Loading...
HomeMy WebLinkAboutReso 025-85 Morrison PD Rez RESOLUTION NO. 25-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT REZONING WITH DEVELOPMENT PLANS FOR A THIRTEEN ACRE SITE CONCERNING PA 84-084.1, MORRISON HOMES PLANNED DEVELOPMENT REZONING WHEREAS, Morrison Homes proposes to rezone 13.0 acres of land (APN 941-40-2-15, 941-40-5-2 ptn., 941-40-8 and 941- 113-118) northwest of Dublin Blvd. and San Ramon Rd. from Planned Development District (PD) as established under the Planned Development Rezoning request by H & H Development Company (PA 83-004) to a modified Planned Development District (PD), in order to build a 177-unit residential condominium project; and, WHEREAS, the City Council finds that the proposed rezoning is consistent with the City's general plan policies; and, WHEREAS, there is little or no probability that the rezoning will be a detriment to, or interfere with, the City's general plan; and, WHEREAS, the City Council has previously adopted a Mitigated Negative Declaration of Environmental Significance (Resolution No. 27-85); and WHEREAS, the City Council finds that the proposed rezoning will not have a significant environmental impact; and WHEREAS, the proposed rezoning is appropriate for the subject property in terms of being compatible to existing land uses in the area, will be visually attractive, will not overburden public services, and will provide housing of a type and cost that is desired, yet not readily available in the City of Dublin; and WHEREAS, the rezonlng will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare, or be injurious to property or public improvements; and WHEREAS, the Planning Commission did hear and consider the submittal information at their regularly scheduled meetings on March 18, 1985, and April 1, 1985; and WHEREAS, the Planning Commission adopted Resolution No. 85-011 recommending approval of PA 84-084.1 Morrison Homes; and WHEREAS, the City Council considered and reviewed the submittal information at their regularly scheduled meeting on April 8, 1985; and WHEREAS, property owners in the vicinity of the subject property were notified of the subject proposal; and WHEREAS, the Staff Report was submitted recommending that the Planned Development (PD) Rezoning be approved subject to conditions prepared and reflected in the Planning Commission Resolution No. 85-012; and WHEREAS, the City Council did hear and consider all said reports and recommendations as herein above set forth; WHEREAS, the City Council finds that this project is not a large multi-family project as contemplated by Section 3.8.3 of the Housing Element portion of Volume 2: Supplement of the General Plan and by Section 6.4E of the General Plan Volume 1 Plan Policies. -1- NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby approve the Planned Development (PD) Rezoning request for a 177-unit residential condominium project as generally shown on the Plans labeled Exhibit "A" for PA 84-084.1 and subject to the following Conditions of Approval; Conditions of Approval PA 84-084.1 Unless otherwise stipulated in the following conditions of approval, development shall be subject to final review and approval by the Planning Director prior to issue of grading or building permits. Final plans must be submitted at minimum of 30 days prior to the issuance of building and/or grading permits. 1. This approval is for a 177-unit multiple family residential project. Development shall be generally consistent with the following submittals; A. Site Plan - Morrison Homes, prepared by the Environmental Center, and dated February 5, 1985. B. Preliminary Landscape Plan - Morrison Homes, prepared by the Environmental Center, and dated February 28, 1985. C. Floor Plans and elevations labeled Morrison Homes - Dublin, prepared by Berkus-Group Architects, and dated received by the Planning Department December 21, 1984. D. Project Description for Kildare, submitted with the application for Planned Development Rezoning and dated received by the Planning Department December 21, 1984. E. Material and color board, prepared by Berkus-Group Architects, and dated December 17, 1984. F. Floor plans and elevations for proposed recreation building, dated received by the Planning Department January 31, 1985. Collectively the foregoing submittals shall constitute Exhibit "A" for PA 84-084.1. 2. Site Development Review approval by Staff shall be acquired prior approval of the Final Map and prior to issuance of building permit or grading permits. The Site DeveloPment Review shall implement these conditions of approval concerning the physical development of the project and the related development criteria of the San Ramon Road Specific Plan. 3. All units shall contain standard and currently available energy saving devices, and shall be insulated in accordance with Title 24, State of California Administrative Code. Evidence shall be provided to the Building Official from P.G.& E. that the units meet P.G.& E.'s requirements of the "Energy Conservation Home Program", if it still exists at the time the units are to be constructed. 4. The project architect, or civil engineer, shall provide a letter to the Planning Director or Building inspector stating that water conservant toilets, shower heads, faucets, and automatic dishwashers with low flow cycles have been installed in the units. 5. Except as may be specifically provided for within these conditions of approval, the development shall comply with the City of Dublin Residential Condominium Development Guidelines. 6. Except as may be specificaly provided for within these conditions of approval, the development shall comply with City of Dublin Site Development Review Standard Conditions. --2-- 7. Except as may be specifically provided for within these conditions of approval, development shall comply with City of Dublin Police Services standard Residential Building Security Requirements. 8. The developer shall provide the City Planning Department a status report as to the occupancy characteristics of the development once each year for four years. The questionaire utilized by the developer to provide occupancy characteristics of the development to Planning Department shall be subject to review and approval by the Planning Director. 9. A new 6-foot high architecturally designed fence shall be installed along the westerly property line. The design of the fence shall be subject to review as part of the Site Development Review submittal. The developer shall make a good faith effort to work with the Ponderosa Village Homeowner's Association and the affected adjoining property owners in reaching a consensus as to the design and location of the new fence. In absence of said consensus being reached, resolution of the details of the fence's design and location shall be subject to review and approval by the Planning Director. In addition to the fence, an intensive landscaped buffer, containing fast growing trees and shrubs, shall be installed within a 20-foot minimum width area immediately adjoining to the east side of the wall. Tree planting within this area shall reflect a twelve foot "on- center" planting layout. This landscaped area shall be irrigated by an automatic irrigation system and shall be maintained by the property owner. 10. Light standards (freestanding, pedestrian and wall mounted) utilized in this project shall be of a design which shield the light sources from view from off-site. Light standards used shall be subject to review and approval by the Planning Director as regards design, location, number and intensity. 11. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval. 12. Handicapped ramps and access as required by Titie 24, State of California, shall be provided. Handicapped parking stalls, appropriately signed, shall be provided evenly throughout the project. 13. Covenants, Conditions and Restrictions (C.C.& R.'s) shall be established for this development. The C.C.& R.'s shall be approved by the Planning Director prior to filing of the Final Map. The C.C.& R.'s shall be reviewed and approved by the City to assure that: a. There is adequate provision for at least the maintenance in good repair of all commonly owned facilities, property and landscaping including but not limited to; open space, common parking and driveway areas, lighting, recreation facilities, landscape and irrigation facilities, fencing, exterior of all buildings, and drainage and erosion control improvements. b. Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be p.rovided to each buyer prior to the time of purchase. c. The Association shall keep the City Planning Department informed of the current name, address, and phone number of the Association's official representative. -3- d. Payment of the water and street lighting bills (maintenance and energy) and maintenance and repair of storm drain lines are the obligations of the Homeowners' Association, unless paid for through a Lighting and Landscape Maintenance Assessment District. e. Each buyer is to sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowners' Association and the Conditions, Covenants, and Restrictions applying to the development. f. The Homeowners' Association shall contract with, or be advised (as to how to handle maintenance operations) by a professional management firm. g. No recreational vehicle or boat may be stored or parked for a period longer then twenty-four (24) hours within this development. h. Upon sufficient notice to the homeowners, the serving utilities are authorized to enter any portions of the units whenever restoration of gas, electric, and telephone service is required; that the utilities shall have the right to install, move, remove, or run new lines in or on any portions of the common area, including the interior and exterior of the units (except where undergrounding is required by the Subdivision Ordinance) as is necessary to maintain telephone service within the development and that this provision may not be amended or terminated without the consent of the utilities. i. The C.C.& R.'s shall prohibit the use of guest parking areas by project residents. j. The C.C.& R.'s shall include the obligations of the property owner to be responsible for public liability in case of injury in connection with public utility easements, and for maintenance of the private vehicle access ways and utility trenches in public utility easements. They shall further be void of any mention of future dedication of the access way to the City as a public street. k. Restrict the recoloring, refinishing, or alteration of any part of the exterior or any building until the Owner or Declarant first obtains approval from the related City of Dublin Departments. 14. After the project has been completed, and subject to observing any minimum and maximum dimensions specified in the approved plan: a. In the common areas, plant materials, arbors, fences, paving materials, and similar landscape features may be added or replaced, in kind. b. Any construction, repair or replacement which would occur in the normal course of maintenance of the common areas as the project matures may occur subject to the securing of any permits or paying fees required by other ordinances. 15. The developer and/or his representatives shall notify the Department of Fish and Game, P. O. Box 47, Yountville, California 94599 of any proposed or existing construction pro3ect within the project that may affect the streams in accordance with Section 1601 and 1602 of the Fish and Game Code. 16. Details and locations of entrance gates to the project (if proposed) are subject to review and approval by the City Engineer, the DSRSD-Fire Department and the City Planning Department prior to installation. -4- 17. At least one smoke/fire detector shall be connected in each residential unit to an enunciator panel and alarm at each group of units to notify the immediate neighbors to call the fire department in case of a fire. 18. A pedistrian-circulation plan shall be submitted as part of the Site Development Review material for review and approval by the Planning Director. 19. Heating of the pool/spa facility shall be by a solar heating system, the location and design of which will be reviewed as part of the Site Development Review. The developer shall submit documentation that the number/size/location/design of the solar collector panels will suffice to provide adequate pool heating for a reasonable length of time in each calender year. 20. The at-grade patios shall be fenced and landscaped for privacy of the units. Individual hose-bibs for each ground level unit patio area shall be provided by the developer. The design of the landscape and patio within the ground unit patio areas shall be subject to review and approval by the Planning Director as part of the Site Development Review submittal. 21. Make an offer of dedication to the City of Dublin for the right-of-way along Donlon Way, north of Dublin Blvd., plus establish a right-of-way strip behind the curb for the existing sidewalk and landscaping. 22. Contribute $50,000, towards future traffic improvements along Dublin Boulevard, west of San Ramon Road, to mitigate traffic impacts along this section of roadway which will be aggrevated by this project. 23. The necessary traffic improvements at the Dublin Boulevard/ San Ramon Road intersection shall be made to increase the capacity of the intersection by adding a second left turn lane for northbound traffic on San Ramon Road. This will include signal modification, revision to medians, and adjustment of through-lane markings. If other projects contribute to these improvements of the intersection, the property owner will be reimbursed a proportionate share, as determined by City Engineer. 24. Traffic Improvements at Amador Valley Blvd. and San Ramon Rd.: a. Contribute up to 50% of the cost of modifying the signals at Amador Valley Blvd. and San Ramon Blvd. to accommodate the extension of Amador Valley Blvd. to the subject property. b. Construct the extension of Amador Valley Blvd. from San Ramon Rd. to a cul-de-sac ending at the property. The design of the extension shall comply with the requirements of the City Traffic Engineering Consultants and the City Engineerc. Should the necessary right-of- way not be obtained by the developer for the Amador Valley Blvd. extension, a cash bond, or' letter of credit, equal in value to 150% of the value of the land under the roadway, plus the cost of the road improvements, shall be deposited with the City. The cost to the City of acquiring the right-of-way shall be included. If and when additional monies are received for improvement to this cul-de-sac, this developer or property owner may be reimbursed for his cost of improvements, this developer being responsible for up to 50% of all extension improvements including curb, gutter and other necessary longitudinal drainage, -5- paving, sidewalk, street lights and street trees. Said contribution shall be made prior to occupancy of any unit. 25. There shall be compliance with DSRSD Fire Department requirements, Flood Control District requirements, and Public Works requirements. Written statements from each agency approving the plans over which it has jurisdiction shall be submitted to the Planning Department .prior to issuance of Building Permits or the installation of any improvements related to this project. 26. All utilities to and within the project shall be undergrounded. Common water meters may be used, subject to review by the City Staff and DSRSD. 27. Other utilities for each unit shall be individually metered. All meters shall be screened from view and enclosed by an enclosure that is compatible in design and materials to that of the building to which it is installed. 28. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals. The system shall be designed as acceptable to DSRSD. 29. Developer shall furnish and install signs stating "Not a Publicly Maintained Street" and "Fire AcCess - Park in Designated Locations Only" in right-of-way of private streets. Parking spaces shall be designated by sign, paint or equal. 30. Fire hydrants shall be installed and operable, to the satisfaction of the Dublin San Ramon Services District Fire Department, prior to combustible construction. 31. Prior to final inspection and occupancy of any units: a. Storm drainage facilities shall have been installed as approved by the City Engineer. b. Fire protection devices shall have been installed, be operable, and conform to the specifications of and inspections by the Dublin San Ramon Services District Fire Department. c. A 6" high concrete curb (minimum), or "rolled-curb" of a design acceptable to the City Engineer, to separate all paved parking and passageway areas from landscaped areas shall have been installed. d. Cable TV hook-up shall be provided to each unit. e. As-built drawings showing the locations of all underground utilities (water, storm and sanitary sewer, gas, electric, telephone, and cable TV) shall be provided to the City. f. Street name signs, bearing such names as are approved by the Planning Director, shall have been installed. 32. Prior to occupancy of any unit, each phase of development (landscaping, irrigation, fencing, and landscape lighting in accordance with ~approved landscape and erosion control plans) shall have been installed, or a bond or letter of credit for the landscaping, lighting, appurtenant structures, and irrigation system shall be provided to the City. A statement from the Project Landscape Architect certifying that landscaping has been installed under his/her supervision and is in accordance with approved plans shall be submitted to the Building Official and Planning Director. 33. Private Vehicle Accessways: a. Backfill of all utility trenches and pavement design in private vehicle access way areas is to meet standards for public streets. b. The developer is to covenant and be responsible for the maintenance of all facilities in the private vehicle access way which are not maintained by a public utility agency. c. The connection between the private vehicle access way and the public street is to be by a standard driveway type of connection. Driveway throat width (at back of sidewalk) shall be the same as the vehicle access way. d. Safety lighting is to be provided on private vehicle access way and on pedestrian-way facilities connecting thereto. Lights shall utilize "vandal resistant" enclosures, and shall have sufficient power and spacing to provide an average maintained foot candle level of 0.12. Uniformity ratios and increased lighting level at entrance shall be provided to the satisfaction of the City Engineer and Planning Director. 34. Approval of this Planned Development is for two years as is specified in Section 8-31.2(b) of the Zoning Ordinance. 35. As part of the submittal for a grading plan, the developer's engineer shall field survey Martin Canyon Creek and perform hydrologic calculations indicating the capacity of the Creek. Should the Creek not handle the 100-year storm flow, improvements shall be designed so that this capacity is met, with an effort to maintain the natural appearance of the Creek. In addition, finished floor elevations of the units along the Creek shall be set so that if the Creek becomes blocked, the storm waters will flow onto San Ramon Road before water would enter the residential units. 36. The following Creek setbacks shall be adhered to: a. For existing banks of 2:1 slope (horizontal over vertical) or steeper, the setback is established by drawing a line at 2:1 slope from the toe of the existing bank to a point where it intercepts the ground surface and then adding 20 feet. b. Where the existing bank is 2:1 or flatter, the setback shall be 20 feet from the top of the bank. The following information shall be provided to determine an adequate setback from the creek and for the required hydrologic calculations: a. The precise location, both horizontal and vertical, of the Creek centerline and toes and tops of both sides of the creek. b. Cross sections of the Creek at intervals acceptable to the City. Sections at 100' intervals are typical; more frequent sections may be required. 37. The developer's engineer shall develop the expected truck length and turning radius criteria to use the private streets (fire equipment, delivery or garbage moving trucks, etc.) and design the curb radii accordingly and submit this data and design criteria with the Improvement Plans. 38. Wheel stops within the 'project shall be the curb at the end of the parking stalls wherever possible. Where freestanding wheel stops are necessary, concrete stops shall be used. 39. On-site circulation shall be constructed to private vehicle acCessway standards as acceptable to the City Engineer. -7- 40. Prior to final preparation of the subgrade and placement of base materials, all underground utility mains shall be installed and service connections stubbed out beyond curb lines. Public utilities and sanitary sewers shall be inStalled in a manner which will not disturb the street pavement, curb, and gutter when future service connections or extensions are made. 41. Prior to filing for building permits, precise plans and specifications for street improvements, grading, drainage (including size, type and location of drainage facilities both on- and off-site) and erosion and sedimentation control shall be submitted and subject to the approval of the City Engineer. 42. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval and shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of erosion, settlement and seismic activity. 43. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or tied into the storm drain system. 44. Dust control measures, as approved by the City Engineer, shall be followed at all times during grading and construction operations. 45. Construction and grading operations shall be limited to weekdays (Monday through Friday) and the hours from 7:30 a.m. to 5:30 p.m., except as approved in writing by the City Engineer. 46. Developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris and clean up shall be made during the construction period, as determined by the City Engineer. 47. a. Prior to commencement of any structures: Grading must conform with the recommendations of the soils engineer to the satisfaction o~f the City Engineer. A declaration by the soils engineerl that he has supervised grading and that such conformance has occurred shall be submitted. b. Prior to final inspection of buildings: The following shall have been submitted to the City Engineer: 1) An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. 2) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. 3) A declaration by the Project Civil Engineer and Project Geologist that all work was done in accordance with the recommendations contained in the soil and geologic ~nvestigation reports and the approved plans and specifications. 48. Prior to any grading of the site, a detailed plan covering grading (including phasing), drainage, water quality, erosion and sedimentation control for construction and the post-construction period shall be prepared by the Project Civil Engineer and/or Engineering Geologist, and shall be approved by the City Engineer. Said plans shall include detailed design, location, and maintenance criteria of all 8 erosion and sediment control measures. The plans shall attempt to insure that no increase in sediment or pollutants from the site will occur. The plan shall provide for long- term maintenance of all permanent erosion and sediment control measures 49. Prior to final inspection of buildings, the developer shall grade the site, install landscaping, soil erosion, sedimentation and drainage control measures, and improve all streets and easements, as shown or indicated on Exhibit "A", and these conditions. 50. Measures shall be taken to contain all trash, construction debris, and materials on site until disposal off-site can be arranged. The developer shall be responsible for corrective measures at no expense to the City. 51. Install fire hydrants at the locations approved by the Dublin San Ramon Services District in accordance with present standards. Provide a raised blue reflectorized pavement marker in the center of the private vehicle accessways at each fire hydrant. 52. If during construction, archaeological or historical remains are encountered, construction in the vicinity shall be halted, qualified archaeologist consulted, and the Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. 53. Sidewalks shall be installed to assure that pedestrians can walk within the project without having to walk down the private vehicle accessways, as acceptable to the City Engineer. 54. Unit address information and directories shall be provided to the satisfaction of the DSRSD Fire Department, Postal Service, Police Services, and Dublin Planning Department. 55. Parkland dedication fees shall be paid prior to the issuance of building permits or prior to recordation of the Final Map, whichever occurs first. The City Engineer shall calculate the in-lieu fee based upon the Subdivision Ordinance. Subject to review by the Cit~y Engineer and the Planning Director, additional partial Credit for private facilities may be granted for additional recreational facilities developed elsewhere on the site and the pedestrian/bicycle crossing over Martin Canyon Creek. For in-lieu fee calculation purposes, the preliminary park dedication land required is 66,221 sq. ft. Final calculations shall be at the issuance of building permits or at the approval of the Final Map, whichever occurs first. 56. Should the project be phased: a. The undeveloped area shall be maintained as acceptable to the DSRSD Fire Department and it shall be kept free of trash and debris. b. The complete road system shall be installed with the first phase. c. Each phase shall be landscaped and developed such that should construction of subsequent phases be delayed, the constructed phase(s) will appear as a completed project. The landscape buffer along the west side of the project shall be installed as part of the first phase. The recreation building and pool facilities shall also be installed as part of the first phase of development. 57. Should the units not be sold initially, the following reports shall be filed with, and approved by, the City Engineer at the time the units are put up for sale. -9- a. a report by a licensed roofing contractor certifying that the roofs of all the structures are in good condition and not likely to be in need of replacement for at least 10 years. b. a report by a Professional Engineer attesting that the structure of all buildings, pavements, storm drainage facilities; and the interior and exterior plumbing, electrical systems, and utility and mechanical equipment to be owned in common, or as part of the individual condominiums, are in good and serviceable condition; c. a report by a licensed painting contractor certifying that painting throughout the project is in good condition and that the building exteriors should not require repainting for at least five years. d. a report by a licensed termite and pest control specialist certifying that the structures are free of infestation and structural damage caused by pests. 58. Special storage areas of at least 120 cu. ft., each, shall be provided within, or adjacent to, each unit. The minimum dimensions (width, depth and height) of the storage areas shall be subject to review and approval by the Planning Director as part of the Site Development Review process. 59. At the time of condominium sale, if the units are not sold initially, all appliances shall either be replaced with new units or be warranted to the values of new appliances. 60. A recreation area or tot-lot, separate from the pool/spa area, shall be established prior to the occupancy of the 58th unit dwelling. A residential survey shall be prepared by the developer and submitted to the Planning Director to facilitate his determination as to what type of facility shall be developed and its appropriate location. 61. Prior to the issuance of building permits, the developer shall submit the appropriate documentation to demonstrate that all proposed development shall meet or exceed applicable state noise attenuation requirements. 62. Information detailing the design, location and materials of all fencing, and of retaining walls over two feet in height shall be submitted as part of the Site Development Review and shall be subject to review and approval of the Planning Director. Design and material of fences shall be compatible with existing fencing in the vicinity of the project. 63. The existing trees indicated on the Site Plan date February 5, 1985 to be retained with the development of this project are subject to the following minimum preservation criteria; a. Original grade shall not be changed at tree trunk. b. A qualified horticulturist, arborist, or other professional tree expert shall be consulted to develop a specific tree preservation program. The findings of the preservation program shall be incorporated into the project's grading and site development plan. 64. The developer shall record an agreement, which shall be subject to review and approval by the City Attorney which assures the necessary pedistrian/bicycle cross access between the subject property and the adjoining parcels. 65. The developer shall obtain an encroachment permit from Alameda County Flood Control and Water Conservation District for connection to, and work within, the existing District easement along the southerly property line (48" RCP is District's line J-2, Zone No. 7). -10- 66. Known water wells without a documented intent of future use are to be destroyed prior to any demolition or grading in accordance with a well destruction permit that shall be obtained from Zone 7 of the Alameda County Flood Control and Water Conservation District. 67. The subject property lies within Special Drainage Area 7-1 and is ~subject to the condition of Ordinance No. 53 of the Alameda County Flood Control and Water Conservation District. Any applicable conditions of said ordinance shall be observed at the time of issuance of building permits. 68. Public utility easements shall be required for the electric distribution system. The exact locations of the easements for the Pacific Gas and Electric Company and the Pacific Telephone Company shall be secured from those respective agencies. 69. There may be one sign established for project identification purposes. The location, copy and design of the sign shall be subject to review and approval by the Planning Director as part of the Site Development Review submittal. 70. The developer shall confer with the local postal authories to determine the type of centralized mail receptacles necessary and provide a letter stating their satisfaction at the time the Site Development Review submittal is made. Specific locations for such units shall be to the satisfaction of the Postal Service and the Dublin Planning Department. If centralized mail units are not required, the developer shall provide written documentation from the Postmaster stating the exemption. 71. Modification to the unit layout/design shall be made to provide a minimum 20 foot building to building separation and a minimum 15 foot clear area between building face and patio enclosure, or patio enclosure and patio enclosure. Modification to the location or size of patios shall not release the obligation to provide a minimum 200 square foot private open space area for each ground level unit. 72. (Deleted) 73. Upon submittal of a Site Devlopment Review application, the developer shall address the points of concerns relating to the architectural design of the proposed structures that were identified within the staff report to the Planning Commission dated March 18, 1985. The design of the change/equipment room is specifically not aproved by this permit. The design of that facility shall be subject to review as part of the Site Development Review application. 74. The developer shall be responsible for installation and maintenance of landscaping within the adjoining public right-of-way at the terminus of Shadow Drive. The improvements at this area shall include installation of a raised six inch curb along the length of the right-of-way. These improvements shall be subject to review and approval with the submittal of the Site Development Review and shall be installed at the time the landscaping buffer along the west property line is planted. 75. (Deleted) 76. Upon submittal of a Site Development Review application, the developer shall address the design modifications regarding unit placement and location of parking discussed within the Staff Report to the Planning Commission dated March 18, 1985. Site design changes proposed along the west property line involving the introduction of additional or modified parking bay facilities shall be in a manner to align to the greatest extent possible the parking bays with the ends of the three public streets lying to the west of the subject property and/or done in a manner to eliminate parking spaces -11- in close proximity to the west property line to accomodate a wider landscape buffer between the parking bays and the west property line. 77. If the subject project is not subdivided, as proposed under Subdivision 5388, the project shall be subject to the conditions of approval established for that subdivision, as determined applicable by the City Engineer and the Planning Director. PASSED, APPROVED AND ADOPTED THIS 8th day of April, 1985. AYES: Cm. Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT: None ATTEST: City Clerk -12-