ given in all respec~ ~ req~d by law; ~d
~~AS, CiW °fDublin Co~cil Member McComick h~ filed a timely app~ of~e
decision of~e Plying Co~ission to ~e CiW Co.oil; ~d
~~AS, ~e CiW Comcil did hold a public he~ng in consideration of~e ap~ on
J~e 15, 2004; ~d
~E~AS, proper notice of s~d public being wm givm ~ ~1 res~cm ~ mq~ed by law;
~d
~~AS, the S~Re~ w~ submi~ed reco~end~g thru ~e City Comcil m~e a
determination based on the provisions oftbe Appeal Chapter of the Zoning Ordinance; and
WHEREAS, the City Council did hear and consider all said reports, recommendations, and
testimony hereinabove set forth and used their independent judgment to make a decision; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby
make the following findings and determinations regarding said proposed Site Development Review:
A. The approval of this application (PA 03-040) is consistent with the intent/purpose of
Section 8.104 (Site Development Review) of the Zoning Ordinance.
B. Thc approval of this application, as conditioned, complies with thc policies of the
General Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council
Resolution 82-85.
C. The approval 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
weffare because all applicable regulations will have been met.
D. Impacts to views have been addressed by sensitive design and siting of the proposed
single-family residence.
E. Impacts to existing slopes and topographic features are addressed in the project
through the use of pier and grade beams and by minimal grading.
F. The approval of this application, as conditioned, is in conformance with regional
transportation plans.
G. The approval of this application, as conditioned, is in the best interests of the public
health, safety and general welfare as the development is consistent with all laws and
ordinances and implements the requirements oft. he General Plan, the Zoning
Ordinance, the Heritage Tree Ordinance and City Council Resolution 82-85.
H. The proposed physical site development, including the intensity of development, site
layout, grading, vehicular access, circulation and parking, setbacks, height, walls,
public safety and similar elements, as conditioned, have been designed to provide a
desirable environment for the development.
I. Architectural considerations, including the character, scale and quality of the design,
the architectural relationship with the site and, building materials and colors, screening
of exterior appurtenances, exterior lighting and similar clements have been
incorporated into the project and as conditions of approval in order to insure
compatibility of this project with the existing character of surrounding development.
J. 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 Dublin City Council hereby demes me appeal
and affirms the May 11, 2004, decision of the Planning Commission approving the Site Development
Review of PA 03-040, Louldan°ffResidence, subject to the Conditions of Approval contained within
Planning Commission Resolution 04-043 attached to the Agenda Statement dated June 15, 2004, as
Attaclunent 4.
PASSED, APPROVED and ADOPTED this 15th day of June 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
CrAPA~2003\03-040 LoukinoffResidence~Appea]ksdr appeal teso.do~