HomeMy WebLinkAboutAttachmt 2 Reso Deferring Rev & Decision Authority
RESOLUTION NO. 07 - XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
DEFERRING REVIEW AND DECISION-MAKING AUTHORITY TO THE CITY COUNCIL
FOR SITE DEVELOPMENT REVIEW FOR SYCAMORE GROVE WITHIN
THE FAIRWAY RANCH PROJECT (PA 03-010) LOCATED NORTH OF DUBLIN
BOULEVARD BETWEEN KEEGAN STREET AND LOCKHART STREET IN THE
EASTERN DUBLIN SPECIFIC PLAN AREA AND RECOMMENDING THE CITY COUNCIL
APPROVE SITE DEVELOPEMNT REVIEW FOR SYCAMORE GROVE
PA 06-037
WHEREAS, the Applicant, James Tong, on behalf of Dublin Ranch Holdings LLC submitted
applications for an area of approximately 8.8 acres gross (6.4 acres net) known as Sycamore Grove
located within the Dublin Ranch project area of the Eastern Dublin Specific Plan Area north of Dublin
Boulevard between Keegan Street and Lockhart Street; and
WHEREAS, the applications include: a) Planned Development rezone; and b) Site Development
Review for the Sycamore Grove portion (P A 06-037) of Fairway Ranch (P A 03-010). Sycamore Grove is
a 304-unit high-density residential condominium project for sale in conjunction with a previously
approved Vesting Tentative Tract Map 7453 and existing Development Agreement approved by
Ordinance 8-03. The applications collectively define this "Project"; and
WHEREAS, the Project site generally is located north of Dublin Boulevard between Keegan
Street and Lockhart Street within the Eastern Dublin Specific Plan Area. The project site currently is
vacant land; and
WHEREAS, the Project is located in Area B of the Dublin Ranch project. Dublin Ranch Areas
B, C, D and E were subject to PD-Planned Development zoning (P A 96-039) adopted by City Council
Resolution 141-97; and
WHEREAS, Pursuant to the California Environmental Quality Act, the City Council finds
the Project exempt from CEQA pursuant to Government Code section 65457 for residential projects that
are consistent with a specific plan. This finding is based on a determination that there are no
supplemental impacts that would require preparation of a Supplemental EIR, as further documented in
the Initial Study prepared by the City, dated June 2003 and incorporated herein by reference. The Initial
Study found that the environmental impacts of the Project were addressed by the Negative Declaration
approved by the City Council in Resolution No. 140-97 for the Planning Development Rezoning for 453
acres of Dublin Ranch which includes the Property and the Project and by the Environmental Impact
Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064) which was
certified by the Council in Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22,
1994; and
WHEREAS, the project site is known as Lot 3 of Tentative Tract 7453 adopted by Planning
Commission Resolution 03-031 on June 24,2003; and
Attachment 2
WHEREAS, the Planning Commission adopted Resolution 03-032 on June 24, 2003, which
deferred approval authority to the City Council for the Site Development Review for the three-phase
Fairway Ranch Project primarily due to density bonus issues; and
WHEREAS, the City Council adopted Resolution 149-03 on July 1, 2003 approving the Site
Development Review for Fairway Ranch; and
WHEREAS, the decision making authority for Site Development Review applications typically
lies with the Planning Commission; and
WHEREAS, the City of Dublin Zoning Ordinance, Section 8.96.020.C.1-6 allows the Planning
Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy
implications, unique or unusual circumstances, or the magnitude of the Project; and
WHEREAS, a staff report, dated March 27,2007 and incorporated herein by reference, described
and analyzed the Project; and
WHEREAS, the Planning Commission reviewed the staff report at a duly noticed public hearing
held on March 27,2007 at which time all interested parties had the opportunity to be heard; and
WHEREAS, the Planning Commission did hear and use their independent judgment and
considered all said reports, recommendations, and testimony hereinabove set forth; and
WHEREAS, at its meeting of March 27,2007, the Planning Commission adopted Resolution 07-
XXX recommending that the City Council adopt an Ordinance approving Planned Development rezone
for Dublin Ranch Areas B, C, D and E (P A 96-039) to include PD-High Density Residential with Live-
Work Units ("Rezone") related to the Sycamore Grove project (PA 06-037), a 304-units high density
residential project; and
WHEREAS, approval of the proposed Site Development Review (PA 06-037) would not become
effective unless and until a City Council Ordinance is adopted making said Rezone effective.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin
does hereby defer the authority to review and decide upon the Site Development Review as was
previously done for Fairway Ranch (P A 03-010) of which the proposed Sycamore Grove project is a part.
BE IT FURTHER RESOLVED that the Planning Commission ofthe City of Dublin does hereby
make the following findings and determinations regarding the proposed Site Development Review for
Sycamore Grove PA 06-037 and recommends that the City Council approve the Site Development
Review based on findings that the proposed project is consistent with the General Plan, and the Eastern
Dublin Specific Plan, the Stage 2 Development Plan for Fairway Ranch P A 03-010, and that development
of the proposed project will be harmonious and compatible with existing and future development in the
surrounding area.
Site Development Review:
A. Approval of the proposed project is consistent with the purpose and intent of Chapter 8.104,
Site Development Review of the Dublin Zoning Ordinance because the project promotes the
orderly, attractive and harmonious site and structural development compatible with individual
site environmental constraints and compatible with surrounding properties and neighborhoods.
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B. The proposed project, as conditioned, complies with the policies of the General Plan, the Stage
2 Development Plan for Fairway Ranch PA 03-010, and with all other requirements of the
Dublin Zoning Ordinance.
C. The proposed project, as conditioned, will not adversely affect the health or safety of persons
residing or working in the vicinity, or be detrimental to the public health, safety, and general
welfare because the development is consistent with all laws and ordinances and implements
the Dublin General Plan.
D. The proposed project, as conditioned, will not be injurious to property or improvements in the
neighborhood and will comply with all requirements of the Building Division, Fire
Department, Public Works Department, and Dublin San Ramon Services District.
E. The proposed site development (including site layout, structures, vehicular access, circulation
and parking, setbacks, height, walls, public safety, and similar elements) has been designed to
provide a desirable environment for the development.
F. The subject site is physically suitable for the type and intensity of the proposed project because
the exiting land is designated for low density residential, substantial open space has been
incorporated, and the site can accommodate the proposed structures and uses.
G. The proposed project will not negatively impact views because the proposed project conforms
to the General Plan Scenic Corridor Policies and Standards.
H. Impacts to existing slopes and topographic features are addressed because attention has been
paid to the natural slope and contours of site in designing the architecture and siting the
structures so as to minimize overgrading and extensive use of retaining walls.
I. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, building materials and colors,
screening of exterior appurtenances, exterior lighting, and similar elements have been
incorporated into the project, as conditions of approval, in order to insure compatibility of this
development with the development's design concept or theme and the character of adjacent
buildings within Fairway Ranch as a whole.
J. Landscape considerations, including the location, type, size, color, texture, and coverage of
plant materials, provisions, and similar elements have been considered to ensure visual relief
and an attractive environment for the public.
K. The approval of the Site Development Review for the proposed project is consistent with the
Dublin General Plan.
BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that
approval by the City Council conform generally to the plans prepared by MacKay & Somps labeled
Attachment 5 to the Staff Report of March 27, 2007, consisting of the packages, sheets, booklets, and
plans date stamped received March 21, 2007, including architectural drawings by VTBS, engineering by
Mackay & Somps and landscape plans by Vander Toolen Associates on file with the Community
Development Department and the Applicant's written statement, and is recommended to include the
following conditions:
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CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of
building permits or establishment of use, and shall be subiect to Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval. rpL.l Planning. rBl Building, rpOl Police. rpWl Public Works
rADMl Administration/City Attorney. rFINl Finance. rFl Alameda County Fire Department. rDSRl
Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health, rZ71
Zone 7.
This approval for both the Site Development Review shall be subject to City Council adoption of the
Stage 1 and Stage 2 Planned Development Rezoning.
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL - SITE DEVELOPMENT REVIEW
1. Applicant will comply with all the Conditions of PL On-going Planning
Approval as listed in Resolution No. 141-03.
2. The project CC&Rs shall limit the occupancy of the PL On-going Planning
Live-Work units to owners or tenants living and working
within the individual unit.
3. Public Art Contribution. Developer shall fulfill the PL On-going Planning
Public Art Contribution through the provision of an on-
site public art project. Two locations for the proposed
public art have been identified and are shown 10
Attachment 6 Public Art Master Plan, contained in the
Sycamore Groves Site Development Review submittal
(Attachment 5 to Staff Report). Prior to the recordation
of the first final map for the project, Developer shall
obtain the total building valuation of the project from
the Building Official, and the value of the applicant's
required public art project shall be determined by the
Community Development Director . Prior to occupancy
of the first structure in the project, the Developer shall (a)
secure completion of the public art project, in a manner
deemed satisfactory by the City Manager; and (b)
execute an agreement between the City and the
Developer, prior to occupancy of the first structure in the .
project, which sets forth the ownership, maintenance
responsibilities, and insurance coverage for the public art
project.
4. Satellite Dishes: Prior to the Issuance of Building PL On-going DMC
Permits, the Developer's Architect shall prepare a plan 8.96.020D
for review and approval by the Director of Community
Development and the Chief Building Official that
provides a consistent and unobtrusive location for the
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placement of individual satellite dishes. Individual
conduit will be run from the individual residential unit to
the location on the building to limit the amount of
exposed cable required to activate any satellite dish. It
is preferred that where chimneys exist, that the mounting
of the dish be incorporated into the chimney. In
instances where the buildings have mechanical wells
(Neighborhoods 4 and 6) that those buildings provide
locations within the well for individual unit
connections. In instances where neither chimneys nor
mechanical wells exist, then the plan shall show a
common and consistent location for satellite dish
placement to eliminate the over proliferation, haphazard
and irregular placement.
The Covenants Conditions and Restrictions (CC&R's)
shall contain language stating that the individual units
contain conduit and central locations for satellite dish
connections and failure to use those conduits and
locations (if the resident has or wants a satellite dish) will
constitute a violation of those CC&R's. The penalty for
that violation shall be specified. Additionally, prior to
the issuance of building permits, the developer shall
prepare a disclosure statement to be signed by every first
time home purchaser indicating that utilizing this
dedicated conduit and central mounting location is a
re uirement if a satellite dish is installed.
6.
7.
Design Development Submittals: Developer shall submit
design development landscape plans, showing details,
sections, and supplemental information as necessary to
accurately reflect site topography and design coordination of
the various design features and elements including utility
location.
Landscape Plans: Developer shall submit for review final PL
Landscape Plans showing coordinated grades, walls, fencing,
walkways, patios, drive aisles, proposed trees, shrubs and
ground covers, utilities and any other site features. The
landscape plans shall be submitted prior to the approval of the
Grading Plans and 1m rovement Plans.
Building Materials: All building materials, stone stucco, PL
siding etc. shall be brought to with 6" of the adjacent ground
surface when the surface is dirt and 2" when the adjacent
surface is concrete asphalt or another impervious surface.
Additionally, all enhancement building materials, such as, but
not limited to, stone and simulated wood siding shall turn the
corner of portion of the accented elevation and continue to the
nearest chan e in wall lane to ive the a earance of a
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On-going
On-going
On-going
Planning
Planning
Planning
9.
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All projects approved by the City of Dublin shall meet PL
the following standard conditions, if applicable, unless
specifically exempted by the Community Development
De artment.
Final building and site development plans shall be PL
reviewed and approved by the Community Development
Department staff prior to the issuance of a building
permit. All such plans shall insure:
Installation of
Accessory
Structure
Standard
Conditions
Construction
Standard
Conditions
a. That standard commercial or residential security
requirements as established by the Dublin Police
Department are provided.
b. That ramps, special parking spaces, signing, and
other appropriate physical features for the
handicapped, are provided throughout the site for
all publicly used facilities.
c. That continuous concrete curbing is provided for
all parking stalls.
d. That exterior lighting of the building and site is not
directed onto adjacent properties and the light
source is shielded from direct off site viewing.
e. That all mechanical equipment, including
electrical and gas meters, is architecturally
screened from view, and that electrical
transformers are either underground or
architecturally screened.
f. That all trash enclosures are of a sturdy material
(preferably masonry) and in harmony with the
architecture of the building( s).
g. That all vents, gutters, downspouts, flashings, etc.,
are painted to match the color of adjacent surface.
h. That all materials and colors are to be as approved
by the Dublin Community Development
Department. Once constructed or installed, all
im rovements are to be maintained in accordance
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with the approved plans. Any changes, which
affect the exterior character, shall be resubmitted
to the Dublin Community Development
Department for approval.
1. That each parking space designated for compact
cars be identified with a pavement marking
reading "Small Car Only" or its equivalent, and
additional signing be provided if necessary.
J. That all exterior architectural elements visible
from view and not detailed on the plans be
finished in a style and in materials in harmony
with the exterior of the building.
k. That all other public agencies that require review
of the project be supplied with copies of the final
building and site plans and that compliance be
obtained with at least their minimum Code
re uirements.
10. Final landscape plans, irrigation system plans, tree PL
preservation techniques, and guarantees, shall be
reviewed and approved by the Dublin Planning
Department prior to the issuance of the building permit.
All such submittals shall insure:
On-going
a. That plant material is utilized which will be
capable of healthy growth within the given range
of soil and climate.
b. That proposed landscape screening is of a height
and density so that it provides a positive visual
impact within three years from the time of
planting.
c. That unless unusual circumstances prevail, at least
75% of the proposed trees on the site are a
minimum of 15 gallons in size, and at least 50% of
the proposed shrubs on the site are minimum of 5
gallons in size.
d. That a plan for an automatic irrigation system be
provided which assures that all plants get adequate
water. In unusual circumstances, and if approved
by Staff, a manual or quick coupler system may be
used.
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Standard
Conditions
e. That concrete curbing is to be used at the edges of
all planters and paving surfaces.
f. That all cut and fill slopes in excess of 5 feet in
height are rounded both horizontally and
vertically.
g. That all cut and fill slopes graded and not
constructed on by September I, of any given year,
are hydro seeded with perennial or native grasses
and flowers, and that stock piles of loose soil
existing on that date are hydro seeded in a similar
manner.
h. That the area under the drip line of all existing
oaks, walnuts, etc., which are to be saved are
fenced during construction and grading operations
and no activity is permitted under them that will
cause soil compaction or damage to the tree.
I. That a guarantee from the owners or contractors
shall be required guaranteeing all shrubs and
ground cover, all trees, and the irrigation system
for one year.
J. That a permanent maintenance agreement on all
landscaping will be required from the owner
insuring regular irrigation, fertilization and week
abatement.
11. Pinal inspection or occupancy permits will not be granted PL
until all construction and landscaping is complete in
accordance with approved plans and the conditions
re uired b the Cit
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Building Codes and Ordinances. project
construction shall conform to all building codes and
ordinances in effect at the time of build in ermit.
13. Retaining Walls. All retaining walls over 30 inches in B
height and 10 a walkway shall be provided with
guardrails. All retaining walls over 24 inches with a
surcharge or 36 inches without a surcharge shall obtain
permits and inspections from the Building Division.
14. Phased Occupancy Plan. If occupancy is requested to B
occur in phases, then all physical improvements within
each phase shall be required to be completed prior to
occupancy of any buildings within that phase except for
items s ecifically excluded 10 an a roved Phased
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Issuance of
Building
Permits
Through
Completion
Prior to
Occupancy
of any
affected
buildin
Standard
Conditions
Building
Building
Building
Occupancy Plan, or minor handwork items, approved by
the Department of Community Development. The
Phased Occupancy Plan shall be submitted to the
Directors of Community Development and Public Works
for review and approval a minimum of 45 days prior to
the request for occupancy of any building covered by
said Phased Occupancy Plan. Any phasing shall provide
for adequate vehicular access to all parcels in each phase,
and shall substantially conform to the intent and purpose
of the subdivision approval. No individual building shall
be occupied until the adjoining area is finished, safe,
accessible, and provided with all reasonable expected
services and amenities, and separated from remaining
additional construction activity. Subject to approval of
the Director of Community Development, the completion
of landscaping may be deferred due to inclement weather
with the posting of a bond for the value of the deferred
landsca in and associated im rovements.
15. Building Permits. To apply for building permits, B
ApplicantJDeveloper shall submit eight (8) sets of
construction plans to the Building Division 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. Applicant/Developer will be
responsible for obtaining the approvals of all
participation non-City agencies prior to the issuance of
buildin ermits.
16. Construction Drawings. Construction plans shall be B
fully dimensioned (including building elevations)
accurately drawn (depicting all existing and proposed
conditions on site), and prepared and signed by a
California licensed Architect or Engineer. All structural
calculations shall be prepared and signed by a California
licensed Architect or Engineer. The site plan, lan<;lscape
plan and details shall be consistent with each other.
17. Air Conditioning Units. Air conditioning units and B
ventilation ducts shall be screened from public view with
materials compatible to the main building and shall be
roof mounted.
18. Temporary Fencing. Temporary Construction fencing B
shall be installed along perimeter of all work under
construction.
19. Addressing. Provide plan for display of addresses. The B
Buildin Official, Fire Marshal and Director of
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Issuance of Building
Building
Permits
Prior to Building
issuance of
building
permits
Occupancy Building
of Unit
Through Building
Completion
Prior to Building
permittin
Community Development shall approve plan prior to
issuance of the first building permit.
a. Addresses will be required on the front of the
dwellings / buildings. Addresses are also required
near the garage opening(s) ifthe opening(s) is not
on the same side of the dwelling as the front door.
Prior to
permitting
b. Address signage shall be provided as per the
Dublin Residential Security Code.
Occupancy
of any Unit
c. Exterior address numbers shall be backlight and
be posted in such a way that they can be seen from
the street.
Prior to permit
issuance, and
through
completion
d. An approved apartment unit-numbering plan shall
be incorporated into the construction drawings.
Prior to
permit
Issuance
20. Engineer Observation. The Engineer of record shall be B
retained to provide observation servIces for all
components of the lateral and vertical design of the
building, including nailing, hold downs, straps, shear,
roof diaphragm and structural frame of building. A
written report shall be submitted to the City Inspector
rior to schedulin the final frame ins ection.
21. Foundation. Geotechnical Engineer for the soils report B
shall review and approve the foundation design. A letter
shall be submitted to the Building Division on the
approval.
22. Green Building Guidelines. To the extent practical the B
applicant shall incorporate Green Building Measures.
Green Building plan shall be submitted to the Building
Official for review.
23. Cool Roofs. Flat roof areas shall have their roofing B
material coated with light colored gravel or painted with
light colored or reflective material designed for Cool
Roofs.
24. Electronic File. The applicant/developer shall submit all B
building drawings and specifications for this project in an
electronic format to the satisfaction of the Building
Official pnor to the Issuance of building permits.
Additionally, all revisions made to the building plans
during the project shall be incorporated into an "As
Built" electronic file and submitted prior to the issuance
of the final occu anc .
25. Construction trailer: Due to size and nature of the B
development, the applicant/developer shall provide a
construction trailer with all hook u s for use by City
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Building
Prior to Building
permit
issuance
Through Building
Completion
Through Building
Completion
Prior to Building
permit
issuance
Building
Inspection personnel during the time of construction as
determined necessary by the Building Official. In the
event that the City has their own construction trailer, the
applicant/developer shall provide a site with appropriate
hook ups in close proximity to the project site to
accommodate this trailer. The applicant / developer shall
cause the trailer to be moved from its current location at
the time necessary as determined by the Building Official
at the a licant/develo er's ex ense.
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26. Ground ladder access is required to podium courtyards F
by straight run stairs and access paths (that will
accommodate a 20 ft long by 22 in wide ladder). The
access paths shall be approved by the Fire Department.
27. The loft unit roofs shall be accessible by Fire Department F On-going Fire
ground ladders. The access paths shall be approved by
the Fire De artment.
28. The radius for emergency vehicle turns shall be based on F On-going
a 42 ft. radius.
29. Provide fire hydrants with an average spacing of 300 ft on F On-going Fire
centers. The hydrants shall be a maximum of 225 feet
from any point on a street or driveway used for emergency
vehicle access. Provide a fire hydrant within 100 feet of
the sprinkler FDC on the same side of the street as the
FDC. The minimum fire flow provided at the site shall
be 4000 gallon per minute at 20 psi residual UFC
a endix IlIA and B.
30. The minimum construction of the residential units shall F On-going Fire
be type V-I hr. The minimum construction type for the
ara e shall be t eI FR.
31. Provide escape or rescue window for every sleeping F On-going Fire
room below the fourth story in accordance with the UBC
section 310.4
32. The project shall comply with Uniform Building and Fire
Codes as adopted by the City of Dublin
F
On-going
Fire
33. Final Map. The Developer shall process a Final Map for PW
Condominium purpose. The Final Map shall show all
easements required for access and utilities and change the
right of line at the Dublin Boulevard/Keegan Street and
at the Dublin Boulevard/Lockhart Street returns to be at
the back of sidewalk.
34. Frontage Improvements: The Developer shall construct PW
the pro' ect frontage sidewalk and landsca e
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Works
improvements within the right of way of Keegan Street,
Dublin Boulevard and Lockhart Street as shown on the
Site Develo ment Review exhibits.
35. Frontage Grading: The cross slope from the back of PW
curb to three feet back of walk shall be 2% for all public
frontage. Retaining Walls may encroach into this three-
foot area along the Keegan Street and the Lockhart
frontages as generally shown on the SDR exhibits.
36. Driveways Approaches. Modified driveway approaches PW
shall be used for the three entrances from the public
streets. The sidewalk profile and cross slope shall be
maintained across the driveway without the use of ramps.
The driveway returns shall be a 6-inch high curb tapering
to a O-inch high at the edge of the sidewalk on a radius
that is the distance from the face of curb to the back of
walk.
37. Loading Areas. The loading areas shown on the SDR PW
exhibits, shall be for loading and deliveries only. The
signing for these areas shall be approved by the City
En neer.
38. Grading / Sitework Permit: Developer shall obtain a PW
Grading / Sitework Permit from the Public Works
Department for all grading and private site
improvements. The Developer shall provide security to
guarantee the grading and improvements, in an amount
a roved b the Cit En neer.
39. Construction Plan for Traffic, Parking and Staging PW
Area: The Developer shall prepare a plan for
construction related traffic, parking and staging including
traffic controls for any haul routes for excess dirt. This
plan is to be approved by the City Engineer with the
Gradin Sitework Permit.
40. Parking Garage Spaces: Garage Parking spaces shall be PW
9 feet wide and 20 feet deep. The modified spaces, as
shown on Sheets C.4 & C.5 of the Site Development
Review, may be reduced to 19 feet. Any parking space
next to a wall shall be two additional feet in width (an
additional 1.5 feet next to the security gate is acceptable).
Parking space dimensions shall be clear dimensions free
of columns or other obstacles. Wheel stops or concrete
curbs shall be provided for all spaces except tandem
spaces. Driveway aisles with parking shall be minimum
24-feet wide.
41. Parking Garage Entrance from Dublin Boulevard: PW
The geometric configuration and circulation for the
entrances to the parking garages from the Dublin
Boulevard drivewa shall be desi ed to the satisfaction
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42. The Developer shall comply with the Subdivision Map PW
Act, the City of Dublin Subdivision, Zoning, and
Grading Ordinances, the City of Dublin Public Works
Standards and Policies, and all building and fire codes
and ordinances in effect at the time of building permit.
All public improvements constructed by Developer and
to be dedicated to the City are hereby identified as
"public works" under Labor Code section 1771.
Accordingly, Developer, 10 constructing such
improvements, shall comply with the Prevailing Wage
Law (Labor Code. Sects. 1720 and followin )
43. The Developer shall defend, indemnify, and hold PW
harmless the City of Dublin and its agents, officers, and
employees from any claim, action, or proceeding against
the City of Dublin or its agents, officers, or employees to
attack, set aside, void, or annul an approval of the City of
Dublin or its advisory agency, appeal board, Planning
Commission, City Council, Community Development
Director, Zoning Administrator, or any other department,
committee, or agency of the City related to this project to
the extent such actions are brought within the time period
required by Government Code Section 66499.37 or other
applicable law; provided, however, that The Developer's
duty to so defend, indemnify, and hold harmless shall be
subject to the City's promptly notifying The Developer of
any said claim, action, or proceeding and the City's full
cooperation 10 the defense of such actions or
proceedings.
44. In the event that there needs to be clarification to these PW
Conditions of Approval, the Director of Community
Development and the City Engineer have the authority to
clarify the intent of these Conditions of Approval to the
Developer without going to a public hearing. The
Director of Community Development and the City
Engineer also have the authority to make minor
modifications to these conditions without going to a
public hearing in order for the Developer to fulfill needed
improvements or mitigations resulting from impacts of
this pro' ect.
45. If there are conflicts between the Tentative Map approval PW
and the SDR approval pertaining to mapping or public
im rovements the Tentative Ma shall take recedent.
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46. The Developer shall enter into a Tract Improvement PW
A eement with the City for all ublic im rovements.
47. The Developer shall provide performance (100%), and PW
labor & material (100%) securities to guarantee the tract
improvements, approved by the City Engineer, prior to
execution of the Tract Improvement Agreement and
approval of the Final Map. (Note: Upon acceptance of
the improvements, the performance security may be
replaced with a maintenance bond that is 25% of the
value of the erformance securit .)
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48. Developer shall obtain an Encroachment Permit from the PW
Public Works Department for all construction activity
within the public right-of-way of any street where the
City has accepted the improvements. The encroachment
permit may require surety for slurry seal and restriping.
At the discretion of the City Engineer an encroachment
for work specifically included 10 an Improvement
A eement ma not be re uired.
49. Developer shall obtain all permits required by other PW
agencies including, but not limited to Alameda County
Flood Control and Water Conservation District Zone 7,
California Department of Fish and Game, Army Corps of
Engineers, Regional Water Quality Control Board,
Caltrans and provide copies of the permits to the Public
Works D artment.
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Works
50. All submittals of plans and Final Maps shall comply with PW
the requirements of the City of Dublin Public Works
De artment im rovement Ian submittal re uirements.
51. Developer shall submit design development landscape PW
plans showing details, sections and supplemental
information as necessary for design coordination of the
various civil design features and elements including
utility location to the satisfaction of the City Engineer.
The design development landscape plans shall be
submitted with the first review submittal of Improvement
Plans. Complete Landscape Plans shall be submitted for
review prior to the issuance of a Grading/Sitework
Permit.
52. The Developer will be responsible for submittals and PW
reviews to obtain the approvals of all participating non-
City agencies. The Alameda County Fire Department and
the Dublin San Ramon Services District shall approve
and sign the Improvement Plans.
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53. Developer shall submit a Geotechnical Report, which PW
includes street pavement sections and grading
recommendations.
54. Developer shall provide the Public Works Department a PW
digital vectorized file of the "master" CAD files for the
project when the Final Map has been approved. Digital
raster copies are not acceptable. The digital vectorized
files shall be in AutoCAD 14 or higher drawing format.
Drawing units shall be decimal with the precision of the
Final Map. All objects and entities in layers shall be
colored by layer and named in English. All submitted
drawings shall use the Global Coordinate System of
USA, California, NAD 83 California State Plane, Zone
III, and U.S. foot.
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55. The Grading Plan shall be in conformance with the PW
recommendations of the Geotechnical Report and the
approved Site Development Review. In case of conflict
between the soil engineer's recommendations and City
ordinances, the City Engineer shall determine which shall
a Iy.
56. A detailed Erosion Control Plan shall be included with PW
the Grading Plan approval. The plan shall include
detailed design, location, and maintenance criteria of all
erosion and sedimentation control measures.
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57. The site improvements shall be constructed generally as PW
shown on the Site Development Review. However, the
approval of the Site Development Review is not an
approval of the specific design and locations of the
drainage, sanitary sewer, water, traffic, street lighting,
join trench and street im rovements.
58. All public improvements shall conform to the City of PW
Dublin Standard Plans and design requirements and as
a roved b the City Engineer.
59. The Developer shall install all traffic signs and pavement PW
marking as required by the City En . neer.
60. The Developer shall provide bus stops and shelters at the PW
locations designated and approved by the LA VT A and
the City Engineer. The Developer shall pay the cost of
procuring and installing these im rovements.
61. Developer shall construct all potable and recycled water PW
and sanitary sewer facilities required to serve the project
in accordance with DSRSD master plans, standards,
s ecifications and re uirements.
62. Fire hydrant locations shall be approved by the Alameda PW
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County Fire Department. A raised reflector blue traffic
marker shall be installed in the street opposite each
hydrant.
63. All electrical, gas, telephone, and Cable TV utilities, PW
shall be underground in accordance with the City policies
and ordinances. All utilities shall be located and
provided within public utility easements and sized to
meet utility company standards.
64. All utility, water, sanitary sewer and storm drain PW
improvements shall connect to the existing stub outs to
the project site. There shall be no new or relocated
improvements within the public right of way unless
a roved b the Cit En neer.
65. All utility vaults, boxes and structures, unless specifically PW
approved otherwise by the City Engineer, shall be
underground and placed in landscape areas and screened
from public view. Prior to Joint Trench Plan approval,
landscape drawings shall be submitted to the City
showing the location of all utility vaults, boxes and
structures and adjacent landscape features and plantings
to illustrate that otential conflicts are resolved.
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66. The Erosion Control Plan shall be implemented between PW
October 15th and April 15th unless otherwise allowed in
writing by the City Engineer. The Developer will be
responsible for maintaining erosion and sediment control
measures for one year following the City's acceptance of
the subdivision im rovements.
67. If archaeological materials are encountered during PW
construction, construction within 100 feet of these
materials shall be halted until a professional
Archaeologist who is certified by the Society of
California Archaeology (SCA) or the Society of
Professional Archaeology (SOP A) has had an
opportunity to evaluate the significance of the find and
su est a ro riate miti ation measures.
68. Construction activities, including the maintenance and PW
warming of equipment, shall be limited to Monday
through Friday, and non-City holidays, between the
hours of 7:30 a.m. and 5:30 p.m. except as otherwise
a roved by the City En neer.
69. Developer shall prepare a construction noise PW
management plan that identifies measures to be taken to
minimize construction noise on surrounding developed
properties. The plan shall include hours of construction
operation, use of mufflers on construction e uipment,
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speed limit for construction traffic, haul routes and
identify a noise monitor. Specific noise management
measures shall be included on the project lans.
70. The Developer shall be responsible for controlling any PW
rodent, mosquito, or other pest problem due to
construction activities.
71. The Developer shall be responsible for watering or other PW
dust-palliative measures to control dust as conditions
warrant or as directed b the Cit En neer.
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72. Prior to any clearing or grading, the Developer shall PW
provide the City evidence that a Notice of Intent (NO!)
has been sent to the California State Water Resources
Control Board per the requirements of the NPDES. A
copy of the Storm Water Pollution Prevention Plan
(SWPPP) shall be provided to the Public Works
De artrnent and be ke t at the construction site.
73. The Storm Water Pollution Prevention Plan (SWPPP) PW
shall identify the Best Management Practices (BMPs)
appropriate to the project construction activities. The
SWPPP shall include the erosion control measures in
accordance with the regulations outlined in the most
current version of the ABAG Erosion and Sediment
Control Handbook or State Construction Best
Management Practices Handbook. The Developer is
responsible for ensuring that all contractors implement
all storm water pollution prevention measures in the
SWPPP.
74. Developer shall enter into an agreement with the City of PW
Dublin that guarantees the perpetual maintenance
obligation for all storm water treatment measures
installed as part of the project. Said agreement is
required pursuant to Provision C.3.e.ii ofRWQCB Order
R2-2003-0021 for the Issuance of the Alameda
Countywide NPDES municipal storm water permit. Said
permit requires the City to provide verification and
assurance that all treatment devices will be properly
o erated and maintained.
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75. Prior to approval of the Improvement Plans, complete DSRSD
improvement plans shall be approved by DSRSD that
conform to the requirements of the Dublin San Ramon
Services District Code, the DSRSD "Standard
Procedures, Specifications and Drawings for Design and
Installation of Water and Wastewater Facilities", all
applicable DSRSD Master Plans and all DSRSD policies.
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76. All improvement plans for DSRSD facilities shall be DSRSD
signed by the District Engineer. Each sheet of the
improvement plans shall contain a signature block for the
District Engineer indicating approval of the sanitary
sewer or water facilities shown. Prior to approval by the
District Engineer, the Developer shall pay all utility
connection fees including DSRSD and Zone 7, plan
checking fees, inspection fees, connection fees, and fees
associated with a wastewater discharge permit 10
accordance with the rates and schedules established in
the DSRSD Code. The Developer shall also provide an
engineer's estimate of construction costs for the sewer
and water systems, a performance bond, a one-year
maintenance bond, and a comprehensive general liability
insurance policy in the amounts and forms that are
acceptable to DSRSD. No sewer line or waterline
construction shall begin until a utility construction permit
has been issued by DSRSD. A construction permit will
be issued only after all of the above items have been
satisfied.
77. The Developer shall hold DSRSD, it's Board of DSRSD
Directors, commissions, employees, and agents of
DSRSD harmless and indemnify and defend the same
from any litigation, claims, or fines resulting from the
construction and com letion of the ro' ect.
78. Prior to approval by the City for recordation, the Final DSRSD
Map shall be submitted to and approved by DSRSD for
easement locations, widths, and restrictions.
79. Domestic and fire protection waterline systems DSRSD
residential developments shall be designed to be looped
or interconnected to avoid dead end sections 10
accordance with requirements of the DSRSD Standard
S ecifications and sound en . neering ractice.
80. DSRSD policy requires public water and sewer lines to DSRSD
be located in public streets rather than in off-street
locations to the fullest extent possible. If unavoidable,
Sanitary Sewer Easements (SSE) and Water Line
Easements (WLE) must be established over the
alignment of each public sewer or water line to provide
access for future maintenance and/or replacement. The
Developer shall offer for dedication Sanitary Sewer
Easements (SSE) and Water Line Easements (WLE) on
the Final Map for all public sewer and water mains on
rivate ro ert .
81. Above ground backflow prevention devices/double DSRSD
detector check valves shall be installed on fire protection
systems connected to the DSRSD water main. The
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applicant shall collaborate with the Fire Department and
with DSRSD to size and configure its fire system. The
applicant shall minimize the number of backflow
prevention devices/double detector check valves installed
on its fire protection system. The applicant shall
minimize the visual impact of the backflow prevention
devices/double detector check valves through strategic
lacement and landsca in .
82. The project is located within the District Recycled Water DSRSD
Use Zone (Ord. 301), which calls for installation of
recycled water irrigation systems to allow for the future
use of recycled water for approved landscape irrigation
demands. Recycled water will be available; as described
in the DSRSD Water Master Plan Update, December
2005. Unless specifically exempted by the District
Engineer, compliance with Ordinance 301, as may be
amended or superseded, is required. Applicant must
submit landscape irrigation plans to DSRSD. All
irrigation facilities shall be in compliance with District's
"Recycled Water Use Guidelines" and Dept. of Health
Services requirements for recycled water irrigation
design.
83. If any trash enclosures or car wash areas are to be DSRSD
connected to the sanitary sewer, they must have a grease
and sand trap and the areas must be covered to prevent
the entry of rainwater.
"D ~\ :..,;
84. Emergency vehicle access to the secured parking garage PO
shall be facilitated by an electronic keypad (reachable from
the driver's side) or electronic remote access utilizing radio
frequencies (similar to "Click to Enter"). If using keypad
access, the driveway entrance shall accommodate a median
su ortin the ke ad device.
85. Driveway widths and locations including the parking PO
structure to be approved by the City of Dublin Public
Works.
86. Lighting is required over exterior entrances/doors PO
including the service area. Exterior lighting used after
daylight hours shall be adequate to provide for security
needs. A lighting plan shall be submitted for approval.
The lighting plan shall provide a photometric readout
with foot-candles plotted on the site plan.
87. Vandal resistant covers shall protect all exterior lighting PO
devices.
88. Addressing and building numbers shall be visible from all PO
the a roaches to the buildin .
89. Landsca in shall be k t at a minimal hei t and fullness
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Police
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so that patrol officers and the general public have the
ability to surveil the area and identify risks.
90. Landscaping features and outdoor amenities shall be PO
designed to reduce their attractiveness to skateboarders and
vandals.
91. The developer and/or property owner shall keep the site PO
clear of affiti vandalism.
92. Exit doors shall be equipped with 180-degree viewers if PO
there is not a burglary resistant window panel in the door
from which to scan the exterior.
93. The applicant shall work with the Dublin Police on an PO
ongoing basis to establish an effective theft prevention and
security ro am.
94. Housing and Parking structures, the developer to insure PO
radio frequency transmit and receive capabilities for
Police/Fire/ Ambulance Radios.
95. Diagrammatic maps will be displayed and illuminated PO
during hours of darkness at all locations of entry into the
arkin structure and into the com lex.
96. Parking Structure. The following are requirements: PO
On-going
On-going
On-going
On-going
On-going
On-going
On-going
I. Perimeter fencing and gates be used to provide
access control and territoriality.
2. Security gates within the parking structure shall
allow for emergency access by police, fire and
ambulances using radio frequency activation
(similar to "Click to Enter") or a keypad that can
be accessed from the driver's window of the
emergency vehicle. If a keypad is used, adequate
space shall be made for vehicles and a median
supporting the keypad.
3. The developer is to ensure radio frequency
transmit and receive capabilities for
Police/Fire/ Ambulance within the parking
structure. Retrofit installation of a repeater will be
required if initial construction without such wiring
fails to demonstrate radio capabilities.
4. Emergency telephones shall be placed within the
parking structure following ordinance guidelines
and enhance the locations with a blue light.
5. Stairwells shall have windows, so that activity
within the parking area and the stairwell area is
visible from either vantage point.
6. Ceilings within the parking structure will be
painted white to reflect available lighting.
7. Exterior openings in the parking structure shall be
fenced to reduce access.
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8. CCTV security cameras on site closed circuit
surveillance camera network in the parking garage
will aide law enforcement if criminal activity such
as auto burglary occurs. Monitoring and video-
taping is the responsibility of the management.
9. Graffiti resistant paint is recommended on any site
outdoor amenities.
10. Blind comers in parking structure and stairwells
shall be provided with shatter-proof convex
mirrors to improve visibility for both operators of
vehicles and pedestrians.
11. Pedestrian paths in parking structures will be
shown with appropriate safe crosswalk path areas.
12. Lighting fixtures shall be of vandal resistant type.
13. All entrances to the parking areas shall be posted
with appropriate signs per Sec. 222658(A) of the
California Vehicle Code and City of Dublin
Ordinance 55-87, Sec. 20 and listing the Dublin
Police Department Dispatch phone number 925-
462-1212, to assist in removing vehicles at the
property owner's/manager's request.
14. Locations of Security Phones 7.32.230 (h)(3),
need to be noted on Final Plans.
15. Parking Garage Lighting 7.32.230 (c)(lO), shown
on photometric plan.
16. Locations of Video Surveillance Cameras in the
Parking Structures and some commons areas to be
noted on plans.
17. Locations of Diagrammatic Map at complex
entrances.
18. Final Lighting Plan for all exterior lighting,
overlaid on Landscape Plan with point-by-point
photometric measurements.
19. Addressing shall be included in the parking
structure to aid visitors and emergency personnel.
20. Doors leading to elevator lobbies shall have
windows of at least 12"x12" located 5 ft above-
ound.
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PASSED, APPROVED, AND ADOPTED this 27th day of March 2007 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Planning Manager
G:\P A#\2005\05-1J05 Water Quality Pond Area HlPC Reso 8-9-1J5.doc
Planning Commission Chair
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