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HomeMy WebLinkAboutReso 027-84 BarrattSJ PDRezFind RESOLUTION NO. 27 - 84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS OF A PLANNED DEVELOPMENT REZONING CONCERNING PA 82-033.1(R) BARRATT SAN JOSE WHEREAS, Barratt San Jose, proposes to rezone 7.1+ acres of land (APN 941-101-4-7 and APN 941-101-4-13) at the southwest corner of Silvergate Drive and San RamOn Road from C-N (Neighborhood Business) to PD (Planned Development), for 40 residential condominiums and 44 residential toWnhouses; and, WHEREAS, the City Council finds that the City of Dublin is in the process of preparing and adopting a general plan, and that there is reaSonable probability that the proposed rezoning will be consistent with the future general plan; and, WHEREAS, there is little or no probability that the rezoning will be a detriment to, or interfere with the future general plan, should the new zoning ultimately be inconsistent with the future general plan; and, WHEREAS, the City Council finds that the rezoning will not have a significant environmental impact; and, WHEREAS, the 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 rezoning 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; NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development (PD) rezoning request for an 84- unit residential project as shown on the Plans labelled Exhibit "A" and Exhibit "B" (as amended by Exhibit "A"), and subject to the following Conditions: GENERAL PROVISIONS 1. Compliance with the plans contained in Exhibit "A" and as amended by these Conditions. The applicant shall change his proposal (Exhibit B) so that is will be in conformance with the Staff recommendations as shown in Exhibit "A". The changes shall include: a. a reduction of one building in the central portion of the site and relocation of the remaining buildings and pool to create more space between buildings and garages, create a substantial open area and entry feature at the end of the San Ramon Road entry into the development, and enlarge the size of the central common open space; b. moving the garage buildings a minimum of six (6) feet off of the fault zone; c. moving the northwest building a minimum of 10 feet from the westerly property line; d. provision of an open fence allowing vieing of Martin Canyon Creek area, at the southeastern portion of the site; e. reduction of seven parking stalls along the eastern portion of the property to eliminate parking in the Silvergate setback area and allow for some landscaping between the easterly garages; f. provision of a public access easement along the south side of Martin Canyon Creek (within the Applicant's property); g. the condominium units shall be a minimum of 650 sq.ft. 2. Acquisition of the City-owned property proposed for inclusion in this project shall be completed before any permits can be issued for or physical work started on the subject property. 3. Site Development Review approval by Staff shall be acquired prior to issuance of any Building Permit. The Site Development Review shall implement these General Provisions concerning the physical development of the project. 4. The maximum number of residential units shall not exceed 84 units, of which, no more than 40 may be condominiums. 5. The condominium architecture shall be consistent in quality with the townhouse architecture including materials, details, and form. 6. Roofing shall either be concrete tile or wood shake. 7. All garages shall have'automatic sectional roll-up garage door openers. Each condominium unit shall have its own garage. 8. The landscaping adjacent to the Silvertree development shall provide for a dense fast-growing tree screen, utilizing a minimum of 25%, 24" box trees, and a maximum of 75%, 15-gal trees. The trees shall be located in a minimum 8-foot-wide landscape easement, which shall be under the control of the Homeowners' Association. An independent automatic irrigation system shall be provided for the trees. Maintenance and protective measures shall be guaranteed in the Codes, Covenants, and Restrictions. 9. All units shall contain standard and currently available energy saving devices, and be insulated in accordance with Title 24, State of California Administrative Code and 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. 10. Compliance with the City of Dublin Residential Condominium Development Guidelines (as amended 3/30/83). 11. Compliance with City of Dublin Site Development Review Standard Conditions. 12. Compliance with City of Dublin Police Services Standard Residential Building Security Requirements. 13. Full disclosure shall be made to potential buyers of the project which shows the location and describes the potential impact of the earthquake fault that traverses the property. A written acknowledgement of the review of this information prior to purchase is required of all buyers of units within the development, and ~ copy shall be filed with the City Planning Department. 14. The developer is to be responsible for the maintenance of all Homeowner Association facilities for at least a one-year warranty period, commencing when each phase is at least 50% occupied. 15. The Developer is to provide to the City Planning Department a status report as to the occupancy characteristics of the development once each year for three years. 16. 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. 17. A 6-foot high architecturally designed masonry wall shall be installed along the easterly property line. In addition, an intensive landscaped buffer, containing fast growing trees and shrubs, shall be installed within a 22-foot minimum wide landscaped area to the east of the wall and within City right-of-way. The landscaped areas shall be irrigated by an automatic irrigation system and be maintained for one year by the Developer, and thereafter by the Homeowners' Association. A recorded contract, to run with the land, is to be established providing the City with authority to repair and/or maintain the easterly wall and the landscaping within the public right-of-way. This contract may be exercised by the City in the event the developer or the Homeowners' Association fails to maintain the wall and landscaping in such a manner that they present a neat and well-taken-care- of appearance. Provision is to be made in the contract to enable the City to recover costs of work performed by the City in the right-of-way and on private property related to the wall and landscaping. The contract should recite that the Developer and Homeowners' Association grants the City authority to enter and repair and maintain the wall and landscaping across the adjacent private property if conditions so require. The repair and maintenance costs incurred by the City are to be shared, pro rata, by all units within the Homeowners' Association and collected as assessments along with County property taxes. 18. A par course shall be installed along an 8-foot-wide bikeway that shall meander along San Ramon Road, as acceptable to the Planning Director. 19. 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. 20. Handicapped ramps and access to each ground floor unit shall be provided at the request of the buyer and at the expense of the developer. Four handicapped parking stalls, appropriately signed, shall be provided evenly throughout the project. 21. 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 of all commonly owned facilities, property and landscaping including open space, roads, parking, lighting, recreation facilities, landscape and the exterior of all buildings; 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 provided to each buyer prior to the time of purchase. c. The Association shall maintain all common areas in good repair, including drainage and erosion control improvements, fences, and landscaping; d. The Association shall keep the City Planning Department informed of the current name, address, and phone number of the Association's official representative; e. Payment of the water and street lighting (maintenance and energy) bills and maintenance and repair of storm drain lines are the obligations of the Homeowners' Association, excepting where said storm drain serves public property (streets and/or public land) in addition to the subdivision, the controlling public agency shall then be responsible for maintenance; f. 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. g. The Homeowners' Association shall contract with, or be advised by a professional management firm, as to how to handle maintenance operations and fee collection procedures. h. No recreational vehicle or boat may be stored within this development. i. The Covenants, Conditions, and Restrictions shall provide that upon sufficient notice to homeowners, the serving utilities be 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 subdivision, and that this provision may not be amended or terminated without the consent of the utilities. j. Guest parking areas must be identified by signs and the C.C.& R.'s shall prohibit the use of these areas by homeowner families. k. The Constitution and Bylaws of the Homeowners' Association shall include the obligations of the Association 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. 1. Provisions exist that require each purchaser to sign a statement, prior to the purchase of a unit, that he or she has read a statement that shows the location and describes the significance of the Calavaras Fault that traverses the property. 22. Solar hot water systems shall be offered to buyers as an optional improvement, where practical. 23. 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. 24. All utilities fronting and within the project shall be undergrounded. 25. 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. 26. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals. The system shall be designed as acceptable to DSRSD. 27. Landscape plans, showing substantial landscaping, shall be submitted to, and be approved by, the Planning Director prior to any permits being issued for this project. In general, 3 to 5 trees per 1,000 sq.ft, of landscaping shall be shown within all open space/landscaped areas. At least 75% shall be 15-gal. size. 28. Light standards shall be used which shield the light source from view from off-site, and shall not shine onto adjacent property. 29. Street trees shall be provided along Silvergate Way, as acceptable to the Planning Department. 30. Heating of the pool shall be by a solar heating system, the location and design of which will be reviewed as part of the Site Development Review. 31. The at-grade patios shall be fenced. 32. 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~ 33. Fire hydrants shall be installed and operable, to the satisfaction of the Dublin San Ramon Services District Fire Department, prior to combustible construction. 34. 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 4" high concrete curb (minimum) to separate all paved parking and passageway areas from landscaped areas shall have been installed. Curbs may be deleted where a sidewalk adjoins parking and passageway, provided the sidewalk is at least 4" higher than adjoining pavement. d. Cable TV hook-up shall be provided to each unit in the subdivision, in accordance with existing City regulations. 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 Homeowners' Association. f. Street name signs, bearing such names as are approved by the Planning Director, shall have been installed. 35. Prior to occupancy of any unit in 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 equal to the cost plus 10% of the landscaping, lighting, appurtenant structures, 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. 36. Private Vehicle Accessways: a. Backfill of all utility trenches in private vehicle access way areas is to meet the recommendations of a licensed Civil Engineer specializing in the field of soils engineering. (In the absence of such a recommendation, City public street standards for trench backfill shall be utilized.) The soils engineer shall provide full-time inspector services when trenches are being backfilled in accordance with this recommendation. All work done within public utility easements is to be inspected by the responsible utility to a point six inches over the top of the pipe. All other work in the access way is to be inspected by the recommending soils engineer and/or the City Engineer. Trench backfill in private vehicle access.ways shall be compacted to a minimum of ninety percent relative compaction as determined by California Test Method No. 216. Trench backfill in other areas outside of the private vehicle access ways shall be inspected and specified as to material and compaction requirements by the respective utility agency. In the absence of such requirements, the City Engineer shall make the determination. b. The Homeowners' Association 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, except that all maintenance work resulting from backfill failure is to be the responsibility of the Homeowners' Association (after the one-year warranty period). The developer is to be responsible for maintenance of all facilities during the one-year warranty period. 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. A uniformity ratio and increased lighting level at entrance shall be provided to the satisfaction of the City Engineer and Planning Director. e. A recorded contract, to run with the land, is to be established providing the City with authority to repair and/or maintain the private vehicle access way in the event the Homeowners' Association fails to so maintain in a manner that adequate access by vehicular traffic is provided at all times, so that fire, police, health and sanitation vehicles and public utility vehicles can service the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning areas. Provision is to be made in the contract to enable the City to recover costs of work performed by the City in these access ways. The contract should recite that the Homeowners' Association grants the City the authority to enter and repair and maintain the private vehicle access way in consideration of the City allowing the use of private vehicle access ways to less than public street standards, and that repair costs incurred by the City are to be shared, pro rata, by all units and collected as assessments along with County property taxes. 37. The location of the garages adjacent to the fault zone shall be subject to review and approval by the Alameda County Geologist and City Engineer. 38. Should this development not require Tentative Map approval prior to any construction, the Applicant shall comply with Engineering requirements as developed by the City Engineer. These requirements shall cover grading, drainage, flood control, road construction and design, and the like. 39. Based on the major traffic impact on the Sivergate Drive leg of the Silvergate Drive/San Ramon Road intersection, the developer be required to contribute $25,000 toward the design, construction, and inspection of a traffic signal at San Ramon Road and Silvergate Drive (this represents approximately 1/4 of the cost.) 40. Sidewalk shall be completed along the Silvergate frontage. 41. The develper shall be responsible for the following frontage improvements along San Ramon Road: a. One lane of traffic and 8 feet of shoulder (20 feet pavement) or equivalent. b. Curb, gutter, and a 6-foot sidewalk. c. Replacement of the bike path, where necessary, for ultimate improvements. d. Necessary drainage improvements. e. Related signing and striping. f. Street lights on one side of Street. 42. Approval of this Planned Development is for two years as is specified in Section 8-31.2(b) of the Zoning Ordinance. PASSED, APPROVED AND ADOPTED THIS 12th DAY OF March , 1984. AYES: Councilmembers Hegarty, Jeffery, Moffatt and Mayor Snyder NOES: Councilmember Drena ABSENT: None ayor City Clerk