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HomeMy WebLinkAboutPC Reso07-11 CC SDR for Sycamore Grv 06-037 RESOLUTION NO. 07 - 11 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 (PA 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 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 (PA 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 (PA 03-010) of which the proposed Sycamore Grove project is a part. BE IT FURTHER RESOLVED that the Planning Commission of the 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 PA 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. 2 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 ofthe 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: 3 CONDITIONS OF APPROVAL: 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 III 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 8.96.020.0 for review and approval by the Director of Community Development and the Chief Building Official that provides a consistent and unobtrusive location for the 4 CONDITION TEXT RESPON. AGENCY 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 requirement if a satellite dish is installed. LANDSCAPING: 5. Design Development Submittals: Developer shall submit PL 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. 6. 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 Improvement Plans. 7. 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 comer of portion of the accented elevation and continue to the nearest change in wall plane to give the aooearance of a 5 WHEN REQ'D Prior to: On-going On-going On-going SOURCE Planning Planning Planning CONDITION TEXT RESPON. AGENCY competed design element. This shall be done to avoid the look of a veneer window and door opening in wall planes where enhanced materials are used shall have the enhanced materials returned into the opening. STANDARD SITE DEVELOPMENT REVIEW CONDITIONS 8. All projects approved by the City of Dublin shall meet the following standard conditions, if applicable, unless specifically exempted by the Community Development Department. 9. Final building and site development plans shall be reviewed and approved by the Community Development Department staff prior to the issuance of a building permit. All such plans shall insure: PL PL 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 offsite 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 masomy) 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 improvements are to be maintained in accordance 6 WHEN REQ'D Prior to: Installation of Accessory Structure Construction SOURCE Standard Conditions Standard Conditions . CONDITION TEXT 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 requirements. 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: 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. 7 RESPON. AGENCY WHEN REQ'D Prior to: On-going SOURCE . Standard Conditions CONDITION TEXT RESPON. AGENCY 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 1, 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. Final inspection or occupancy permits will not be granted PL until all construction and landscaping is complete in accordance with approved plans and the conditions required by the City. BUILDING DIVISION 12. Building Codes and Ordinances. All project B construction shall conform to all building codes and ordinances in effect at the time of building permit. 13. Retaining Walls. All retaining walls over 30 inches in B height and III 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 specifically excluded III an approved Phased 8 WHEN REQ'D Prior to: Issuance of Building Permits Through Completion Through Completion Prior to Occupancy of any affected building SOURCE Standard Conditions Building Building Building CONDITION TEXT RESPON. AGENCY 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 oflandscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 15. Building Permits. To apply for building permits, B Applicant/Developer 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 building permits. 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, landscape 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 Building Official, Fire Marshal and Director of 9 WHEN REQ'D Prior to: SOURCE Issuance of Building Building Permits Prior to Building issuance of building permits Occupancy Building of Unit Through Building Completion Prior to Building permitting CONDITION TEXT RESPON. AGENCY 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) if the opening(s) is not on the same side of the dwelling as the front door. b. Address signage shall be provided as per the Dublin Residential Security Code. c. Exterior address numbers shall be backlight and be posted in such a way that they can be seen from the street. d. An approved apartment unit-numbering plan shall be incorporated into the construction drawings. 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 prior to scheduling the final frame inspection. 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 occupancy. 25. Construction trailer: Due to size and nature of the B development, the applicant/developer shall provide a construction trailer with all hook ups for use by City 10 WHEN REQ'D Prior to: Prior to permitting Occupancy of any Unit Prior to permit issuance, and through completion Prior to permit Issuance SOURCE Building Prior to Building permit Issuance Through Building Completion Through Building Completion Prior to Building permit Issuance Building CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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 applicant!developer's expense. FIRE PREVENTION DIVISION 26. Ground ladder access is required to podium courtyards F Through Fire by straight run stairs and access paths (that will completion 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 Department. 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 appendix 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 garage shall be type I 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 F On-going Fire Codes as adopted by the City of Dublin PUBLIC WORKS 33. Final Map. The Developer shall process a Final Map for PW Public Condominium purpose. The Final Map shall show all Works 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 Public the project frontage sidewalk and landscape Works 11 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: improvements within the right of way of Keegan Street, Dublin Boulevard and Lockhart Street as shown on the Site Development Review exhibits. 35. Frontage Grading: The cross slope from the back of PW Public curb to three feet back of walk shall be 2% for all public Works 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 Public shall be used for the three entrances from the public Works 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 Public exhibits, shall be for loading and deliveries only. The Works signing for these areas shall be approved by the City Engineer. 38. Grading / Sitework Permit: Developer shall obtain a PW Public Grading / Sitework Permit from the Public Works Works Department for all grading and private site improvements. The Developer shall provide security to guarantee the grading and improvements, in an amount approved by the City Engineer. 39. Construction Plan for Traffic, Parking and Staging PW Public Area: The Developer shall prepare a plan for Works 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 Grading!Sitework Permit. 40. Parking Garage Spaces: Garage Parking spaces shall be PW Public 9 feet wide and 20 feet deep. The modified spaces, as Works shown on Sheets CA & 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 Public The geometric configuration and circulation for the Works entrances to the parking garages from the Dublin Boulevard driveway shall be designed to the satisfaction 12 CONDITION TEXT RESPON. AGENCY of the City Engineer. The driveway shall be a minimum 20 feet wide and have curb returns at the garage entrance with a minimum lO-foot radius. GENERAL 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, III constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following) 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 III 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 gOIllg to a public hearing. The Director of Community Development and the City Engineer also have the authority to make mIllor 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 project. 45. If there are conflicts between the Tentative Map approval PW and the SDR approval pertaining to mapping or public improvements the Tentative Map shall take precedent. 13 WHEN REQ'D Prior to: SOURCE Public Works Public Works Public Works Public Works CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: Agreement and Bonds: 46. The Developer shall enter into a Tract Improvement PW Public Agreement with the City for all public improvements. Works 47. The Developer shall provide performance (100%), and PW Public labor & material (100%) securities to guarantee the tract Works 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 performance security.) Permits: .. 48. Developer shall obtain an Encroachment Permit from the PW Public Public Works Department for all construction activity Works 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 III an Improvement Agreement may not be required. 49. Developer shall obtain all permits required by other PW Public agencies including, but not limited to Alameda County Works 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 Department. Submittals: 50. All submittals of plans and Final Maps shall comply with PW Public the requirements of the City of Dublin Public Works Works Department improvement plan submittal requirements. 51. Developer shall submit design development landscape PW Public plans showing details, sections and supplemental Works 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 Public reviews to obtain the approvals of all participating non- Works City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. 14 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 53. Developer shall submit a Geotechnical Report, which PW Public includes street pavement sections and grading Works recommendations. 54. Developer shall provide the Public Works Department a PW Public digital vectorized file of the "master" CAD files for the Works 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. Gradinl!: 55. The Grading Plan shall be in conformance with the PW Public recommendations of the Geotechnical Report and the Works approved Site Development Review. In case of conflict between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 56. A detailed Erosion Control Plan shall be included with PW Public the Grading Plan approval. The plan shall include Works detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. Improvem.ents: 57. The site improvements shall be constructed generally as PW Public shown on the Site Development Review. However, the Works 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, ioin trench and street improvements. 58. All public improvements shall conform to the City of PW Public Dublin Standard Plans and design requirements and as Works approved by the City Engineer. 59. The Developer shall install all traffic signs and pavement PW Public marking as required by the City Engineer. Works 60. The Developer shall provide bus stops and shelters at the PW Public locations designated and approved by the LA VT A and Works the City Engineer. The Developer shall pay the cost of procuring and installing these improvements. 61. Developer shall construct all potable and recycled water PW Public and sanitary sewer facilities required to serve the project Works in accordance with DSRSD master plans, standards, specifications and requirements. 62. Fire hydrant locations shall be approved by the Alameda PW Public Works 15 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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 Public shall be underground in accordance with the City policies Works 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 Public improvements shall connect to the existing stub outs to Works the project site. There shall be no new or relocated improvements within the public right of way unless approved by the City Engineer. 65. All utility vaults, boxes and structures, unless specifically PW Public approved otherwise by the City Engineer, shall be Works 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 potential conflicts are resolved. Construction: 66. The Erosion Control Plan shall be implemented between PW Public October 15th and April 15th unless otherwise allowed in Works 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 improvements. 67. If archaeological materials are encountered during PW Public construction, construction within 100 feet of these Works 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 suggest appropriate mitigation measures. 68. Construction activities, including the maintenance and PW Public warming of equipment, shall be limited to Monday Works through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. 69. Developer shall prepare a construction noise PW Public management plan that identifies measures to be taken to Works minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, 16 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included on the project plans. 70. The Developer shall be responsible for controlling any PW Public rodent, mosquito, or other pest problem due to Works construction activities. 71. The Developer shall be responsible for watering or other PW Public dust-palliative measures to control dust as conditions Works warrant or as directed by the City Engineer. Storm Water Quality (NPDES): 72. Prior to any clearing or grading, the Developer shall PW Public provide the City evidence that a Notice of Intent (NOI) Works 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 Department and be kept at the construction site. 73. The Storm Water Pollution Prevention Plan (SWPPP) PW Public shall identify the Best Management Practices (BMPs) Works 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 Public Dublin that guarantees the perpetual maintenance Works 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 operated and maintained. DUBLIN SAN RAMON SERVICES DISTRICT: 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. 17 CONDITION TEXT RESPON. AGENCY 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 III 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 completion of the project. 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 III accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 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 private property. 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 18 WHEN REQ'D Prior to: SOURCE CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. The applicant shall mIllImIze 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 placement and landscaping. 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. DUBLIN POLICE SERVICES 84. Emergency vehicle access to the secured parking garage PO Police 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 supporting the keypad device. 85. Driveway widths and locations including the parking PO Police structure to be approved by the City of Dublin Public Works. 86. Lighting IS required over exterior entrances/doors PO On-going Police 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 On-going Police devices. 88. Addressing and building numbers shall be visible from all PO On-going Police the approaches to the building. 89. Landscaping shall be kept at a minimal height and fullness 19 CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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 On-going Police designed to reduce their attractiveness to skateboarders and vandals. 91. The developer and/or property owner shall keep the site PO On-going Police clear of graffiti vandalism. 92. Exit doors shall be equipped with 180-degree viewers if PO On-going Police 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 On-going Police ongoing basis to establish an effective theft prevention and security program. 94. Housing and Parking structures, the developer to insure PO On-going Police radio frequency transmit and receIve capabilities for PoliceIFire/ Ambulance Radios. 95. DiagranIillatic maps will be displayed and illuminated PO On-going Police during hours of darkness at all locations of entry into the parking structure and into the complex. 96. Parking Structure. The following are requirements: PO On-going Police 1. 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 USIllg 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 PolicelFire/ 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. 20 CONDITION TEXT 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 corners 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)(10), 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"xI2" located 5 ft above- ground. 21 RESPON. AGENCY WHEN REQ'D Prior to: SOURCE PASSED, APPROVED, AND ADOPTED this 2ih day of March 2007 by the following vote: AYES: Cms. Wehrenberg, Biddle, Tomlinson, King and Schaub NOES: ABSENT: ABSTAIN: J4/ dA---- Planning Commission Chair ~.~ G:IPA#\2005\05-005 Water Quality Pond Area HIPC Reso 8-9-05.doc 22