HomeMy WebLinkAboutItem 6.1 PrkSierraAptsPDRzn
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CITY CLERK
File # D~(5j[QJ-[3]~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 4,1997
SUBJECT:
EXHIBITS ATTACHED: 1)
2)
3)
4)
5)
.
RECOMMENDATION: 1)
rv/:2)
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5)
6)
7)
8)
FINANCIAL STATEMENT:
DESCRIPTION:
PUBLIC HEARING: Park Sierra Apartments Mitigated Negative
Declaration, General Plan Amendment and Planned Development
Rezone (pA 97-019) for an 8.9 ~cre site located on the west side of
Dougherty Road at the Southern Pacific Right-of-Way
(Report prepared by Jerry Haag, Consulting Planner)
6)
Land Use and Development Plan
Resolution adopting Mitigated Negative Declaration
Resolution adopting General Plan Amendment
Ordinance establishing Planned Development District
Resolution including Development Regulations and
Development Standards
Resolution approved by the Planning Commission on October
14, 1997, approving Site Development Review, which includes
the Conditions of Approval
Open public hearing
Receive staff presentation and public hearing
Close public hearing
Deliberate
Approve Mitigated Negative Declaration
Approve General Plan Amendment
Waive reading and introduce PD Ordinance
Approve Development Regulations and Development
Standards
No financial impact is anticipated.
Attached to this staff report is a Land Use and Development Plan (Exhibit 1), consisting of a site
plan, building elevations, conceptual landscape plan and related project details, a draft Resolution
adopting a Mitigated Negative Declaration for the Park Sierra project (Exhibit 2), a draft Resolution
adopting a General Plan Amendment changing the Land Use Designation from Medium Density
Residential to Medium-High Density Residential (Exhibit 3), a draft Resolution establishing
.
COPIES TO:
Shea Properties
PA File 97-019
6.1
ITEM NO.
ITE.M NO.
Development Regulations and Development Standards for the site (Exhibit 4) and a draft Ordinance.
establishing a new PD-Planned Development on the site (Exhibit 5).
The proposed Park Sierra apartment project would consist of 209 apartment rental dwellings
arranged in a linear fashion along the site. Buildings would be of three story construction, up to 40
feet tall.
Two parking spaces would be provided for each unit, with one space being an enclosed garage with
roll-up door. Recreational amenities would consist of a main recreational building with outdoor pool,
spa and deck. Individual units would have either ground-level patio spaces or balconies for upper
floor units. Access would be provided by a main project entrance at Dougherty Road with a
secondary access at Sierra Court, to the south and an emergency access to a Zone 7 service road
paralleling Alamo Creek west of the project site.
BACKGROUND
Site History
In May, 1996, the City Council had approved a General Plan Amendment on the site from "Light
Industrial" to "Medium Density Residential" to allow for a 92-unit single family development
project. A Site Development Review application and Vesting Tentative Subdivision Map was
approved by the Planning Commission in June, 1996. This project was not constructed and the
property was sold to Shea Properties, the current applicant.
.
Planning Commission Meeting
The Planning Commission, at their meeting of October 14, 1997, approved Resolutions
recommending City Council approval of the Mitigated Negative Declaration, General Plan
Amendment and PD Rezoning. Site Development Review was also approved for the proposed
development project, subject to the approval of the General Plan Amendment and Rezoning. The
Site Development Review Resolution 97-18 is attached as Exhibit 6.
ANALYSIS
EnvuonmenmlReriew
A Mitigated Negative Declaration has been prepared for the project, which focuses on land use
compatibility, hazards, noise, traffic, and schools in addition to all other items normally considered
in a Negative Declaration. A number of measures have been included within the document to ensure
that identified environmental impacts can be mitigated to levels of insignificance. The public review
period closed on October 31, 1997. .
2
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.
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General Plan Consistency
The proposed development project would be consistent with the General Plan, as amended, both in
terms of allowed density and type of development envisioned. The density of the project would be
23.5 dwellings per acre, consistent with the maximum allowed General Plan density of25 units per
acre. The Medium-High Density Residential category is intended to promote the development of
higher density apartment, condominium and townhouse type of housing, which is consistent with the
type of development proposed as part of the Park Sierra project.
Development Standards:
Development standards for the project have been provided in Exhibit 4, the Resolution approving the
General Provisions and Development Standards. These standards are also reflected directly on the
Land Use and Development Plan, so that the Council can see how these standards will be
implemented on the ground.
For standards which are not specifically addressed in the Planned Development, the standards
contained in the current City of Dublin Zoning Ordinance will be used.
Conclusion
Approval of the General Plan Amendment and associated Planned Development Rezoning will allow
the construction of higher density housing in the community, adjacent to a transportation corridor.
The Mitigated Negative Declaration will assure that potential hazards and other possible
environmental constraints can be successfully reduced to levels of insignificance.
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, deliberate, adopt Resolutions.
approving a Mitigated Negative Declaration and General Plan Amendment and waive the reading
and introduce an Ordinance establishing a Planned Development Zoning District for the site.
3
ELEV ^ liONS
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DOUGHERTY APARTMENTS
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DUBLIN, CA SHEA BUSINESS PROPERTIES
MAY 21, 1997 WALNUT, CA
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EXHIBIT
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PARK SIERRA APARTMENTS ENTRANCE
CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
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.
RESOLUTION NO. -97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
**************
ADOPTING A MITIGATED NEGATIVE DECLARATION FOR
P A 97-019, PARK SIERRA APARTMENT PROJECT, GENERAL PLAN
AMENDMENT, PD REZONING AND SITE DEVELOPMENT REVIEW
WHEREAS, Shea Properties has submitted applications to the City of Dublin requesting
approval of a General Plan Amendment, Planned Development Rezoning and Site Development
Review to allow the construction of 209 apartment units with parking, landscaping, recreational
facilities and other associated improvements in a PD Zoning District, generally located on the
west side of Dougherty Road at the former Southern Pacific Railroad tracks; and
.
WHEREAS, the California Environmental Quality Act (CEQA), together with State
Guidelines and City environmental regulations require that certain projects be reviewed for
potential environmental impacts and that environmental documents be prepared; and
WHEREAS, an Initial Study attached to this Resolution and incorporated by reference,
was conducted for this project with the finding that with the incorporation of mitigation measures
into the proposed project, there would be no significant effects on the environment; and
WHEREAS, a Mitigated Negative Declaration reflecting the independent judgment of the
City Council has been prepared for this application and is on file in the Dublin Planning
Department; and
WHEREAS, the Planning Commission did review and use their independent judgment to
recommend City Council approval ofthe Mitigate Negative Declaration by Resolution No. 97-21
at a public hearing held on October 14, 1997; and
WHEREAS, the Dublin City Council did review and by Resolution No. consider the
Mitigated Negative Declaration at a public hearing held on November 4, 1997; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Mitigation Monitoring and Reporting Program has been prepared for this
project and is attached to this Resolution and incorporated by reference; and
.
EXHIBIT ~
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does .
hereby find that:
A. The Park Sierra Apartment project application will not have a significant effect on the
environment with the application of identified mitigation measures, based on a review of the
Initial Study and public testimony.
B. The Mitigated Negative Declaration has been prepared in accordance with State and
local environmental laws and guideline regulations.
C. The Mitigated Negative Declaration is complete and adequate.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City Council of the
City of Dublin does hereby adopt the Mitigated Negative Declaration for PA 97-019, Park Sierra
Apartment Project.
PASSED, APPROVED and ADOPTED this 4th day of November, 1997.
AYES:
NOES:
.
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:pa970919/ccnd
.
2
.
RESOLUTION NO. -97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
*******************
APPROVING A GENERAL PLAN AMENDMENT FOR P A 97-019,
P ARK SIERRA APARTMENT PROJECT, .SHEA PROPERTIES
WHEREAS, Shea Properties has submitted a request to the City of Dublin to amend the
Land Use and Circulation Map ofthe General Plan, changing the land use designation from
"Medium Density Residential" to "Medium-High Density Residential" for an 8.9 acre site
generally located on the west side of Dougherty Road at the former Southern Pacific Railroad
tracks; and
.
WHEREAS, the Medium-High Density Residential land use category permits apartments,
condominiums and higher intensity housing at ranges between 14.1 and 25.0 dwellings per acre;
and
WHEREAS, a Mitigated Negative Declaration was adopted by the City Council by
Resolution No. on November 4, 1997, for this application and is on file in the Dublin Planning
Department and has been recommended for City Council adoption; and
WHEREAS, the Planning Commission did hold a public hearing on the General Plan
Amendment request on October 14, 1997, with proper notice given in all respects as required by
law; and
WHEREAS, the Planning Commission did recommend City Council approval of the
requested General Plan Amendment by Resolution No. 97-21, adopted October 14, 1997; and
WHEREAS, the City Council held a public hearing on the General Plan Amendment
request on November 4, 1997; and
WHEREAS, the City Council did hear and use their independent judgment and considered
all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby find that:
.
EXHIBIT 3
A. Proper environmental documentation has been prepared on the proposed General Plan .
Amendment in accord with the California Environmental Quality Act.
B. The proposed ch~ge of land use designation for the site is in the public interest and is
consistent with all other goals, policies and implementing programs set forth in the Dublin
General Plan.
C. The proposed General Plan Amendment will not have a substantial adverse affect on
health or safety or be substantially detrimental to the public welfare or be injurious to property or
public improvement; and .'
WHEREAS, a staff report has been prepared for this project by the Dublin Community
Development Department, summarizing the project.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City
Council does hereby approve a General Plan Amendment, changing the land use designation for
property generally described as APN 941-0205-006-10 from "Medium Density Residential" to
"Medium-High Density Residential," as indicated on Exhibit 1, incorporated by reference into
this resolution.
PASSED, APPROVED and ADOPTED this 4th day of November, 1997.
.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:pa97-0 19/ccgpares
.
2
ORDINANCE .NO. -97
.
AN ORDINANCE OF THE CITY OF DUBLIN
************
AMENDING THE Z01\TJNG ORDINANCE TO PERMIT THE REZONING OF
PROPERTY LOCATED WEST OF DOUGHERTY ROAD ALONG THE SOUTHERN
PACIFIC RIGHT OF WAY (APN 941-0205-006-010)
The City of Dublin does ordain as follows:
Section 1:
Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following
manner:
.
Approximately 8.9 acres ofland generally located on the west side of Dougherty Road,
along the Southern Pacific Right-of-Way, east of Alamo Creek, more specifically described as
Assessor's Parcel Number 941-02025-006-010, is hereby rezoned from the Planned Development
Single Family Residential District (92 dwelling units) to the Planed Development Multi-family
Residential District (209 dwelling units), as shown on Exhibit A (Planned Development Plan)
and Exhibit C (Resolution No. -97, Approving and Establishing Findings, General Provisions
and Conditions of Approval), exhibits to the staff report dated November 4, 1997, to the City
Council, on file with the City of Dublin Department of Community Development, and hereby
adopted as the regulations for the future use, improvement and maintenance of property within
the PD District.
A map of the rezoning area is shov,rn below:
.
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EXHIBIT 4
. .
. C~!
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PD . i
p,..,e5-032 I
I ; I
Section 2:
This ordinance shall take effect and be enforced thirty (30) days from and after its passage. .
Before the expiration of fifteen (15) days after its passage, it shall be published once, with the
names of the Councilmembers voting for and against same, in local newspaper published in
Alameda County and available in the City of Dublin.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning
Commission does hereby recommend City Council adoption of the Mitigated Negative
Declaration for PA 97-019, Park Sierra Apartment Project.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 4th day of
November, 1997, by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
.
Mayor
ATTEST:
City Clerk
.
2
.
RESOLUTION NO. -97
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN
*************
APPROVING AND ESTABLISHING FINDINGS AND GENERAL
PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING CONCERNING
P A 97-019, PARK SIERRA APARTMENT PROJECT, SHEA PROPERTIES
WHEREAS, Shea Properties has requested approval of a Planned Development Rezoning
from the Planned Development (single family residential) to the Planned Development (multi-
family residential) District to establish General Provisions and Development Regulations for a
residential development consisting of209 apartment units on approximately 8.9 acres ofland
generally located on the west side of Dougherty Road at the former Southern Pacific Railroad
tracks (APN 941-0205-006-10); and
.
WHEREAS, a completed application for a Planned Development Rezoning is available
and on file in the Dublin Planning Department; and
WHEREAS, the project was submitted and was deem complete under the Permit
Streamlining Act prior to the effective date of the new Zoning Ordinance; and
WHEREAS, a Mitigated Negative Declaration has been adopted for this project with the
finding that with the implementation of mitigation measures contained in the Mitigated Negative
Declaration, there will be no significant environmental impacts; and
WHEREAS, the Planning Commission did hold a public hearing on said application on
October 14, 1997, with proper notice of said hearing was given in all respects as required by law;
and
WHEREAS, the Planning Commission has recommended approval of the Planned
Development Rezone, General Provisions and Development Regulations by Resolution No. 97-
22; and
WHEREAS, the Planning Commission conditionally approved a Site Development
Review application for the Park Sierra project on October 14, 1997 by Resolution No.97-18; and
.
WHEREAS, at their November 4, 1997, meeting, the Dublin City Council approved a
General Plan Amendment to Medium High Density Residential for this property, by Resolution
No. ; and
EXHiBIT 5
WHEREAS, the City Council held a public hearing on said application on November 4,
1997, with proper notice of said hearing given; and
.
WHEREAS, the City Council did hear and use their independent judgment and considered
all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does
hereby make the following findings and determinations regarding said proposed Planned
Development Rezone:,
I. The Planned Development rezone, as conditioned, is consistent with the general
provisions, intent and purpose of the PD District Zone of the Zoning Ordinance and the General
Plan. The Planned Development Zone will be appropriate for the subject property in terms of
providing General Provisions which set forth the purpose, applicable provisions of the Dublin
Zoning Ordinance, range of permitted and conditionally permitted uses and Development
Standards, which will be compatible with existing commercial, industrial and residential uses in
the immediate vicinity, and will enhance development of the general area; and
2. The Planned Development Rezoning will not have a substantial adverse effect on
health or safety or be substantially detrimental to the public welfare or be injurious to property or .
public improvement as all applicable regulations will be met; and
3. The Planned Development Rezoning will not overburden public services or
facilities as all agencies have commented that public services are available; and
4. The Planned Development Rezoning will be consistent with the policies of the
Dublin General Plan designation of Medium-High Density Residential since the project would
allow development within the density range allowed by this General Plan land use category; and
5. The Planned Development rezoning will create an attractive, efficient and safe
environment though Conditions of Approval; and
6. The Planned Development Rezoning will benefit the public necessity,
convenience and general welfare and is in conformance with applicable provisions of the Dublin
Zoning Ordinance; and
7. The Planned Development Rezoning will be compatible with and enhance the
general development of the area because it will be developed pursuant to Conditions of Approval
and site development review; and
8. The Planned Development Rezoning will provide an environment that encourages .
the efficient use of common areas as well as resources.
2
.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City
Council does hereby approve a Planned Development Rezoning, including the following General
Provisions and Development Standards for P A 97-019, Park Sierra Apartments, which constitute
regulations for the use and improvements of an 8.9 acre parcel generally described as APN 941-
0205-006-10.
GENERAL PROVISIONS AND DEVELOPMENT STANDARDS
GENERAL PROVISIONS
A. Purpose
This approval is for a Planned Development (PD) District for PA 97-019, Park Sierra
Apartments. This PD District Rezone includes a Land Use and Development Plan, which is
represented by materials labeled Exhibit A, stamped "approved" and on file in the Dublin
Planning Department, which includes a Site Plan and Elevations prepared by Thomas P.
Cox, Architect, dated Received October 3, 1997, and a Conceptual Landscape Plan
prepared by Don Rose and Associates dated received October 3, 1997, and a Preliminary
Grading and Utility Plan, prepared by Ruggeri-Jensen and Associates, dated received
October 3, 1997. The PD District allows the flexibility needed to encourage innovative
development while ensuring that the goals, policies and action programs of the General
Plan are implemented.
.
B. Dublin Zonin~ Ordinance-Applicable Requirements
Unless as specifically modified by the provisions of the Land Use and Development Plan,
all applicable and general requirements and procedures of the Dublin Zoning Ordinance
shall apply.
C. General Provisions and Development Standards
1. Intent: This Planned Development is to be established to provide for and regulate the
development of the Park Sierra Apartment project. Development shall be generally
consistent with the Land Use Development Plan. This approval rezones 8.9 acres of
land currently zoned Planned Development (PD)-Single Family to Planned
Development (PD)-Multi-Family.
2. PD Multi-Family Residential
Permitted Uses: The following principal uses are permitted for this project:
A. Residential development limited to:
1. Apartments, condominiums and townhouses
2. Private recreational facilities associated with a multi-family development
.
3
Prohibited Uses: The following uses are prohibited within this project:
.
1. Field crops
2. Orchards
3. Plant Nurseries
Conditional Uses: All conditional uses in the R-4 District are conditional uses in the
PD Multi-family Residential District with the exception of the prohibited uses listed
above,
3. Setbacks and Yards
Development Standards: Development standards within the PD Multi-family District
are as follows:
Development Standard
Building Site
PD'l\fulti;'family District/L.~nd
Use and Development Plan'
Per Land Use and
Development Plan
Yards/Setbacks
Front
20 feet (may include required
noise barrier)
.
Rear
20 feet
Side
12 feet
Building Height
Lot Coverage
40 feet
Per Land Use and
Development Plan
PLANNED DEVELOPMENT REZONE CONDITIONS OF APPROVAL
Unless otherwise stated. all Conditions of ApprovaL includinQ Conditions of Approval for the
Site Development review application. shall be complied with prior to final occupancv of any
building: and shall be subiect to PlanninQ Department review and approval. The followinQ codes
represent those departments/aQencies responsible for monitorinQ compliance with the Conditions
of Approval: rPLl PlanninQ. rBl Building:. [POl Police. rPWl Public Works. rADMl
Administration/City Attorney. rpCSl Parks and Community Services. (FINl Finance. rFl Fire.
rDSRl Dublin San Ramon Services District. rCol Alameda County Flood Control and Water
Conservation District Zone 7.
.
4
.
1. The Land Use and Development Plan is conceptual in nature. No formal amendment of this
PD Rezone shall be required so long as the materials submitted for the Site development
Review are in conformance with the PD Rezone. The Community Development Director
shall determine conformity or non-conformity and appropriate procedures for modifying
this PD Rezone (i.e., staff approval, Planning Commission approval of a Conditional Use
Permit, etc.). Major modifications or revisions not found to be in substantial conformance
with this PD Rezone shall require a new PD Rezone. [PL]
2. Additions to residences in the project are prohibited.[pL]
3. Prior to issuance of building permits, a General Plan Amendment shall be approved by the
City Council, changing the land use designation of the site to Medium-High Density
Residential. [PL]
PASSED, APPROVED and ADOPTED this 4th day of November, 1997.
AYES:
.
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:pa97-0 19/ccpdreso
.
5
RESOLUTION NO. 97-18
.
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING SITE DEVELOPMENT REVIEW FOR P A 97-019,
PARK SIERRA APARTMENT PROJECT, SHEA PROPERTIES
WHEREAS, Shea Properties has requested approval of a Site Development Review
consisting of209 apartment units and related improvements on approximately 8.9 acres of land
generally located on the west side of Dougherty Road at the former Southern Pacific Railroad
tracks (APN 941-0205-006-10); and
WHEREAS, a completed application for Site Development Review is available and on file
in the Dublin Planning Department; and
WHEREAS, a Mitigated Negative Declaration has been prepared for this project with the
finding that with the implementation of mitigation measures contained in the Initial Study, there .
will be no significant environmental impacts; and
WHEREAS, the Planning Commission did hold a public hearing on said application on
October 14, 1997; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted recommending that the Planning Commission
approve the Planned Development Rezone subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission
does hereby make the following findings and determinations regarding said proposed Site
Development Review:
1. Approval of this application (P A 97-019) is consistent with the intent and purpose
of applicable provisions of the Dublin Zoning Ordinance.
.
EXH'6iT b
.
2. The approval of this application, as conditioned, will comply with the policies of
the General Plan as proposed for amendment to the Medium-High Density Residential, since it
will allow development within the density range allowed under the Medium-High Density
Residential Land Use Designation of the General Plan and will not become effective until after
the General Plan Amendment is effective.
3. The approval of this application, as conditioned, will comply with the proposed
Planned Development Regulations for the project, which will allow for residential development
at this location.
.' .\
4. The approval of this application, as conditioned, is consistent with the design
review requirements contained in the Dublin Zoning Ordinance.
5. The approval of this application, as conditioned, is in conformance with regional
transportation and growth management plans.
6. The approval of this application, as conditioned, is in the best interests of the
public health, safety and general welfare as the development is consistent with all laws and
ordinances of the City of Dublin and implements the General Plan, as proposed for amendment.
.
7. The proposed site development, including site layout, vehicular access, circulation
and parking, setbacks, height, walls, public safety and similar elements, as conditioned, has been
designed to provide a desirable environment for the development.
8. Architectural considerations, including the character, scale and quality of the
design, the architectural relationship with the site and other buildings have been incorporated into
the project and as Conditions of Approval in order to ensure compatibility of this development
with the development's design concept and character of surrounding uses.
9. Landscape considerations, including the location, type, size and coverage of plant
materials and similar elements have been considered to ensure visual relief and screening of
potentially negative elements.
.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning
Commission hereby conditionally approves a Site Development Review application as generally
depicted by materials labeled Exhibit A, stamped "approved" and on file in the Dublin Planning
Department, which includes a Site Plan and Elevations prepared by Thomas P. Cox, Architect,
dated Received October 3, 1997, and a Conceptual Landscape Plan prepared by Don Rose and
Associates dated received October 3, 1997, and a Preliminary Grading and Utility Plan, prepared
by Ruggeri-Jensen and Associates, dated received October 3, 1997, for PA 97-019, Park Sierra
Apartments, which constitute regulations for the use and improvements of an 8.9 acre parcel
2
generally described as APN 941-0205-006-10. The following conditions of approval are
attached to this approval:
.
CONDITIONS OF APPROVAL
Unless otherwise stated. all Conditions of Approval shall be complied with prior to final
occupancy of any building and shall be subiect to Planning Department review and approval. The
following codes represent those departments/agencies responsible for monitoring compliance
with the Conditions of Approval: [PL] Planning. [B] Building. [PO] Police. [PW] Public Works.
[ADM] Administration/City Attorney. [FIN] Finance. [pCS] Parks and Community Services. [F]
Fire. [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control and
water Conservation District Zone 7.
The following abbreviations apply in the "When Required" column: BP/Building Permit;
IMPROV/Engineering Improvement plans; On-going/Throughout project; GR/Grading Permit;
CON/Construction, OCC/Occupancy
1
General Conditions
Approval of the Site Development Review is valid for one
(1) year, until October 14, 1997. If construction has not
commenced by that time, this approval shall be null and
void. The approval period may be extended for six (6)
additional months by submitting a written request for
extension prior to the expiration date to the Community
Development Director. Any extension will be based on a
determination that the conditions of approval remain
adequate to assure that the stated findings of approval will
continue to be met.
The Developer shall comply with all applicable City of
Dublin Development Site Review Standard Conditions
and City of Dublin Residential Security requirements.
The Developer/developer shall sign and submit a copy of
the City of Dublin Standard Plan, Material and
Maintenance Agreement prior to the occupancy of any
unit.
2
3
3
iRespon..\'\Yheii.........
.Ng~ri~y(~).( Retlitit~d<
.
PL
On-going
PL
On-going
PL
OCC
.
.
4 All transformers, irrigation control boxes, backflow PL BP
devices, valves, and similar appurtenances shall be
enclosed in vaults, fencing and/or painted out or
landscaped, as determined acceptable by the Community
Development Director. The location of these items shall
be indicated on the final landscape plans
5 The Developer shall comply with all mitigation measures PL On-going
adopted as part of the Mitigated Negative Declaration for
this project as well as the Mitigation Monitoring and
Reporting Plan. .,
6 The Developer shall comply with all applicable Fire PL On-going
Department, Public Works Department, Police Service,
Alameda County Flood Control District 7 and Dublin San
Ramon Services District requirements. Prior to the
issuance of building permits or the installation of any
improvements related to this project, the Developer shall
supply written statements from each such agency or
department to the Planning Department, indicating that all
applicable conditions required have or will be met.
7 The developer shall defend, indemnify and hold harmless PL On-going
the City of Dublin and its agents, officers and employees
from any claim, action, or proceeding to attack, set aside,
void, annul, an approval of the City of Dublin or its
advisory agency, appeal board, Planning Commission,
City Council, Community Development Director, Zoning
Administrator, or any other department, committee or
agency of the City concerning the proposed development;
provided, however, that the developer's duty to defend,
indemnify, hold harmless shall be subject to the City's
promptly notifying the permittee of any claim, action or
proceeding and the City's full action or proceedings.
8 This permit shall be revocable for cause in accordance PL On-going
with applicable sections of the Dublin Zoning Ordinance.
Any violation of the term or conditions of this Site
Development Review may be subject to the issuance of a
citation.
9 The developer shall provide all units with cable TV and PL BP
telephone connections.
.
.
4
10 To apply for building permits, the Developer shall submit B BP
six (6) sets of construction plans to the Building
Department for plan check. Each set of plans shall have
attached an annotated copy of these Conditions of
Approval. The notations shall clearly indicate how all
Conditions of Approval will or have been complied with.
Construction plans will not be accepted without the
annotated resolutions attached to each set of plans. The
Developer will be responsible for obtaining the approvals
of all participating non-City agencies prior to the issuance
of building permits.
11 If occupancy is requested to occur in phases, then all PL BP
physical improvements within each phase shall be
required to be completed prior to the occupancy of units
within that phase, except for items specifically excluded
in an approved Phased Occupancy Plan, or minor hand
work items, approved by the Planning Department. A
Phased Occupancy Plan shall be submitted for
Community Development Director review and approval a
minimum of 45 days prior to the request for occupancy of
any unit covered by said Phased Occupancy Plan. Any
phasing shall provide for adequate vehicular access to all
buildings in each phase and shall substantially conform
with intent and approval of the Site Development Review
approval. No individual building shall be occupied until
the adjoining area is finished, safe, accessible, provided
with all reasonably expected services and amenities and
separated from remaining construction activity. Subject to
the approval of the Community Development Director,
the completion of landscaping may be deferred due to
inclement weather with the posting of a bond for the
value of the deferred landscaping and associated
improvements.
.
.
.
5
.
.
.
12 The Developer shall have a special rentaVlease disclosure PL BP
with the wording approved by the Planning Department.
The disclosure form will be used as a required disclosure
for future tenants indicating the presence of possible
hazards. The disclosure statement shall describe:
A. The close proximity of industrial uses immediately
south of the site and loud noises may be generated during
early morning and late evening hours related to industrial
operations; , .,
B. The industrial area may generate dust and odors;
C. The presence of a high pressure underground
petroleum pipeline north of the site;
D. Phased development with continued construction
activity until project completion may cause noise and
dust.
E. Presence of a water treatment facility east of the site.
13 A final lighting plan shall be submitted to the City for PL, PO, PW BP
approval, demonstrating that the entire area will be
adequately illuminated. Photometrics and lighting plans
for the site shall be submitted to the Planning and Police
Departments for review and approval prior to issuance of
building permits,
14 All soundwalls and other noise attenuation measures, as PL,B OCC
identified in the Edward L. Pack Report, shall be in place
15 All wall and fence heights shall be designed to ensure PW BP
clear vision at all street intersections to the satisfaction of
the Director of Public Works
6
16 Prior to the final occupancy of any unit, the unit shall
meet minimum health, design and safety standards,
including but not limited to the following:
A. The project entrance and all interior roadways and PW OCC
driveways shall be complete to allow for safe traffic
movement to and from residential units.
B. All traffic signing and striping shall be in place. PW OCC
.,
C. All street lights and interior access and parking area PW OCC
lighting shall be energized and functioning. [PW]
D. All repairs to street, curb, gutter and sidewalk which PW OCC
may create a hazard shall be required or any non-hazard
repair shall be complete or bonded for. [PW]
E. Back-lit illuminated house address numbers shall be PL,B OCC
provided. [pL, F]
F. Final site grading shall be approved by the Building B,PW OCC
Department. [B]
G. All sewer clean-outs, water meter boxes and other PW,B OCC
utility boxes shall be set to grade, to the approval of the
Director of Public Works. [PW]
H. Dwellings shall have received all necessary B,F OCC
inspections and have fInal approval by the Building
Department to allow occupancy .[B]
1. All fire hydrants in streets providing access to the PW,F OCC
homes shall be operable to Public Works and Fire
Department satisfaction. [pW, F]
J. All mail-box units shall be located at back of curb. B,PL OCC
K. Exterior lighting shall be provided for stairwells and B,PL OCC
dwelling entrances and shall be of a type and placement
so as not to cause glare on to adjoining properties or the
Iron Horse Trail. [B, PL]
L. Lighting used after daylight hours shall be adequate to B,PL,P OCC
provide for security needs.
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17 The provisions of the City's Inclusionary House PL BP
Ordinance shall be satisfied. A written statement shall be
provided to the Planning Department prior to issuance of
building permits, indicating the methods to be used to
comply with the Ordinance. If fees are to be paid, they
shall be paid prior to issuance of building permits.
18 Construction of the proposed project is contingent on PL GR
approval of a General Plan Amendment on the site to
"Medium-High Density Residential" and approval of a
PD Planned Development Rezone.
19 Automatic garage door openers shall be provided for all PL,B OCC
garage units and shall be of a "roll up" type. Garage doors
shall not intrude into public rights-of-way or parking
areas.
Fees
20 Prior to the issuance of building permits, the Developer PL, B, PW BP
shall comply with and/or pay all applicable connection
fees and development fees (plus annual increases) in
effect at the time of building permit issuance. This
includes but is not limited to traffic impact fees, regional
traffic impact fees, inclusionary housing requirements and
building permit fees. The traffic fee for the project is
estimated to be $929,853, based on the project traffic
study dated July 10, 1997.
21 The developer shall pay a Public Facility Fee in the B BP
amounts and times specified by Resolution No. 32-96,
plus any annual increases., or as may be amended by
future resolutions.
22 Prior to issuance of building permits, the Developer shall B BP
pay fees as required in the agreement between the Shea
Properties and Dublin Unified School District to mitigate
all impacts to the District as a result of this project.
23 Prior to the issuance by the City of any building permit, DSR BP
all utility connection fees, plan checking fees, inspection
fees, permit fees and fees associated with a wastewater
discharge permit shall be paid to DSRSD in accord with
the rates and schedules established in the DSRSD Code.
No sewer line or water line construction shall be
permitted unless the proper utility construction permit has
been issued by DSRSD. A construction permit will only
be issued after all of the items referenced in this condition
have been satisfied.
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Public Works: Engineering improvements noted below
shall be constructed prior to occupancy of any unit,
unless an exception is granted by the City Engineer
24 The Developer shall provide a dedicated 12' right turn PW BP
lane and a 5' bike lane with a minimum dimension of 200
feet and a 90' transition to the entrance road off
southbound Dougherty Road. To access the project
development from northbound lanes on Dougherty Road,
the Developer shall provide at least 200 feet of 12' wide
left turn lane storage and a 120' transition. All lane .\
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transitions shall be designed to a maximum design speed
of 55 miles per hour. Preliminary and final designs shall
be reviewed and approved by the City Engineer.
25 One secure bicycle storage facility shall be provided at PW OCC
ground level for each building. The location, number and
type of storage equipment shall be approved by the
Community Development Director and City Engineer.
26 The project shall provide for direct access for pedestrians PW,PL OCC
and bicyclists from the site to Alamo Creek by concrete
walk and gate. The new walk and gate shall be
coordinated with the Alamo Creek path improvement
project and shall be subject to the review and approval of
the City Engineer.
27 Layout and design of the project parking striping, drive PW GR
aisles and sidewalks of the site shall be configured to
maximize safety, circulation, convenience and sight
distance per City of Dublin standards. Detailed,
dimensioned plans shall be approved by the City Engineer
prior to issuance of grading plans.
28 Adequate access and turnaround for fire and other PW,F GR
emergency vehicles shall be provided per the Fire
department. Internal streets and drive aisles shall be
designed for fire and other emergency vehicles to
conveniently pass through and have access to all
buildings. Layout and design of internal roadways and
drive aisles shall be approved by the Fire Department and
City Engineer prior to issuance of grading permits.
29 Security gates shall be constructed on the private section PW OCC
of the entrance drive to provide adequate storage for
incoming vehicles without queuing onto the public
section of the entrance road.
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30 The Developer shall dedicate and improve to City PW BP
standards a minimum 20' wide maintenance/emergency
vehicle access from the existing east top of bank of
Alamo Creek drainage channel per Zone 7 and Fire
Department standards. A "vee" ditch shall be provided
along the east side of the access area to collect and
transport surface drainage to an inlet and into the creek.
31 The Developer shall dedicate an access easement to the PW GR
Dublin Housing Authority a minimum 175'long by 32'
wide street extension of Scarlett Drive from Dougherty
Road that will provide adequate access to the site and
accommodate potential joint use with the future
development to the north. The layout and design of street
improvements shall align with future Scarlett Drive
extension to the east and shall be reviewed and approved
by the City Engineer prior to street dedication and grading
permit issuance. The Developer shall provide a layout
32 No parking shall be allowed along both sides of PW OCC
Dougherty Road and the entrance road to the site. The
Developer shall prepare a detailed signage plan of
improved portions of Dougherty Road for review and
approval of the City Engineer.
33 The Developer shall widen Dougherty Road for a right PW OCC
turn lane and left turn pocket into the project. The
applicant shall construct a roadway shoulder along the
easterly side of Dougherty Road from the entrance to
Camp Parks to the extended southerly lot line of the
project to the easterly face of curb. These improvements
shall extend to the existing eastern right-of-way line.
They shall be constructed as part of this project and shall
be approved by the City Engineer. In addition, the
northbound lanes of Dougherty Road shall be overlaid
with asphalt concrete. Any additional ultimate
improvement shall be subject to offset credits to the
Traffic Impact Fee of the cost of those fees, subject to the
approval of the Public Works Director.
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34 The Developer shall install a signal for traffic control into PW OCC
and out of the project site. The design and installation of
the signal and shall be the responsibility of the Developer
and is subject to approval of and acceptance by the City
Engineer. One-third of the cost of the installation shall be
the responsibility of the developer and two-thirds will be
a fee credit, not to exceed the cost of traffic impact fees.
35 The developer shall improve and install a 20' wide PW OCC
roadway and dedicate a 22' private and emergency vehicle
access easement from Sierra Court into the project site.
Street improvements shall be designed to City standards
and include 3' valley gutters on both sides of the
roadway. Access shall be restricted by means of an
electronic-sensored gate or alternative gate approved by
the Fire department and Public Works Director. The gate
shall allow residents to exit the site with emergency
vehicles capable of entering and exiting the site. The
developer shall provide all necessary rights and
agreements to secure this easement from any and all
adjacent property owners and submit such easement to the
City for approval prior to issuance of a building permit.
36 The developer shall reconstruct the structural section of PW OCC
the previous railroad crossing of Dougherty Road located
at the project frontage to the satisfaction of the Public
Works Director.
37 The access driveway for the DSRSD facility along PW OCC
Dougherty Road shall be constructed to the satisfaction of
the Director of Public Works.
38 The developer shall construct pedestrian railing to current PW OCC
code standards on both sides of the northernmost existing
Alamo Creek bridge.
39 The developer shall dedicate required creek right-of-way PW GR
to Zone 7.
40 Overall drainage patterns shall not be changed by the PW GR
construction of this project. Pinal pipe sizes, slopes,
depths and similar shall be based on final design
calculations and shall be subject to approval of the City
Engineer.
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41 The developer shall submit to the City Engineer for PW GR
review of a drainage study to determine the existing
capacity of the existing drainage facilities in Dougherty
Road, proposed system and possible mitigation measures
for downstream facilities as a result of the increase in
runoff. The developer shall comply with all mitigation
measures determined by the City Engineer to be required
to correct any deficiencies noted in the approved study.
42 The developer shall obtain required permits from PW GR
Alameda County Zone 7 and the California Department
of fish and Game to discharge and construct drainage
improvements within the creek area.
43 The drainage swale along the northerly property line shall PW GR
be designed and constructed by the developer to drain the
bikepath area.
44 The Developer shall secure all utilities, including but not PW BP
limited to domestic fresh water, electricity, phone, cable
television and other required utility services as may be
necessary to provide for the proper clean, and safe
functioning of the development site, into the site subject
to the requirements and specifications of he agency
having jurisdiction over the respective utilities.
45 The Developer shall dedicate a 25 I wide Public Services PW BP
Easement and an Emergency Vehicle Easement across the
property .
46 The Developer shall conform with all City Standard PW On-going
Conditions of Approval, revised September, 1997,
attached.
Public Safety
47 DSRSD standard steamer (1-4-1/2" and 1-2-1/2" outlet) F BP
fire hydrants are required. Fire hydrant locations shall be
marked in the filed by installing "blue dot" markers
adjacent to the hydrant, 6" off-center from the middle of
the street.
48 Access to open spaces and fire trails shall be provided F BP
which may be obstructed by new development.
49 Fire apparatus roadways shall extend within 150-ft. ofthe f On-going
most remote exterior wall of any building.
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50 Fire apparatus roadways must have a minimum F OCC
unobstructed width of 20 feet and an unobstructed vertical
clearance of at least 13 feet, 6 inches. Roadways under 36
feet in width shall be posted with signs and shall have red
curbs painted with labels on one side; roadways under 28
feet in width shall be posted with signs and shall have red
curbs painted with labels on both sides of the street as
follows: "NO STOPPING FIRE LANE-CVC 22500.1."
51 Fire apparatus roadways shall be capable of supporting F BP
the imposed weight of fire apparatus and must be .,
provided with an all weather driving surface. Only paved
surfaces are considered all weather driving surfaces.
52 Maximum grade for fire apparatus roadway is 20%. F BP
Grooved concrete or rough asphalt shall be provided for
grades over 15%.
53 Fire apparatus roadways in excess of 150 in length shall F BP
make provision for approved apparatus turn around.
54 Fire apparatus roadways must be installed and fIre F BP
hydrants in service prior to the commencement of
combustible framing. Prior to commencement of framing,
the Fire Department shall be contacted to schedule an
inspection of roadways and hydrants.
55 A weed abatement program shall be provided before, F On-going
during and after construction for vegetation within 10 feet
from combustible construction and 30 feet from street and
property lines.
56 Temporary access roads at construction sites may be F On-going
permitted in accord with Article 87 UFC 1994; however,
permission for temporary access roads must be by Fire
Department permit.
57 Prior to issuance of a building permit, a full set of F BP
building plans must be submitted to the Fire Department,
Fire Prevention Bureau, for review and approval.
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58 An inventory statement (HMIS) for any and all hazardous F GR
materials, including Material Safety Data Sheets, shall be
supplied to the Fire Department, Fire Prevention
Division, for approval of process and storage. Additional
Contra Costa County and Alameda County
Environmental Health Agency requirements, including a
business emergency plan and hazardous materials
management plan shall be required.
59 All construction equipment, machinery and devices with F On-going
internal combustion engines shall be equipped with' '
approved spark arrestors while operating in the project
area. This condition shall be added to construction
specifications.
60 Approved building numbers and/or addresses shall be F OCC
placed on new buildings. Addresses shall be plainly
visible and legible from the street or fronting property.
Said numbers shall contrast with their background.
61 Approved spark arrestors shall be installed on each F BP
chimney, flue/vent used for fireplaces and heating
appliances in which solid or liquid fuel is used. This
condition shall be added to construction specifications.
62 Approved smoke detectors shall be installed per current F BP
UBC standards. This condition shall be added to
construction specifications.
63 Any and all gates across Fire Department accessways F OCC
shall have a minimum of 12 foot clear, unobstructed
linear width and a clear vertical height of 13 feet, 6
inches. All locking devices shall provide for Fire
Department emergency access. Gate plans shall be
approved by the Fire Prevention Division prior to
construction.
64 All driveway access shall meet Fire department standards F OCC
for distance, weight loads, grades and vertical clearance.
65 For buildings 35 feet and over in height above natural F BP
grade, the required access roadway shall be a minimum of
26 feet in width and shall be positioned parallel to at least
one entire side of the building and shall be located with a
minimum of 15 feet and a maximum of25 feet from the
building
66 Adjacent to fIre hydrants, access roadways shall be a F BP
minimum of 28 feet in width at least 20 feet in both
directions from the fire hydrant.
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67 An approved automatic fire sprinkler system shall be F BP
installed throughout. Sprinkler systems serving more than
100 heads shall be monitored by an approved central
station, U.L. listed and certified for fire alarms
monitoring. A copy of the U.L. listing must be provided
to the Fire Department. Sprinkler plans, specifications and
calculations shall be submitted to the Fire Department
prior to installation. A separate review fee will be
collected for this purpose.
68 Prior to installation, plans and specifications for the ., F BP
underground fire service line shall be submitted to the
Fire Department for approval.
69 Prior to the installation of the ceiling or any other F CON
concealment of overhead piping, the Fire Department
shall be contacted for an inspection.
70 The sprinkler system shall incorporate a landscape F BP
irrigation control system.
71 Final acceptance of the fire sprinkler system will be F OCC
contingent on a main drain test at the time of final
occupancy to verify adequate flow and pressure. Water
supply deficiencies must be corrected by the contractor
prior to final acceptance.
72 Welded pipe fittings are subject to field inspection prior F CON
to installation.
73 If CVPC/polybutelene pipe is to be used, contact the Fire F BP
Department for additional requirements.
74 A Knox Box key lock system is required for this building. F BP
75 Three emergency access points (gates) shall be provided F BP
within the fence/wall along the northerly side of the
project. The precise locations shall be approved by the
Fire department.
DSRSD
75 Prior to the issuance of building permits, complete DSR BP
improvements shall be submitted to DSRSD confirming
with the requirements of the DSRSD Code, "Standard
Procedures, Specifications and Drawings for Design and
Installation of Water and Wastewater Facilities," all
applicable DSRSD Master Plans and DSRSD policies.
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76 All mains shall be sized to provide sufficient capacity to DSR BP
accommodate future flow demands in addition to each
development project's demand. Layout and sizing of
mains shall be in accord with DSRSD utility master
planning.
77 Sewers shall be designed to operate by gravity flow to DSR BP
DSRSD's existing sanitary sewer system. Pumping of
sewage is discouraged and may be allowed under extreme
circumstances following a case-by-case review with
DSRSD. Any pumping station shall require specific, '
review and approval by DSRSD of preliminary design
reports, design criteria and final plans and specifications.
The DSRSD reserves the right to require payment of
present worth 20-year maintenance costs as well another
conditions within a separate agreement with the applicant
for any project that requires a pumping station.
78 Domestic and fire protection waterline systems shall be DSR BP
designed to be looped or interconnected to avoid dead-
end sections in accord with the requirements of the
DSRSD Standard Specifications and sound engineering
practices.
79 DSRSD policy requires public water and sewer lines to be DSR GR
located in public streets to the fullest extent possible. If
unavoidable, public water or sewer easements must be
established to provide for future maintenance and/or
replacement.
80 Prior to approval by the City of a grading permit or a site DSR GR
development permit, the locations and widths of all
proposed easement dedications for water and sewer lines
shall be submitted to and approved by DSRSD.
81 All easement dedications for DSRSD facilities shall be by DSR GR
separate instrument irrevocably offered to DSRSD or by
offer of dedication on a Final Map.
82 Prior to issuance of a building permit, all utility DSR BP
connection fees, inspection fees, permit fees and fees
associated with a wastewater discharge permit shall be
paid to DSRSD in accord with the rates and scheduled
established in the DSRSD Code.
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83 Prior to issuance of a building permit, all improvement DSR BP
plans ofDSRSD facilities shall be signed by the District
Engineer. Prior to DSRSD approval, the developer shall
pay all DSRSD fees, and provide an estimate of
construction costs for water and sewer systems, a
performance bond, a one-year maintenance bond, and a
comprehensive general liability insurance policy in the
amounts and forms acceptable to DSRSD. Fifteen
working days are required for DSRSD approval.
84 No sewer or water line construction shall be permitted DSR GR
unless the proper utility construction permit has been
issued by DSRSD. A construction permit will only be
issued after all other items have been satisfied.
85 The developer shall hold DSRSD, its Board of Directors, DSR On-going
commissions, employees, and agents of DSRSD harmless
and indemnify and defend same from any litigation,
claims, or fines resulting from the construction and
completion of the project.
86 Prior to issuance of sewer line and water line construction DSR GR
permits, developer and District shall have fInalized terms
and conditions regarding an Area Wide Facilities
Agreement addressing concerns and upgrades to the
District's #1 Water Turn Out.
87 Completion of upgrades to Turn Out #1 shall be DSR, PL OCC
completed prior to building occupancy.
Zone 7
88 All Zone 7 conditions and requirements shall be adhered ZONE 7 On-going
to.
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PASSED, APPROVED and ADOPTED this 14th day of October, 1997.
AYES:
NOES:
ABSENT:
Cm. Jennings, Hughes, Johnson and Oravetz
None
Cm. Musser
Planning Commission Chairperson
ATTEST:
Community Development Director
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