HomeMy WebLinkAbout02-16-1993 Item 8.1 92-080 Donlon Canyon TMap 5926 Extension
TO:
FROM:
PREPARED BY:
SUBJECT:
CITY OF DUBLIN
PLANNING COMMISSION
AGENDA STATEMENT/STAFF REPORT
Meeting Date: February 16, 1993
Planning Commission
Planning Staff Uv.\:s\
Carol R. Cirelli, Associate Planner
PA 92-080 Donlan Canyon Tentative Map 5926
Extension
GENERAL INFORMATION:
PROJECT:
APPLICANT:
PROPERTY OWNER:
LOCATION:
ASSESSOR PARCEL:
PARCEL SIZE:
GENERAL PLAN
DESIGNATION:
EXISTING ZONING
AND LAND USE:
Three year extension request of the Donlan
Canyon Tentative Map 5926 for a 196~ acre
area to allow 17 single family homes, 300
multi-family units and 170+ acres of open
space.
Gary Balsdon
Aliquot
3236 Stone Valley Road West, #220
Alamo, CA 94507
Michael Gleason
6451 Benvenue Avenue
Oakland, CA 94618
Western terminus of Dublin Boulevard
941-18-3,4
196+ acres
164.9+ acres - Open Space/Stream Corridor
13+ acres - Low Density Single Family
Residential (0.5 to 3.8 dwelling units/acre)
19.1+ acres - Medium High Density Residential
(14.1 to 25 dwelling units/acre)
PD, Planned Development; Agriculture/Grazing
Land
-----------------------------------------------------------------
ITEM NO. ,f).1
COPIES TO: Applicant
Owner
Address File
PAGE L OF ..i2..
SURROUNDING LAND
USE AND ZONING:
ZONING HISTORY:
PA 87-012:
PA 89-125:
PA 89-125.1:
PA 90-1l0:
North:
Agricultural/Grazing Land, Alameda
County, Zoned A
Interstate 580 Freeway/Caltrans
Public Right-of-Way
Valley Christian Center, Zoned A
Agricultural/Grazing Land, Alameda
County, Zoned A
South:
East:
West:
On August 14, 1989, the Dublin City Council
approved a General Plan Amendment and
certified an EIR for the Donlan Canyon
Residential Development, designating 19.1~
acres of medium-high density residential, 13~
of low density single family residential and
approximately 170 acres of open space/stream
corridor.
On July 9, 1990, the Dublin City Council
approved the Donlan Canyon Planned
Development, Prezoning, Tentative Map 5962
and Annexation request to allow 300 multi-
family condominiums/apartments on 16~ acres,
17 single family lots (custom home sites) on
10+ acres, and 170+ acres of open
space/parkland. -
On December 10, 1990, the Dublin City Council
ordered the annexation of the Donlan Canyon
Residential Development project territory
(Annexation No.9) to the City of Dublin and
the Dublin San Ramon Services District (City
Council Resolution No.s 150-90 and 35-91. On
November 8, 1990, the Alameda County Local
Agency Formation Commission (LAFCO) approved
the City of Dublin Annexation No. 9 (Donlan
Canyon Reorganization). The annexation
became recorded and effective August 27,
1991.
On February 7, 1992, the Planning Director
denied without prejudice the Applicant's
(Michael Gleason - Donlan Canyon) Site
Development Review request to construct a 300
multi-family apartment project based on the
findings that the Applicant 1) was not in the
position to move forward with the project, 2)
did not formally withdraw the application by
notifying the Planning Department in writing,
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PAGE~OF33
and 3) did not submit required environmental
studies in compliance with the certified EIR
for the Donlan Canyon Residential Development
General Plan Amendment and Tentative Map
5962.
APPLICABLE REGULATIONS:
city of Dublin Subdivision Ordinance, Chapter 1, Title 8
Section 8-1.2 Intent states, in part, that it is the intent of
this Chapter to promote the public health, safety, and general
welfare; to assure in the division of land consistency with the
policies of the General Plan and with the intent and provisions
of the Zoning Ordinance; to coordinate lot design, street
patterns, rights-of-way, utilities and public facilities with
community and neighborhood plans; to assure that areas dedicated
for public purposes will be properly improved initially so as not
to be a future burden upon the community; to preserve natural
resources and prevent environmental damage; to maintain suitable
standards to insure adequate, safe building sites; and to prevent
hazard to life and property.
Section 8-2.9 of the City of Dublin Subdivision Ordinance
specifies that the approval of a tentative map shall be effective
for two and one-half years, or for such shorter period as may be
specified by the advisory agency in approving the tentative map.
An extension of the effective period up to three years may be
granted or conditionally granted by the Planning Commission, upon
the determination that circumstances under which the map was
approved have not changed to the extent which would warrant a
change in the design or improvement of the tentative map.
ENVIRONMENTAL REVIEW: The project has been reviewed in
accordance with the provisions of the California Environmental
Quality Act (CEQA) and it has been determined that the previous
Environmental Impact Report and Mitigation Monitoring Program
adopted by the City Council on August 14, 1989 (City Council
Resolution Nos. 96-89 and 97-89, respectively) adequately
addresses the potential environmental impacts associated with the
Tentative Map 5926 approval. The project, as mitigated, will not
have a significant effect on the environment.
NOTIFICATION: Public Notice of the February 16, 1993 hearing was
published in the local newspaper, mailed to adjacent property
owners, and posted in public buildings.
ANALYSIS:
The Applicant is requesting a 3 year extension of Tentative
Map 5926 for a 196~ acre area located west of Silvergate Drive
and north of the western terminus of Dublin Boulevard, to allow
17 single family lots on 10~ acres and 300 multi-family units on
16~ acres, and 170~ acres of open space. Tentative Map 5926 was
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rAGE~ OF33
approved for a 2 1/2 year period. Since the Applicant was not in
a position to move forward with the project, a three year time
extension request was filed with the Planning Department prior to
the map's December 25, 1992 expiration date. According to the
Subdivision Map Act, the map is automatically extended for 60
days from the expiration date, or until the extension is
approved, conditionally approved, or denied, whichever occurs
first.
The conditions of approval for Tentative Map 5926 cover the
following areas (see Attachment 2): location, dimension and
number of lots on the site, grading and drainage easements, on
and off-site improvements, street dedications, open space, park
land dedication, CC&Rs, water and utilities, and more.
Particular project conditions are described below.
The park land dedication requirement for the Donlan Canyon
project is 2.887 acres (based upon .011 acres per unit per single
family portion of the site and .009 acres for the multi-family
portion of the site). In-lieu fees may be paid instead of park
land dedication or a combination of both may be provided based
upon current market value of the developable acreage of the
subdivided area. The 170+ acres of open space, if offered for
dedication, would not qualify for park land dedication in that it
is not an active recreation area, such as a playing field, and is
not designated in the General Plan or Master Plan of Parks as
Parkland.
Off-site improvements include 1) contributing proportionate
share of funds for the improvement of the Dublin Boulevard and
San Ramon Road intersection, 2) replacing curb, gutter and
sidewalk along north side of Dublin Boulevard in the vicinity of
Silvergate Drive, 3) contributing proportionate share of funds to
pay for the design, construction and inspection for widening
Dublin Boulevard between Silvergate Drive and Hansen Drive and
reconstructing the Dublin Boulevard and Silvergate Drive
intersection, and 4) contributing proportionate share of funds to
pay for the design, construction and inspection of off-site
street improvements through the Valley Christian Center based on
proportionate traffic generation on the street.
The project has been reviewed by other City departments, the
City Attorney and other government agencies and their comments
are included as conditions of approval in the Draft Resolution
(Exhibit B). Three of the conditions (#3, #8 and #9) involve the
City's future adoption of ordinances.
The City is currently studying the adoption and
implementation of a Regional Traffic Impact Fee for roadway and
street improvements in the Tri-Valley area. This fee will
provide for public works projects to improve traffic circulation
for accommodating new development within the City. If a Regional
Traffic Impact Fee Ordinance is adopted and effective prior to
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PAGE~OF33
issuance of building permits for the Donlan Canyon project, the
Applicant shall pay a regional traffic impact fee for the
project's fair share of regional traffic impacts.
The Applicant shall provide affordable housing in
conformance with the Housing Element of the Dublin General Plan
by complying with all affordable housing ordinances that are in
effect prior to issuance of building permits for the Donlan
Canyon project. Two of the three affordable housing program
components have been already adopted, the Density Bonus Ordinance
and the Rental Availability Ordinance. The third component, the
Inclusionary Housing Ordinance, has yet to be adopted.
The Dublin Unified School District is currently studying the
adoption and implementation of developer fees for the school
district to improve the existing aging public school facilities
and to accommodate increased student enrollment in the City of
Dublin. Upon the adoption of a developer fee ordinance, the
Applicant shall pay the developer fee prior to issuance of
building permits.
Due to the City's current and future financial constraints
brought upon by the State trying to balance the budget, the
Applicant will be required to prepare a fiscal impact analysis
within nine months prior to issuance of building permits. This
analysis must demonstrate that the project will have either a
neutral or positive fiscal impact on the City or building permits
will be withheld.
The other conditions in Draft Resolution Exhibit Bare
either identical to those specified in the previous tentative map
approval or they are extensions of those conditions. The
Applicant concurs with all of the conditions specified in the
Draft Resolution.
Staff recommends approval of the Applicant's request to
extend Donlan Canyon Tentative Map 5926 for three years, subject
to the conditions specified in the Draft Resolution Exhibit B.
RECOMMENDATIONS:
FORMAT:
1)
2)
3)
4 )
5)
Open public hearing and hear Staff presentation.
Take testimony from Applicant and the public.
Question Staff, Applicant and the public.
Close public hearing and deliberate.
Adopt Draft Resolution Exhibit B approving PA 92-
080 Donlan Canyon Tentative Map 5926 Extension, or
give Staff and Applicant direction and continue
the matter.
ACTION:
Staff recommends that the Planning Commission adopt
Draft Resolution Exhibit B approving the Donlan Canyon
Tentative Map 5926 Extension.
-5-
PAGE~OF33
ATTACHMENTS:
Exhibit A:
Tentative Map 5926 Site Plan
Exhibit B:
Draft Planning Commission Resolution
approving Donlan Canyon Tentative Map 5926
Extension
Backqround Attachments:
Attachment 1:
Location/Zoning Map
Attachment 2:
City Council Resolution No. 79-80 approving
Tentative Map 5926 for PA 89-125 Donlan
Canyon
-6-
PAGE 6 OF 33
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TENTATIVE
TRACT NO.
MAP
5926
"DONLAN CANYON
DUBLIN, CA
DONLAN CANYON ASSOCIATES
NI$O'()'O"W
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/II 7r,. 0' 0"/1'11
PARCH. ACRES SII. FT.
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8 1.5 K. 1 li5,340!
C I K.1 ~,560 i
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11 -.naa_,
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C/O Allllln associATES
1535 lI.llPJ[ IlIl.EYMD
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M.llIIOT ASSIltlATIS
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850 I. SAI.u IIlIIE
SAI ",,1{J), CA _I
ClIP . ClIP moclATIS
2890 I. ""II STIIfET
_lllEII.CA 9'1596
2) El61~
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III PRIJ>OSl]) USE, SIIIlU FMILY, (S,f.)
IU.T1PU FMIU (R.I.)
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12) PRIJ>OSl]) Ill. IF S.f. LOTS, V LOTS
I3l PRIJ>OSl]) COOlO,Al'MTIDlS, 300 IIlITS
m AYERAQ; S.F. LOT SIZE,
15) "111M LOT S.f. SIZE,
15) !lAID SlJ'l'\.Y,
VI SEJER,
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING TENTATIVE MAP 5926 EXTENSION
CONCERNING PA 92-080 DONLAN CANYON
WHEREAS, Aliquot, on behalf of the Property Owner, Michael
Gleason, has requested an extension of Tentative Map 5926 for three
(3) years, of 196+ acres to allow 17 single family lots on
approximately 10 acres and 300 multi-family units on 16~ acres, and
approximately 170 acres of open space, located west of Silvergate
Drive, north of the western terminus of Dublin Boulevard; and
WHEREAS, the State of California Subdivision Map Act and the
adopted City of Dublin Subdivision Regulations require that no real
property may be divided into two or more parcels for purpose of sale,
lease or financing unless a tentative map is acted upon, and a final
map is approved consistent with the Subdivision Map Act and City of
Dublin Subdivision Regulations; and
WHEREAS, the State of California Subdivision Map Act and the
adopted City of Dublin Subdivision Regulations allows the approval
period of Tentative Maps to be for two and one-half (2-1/2) years,
with extensions not to exceed a total of three (3) years; and
WHEREAS, the Tentative Map Extension request is consistent with
the standards established in the State of California Subdivision Map
Act and the adopted City of Dublin Subdivision Regulations.
WHEREAS, the Planning Commission did hold a public hearing on
said application on February 16, 1993; and
WHEREAS, proper notice of said public hearing was given in all
respects as required by law; and
WHEREAS, the application has been reviewed in accordance with the
provisions of the California Environmental Quality Act (CEQA) and it
has been determined that the previous Environmental Impact Report and
Mitigation Monitoring Program adopted by the City Council on
August 14, 1989 (City Council Resolution Nos. 96-89 and 97-89,
respectively) adequately addresses the potential environmental impacts
associated with the Tentative Map 5926 approval. The project, as
mitigated, will not have a significant effect on the environment; and
WHEREAS, the Staff Report was submitted recommending that the
application be conditionally approved; and
WHEREAS, the Planning Commission did hear and consider all said
reports, recommendations and written and oral testimony hereinabove
set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning
Commission does hereby find that:
-1-
EXHIBIT B
PAGE J:/:.. OF.33
1. Tentative Map 5926 Extension, as modified, is consistent
with the intent of applicable subdivision regulations and
city zoning and related ordinances.
2. Tentative Map 5926 Extension, as modified, is consistent
with the City's General Plan as they apply to the subject
property.
3. Tentative Map 5926 Extension will not result in the creation
of significant environmental impacts.
4. Tentative Map 5926 Extension 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.
5. The site is physically suitable for the proposed development
in that the site is indicated to be geologically
satisfactory for the type of development proposed in
locations as shown, provided the geological consultant's
recommendations are followed; and the site is in a good
location regarding public services and facilities.
6. The request is appropriate for the subject property in terms
of being compatible to existing land uses in the area, will
not overburden public services, and will facilitate the
provision of housing of a type and cost that is desired, in
the City of Dublin.
7. General site considerations, including unit layout, open
space, topography, orientation and the location of future
buildings, vehicular access, circulation and parking,
setbacks and similar elements have been designated to
provide a desirable environment for the development.
8. This project will not cause serious public health problems
in that all necessary utilities are, or will be, required to
be available and Zoning, Building and Subdivision Ordinances
control the type of development and the operation of the
uses to prevent health problems after development.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does
hereby conditionally approve the Tentative Map 5926 Extension request
for PA 92-080 Donlan Canyon as shown on Exhibit A, stamped approved
and on file with the Dublin Planning Department and subject to the
following conditions:
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied
with prior to the issuance of buildinq permits or establishment of
use, and shall be subject to Planninq Department review and approval.
The followinq codes represent those departments/aqencies responsible
for monitorinq compliance of the conditions of approval. rPLl
Planninq, rBl Buildinq, rpOl Police, rpWl Public Works, rADMl
-2-
rAGE/~ OF33
Administration/City Attorney, rFIN1 Finance, rF1 Douqherty Reqional
Fire Authority, rDSR1 Dublin San Ramon Services District, rC01 Alameda
County Department of Environmental Health, rZone 71 Alameda County
Flood Control and Water Conservation District, Dublin Unified School
District, rDSD].
GENERAL PROVISIONS
1. This approval is for the extension of Tentative Map 5926, PA 92-
080 Donlan Canyon. The Final Map shall generally conform to the
Tentative Map prepared by Aliquot dated received October 14, 1992
labeled Exhibit A, stamped approved and on file with the Dublin
Planning Department and shall be subject to compliance with the
conditions of approval of City Council Resolution No. 79-90 for
Tentative Map 5926 (Attachment 1) unless modified by the
conditions included in this resolution. [PW, PL]
2. The Tentative Map Extension request for PA 92-080 Donlan Canyon
is approved and valid until December 25, 1995. [PW, PL]
REGIONAL TRAFFIC IMPACT FEE
3. The City of Dublin is currently studying the adoption and
implementation of a Regional Traffic Impact Fee for roadway and
street improvements in the Tri-Valley area. This fee will
provide for public works projects to improve traffic circulation
for accommodating new development within the City. If a Regional
Traffic Impact Fee Ordinance is approved and effective prior to
issuance of building permits for the Donlan Canyon residential
development project, the Applicant shall pay a regional traffic
impact fee for the project's fair share of traffic impacts prior
to issuance of building permits. [PW]
OFF SITE IMPROVEMENTS
4. The Applicant shall dedicate a 52 foot wide right-of-way in front
of the project site from curb to curb for a future painted left-
hand pocket for entry to the Donlan Canyon project site. The
Applicant shall construct the necessary improvements for a left-
hand pocket if new development has occurred west of the Donlan
Canyon project site prior to issuance of building permits for the
Donlan Canyon project. [PW]
LANDSCAPING
5. The drainage system for the project landscaping shall be drip
irrigation and plantings shall be drought resistant, subject to
the Public Works Director and Planning Director's review and
approval. [PW, PL]
FLOOD CONTROL IMPROVEMENTS
6. Any proposed flood control improvements for the project shall be
reviewed by the Alameda County Flood Control and Water
Conservation District (ACFC & WCD) (Zone 7) for potential
-3-
PAGE!.k- OF ~
downstream impacts.
[Zone 7]
7. The proposed Donlan Canyon development shall be subject to
Special Drainage Area 7-1 fees for flood control improvements
along the major streams and arroyos within Zone 7 of the ACFC &
WCD. [Zone 7]
SCHOOL DISTRICT FEE
8. The Dublin Unified School District is currently studying the
adoption and implementation of developer fees for the school
district to improve the existing aging public school facilities
and to accommodate increased student enrollment in the City of
Dublin. Under the effective January 1, 1993 State law, the
maximum fee allowed to be collected by California school
districts is $2.65 per square foot of residential development.
Upon the Dublin Unified School District's adoption of a developer
fee ordinance, the Applicant shall pay the developer fee prior to
issuance of building permits. [DSD, PL]
HOUSING FEES
9. The Applicant shall provide affordable housing in conformance
with the Housing Element of the Dublin General Plan. The City of
Dublin's affordable housing program includes three components:
the Density Bonus Ordinance (adopted 12/9/91), the Rental
Availability Ordinance (adopted 9/23/91), and the Inclusionary
Housing Ordinance (to be adopted). The Applicant shall comply
with the Dublin General Plan Housing Element and all affordable
housing ordinances that are in effect prior to issuance of
building permits for the Donlan Canyon project. [PL]
FISCAL IMPACT
10. Within nine (9) months prior to issuance of building permits, the
Applicant shall prepare, to the Planning Director's and City
Manager's satisfaction, a fiscal impact analysis of the project.
The analysis must demonstrate that the project will have either a
neutral or positive fiscal impact on the City, or building
permits will be withheld. [PL, ADM]
PASSED, APPROVED and ADOPTED this 16th day of February, 1993.
AYES:
NOES:
ABSENT:
Planning Commission Chairperson
Planning Director
/92080EXT
-4-
PAGE.L/- OF 3.3,
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RESOLUTION NO. 79 - 90
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING TENTATIVE MAP _~_ {.~:'-\ ",''l.-
CONCERNING PA 89-125 DONLAN CANYON
WHEREAS, the Paragon Group has requested approval of a planned
Development Prezoning, Tentative Map, and Annexation of 196+ acres to
allow 17 single family lots on approximately 10 acres and 3~0 multi
family units on l6! acres, approximately 10! acres of open space, in
unincorporated Alameda County, west of Silvergate Drive, north of the
western terminus of Dublin Boulevard; and
WHEREAS, the state of California Subdivision Map Act and the
adopted City of Dublin subdivision Regulations require that no real
property may be divided into two or more parcels for purpose of sale,
lease or financing unless a tentative map is acted upon, and a final
map is approved consistent with the Subdivision Map Act and City of
Dublin subdivision regulations; and
WHEREAS, the Planning Commission held public hearings to consider
the request on June 4, 1990; and
WHEREAS, proper public notice of this request was given in all
respects as required by law for the Planning Commission hearings; and
WHEREAS, the staff Report was submitted recommending the Planning
commission recommend approval of the Tentative Map subject to
conditions prepared by staff; and
WHEREAS, the Planning COll\mission heard and considered all said
reports, recommendations and written and oral testimony submitted at
the public hearing and recommended City council approval of the
Tentative Map; and
WHEREAS, the City council held a noticed Public Hearing to
consider the request on June 25, 1990; and
WHEREAS, pursuant to State law (CEQA) and regulations, a Negative
Declaration of Environmental Significance has been prepared; and
WHEREAS, the staff Report was submitted recommending City council
approval of the Tentative Map; and
WHEREAS, the City council adopted Resolution No. 77-90 approving
the Negative Declaration for PA 89-125; and
WHEREAS, the City council heard and considered all said reports,
recommendations, written and oral testimony submitted at the public
hearing as hereinabove set forth.
AttadIBd ~
[tm?ll-dc2 )
p~.Gt J!J. O'f~.2-
NOW, THEREFORE, BE IT RESOLVED THAT THE city Council does hereby
find that: " ,(cj;'
Tentative t'lap .~~, as modified, is consistent with the
intent of applicable subdivision regulations and city
zoning and related ordinances.
::'-1 -;:~' (-?-
Tentative Map ~~2, as modified, is consistent with the
City's General plan as they apply to the subject
property. (~
J;::'Ll "'\ Jc;/
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Tentative Map 5962- will not result in the creation of
significant environmental impacts.
'\ . /L'
;~~. ~-W Q;/
Tentative Map 5-9-6-:J 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.
1.
2 .
3.
4 .
5. The site is physically suitable for the proposed
development in that the site is indicated to be
geologically satisfactory for the type of development
proposed in locations as shown, provided the geological
consultant's recommendations are followed; and the site
is in a good location regarding public services and
facilities.
6. The request is appropriate for the subject property in
terms of being compatible to existing land uses in the
area, will not overburden public services, and will
facilitate the provision of housing of a type and cost
that is desired, in the City of Dublin.
7. General site considerations, including unit layout,
open space, topography, orientation and the location of
future buildings, vehicular access, circulation and
parking, setbacks and similar elements have been
designated to provide a desirable environment for the
development.
8. This project will not cause serious public health
problems in that all necessary utilities are, or will
be, required to be available and zoning, Building and
subdivision Ordinances control the type of development
and the operation of the uses to prevent health
problems after development.
BE IT FURTHER RESOLVED THAT THE City Council hereby approves
'l'entative f'lap 5-9-6-2- - PA89-125 Donlan Canyon - subject to the
conditions listed below:
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-2-
~AGE ~ OF 33
CONDITIONS OF APPROVAL
Unless otherwise s ecified, the followin conditions shall be comclied
with rior to the recordation of the Final Ma. Each item is sub'ect
to review and approval by the Planninq Department and Public Works
Department unless otherwise specified.
GENERAL PROVISIONS !':
.<1_' "q /
~~-", ;'.' ~-/
1. This approval is for Tentative Hap~-2-, PA 89-125 Donlan Canyon.
The Final Map shall generally conform to the Tentative Hap
prepared by Aliquot dated received May 24, 1990 labeled Exhibit A
ori file with the Dublin Planning Department.
2. Approval of TeIltative Map is subject to the subdivider/developer
securing final approval from the Dublin City Council for the
Planned DevelopmeIlt (PO) Prezoning request covering the subject
property. Any modifications to the project design approved by the
planned Development (PO) Prezoning action shall supersede the
design on the Tentative Map and shall be considered as an
approved modification on the Tentative Map. Site Development
Review approval for the project shall be secured prior to the
recordation of the Final Map. Site Development Review and Final
Map recordation may occur in phases.
3. Comply with the "Typical Public Works Conditions of Approval for
Subdivisions" (see Attachment 1).
4. The Developer shall comply with applicable Fire Department, Flood
Control District, and Public Works requirements. Written
statements from each such agency or department approving the
plans over which it has jurisdiction shall be submitted to the
Planning Department prior to issuance of building permits on lots
of the subdivision or the installation of any improvements
related to this project.
5. Should the developer wish to file a master Tract Map separating
or phasing the project, all off-site work shall be guaranteed and
constructed as part of the agreement for this tract. In addition,
all streets necessary to keep from landlocking any parcel shall
be offered for dedication and the construction guaranteed by the
Subdivision Agreement. All off-site improvements and
contributions to off-site improvements and offer of dedication of
open space shall occur in conjunction with phase 1. Except that
contribution to improvements of Valley Christian Center Road
shall occur in conjunction with the single family phase.
COVENANTS, CONDITIONS AND RESTRICTIONS
6. Covenants, Conditions and Restrictions (CC&R's) shall be
established for this development. The CC&R's shall be approved by
the Planning Director prior to the recordation of the Final Map.
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PAGE 5BL OF~3
7. The CC&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 areas,
lighting, recreation facilities, landscape and irrigation
facilities, fencing, and drainage and erosion control
improvements.
b. payment of dues and assessments shall be both a lien against
the assessed laIld 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 keep the City Planning Department
informed of the current name, address and phone number of
the Association's official representative.
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 Homeowner's 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 Homeowner's Association
alld the Conditions, Covenants and Restrictions applying to
the development.
f. The Homeowner's Association shall contract with, or be
advised (as in handling maintenance operations) by, a
professional management firm.
g. The CC&R's shall include a statement outlining 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 private vehicle
access ways and utility trenches in public utility
easements.
h. The CC&R'S shall contain a list of plant materials
acceptable for landscaping subject to review and approval of
the Planning Director and Fire Department.
GRADING AND DRAINAGE
8. Larldslides and erosive areas as outlined in the Geotechnical
Investigation Report for Donlan Canyon Ranch project shall be
shown on the Grading and Improvement Plans. Proposed repairs
shall be outlined on these same plans.
9. Long term maintenance of these landslide repairs landslides
within the developed area shall be the responsibility of the
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Homeowner's Association/property owner and incorporated in the
CC&R's.
10. Prior to approval of grading plans, Applicant shall conform to
the recommendations outlined in the Geotechnical Investigation
Report for Donlan Canyon project as a minimum. stricter controls,
particularly on landslide repairs, retaining structures,
subdrains, and surface drainage, may be imposed by the Public
\vorks Director.
11. Prior to issuance of grading permits, the city shall contract for
a third party soils engineer to review and provide recommendation
uf the Applicant's submitted Geotechnical Investigation Report as
related to landslide repair. The Applicant/Developer shall pay
the City the cost of the third party review.
12. All concentrated storm drain flow shall be discharged into the
established drainage channels, not onto the slopes.
13. All inlets and outlets of storm drain flow from or into natural
drainage channels shall be constructed with rock slope protection
to eliminate erosion and undercutting.
14. A registered civil engineer shall design all retaining walls over
three feet in height (or over two feet in height with a
surcharge) and a building permit shall be required for their
construction. A maintenance/ inspection program shall be
implemented by the developer/homeowners' association for the
periodic inspection and maintenance of all retaining walls that
could possibly affect the public right-of~way. All wood in
contact with soil shall be pressure treated.
15. Each lot that drains to the street shall be provided with t\.;o 3"
drains through the curbs and the roof leaders shall be tied into
them.
16. No drainage shall be directed over a slope.
17. All cut and fill slopes shall be contoured to appear natural and
blend with the existing natural contours.
18. The soils report for the project shall include recooonendations 1)
for foundations, decks, and other miscellaneous structures, 2)
for design of s\olimming pools, and 3) for setbacks for structures
from top or toes of slopes. Additionally, the soils report shall
include a professional opinion as to safety of the site from the
hazards of land slippage, erosion, settlement and seismic
activity.
19. A declaration by the soils engineer that she/he has supervised
grading and that such conformance has occurred shall be submitted
to the Public Works Director.
20. Prior to final preparation of the subgrade and placement of base
materials, all underground utilities shall be installed and
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PAGE~3 OF ~
5f-,rvice connections stubbed out behind the sidewalk. Public
utilities, Cable TV, sanitary sewers, and water lines will be
installed in a manner \-,hich will not disturb the street pavement,
curb, gutter and sidewalk when future service connections or
extensions are made.
~l. Grading shall be completed in compliance with the construction
grading plans and recommendations of the project's soils engineer
and/or engineering geologist, and the approved erosion and
sedimentation control plan, and shall be done under the
supervision of the project's soils engineer and/or engineering
geologist, who shall, upon its completion, submit a declaration
to the Public Works Director that all work was done in accordance
with the recommendations contained in the soils and geologic
investigation reports and the approved plans and specifications.
Inspections that will satisfy grading plan requirements shall be
arranged wi th the Public \vorks Director.
22. Any grading on adjacent properties will require written approval
of those property owners affected.
23. Where sailor 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 recol1ll11endations contained in the original soil
investigation, a revised soil or geologic report shall be
submitted for review by the Public Works Director. It shall be
accompanied by an engineering and geological opinion as to the
safety of the site from hazards of land slippage, erosion,
settlement and seismic activity.
24. All cut and fill slopes shall be revegetated with native shrubs,
trees and grasses subject to review and approval of the Planning
Director and Public Works Director.
25. Prior to Tentative Map approval, the Applicant shall submit a
drainage plan/hydrology report. This report shall prove adequacy
and/or propose necessary improvements to the downstream drainage
facilities. These facilities shall be adequate to convey the 100
year storm flow.
26. Landslides and erosive areas as outlined in the Geotechnical
Investigation Report for Donlan Canyon shall be shown on the
Improvement/Grading Plans. proposed repairs shall be the
responsibility of the Homeowners' Association and incorporated in
the CC&R's.
27. The grading shall meet the requirements set forth in the
preliminary geotechnical exploration, and ultimately, the final
geotechnical exploration. Including all required subdrains,
buttress fills, over-excavation and recompaction, keyed and
benched engineering fills, and all other specifications.
28. In the past, grading of other hills in this area has activated
natural springs. These springs can contain numerous chemicals,
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PAGE & OF ~~
including H2S, which discharges a displeasing odor. Moreover,
this spring water has been found to leave a hard residue that may
plug up subdrains and the storm drain system, rendering them
ineffective. It is likely that the proposed grading of this site
will cause additional springs to surface. The Applicant shall
submit a detailed study of this problem for review and approval
of the Public Works Director to determine how these springs
should be handled in order to prevent any damage to the
environment, as well as to public and private facilities.
29. Show typical lot drainage on the subdivision grading plans.
30. The Applicant shall submit an erosion control plan that conforms
to the "ABAG control and Sedimentation Handbook" as a minimum.
31. The improvement plans shall include construction details for all
drainage inlets and manholes that are not Alameda county
standard.
32. No retention basin will be permitted. Detention basin with 100
year spillway tied into underground drain is required subject to
Public Works Director approval. All through underground storm
drain systems will be adequately constructed to collect and
convey the 100 year storm flow.
33. Grading plans shall state the quantity of fill that must be on or
off hauled. If fill is to be on or off hauled the Applicant shall
submit details as to how it will be done and routes of travel for
the Public Works Director's approval.
34. The two drainage inlets at the west end of Donlan Canyon shall be
constructed viith at least two sets of trash racks each. The
Applicant shall provide details of the trash racks on the
Improvement Plans.
35. The Applicant shall provide trash racks and all weather access
where picking up natural drainage meets improved storm drain
system, to the satisfaction of the Public Works Director.
36. All storm drain pipes that drain public property or the open
space shall be contained within storm drain easements and shall
be constructed of reinforced concrete pipe.
37. All slopes 10 feet in height or higher will have a concrete "v'
ditch installed at the toe of the slope. These ditches shall
discharge into natural drainage channels or adequate storm drain
systems.
38. The old undocumented fill in Donlan Canyon shall be removed and
recompacted in a controlled and monitored manner. All unsuitable
material found in this fill shall be removed and not reused in
the fill subject to the Building Official and Public Works
Director approval.
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CAGE ~~F33
39. subdrains shall be installed in all existing water channels that
the Applicant is proposing to fill. Including the existing creek,
and swales. In addition a subdrain will be installed along both
sides of Donlan Canyon at the existing toe of bank. All
subdrains will be 6" minimum in diameter and will have cleanouts
at a minimum of every 300 linear feet. No single angles shall
exist in the subdrain or cleanout riser grater than 22.5 degrees
subject to Public Works Director review and approval.
40. The Developer shall provide an all weather surface access to the
existing ranch road located northwest of the multi-family project
site subject to Site Development Review and Public Works Director
approval.
STEEETS
41. All public streets shall drain into storm drain systems before
being discharged into established drainage channels.
42. An encroachment permit shall be secured from the Public Works
Director for any work done within the public right-of-way where
this work is not covered under the improvement plans.
43. Street names shall be submitted and processed through the
Planning Department and shall be indicated on the Final Map and
Improvement Plans.
44. The Developer shall furnish and install street name signs, in
accordance \"ith the standards of the City of Dublin, bearing such
names as are approved by the Planning Director. The subdivider
shall furnish and install traffic safety signs in accordance with
the standards of the city of Dublin.
45. The entrance road through Parcel "c" shall have no more than a 6%
slope for the first 100 feet to allow for the possible future
widening on Dublin Boulevard in this area.
46. Maximum longitudinal slope on any streets shall not exceed 12%.
47. Maximum longitudinal slopes through intersections shall not
exceed 6%.
48. Driveway slopes shall not exceed 20%.
49. All concentrated surface flow shall be contained within a
improved ditch to eliminate soil erosion.
50. All public streets and cul-de-sacs shall conform to Alameda
county StandardS.
51. The Applicant shall coordinate with the Applicant of the Hansen
Hills project to insure that "A" street conforms to both projects
and the City of Dublin standards.
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PAGEe:<jo OF3.3
OFFSITE IMPROVEMENTS
52. Prior to approval of the improvement plans and Final Map the
developer shall submit documents satisfactory to the city of
Dublin presenting proof of public access on the proposed road
across Parcel "C".
53. construct 35 foot radius cul-de-sac at the end of Dublin
Boulevard. The new curb and gutter shall not be constructed any
closer to Interstate 580 than the existing curb.
54. Provide a 2" AC overlay on Dublin Boulevard in front of the
Donlan Canyon project. The overlay shall include placing paving
fabric between the existing pavement and the overlay.
55. Remove the existing AC berm on the north side of Dublin Boulevard
from the proposed turnaround to Silvergate Drive and replace with
Alameda County Standard Curb, Gutter and 5 foot wide sidewalk.
56. The Applicant shall obtain Caltrans approval for any work
performed within their right-of-way, or affecting their
facilities (i.e., tying into their cross-culvert, etc.).
57. Prior to release of occupancy of any units, the developer shall
be responsible for contribution towards cost of the design,
construction and inspection of an additional right-turn lane
including right-of-way and related signal modification in the
west leg of eastbound Dublin Boulevard at the San Ramon Road
intersection. This cost shall be split between this development
and the development of the Hansen Hills property immediately to
the east, on a pro rata basis based on the amount of traffic
generated by each development.
58. Prior to release of occupancy of any units, the developer shall
be responsible for contribution towards cost of the design,
construction and inspection of the widening of the existing
roadway of Dublin Boulevard approximately 15 feet, all on the
south side, between Silvergate Drive and Hansen Drive, to
accommodate four 12-foot traffic lanes, and two five-foot bike
lanes, and a five-foot sidewalk, as generally shown on the
proposed widening plans prepared by TJKM and dated received
August of 1988 and described in the study prepared by TJKM in
memo dated september 27, 1989. This work shall also involve
reconstructing the intersection of Dublin Boulevard and
Silvergate Drive to form a "T" intersection, with Dublin
Boulevard being the through road. This cost shall be split
between this development and the development of the Hansen Hills
property immediately to the east and development of West Dublin
on a pro rata basis based on the amount of traffic generated by
each development.
59. The developer shall be responsible for paying his fair share
towards the cost of the design, construction and inspection of
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rAGE~ OF3.3
the off-site street improvements through the Valley Christian
center based on proportionate traffic generation on that street.
60. Prior to release of building permits, the Applicant shall remove
all dm-lned wood and debris the on-site creeks to keep this
material from entering the water courses. This pruning and
removal shall be done in the area lying between the creeks and 50
feet uphill of the flow line.
61. A 10-foot public utility easement shall be shown on the Final Map
along all street frontages, in addition to all other easements
required by the utility companies or governmental agencies.
62. All common area landscaping, and landscaped medians, shall be
maintained by the homeowners' association/or property owners of
the multi-family project.
63. All open space shall be owned and maintained by the City of
Dublin, if offered for dedication and accepted by the City, or
another agency/land trust acceptable to the City of Dublin
Planning Director and Public Works Director, if offered for
dedication and accepted by such agency.
64. The Developer shall submit to the Public Works Department for
review and approval, a street signing and striping plan.
65. The Developer shall submit an acoustic analysis for the project.
The study shall determine Interstate 580 affects on the proposed
development and wllether sound walls or other sound attenuations
are necessary. If the study determines the sound walls are
necessary, the Applicant shall submit plans and details subject
to Site Development Review approval and construct them as part of
their improvements.
66. If the Applicant is planning on selling the multi-family units as
condominiums, the Tentative ~lap must say "For Condominium
purposes".
UTIL1'l'IES
67. Electrical, gas, telephone, and Cable TV services, shall be
provided underground to each lot or building in accordance with
the City policies and existing ordinances. All utilities shall be
located and provided within public utility easements, sized to
meet utility company standards, or in public streets.
68. Prior to filing of the grading and improvement plans, the
developer shall furnish the Public Works Director with a letter
from Dublin San Ramon Services District (DSRSD) stating that
DSRSD has agreed to furnish water and sewer service to the
development.
69. secure DSRSD agreement to maintain the on-site sanitary sewer
collection system excluding individual laterals. The system
shall be designed as acceptable to DSRSD.
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70. All utilities along the projects Dublin Boulevard frontage and
within the project shall be undergrounded.
VJATER
.71. Water facilities must be connected to the DSRSD system, and must
be installed at the expense of the 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 will be subject to field
inspection by the District.
72. Any water well, cathodic protection well, or exploratory boring
shown on the map, that is known to exist, is proposed or is
located during the course of field operations, must be properly
destroyed, backfilled, or maintained in accordance with
applicable groundwater protection ordinances. Zone 7 should be
contacted for additional information.
73. The Developer/Applicant shall comply with all applicable DSRSD
and City of Dublin Public Works requirements, particularly
regarding:
a. The elevation of the storm drain relative to the sewer
lines.
b. The location of the sewer man-holes. They shall be in
parking or street areas accessible by DSRSD's equipment.
c. Dedication of seVIer lines.
d. Location and design of the water system valves.
74. The Applicant/Developer shall submit plans for all DSRSD
facilities within the project to DSRSD for review and approval.
75. The Applicant/Developer shall submit a water system analysis
showing pressures and elevations throughout the development,
subject to DSRSD review and approval.
76. Prior to issuance of grading permits, the Applicant/ Developer
shall submit to the City of Dublin Planning Director proof that
DSRSD requirements have been met.
IMPROVEMENT PLANS, AGREEMENTS AND SECURITY
77. The subdivider 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, or legislative body concerning a subdivision, which
action is brought within the time period provided for in Section
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66499.37 of the Government Code of the state of California. The
City of Dublin shall promptly notify the subdivider of any claim,
action, or proceedings and shall cooperate fully in the defense.
DEDICATIONS
78. Park land shall be dedicated or in-lieu fees shall be paid, or a
combination of both shall be provided prior to issuance of
building permits or prior to recordation of the Final Map,
whichever occurs first, in accordance with the Subdivision
Ordinance. The park land dedication required is approximately
2.887 acres (.011 acres per dwelling unit for single family
portion of the site and .009 acres per dwelling unit for multi-
family) .
OPEN SPACE/COMMON AREAS/LANDSCAPING
79. Maintenance of common areas including ornamental landscaping,
graded slopes, erosion control plantings and drainage, erosion
and sediment control improvements, retaining walls, and landslide
repair improvements shall be the responsibility of the developer
during COI\struction stages, and until final improvements are
accepted by the City, and the performance guarantee required is
released; thereafter, maintenance shall be the responsibility of
a Homeowner's Association, which automatically collects
mainter\ance assessments from each owner and makes the assessments
a personal obligation of each owner and a lien against the
assessed property.
80. street trees, of at least a Is-gallon size, shall be planted
along the street frontages. Trees shall be planted in accordance
with a planting plan, including tree varieties and locations,
approved by the Planning Director. Trees planted within, or
adjacent to, sidewalks or curbs shall be provided with root
shields.
81. prior to issuance of grading permit visually important trees
shall be tagged in the field for protection and preservation and
appropriately fenced subject to approval of the Public Works
Director.
DEBRIS/DUST
82. Measures sllall 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 of Dublin.
83. The 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 Public Works Director.
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~~~~
84. Areas undergoing grading and all other construction activities
shall be watered or other dust-palliative measures used to
prevent dust, as conditions warrant.
ARCHAEOLOGY
85. If, during construction, archaeological remains are encountered,
construction in the vicinity shall be halted, an archaeologist
consulted, and the City 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.
~
86. All materials and workmanship for fire hydrants, gated
connections, and appurtenances thereto, necessary to provide
water supply for fire protection, must be installed by the
developer and conform to all requirements of the applicable
provisions specified by the Dougherty Regional Fire Authority
(DRFA). All such work will be subject to the joint field
inspection of the Public Works Director and DRFA.
87. The developer shall comply with all applicable requirements of
DRFA including, but not limited to, those related to the
following:
a. Fire Trail Access,
b. Fire Buffer Zone,
c. Weed Abatement,
d. Fire Sprinklers in Structures outside the 1-1/2 mile
distance from the nearest fire station,
e. street Grades,
f. Fire Impact Fee,
g. Fire Hydrants, and
h. Roads
MISCELLANEOUS
88. Any relocation of improvements or public facilities shall be
accomplished at no expense to the City.
89. Copies of the project plans, indicating all lots, streets and
drainage facilities, shall also be submitted at 1" = 400' scale,
and 1" = 200' scale for City mapping purposes.
90. This property shall be annexed to the Street Lighting Maintenance
Assessment District No. 83-1.
91. All construction traffic may be subject to specific routing as
determined by the Public Works Director.
92. The Developer shall provide unit address information to the
satisfaction of DRFA, U.S. postal Services, and City of Dublin
Planning Department.
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PAGE~ OF33
-
93. All construction/grading activity at the site shall be restricted
to the hours between 7:30 a.m. and 5:30 p.m., Monday through
Friday, except as may be approved in advance in writing by the
Public Works Director.
94. In submitting subsequent plans for review and approval, 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 obtaining the approvals of all participating non-City
agencies prior to the issuance of building permits.
95. The Applicant/Developer shall work with the Applicant/Developer
of the adjacent property Hansen Hill/Bren Co. project site
Tentative Map 5962 to provide adequate access and utility
connections, to the satisfaction of Public Works Director.
96. Prior to issuance of grading plan the Applicant shall submit for
review and approval a site safety plan for protection of
construction worker. The Safety plan shall establish action
levels for personal protection identified through on-site air
monitoring in compliance with Alameda County Environmental Eealth
Services requirements.
97. Any materials excavated during construction and grading of the
site which contain chemical compounds shall not be reused on-site
unless acceptable remediation measures are complied with subject
to Public Works Director approval.
98. Temporary fencing shall be provided during construction for those
areas of riparian or oak/bay woodland habitat not intended to be
included in the construction or grading zones.
99. For any removed trees with a trunk diameter greater than 6 inches
at a height of 54 inches above ground, replacement trees should
be planted on-site and be of a similar native species on a 3 to 1
basis.
100. Replacement trees shall be at least a five gallon container stock
size. The large trees which will be removed shall be replaced
with bay trees at a size of at least ten gallon containers. A
maintenance program shall be established for the replacement
trees as necessary to provide fertilizer, pruning and protection
from browsing by deer and rabbits.
101. The creation of the new habitat corridor on Lot 1 as approved by
the California Department of Fish and Game shall be undertaken
prior to or at least concurrently with the project construction,
and shall consist of the minimum habitat widths and vegetation
types as preliminarily proposed. A contingency plan for
replanting of the corridor shall be developed in case the
original attempt fails. The new habitat corridor shall be
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rAGEgOF33
-
inspected on an annual basis to determine if the original
plantings are surviving and providing adequate wildlife habitat.
If necessary, new plantings shall be installed and maintained in
a manner consistent with the original plans.
102. Prior to undertaking any fill activities within the channel of
Donlan Canyon Creek or in adjacent wetlands, all necessary
permits shall be obtained from the California Department of Fish
and Game, and the US Army Corps of Engineers. All conditions of
these permits shall be implemented including those attached to
the Corps permit by the San Francisco Bay Regional Water Quality
control Board through its issuance of State water quality
certification. The Applicant shall submit verification that
necessary permits have been obtained to the satisfaction of the
Public Works Director.
103. The Applicant shall work with City Staff in the acquisition of
all or part of the one arce Parcel C.
BE IT FURTHER RESOLVED THAT THE city Council directs Staff to
work with the Applicant to facilitate, for the City's best interest,
the Applicant's acquisition of all or part of the one acre Parcel C.
PASSED, APPROVED AND ADOPTED this 25th day of June, 1990.
AYES:
councilmembers Hegarty, Jeffery, Snyder, Vonheeder and
Hayor Moffatt
NOES:
None
ABSENT:
None
/ . [Ji1i
/- )CU~/t OY{,' I
, t-l?t or
ATTEST: )
/-Jj' ,/ 1,/
\____) 1//1 /L ) 1 ,c (j~_
Ci ty\ Clerk.
'_ v
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