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HomeMy WebLinkAboutItem 6.1 HansenRnchGPA&Rzn ~"""'~ ~ . . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 13,1995 SUBJECT: PUBLIC HEARING: P A 95-007 Hansen Ranch General Plan Amendment, Planned Development Rezoning, & Tentative Map Amendment REPORT PREPARED BY: Tasha Huston, Associate Planner ;jft.#- Exhibit A: / Resolution Adopting Findings Pursuant to the California Environmental Quality Act, Certifying a Final EIR, and Adopting a Statement of Overriding Considerations Exhibit B: / Resolution Approving General Plan Amendment Exhibit C: /Resolution Approving Planned Development Rezoning Exhibit D: / Resolution Approving Tentative Map Amendment _Exhibit E: / Draft Ordinance Amending the Dublin Zoning Ordinance EXHIBITS ATTACHED: BACKGROUND ATTACHMENTS ~ 1: /Staff Study showing general location of relocated homesites and possible General Plan Land Use Designations (exact lot configuration on General Plan Map does not apply) 2/ Proposed project Plans: A. Reduced copies of proposed Tentative Map Amendment and Limits of Grading Exhibit for 3 alternatives B. Full-size versions of proposed Tentative Map Amendment and Limits of Grading Exhibit for 3 alternatives 3: /General Plan Map depicting project site and area of proposed land use change 4: /Approved 1989 Tentative Map RECOMMENDATION: tr 1.) Open Public Hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Adopt Draft Resolutions (Exhibits A, B, C, and D) and waive reading and introduce the Zoning Ordinance for the Hansen Ranch PD District Rezoning, relating to P A 95-007, or provide direction and continue the matter to another specific City Council meeting. FINANCIAL STATEMENT: None BACKGROUND On February 14, 1995, Martha Buxton, representing California Pacific Homes, submitted an application for a General Plan Amendment, Planned Development Rezoning, and Tentative Map Amendment for revisions to Phase II of the approved Hansen Ranch subdivision (PA 95-007). The request involved approximately 2.4 acres of land (overall) redesignated from open space to residential land use, with 16 homesites relocated into an oak/bay woodland area, on the 147+ acre Hansen Hill Ranch project site. This amendment proposal for 16 lots was reviewed by the Planning Commission at a noticed Study Session on April 17, and a'Public Hearing on May 1, 1995. After the close of the May 1 hearing, the Planning Commission adopted resolutions recommending the City Council deny PA 95-007, General Plan Amendment, PD Rezoning; and Tentative Map Amendment COPIES TO: Applicant P A File Senior Planner Project Planner ITEMNO.M I CITY CLERK ~ J:'" t: ~ .. . . At the May 8, 1995 City Council meeting, Councilmembers considered the original proposal for 16 lots in the previously designated open space area. The Council provided the direction that a relocation of 16 lots into this environmentally sensitive area was not appropriate. At the City Council meeting, the applicant showed the Councilmembers a new proposal for 10 lots to be relocated into the open space area. Several issues were raised regarding the proposal, including: 1) the significant impacts to the environment, 2) relocation and extension of the road easements intended to serve the adjacent properties to the north and west, and 3) the amendments' consistency with the City's General Plan policies. The Council continued the Public Hearing on this item to the meeting of May 22, 1995, in order to provide staff the opportunity to evaluate the new IO-lot proposal and report back to the Council. After considering the staff's report and pubic comments on the 10-10t proposal at the May 22 meeting, the Council unanimously voted (4-0, Councilmember Howard absent) to require that 5 of the lots proposed in the open space/riparian habitat area should be removed out of that area, and either relocated or eliminated. If the lots are relocated, it should not involve additional tree removal. The Council also directed the applicant that easements for two future access roads should be depicted as extending to the project boundary. The Council requested that the applicant and staff work to develop several alternative plans for consideration at the June 13, 1995 Council meeting. ANAL YSIS The proposed "General Plan Amendment, Planned Development Rezone, and Tentative Map Amendment would redesignate the land uses in Phase II to allow 5 to 8 homesites to be relocated to an area previously designated for open space, and to allow revisions to the street and lot configurations in various other portions of the site. The General Plan Map would need to be adjusted to redesignate between 0.79 to 1.27 acres ofland from Open Space/Stream Corridor to Residential land use to allow lots in the Open Space/Riparian area at the intersection of Dry Creek Drive and Martin Canyon Creek (the area highlighted in Attachment 3). Adjustments to the land uses in other areas of Phase II are also proposed which would convert a total of 1.05 to 2.18 acres ofland designated for Residential development to Open Space. The overall change would result in a net increase in Open Space land of between 0.25 and 0.91 acres. SUMMARY Three versions of a revised project have been submitted for consideration. On all three of the alternatives, the five lots on the loop road near Dry Creek Drive, which were the subject of discussion at the May 22, 1995 meeting, have been relocated to various different areas of the site. The removal of lots from the loop road results in two large open space corridors between the homes for wildlife passage. Also, by relocating the lots, approximately one-half acre of trees in this area which were shown to be removed on the May 22 meeting's plan, could be saved. However, in order to relocate the five lots, additional tree removal beyond that approved in 1989, would be required in other areas of the site. For the overall Phase II area, the three proposals would involve about 2 to 3 more acres of trees removed beyond that approved in 1989. In the open space/riparian area, however, the net acres of tree removal would not increase beyond that approved under the 1989 plan. For all three alternatives, the overall grading for Phase II would be about 12 to 14 acres less than that approved under the 1989 plan. This is mainly due to the elimination of grading on the knolls in the southwest corner of the site. However, in the Open Space/Riparian area, slightly more grading than approved under the 1989 plan is proposed for all three alternatives. The acres of grading in the riparian area is the same under all alternatives, because the Dry Creek Drive hammerhead is shown extended as far to the north property line as possible. The project under all three alternatives involves reconstructing a swale through the open space area, so that the slope forms a drainage channel to Martin Canyon Creek.. The project also includes enhancing the planting in this area to eventually recreate a riparian habitat similar to that existing in the riparian woodlands south of the loop road. Extending Dry Creek Drive further north, however, will impact the connection of the drainage swale to the creek. Approximately one-quarter to one-half acre of trees in this riparian area would not be replanted, beyond those lost under the 1989 plan, due to the developed lots. Of the three alternatives proposed, the layout of Alternative number 1 involves less impact to the Open Space/Riparian area, due to fewer lots proposed there. In terms of Open Space/Riparian area protection, this alternative would most closely meet the intent of the City's General Plan policies. However, any of the alternatives would have environmental impacts beyond those approved under the 1989 plan, and all would require a General Plan Amendment from Open Space to Residential to allow lots on Dry Creek Drive. The major components of the alternatives are discussed below. Alternative 1 The main differences between this proposal and the plan approved in 1989 are the reconfiguration of lots near the earthquake fault, and the proposal for lots in the Open SpacelRiparian area. This option proposes 5 lots on Dry Creek Drive, 2 flag lots in the northwest corner of the site, and three additional lots on the cul-de-sac labeled "D Court". 2 . . Overall, the tree removal in the entire Phase II area under Alternative 1 is more than that approved in 1989, as shown on the Summary ofImpacts on Page 4. The additional tree loss is mainly due to the shift in the loop road alignment, the grading to repair landslides, and the elimination ofa crib wall. Some of the tree loss is also due to relocating lots off of the loop road, and onto "D" Court and into the flag lot area. A crib wall was previously proposed for the custom lots along Inspiration Drive, in order to reduce the grading and tree removal, as required by the EIR. The new proposal involves 6 lots in this area with flat pads, instead of custom lots with a reinforcing wall. This change would result in additional oak/bay woodland removal in this area of the site which was not approved under the 1989 plan, as shown in the Summary of Impacts table. The lots in the Open Space/Riparian area are sited to preserve corridors for wildlife travel and open space on either side of Dry Creek Drive. The encroachment of development from the five lots on Dry Creek Drive into the Open Space/Riparian area reduces the acreage of reforested area under Alternative 1, as compared to the approved plan.. Overall, of the 43.5 acres of oak/bay woodland in the entire Phase II area, this alternative would remove 15.0 acres, as compared to 12.24 acres removed under the 1989 approval. For a comparison of the impacts from each of the alternatives, please see page 4. Alternative 2 As with Alternative 1, the main differences between this proposal and the plan approved in 1989 are the reconfiguration of lots near the earthquake fault, and the proposal for lots in the Open Space/Riparian area. This option proposes 8 lots on Dry Creek Drive, and 2 flag lots in the northwest corner of the site. No additional lots are proposed on the cul-de-sac labeled "D Court". Overall, the tree removal in the entire Phase II area under Alternative 2 is more than that approved in 1989, as shown on the Summary ofImpacts on Page 4. The additional tree loss is mainly due to the shift in the loop road alignment, the grading to repair landslides, and the elimination ofa crib wall. Some of the tree loss is also due to relocating lots off of the loop road, and into the flag lot area. In the area of the site near Inspiration Drive, additional oak/bay woodland removal would also occur which was not approved under the 1989 plan. The crib wall previously proposed for the custom lots is eliminated under this proposal, resulting in additional grading and tree removal for 6 lots with flat pads, instead of custom lots. The lots in the Open Space/Riparian area are sited to preserve corridors for wildlife travel and open space on either side of Dry Creek Drive. The encroachment of development from the five lots on Dry Creek Drive into the Open SpacelRiparian area reduces the acreage of reforested area under Alternative 1, as compared to the approved plan. Overall, of the 43.5 acres of oak/bay woodland in the entire Phase II area, this alternative would remove 14.2 acres, as compared to 12.24 acres in the 1989 approval. For a comparison of the impacts from each of the alternatives, please see page 4. Alternative 3 As with Alternatives 1 and 2, the main differences between this proposal and the plan approved in 1989 are the reconfiguration oflots near the earthquake fault, and the proposal for lots in the Open Space/Riparian area. This option proposes 6 lots on Dry Creek Drive, 2 flag lots in the northwest corner of the site, and 2 additional lots on the cul-de-sac labeled "D Court". Overall, the tree removal in the entire Phase II area under Alternative 2 is more than that approved in 1989, as shown on the Summary ofImpacts on Page 4. The additional tree loss is mainly due to the shift in the loop road alignment, the grading to repair landslides, and the elimination ofa crib wall. Some of the tree loss is also due to relocating lots off of the loop road, and into the flag lot area. In the area of the site near Inspiration Drive, additional oak/bay woodland removal would also occur which was not approved under the 1989 plan. The crib wall previously proposed for the custom lots is eliminated under this proposal, resulting in additional grading and tree removal for 6 lots with flat pads, instead of custom lots. The lots in the Open SpacelRiparian area are sited to preserve corridors for wildlife travel and open space on either side of Dry Creek Drive. The encroachment of development from the five lots on Dry Creek Drive into the Open Space/Riparian area reduces the acreage of reforested area under Alternative 1, as compared to the approved plan. Overall, of the 43.5 acres of oak/bay woodland in the entire Phase II area, this alternative would remove 15.0 acres, as compared to 12.24 acres in the 1989 approval. For a comparison of the impacts from each of the alternatives, please see page 4. 3 ~ , .. . . SUMMARY OF IMPACTS HANSEN RANCH PHASE II ALTERNATIVES As compared to 1989 approval COMP ARED TO 1989 APPRO V AL ALTERNATIVE I AL TERNA TIVE 2 ALTERNATIVE 3 ADDITIONAL TREE REMOVAL a. Overall 2.79 acres 1.93 acres 2.83 acres b. In open space/riparian area 0 0 0 c. Due to elimination of crib wall 0.76 acres 0.76 acres 0.76 acres d. Due to 2 Flag Lots 0.15 acres 0.15 acres 0.15 acres e. Due to extending cul-de-sac off of 0.50 acres -0.36 acres 0.60 acres Inspiration Drive ("D" Court) f. Due to other changes and landslide 1.38 1.02 1.32 repairs ADDITIONAL GRADING IN OPEN 0.36 acres* 0.36 acres* 0.36 acres* SP ACEIRlP ARIAN AREA -. REDUCTION IN REFORESTED AREA 0.25 acres 0.46 acres 0.26 acres ENCROACHMENT OF DEVELOPED PADS 0.79 acres 1.27 acres 0.95 acres INTO OPEN SP ACEfRIP ARIAN AREA REDUCTION OF OVERALL GRADING 12.17 acres 13 . 8 acres 12.12 acres WIDTH OF CORRIDORS IN OPEN 480 feet and 320 440 feet and 320 480 feet and 320 SPACEIRIPARIAN AREA (compared to one feet feet feet 825-foot gap in approved plan) NET INCREASE IN OPEN SPACE 0.25 acre 0.91 acres 0.32 acres * NOTE: These figures are the same because the Dry Creek Drive hammerhead is extended as far to the north property line as possible on all three Alternative plans. Road Easements Another major issue raised at the Council meeting was the need to provide easements to the property line in two areas. The roads in question are the Dry Creek Drive stub street, and an Emergency Vehicle Access between lots 107 and 108 (on the Alternative 1 plan). Easements for these accesses are shown at least 40 feet wide on the plans for all three alternatives. General Plan Policies The issue before the Council is whether the proposed revisions to the subdivision design, and the proposed change in land use designation, are appropriate, given other General Plan policies. In the Staff Report for the May 22, 1995 City Council meeting, several General Plan policies which should be considered in evaluating the proposed alternative were identified. These policies relate to the preservation of Open Space and natural resources for public health and safety, the protection of riparian vegetation for its habitat value and as an aesthetic resource, and the protection and preservation of oak woodlands. Two additional General Plan policies require prohibiting development in open space areas, and minimizing grading for roads through open space areas to the maximum extent possible. ENVIRONMENT AL REVIEW In compliance with CEQA and the Dublin Environmental Guidelines, the staff prepared an Initial Study for the proposed project. Based upon this Initial Study, it was determined that the EIR certified by the Dublin City Council on February 27, 1989 for a previous project (PA 87-045 Hansen Hill General Plan Amendment) could be used as the EIR for this project. This previous EIR (dated December 1987; SCH No. 87050527), including the revised project description addendum (dated May 1988), Statement of Overriding Considerations and Mitigation Monitoring Program encompass the subject site and adequately describe 1) the environmental setting, 2) the significant environmental impacts and, 3) the alternatives and mitigation related to the significant effects of the development on this project site. With the three alternatives proposed, there remain impacts to oaklbay woodlands due to grading, and impacts upon the open space/riparian corridor due to development of homes. Under the plan approved in 1989, significant impacts to the oak woodlands and riparian vegetation would be minimized through implementation of the EIR mitigation measures. The primary mitigation measure was elimination of residential development along the loop road. Another mitigation measure required minimal grading for 4 · \ " Do . . the road. Another required that the slopes graded for the road be revegetated with native plants after construction. With the approved plan, the trees replanted on graded slopes would eventually mature to replace most of the oak woodland area destroyed by the roadway grading. With the proposed alternatives, these mitigation measures could not be implemented to their full extent. A statement of Overriding Considerations would need to be adopted if the project is approved. A Draft Resolution incorporating a revised Statement of Overriding Considerations, adopting findings, and certifying the EIR has been prepared and is included as Exhibit A, to be used if the Council determines the proposed amendment should be approved. CONCLUSION The proposed alternatives have potential impacts on the Open SpacelRiparian area due to reduction in reforested area, encroachment of developed pads, and reduction in width of wildlife corridors. The alternatives also involve additional tree loss due to grading. The 3 proposed alternatives have potential benefits due to increasing the overall amount of open space, reducing the overall amount of grading, enhancing the revegetation in the remaining Open Space/Riparian area, increasing the supply of housing, and improving property and sales taxes. RECOMMENDATION Staff"recommends that the City Council evaluate the three alternatives in consideration of the General Plan policies and determine whether the proposed plans provide a supportable project and balance oftradeoffs. AL TERNATIVES/OPTIONS If the Council determines that the land uses as generally shown on the Staff Study General Plan Anlendment Map are acceptable, and the proposal is a supportable project, it could identifY the alternative to be approved, and staff will insert the appropriate lot and acreage numbers in the attached resolutions. The Council would then adopt the attached Resolutions adopting CEQA Findings, revised Statement of Overriding Considerations, and certifying the EIR, approving the General Plan Amendment and Tentative Map Amendment, and waive reading and introduce the Zoning Ordinance Amendment for the Hansen Ranch PD Rezoning (Exhibits A through E). If the Council determines that the proposed alternatives do not provide the City with a supportable project after consideration of the tradeoffs analyzed above, the Council could consider other options, including, but not limited to: 1) An amended plan which involves fewer impacts upon oak woodlands, and thus retains more consistency with the General Plan. This option could include eliminating lots in areas which impact the oak woodlands, and/or the open space/riparian area. 2) Denial of the project as proposed. If the Council wishes to consider alternative designs, staff requests that direction be given regarding whether lots should be eliminated, and whether other design possibilities such as increased densities would be appropriate. g:\pa#\199S\pa9S007\srcc613.doc; c:\planning\tasha lhansenI9S007\srcc613.doc 5 RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CERTIFYING A FINAL ENVIRONMENTAL IMP ACT REPORT AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS (HANSEN RANCH PHASE II P A 95-007) WHEREAS, California Pacific Homes, Inc. ("CPI-f') owns and plans to develop approximately 147 acres ofland commonly known as Hansen Hill Ranch located in the City of Dublin (the "Project Site") with 180 single-family homes. Land use applications for the Hansen Hill Ranch project were originally approved in February of 1989 as follows: A. Resolution 019-89 for P A 87-045 making CEQA findings, certifying a final environmental impact report and adopting a statement of overriding considerations. B. Resolution 020-89 adopting a Mitigation Monitoring Program ("MMP# I") for the project. C. Resolution 021-89 adopting general plan amendments to allow low density single family residential (0.5-3.8) units per acre) development on the Project Site; and WHEREAS, in November of 1989, the City adopted a mitigated negative declaration, a Mitigation Monitoring Program under Resolution No. 128-89 ("MMP#2") and approved a prezoning of the Project Site to a Planned Development district under Resolution No. 129-89 and a tentative subdivision map for 180 single family residential lots on the Project Site under Resolution No. 130-89 pursuant to the approved general plan amendment; and WHEREAS, CPH plans to develop Hansen Hill Ranch in two phases of 72 and 108 residential lots, respectively, CPH has requested a general plan amendment, a planned development rezoning and a tentative subdivision map that would reconfigure the residential lots within Phase II but would not increase the total number of lots in the project. Under this request as originally filed, sixteen residential lots would be relocated to an area previously designated as open space although virtually all of the area would have been graded for an access road under the previous approval. The application has been modified to reduce the number of residential lots to be relocated from sixteen to_lots. The current request for Phase II (PA 95-007, as modified) proposes to redesignate approximately_ acres of the Project Site from open space to low density single family residential to allow _ homesites in the open space/riparian area, and make other adjustments on the land use map, for an overall increase in open space land of acres; and WHEREAS, CPH has requested the following approvals from the City for Phase II: A. General Plan Amendment to redesignate approximately _ acres from Open Space/Stream Corridor to Low Density Single Family Residential (0.5-3.8 DU/acre) land uses in the riparian corridor area, and approximately _ acres from Low Density EXHIBIT A Single Family Residential to Open Space/Stream Corridor land uses in other areas of the site, for an overall net increase in open space land of _ acres; B. Planned Develooment Rezoning to change the designated zoning on the Project Site from PD Open Space to PD Single Family Homes in the riparian corridor area, and from PD Single Family Homes to PD Open Space in other areas of the site, and to revise various PD General Provisions and the configuration of the residential lots within Phase II of the project. The PO Rezoning reduces the average lot size from 7700 square feet to 7560 square feet; C. Tentative subdivision map amendment that reflects the reconfiguration of the residential lots within Phase II as described above; and WHEREAS, the City prepared an Initial Study to determine the appropriate type and level of environmental review for the proposed amendments. The Initial Study, dated March 16, 1995, indicated that the environmental impact report certified in February of 1989 for the Hansen Hill Ranch project and the mitigated negative declaration adopted for the project in 1989 (collectively, the" 1989 EIR"), and the accompanying statement of overriding considerations and Mitigation Monitoring Program, adequately describe the general environmental setting, the significant environmental effects, and' the alternatives and mitigation measures related to each significant effect. The grounds for this determination were based on the fact that the current application proposes development in an area that was also proposed for development in the original 1989 proj~ct description, although the project ultimately was not approved as proposed. The modification of the application to relocate fewer lots into the open space area does not implicate any environmental issues not addressed in the Initial Study; and WHEREAS, based upon the FEIR and the entire record before this City Coilncil, this City Council finds that the changes and modifications made to the 1989 EIR after it was circulated for public review and comment for the Phase II Approvals do not collectively or individually constitute: (i) changes to the proposed project that would require major revisions to the 1989 EIR due to the involvement of new significant environmental impacts or a substantial increase in the severity of previously identified significant impact; (ii) substantial changes with respect to the circumstances under which the project is undertaken which would require major revisions of the 1989 EIR; or (iii) significant new information. Therefore, the changes and modifications do not require the preparation of a Subsequent or Supplemental EIR under CEQA. WHEREAS, pursuant to CEQA Guidelines section 15153, the City prepared a "Notice of Use of EIR From Earlier Project" commencing a 30-day public review and comment period from March 17, 1995 to April 15, 1995. The 1989 EIR was available for review and comment by concerned citizens and public agencies during this period. Only one comment letter was received during the comment period, however it did not address the issue of using the previous EIR for the current project; and WHEREAS, on April 17, 1995, the Planning Commission held a noticed study session to receive oral testimony regarding the use of the 1989 EIR for the current project and held a public hearing on May 1, 1995 to consider the proposed amendments; and WHEREAS, the City received two written comments on use of the EIR after the close of the comment period, one from the Dublin Unified School District and one from the Department ofFish and g:\pa#\1995\95007\ccreceqa 2 Game; although the letters were received after the public comment period, responses were included in the May 1, 1995 Planning Commission staff report; and WHEREAS, at its May 1, 1995 public hearing, the Planning Commission recommended denial of the proposed amendments to the City Council for review at a noticed public hearing of the Council to be held on May 8, 1995; and WHEREAS, the Council held a public hearing on May 8, 1995, which was continued to May 22, 1995, and June 13, 1995; and WHEREAS, the 1989 EIR together with the March 16, 1995 Initial Study constitute the Final EIR for the current project amendments (P A 95-007, as modified). NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council finds as follows: A. The March 16, 1995 Initial Study, the 1989 EIR and the "Notice of Use ofEIR from Earlier Project" all reflect the independent judgment of the City Council. B. All of the impacts and mitigation measures identified in the 1989 EIR, as well as related findings and mitigation monitoring programs (MMP#1 and MMP #2) continue in effect except for the Vegetation and Wildlife mitigations in the EIR calling for: 1) Preservation of oaklbay woodlands in neighborhoods 5 and 9; and 2) elimination of residential lots in the open space/riparian area. These include, but are not limited to, eliminating grading in areas of the site identified in the 1989 EIR project description, mitigation measures requiring a detailed revegetation plan for disturbed areas and requiring compliance with California Department of Fish & Game requirements. C. The mitigation in the EIR calling for: 1) Preservation of oak/bay woodlands in neighborhoods 5 and 9; and 2) elimination of residential lots in the open space/riparian area is infeasible because of the following specific economic, social or other considerations: Since the approval of the Hansen Hill Ranch project in 1989 various geologic hazards have been identified, including an earthquake fault in the western portion of the site and additional landslides, which have required the reconfiguration of the individual lots. In order for the project to be economically feasible, it is necessary to retain as many of the lots approved in 1989 as possible. In addition to the earthquake fault and landslides, other natural features of the site, including oak bay woodlands, riparian corridor, steep slopes, and open ridgelines, constrain development of the remainder of the site and make it infeasible to relocate lots to any area which is not environmentally sensitive. The relocation of _lots to the open space/stream corridor area, will allow up to 180 units while protecting the riparian corridor to the extent practicable. D. Vegetation and wildlife impacts relating to the oak bay woodland and riparian habitat In the relocation area have been mitigated to the extent feasible, but still cannot be avoided. These effects are nevertheless acceptable due to the following overriding considerations. g:\pa#\1995\95007\ccreceqa 3 1. Provisions of Housing. The Hansen Hill Ranch project will provide housing opportunities in the City and in a region where housing is costly and in short supply. The project will facilitate the City's ability to contribute its fair share of regional housing opportunities. 2. Provisions of Increased City Revenues. The Hansen Hill Ranch Project will provide economic benefits for the community in terms of increased property and sales tax revenues. 3. Open Space and Visual Impacts. The project designates substantial areas ofland for open space and low intensity residential uses. The project as amended would result in a net increase of _ acres of open space land on the project site. This open space will conserve the ecological values of the site and surrounding areas and provide recreational and open space amenities for residents of the project, the City and the region. The proposed amendments provide that an approximately 16 acre area in the southwest portion of the Project Site with two existing knolls will remain natural and ungraded. Under the Prior Approvals, the saddle between the knolls would have been filled, creating a manufactured hill that would have been highly visible thro.ughout the community. The adverse visual impacts of the project are therefore decreased by the proposed amendments. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Dublin City Council certifies the Final EIR for the proposed amendments (P A 95-007), as modified) as having been completed in compliance with CEQA, and adopts the findings and statement of overriding considerations outlined herein. PASSED, APPROVED AND ADOPTED this 13th day of June, 1995. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk g:\pa#\1995\95007\ccreceqa 4 RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING GENERAL PLAN AMENDMENT FOR PA 95-007 HANSEN RANCH/CALIFORNIA PACIFIC HOMES PHASE II WHEREAS, California Pacific Homes has requested a General Plan Amendment Study, Planned Development Rezoning and Tentative Map Amendment to redesignate approximately_ acres of the Hansen Ranch Site from Open Space/Stream Corridor to Low Density Single Family Residential (0.5 to 3.8 DU/AC), to allow _ homesites in the open space/riparian area, and make other adjustments on the land use map from Low Density Single Family Residential to Open Space land uses for an overall increase in open space land of ~ acres; and to rezone the Planned Development Open Space Prezoning to relocate ~ single family residential lots into the Open Space/Stream Corridor area; and WHEREAS, pursuant to the provisions of State Planning and Zoning Law, it is the function and duty of the City Council of the city of Dublin to review and act on proposed amendments to the City's General Plan; and WHEREAS, the Planning Commission held a properly noticed study session on April 17, 1995, and a public hearing on May 1, 1995 to consider the General Plan Amendment, PD Rezoning, Tentative Map and previous EIR for P A 95-007 planning application for Hansen Hill/California Pacific Homes; and .. WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff analysis was submitted recommending denial of the General Plan Amendment to redesignate the 2.4::1: acre open space area to low density single family residential (0.5 to 3.8 DU/AC); and WHEREAS, the General Plan Amendment has been reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, the certified Hansen Ranch EIR determined that development within the proposed area would have significant adverse impacts to the oak woodland/riparian habitat area; and WHEREAS, the Planning Commission on May 1, 1995 adopted Resolution Nos. 95-13, 94-14 and 95- 15 recommending denial of the proposed amendments; and WHEREAS, the City Council considered the Planning Commission recommendation at a duly noticed public hearing on May 8, 1995, May 22, 1995, and June 13, 1995; and WHEREAS, the City Council considered all reports, recommendations and written and oral testimony submitted at the Public Hearing as herein above set forth; and WHEREAS, the City Council on June 13, 1995 adopted Resolution 95- adopting CEQA findings, certifying a final environmental impact report and adopting a statement of overriding considerations. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: 1. That the City of Dublin has adopted a General Plan as a long term policy document which contains several long term goals including preserving oak woodlands and riparian vegetation; and EXHIBIT B 2. That the proposed general plan amendment (P A 95-007) is consistent with the existing General Plan policies that require preservation of oak woodlands and riparian vegetation in that (a) the lots which will be relocated into + acre area will be sited to avoid the riparian corridor to the greatest extent practicable; (b) the proposed development includes measures to enhance vegetation in the reconstructed swale over the riparian corridor; ( c) grading and loss of oak woodlands will occur in the :!: acre area in any event in order to construct the road which traverses this area, (d) the General Plan Amendment results in a net increase of _ acres of open space on the project site; and 3. That existing General Plan policies require revegetation of graded slopes with native tress, grass, and shrubs and that the portions of the project site to be graded will be revegetated; and 4. That the proposed General Plan Amendment land use designation is consistent with the General Plan policies, in that the proposed development will eliminate grading on 16.28:!: acres of the site which will allow two knolls to remain natural and ungraded, thus advancing general plan policies 2.1.4 ( c), 3.1 ( c), 3.3 (g), and 3.3 (h) restricting development along ridgelines; and lots will be moved away from the earthquake fault, and grading improvements will be made to repair landslides, thus advancing general plan policy 8.1(a). BE IT FURTHER RESOLVED THAT THE Dublin City Council approves PA 95-007, Hansen Ranch/California Pacific Homes General Plan Amendment; and redesignates approximately_acres of the Hansen Ranch Site from Open Space/Stream Corridor to Low Density Single Family Residential (0.5 to 3.8 DU/ AC), to allow _ homesites in the open space/riparian area, and make other adjustments on the land use map from Low Density Single Family Residential to Open Space land uses, for an overall increase in Open Space land of _ acres, as shown on Attachment 1, Staff Study. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby direct the Staff to edit, format, and print the up to date Dublin General Plan with all City Council approved revisions and without any other substantive changes. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby direct that the Applicant is responsible for all costs the City incurs in providing an up to date Dublin General Plan resulting from the adoption of Hansen Ranch/California Pacific Homes General Plan Amendments. BE IT FURTHER RESOLVED THAT this resolution shall be effective 30 days following the date of adoption. PASSED, APPROVED AND ADOPTED THIS 13th day ofJune, 1995. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk g:\pa#\ 1995\9 5001\ccresgpa RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PLANNED DEVELOPMENT (PD) REZONING AND GENERAL PROVISIONS FOR P A 95-007 HANSEN RANCH/CALIFORNIA PACIFIC HOMES PHASE II WHEREAS, California Pacific Homes has requested a General Plan Amendment Study, Planned Development Rezoning and Tentative Map Amendment to redesignate approximately_ acres of the Hansen Ranch Site from Open Space/Stream Corridor to Low Density Single Family Residential (0.5 to 3.8 DUlAC), to allow _ homesites in the open space/riparian area, and make other adjustments on the land use map from Low Density Single Family Residential to Open Space land uses for an overall increase in open space land of_ acres; and to rezone the Planned Development Open Space Prezoning to relocate _ single family residential lots into the Open Space/Stream Corridor area; and WHEREAS, the General Plan Amendment has been reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, the Planning Commission held a properly noticed study session on April 17, 1995, and a scheduled public hearing on May I, 1995 to consider the General Plan Amendment, PD Rezoning, Tentative Map and previous EIR for P A 95-007 planning application for Hansen Ranch/California Pacific Homes; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the staff report was submitted recommending the Planning Commission recommend City Council denial of the applications, including the Planned Development Rezoning; and WHEREAS, the Planning Commission on May 1, 1995, considered all reports, recommendations and written and oral testimony submitted at the Public Hearing as hereinabove set forth and adopted Resolution No. 95-15 reconunending denial of the applications; and WHEREAS, based on the reports, reconunendations and testimony before it, the City Council determined the General Plan Amendment redesignation would be consistent with other applicable general plan policies and objectives and adopted Resolution _ - 95 approving the General Plan Amendment; and WHEREAS, the City Council considered the Planning Commission recommendation as a duly noticed public hearing on May 8, 1995, May 22, June 13, 1995; and WHEREAS, based on the reports, recommendations and testimony before it, the City Council considered whether the Planned Development Rezoning request was consistent with the General Plan as anlended and with the objectives of the zoning ordinance Planned Development Provisions. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council does hereby fmd that: 1. The proposed PlaIUled Development Rezoning, as conditioned, is consistent with the City General Plan and Policies in that the site would allow residential development under the approved General Plan Amendment. EXHIBIT C 2. The proposed Planned Development Rezoning, as conditioned, is consistent with the Plarmed Development provisions of the zoning ordinance and the general nature and character of the project as approved in the original Planned Development zoning. 3. The proposed Planned Development Rezoning, as conditioned, will benefit the public necessity, convenience and general welfare in that it confornls to the provisions of the City's zoning ordinance. 4. The proposed Planned Development Rezoning, as conditioned, will provide efficient use of the land and will preserve significant open areas and natural and topographic landscape features; will provide an environment which will encourage use of open areas for neighborhood activities; will be compatible with and enhance development of the general area; and will create an attractive, efficient and safe environment. 5. The proposed Rezoning will not have a significarlt envirolmlental impact; arld 6. The Rezoning, as conditioned, is appropriate for the subject property in tenns of being compatible to existing land uses in the area, and will not overburden public services; and J> 7. The Rezoning will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare, or be injurious to property or public improvements. BE IT FURTHER RESOLVED THAT THE Dublin City Council approves PA 95-007, Hansen Ranch/California Pacific Homes Planned Development Rezoning subject to the following general provisions and development standard which constitute regulations for the use, improvement and maintenance of the Hansen Ranch project. GENERAL PROVISIONS 1. Intent: This approval is for Plarmed Development Rezoning P A 95-007 Hansen Ranch, an amendment which supersedes the PD prezoning approved under P A 89-062. This PD District is established to provide for and regulate the development of production and custom single-family dwellings. This approval rezones up to 180 low- density single-family lots on approximately _ acres and the remaining acreage. Approximately _ acres are rezoned as open space. This Resolution shall contain the previously approved Conditions for Phase I of the Hansen Ranch Planned Development. While no changes to Phase I are currently proposed, this Resolution is consolidating the Conditions arld requirements previously approved to allow more efficient project review of the entire site. Development shall be generally consistent with the following submittals: A. Tentative map prepared by Adams & Streeter dated received May _, 1995. B. Plans prepared by Bassenian Lagoni Architects, consisting of preliminary floor plans and elevation plans dates received January 23, 1992 (as amended for Phase I under PA 91-096), to generally depict the approved home designs for Phase I. C. Plans prepared by Shleppey Hesmalhalch Associates, Inc. consisting of preliminary floor plans and elevation plans dated received May 22, 1989, to generally depict the approved home designs for Phase II. D. Plans prepared by David L. Gates and Associates consisting of21 sheets dated received August 9, 1989 relating to landscaping and other general provisions, except for the lot configuration, which were amended through the 1989 approval and the 1995 amendment. A revised set of Landscaping and PD Illustrative Plans shall be provided to reflect the Lot configuration as approved under the amended tentative map (per condition of approval). 2 2. Site Development Rcview: All structures shall be subject to the Site Development Review procedures established in the City of Dublin Zoning Ordinance unless a Site Development Review waivcr is approved by the Planning Director and a zoning approval is granted constitutes a minor project and building pennit plans are in accord with the intent and objectives of the Site Development Review procedures. 3. Yards (Setbacks): The minimum requirement for yards shall be as follows: A. Depth afFront Yard (Setback): 20 foot minimum Exception: 1) 10 foot minimum for units with side vchicular entrance garages (see building height exception) and 2) custom homes may deviate from the 20 foot minimum setback subject to approval of Site Development Review finding that either the topographic or vegetative constraints of the site prevent the development from complying with the 30 foot minimum setback. In no event shall the front yard sctback for a custom home be less than 5 feet from the garage. B. Rear Yard (Setback): 20 foot minimum, 15 foot minimum clear and level zone Exception: I) see Section 8.26.6.1 Alternate Provision of Rear Yard (compensating yards) of the Dublin Zoning Ordinance. 2) 10 foot minimum for shade structures attached to the unit provided the shade structure is not enclosed (enclosed means more than one vertical wall). 3) 10 foot minimum setback for second story decks, however second story decks encroaching within the required 20 foot setback on lots with their rear property linc adjacent to another residentiallot(s) shall be subject to Site Development Review approval. C. Side Yard (Setbacks): 5 foot minimum with 15 foot total aggregate side yard setback required. 5 foot wide minimum clear and level zone each side yard. Exception: 10 foot minimum street side yard of comer lot. D. General Yard Provisions: 1. Fireplaces, chimneys and air conditioning units shall not encroach within the required clear and level zone. Other encroachments shall be subject to Planning Director review and approval. 2. Roof eaves, pop-outs, bays, architectural projections and columns may project 3 feet into required yards subject to compliance with building code requirements. 3. A 15 foot minimum separation shall be maintaincd between all buildings located on adjacent lots. 4. Accessory structures located in required yards shall be subject to the provisions of Section 8-60.20 through 8-60.32, 8-60.59 ofthc Dublin Zoning Ordinance. 5. On lots where the minimum rear yard clear and level zone can not be provided due to topography or vegetation constraints, decks of comparable area shall be required subject to Site Development Review approval. 6. Building Height: 32 foot maximum or two stories at anyone point. Building height shall be measured from the finished grade at the perimeter of the building to the top of the structure. Exception: Building height for units with garage 10 foot front yard setbacks, shall not exceed one (1) foot for each one (1) foot the building is setback from the back of sidewalk. However, architectural features and elements may exceed this provision by a 2 foot maximum, and a gable element may exceed this provision by 5 foot maximum. 3 7. Custom homes site development shall generally confoml to the guidelines established in "custom lot design guidelines". 8. Parking: minimum 2 covered parking spaces per dwelling 9. Building site: Lot size: 5,700 square foot minimum; 7,560 square foot average. 10. Except as specifically modified by the provisions of this PD (PA 95-007) District, the lots developed in this PD District shall be subject to the R~ 1 Single Family Residential District development criteria. 11. Except as specifically modified by the provisions of this PD District, all applicable and general requirements of the Dublin Zoning Ordinance shall be applied to development within this PD District. 12. The design, location and material of all fencing and retaining walls installed by the developer shall be subject to approval of Site Development Review. 13. All graded cut and fill slope areas shall be revegetated with native trees, shrubs and grasses subject to review and approval of the Planning Director and Public Works Director. 14. All landscape areas within open space and conunon areas shall be subject to approval of Site Development Review. 15. Appropriate vehicular access to open space shall be provided and maintained on a continuous basis, to the satisfaction of the Fire Chief, Public Works Director and Planning Director. 16. All signs established for identification of this project shall be subject to approval of Site Development Review. 17. Except as may be specifically provided for within these General Provisions for P A 95-007, development shall comply with City of Dublin Site Development Review Standard Conditions (Attachment 2). 18. Except as may be specifically provided for within this PD P A 95-007 development, shall comply with City of Dublin Police Services Standard Residential Building Security Recommendations (Attachment 3). 19. Residential lots 181 through 190 depicted on Sheets L-5 and L-6 prepared by David Gates & Associates are not approved in the configuration shown. 20. Minor deviations from the conditions established in Provision 15 and 16 above may be made through the Site Development Review process. 21. CC&R's shall be subject to review and approval of the Planning Director prior to recordation of the Final Subdivision Map. 22. The Open Space/Landscape Management Plan shall be subject to review and approval of the Public Works Director and Planning Director in conjunction with Site Development Review of Landscape Plans. The applicant shall submit to the City a tree replacement plan including the riparian corridor prepared by a qualified restoration specialist for the replacement of native trees. The plan shall include the methods and locations of tree plantings; the number of trees, their size and species to be planted; irrigation and maintenance methods; tree protection from browsing animals; and a five-year monitoring program to evaluate the rate of tree establishment against the perfonnance criteria of the plan. The plan will incorporate the teclmiques recommended as mitigation 4 measures in the 1989 EIR as well as other enhancement techniques required by staff, to ensure the success of the revegetated areas similar to the environment in the riparian area \voodlands south of the homesite relocation area. Examples of enhancements to the revegetation plan include, but are not limited to: irrigating young plants, placing top soil on fill slopes, and special planting techniques such as drilling into fill slopes to allow root penetration. TIle plan shall also include specific measures to protect native trees at the limits of grading which area not proposed for removal. Monitoring reports shall be submitted to the City of Dublin Planning Department. 23. A master trail system plan for the open space area shall be constructed and shall be subject to approval of Site Development Review. 24. Fire buffer zone shall be provided and maintained on a continuous basis to the satisfaction of the Dougherty Regional Fire Authority Fire Chief. 25. The fire buffer zone shall be subject to Site Development Review approval. 26. The applicant shall provide the City with a Planned Development site plan for the entire Hansen Ranch site, similar to the site plan approved under the original Planned Development P A 89-062, but showing the amended lot configuration as approved by the City Council February 27, 1995 (for Phase 1) and June 13, 1995 (for Phase II). This plan shall be provided prior to the Ordinance being adopted by the City Council. This Resolution ,..ill be effective upon the effective date of the Ordinance adopting the PD Rezoning. PASSED, APPROVED AND ADOPTED this of 13th day of June, 1995. AYES: NOES: ABSENT Mayor ATIEST: City Clerk (g:/pa#/95007/ccresopd) 5 RESOLUTION NO. - 9S A RESOLUTION OF 1HE CITY COUNCIL OF THE CITY OF DUBLIN --------------------------------------...-------------------------------------------------------------------------------------- APPROVING TENTATIVE MAP 6308 AMENDMENT FOR P A 95-007 HANSEN RANCH/CALIFORNIA PACIFIC HOMES WHEREAS, California Pacific Homes has requested a General Plan Amendment, Planned Development Rezoning and Tentative Map Amendment to redesignate approximately_ acres of the Hansen Ranch Site from Open Space/Stream Corridor to Low Density Single Family Residential (0.5 to 3.8 DU/AC), to allow _ homesites in the open space/riparian area, and make other adjustments on the land use map from Low Density Single Family Residential to Open Space land uses for an overall increase in open space land of _ acres; and to rezone the Planned Development Open Space Prezoning to relocate _ single family residential lots into the Open Space/Stream Corridor area; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for purpose of sale, lease or financing unless a tentatiye map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin subdivision regulations; and WHEREAS, the Planning Commission held a properly noticed study session on April 17, 1995, and a public hearing on May 1, 1995 to consider the General Plan Amendment, PD Rezoning, Tentative Map and previous EIR for P A 95-007 planning application for Hansen HilVCalifornia Pacific Homes; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the staff report was submitted recommending the Planning Commission recommend City Council denial of the Tentative Map; and WHEREAS, the Planning Commission on May 1, 1995, heard and considered all said reports, recommendations and written and oral testimony submitted at the Public Hearing as hereinabove set forth and adopted Resolution Nos. 95-13, 9S~14, and 95-15 recommending denial of the applications; and WHEREAS, the City Council considered the Planning Commission recommendation as a duly noticed public hearing on May 8, 1995 and May 22; and June 13, 1995. WHEREAS, the City Council adopted Resolutions 95- _ and 95- _ dated June 13, 1995 approving a related General Plan Amendment and Planned Development Rezoning to permit residential development in the area proposed for relocation of the single family residential lots. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: 1 EXHIBIT D I. The proposed Tentative Map amendment is consistent with the City General Plan as applied to this property in that the site would allow single family residential lots relocated into this area under the approved General Plan Amendment. 2. The proposed Tentative Map amendment is consistent with the Planned Development zoning in that the Planned Development zoning approval would permit residential lots in the proposed relocation area. 3. The proposed Tentative Map amendment may be approved pursuant to Government Code ss 66473.5,66474 and 66474.01 in that: A. The amendment is consistent with the approved General Plan Amendment and the Planned Development Rezoning proposing residential development in the relocation area. B. The design and improvement of the proposed Tentative Map amendment is consistent with the recorrunended General Plan Amendment in that design and improvement was reviewed in connection with the related General Plan Amendment and the Tentative Map amendment continues to comply with the overall project objective of providing large amounts of open space while restricting development to specific areas on the site. C. The site is physically suitable for the type and proposed density of development as reflected in the approved General Plan Amendment for residential development in the relocation area. -. D. The design of the proposed Tentative Map will cause substantial environmental damages to oak woodland and riparian corridor, however, the related impacts identified in the original EIR and Initial Study update have been mitigated to the extent feasible and a statement of overriding considerations has been adopted in Resolution 95 ~ ---' dated June 13, 1995. BE IT FURTHER RESOLVED THAT THE Dublin City Council does hereby approve PA 95-007, Hansen Ranch/California Pacific Homes Tentative Map Amendment subject to the following conditions: CONDITIONS OF APPROVAL Unless otherwise specified. the following conditions shall be complied with prior to the recordation of the Final Map. Each item is subiect to review and approval by the Planning Department unless otherwise specified. The following codes represent those departments/agencies responsible for monitoring compliance of the Conditions of Approval: fPLl Planning. fBl Buildinl!:. fPOl Police. fPWl Public Works. fADMl Administration/City Attorney. fFINl Finance. fFl Dougherty RelZional Fire Authority. roSRl Dublin San Ramon Services District. fCOl Alameda County Department of Environmental Health. GENERAL PROVISIONS I. Approval of Tentative Map is subject to the subdivider/developer securing final approval from the Dublin City Council for the General Plan Amendment and Planned Development (PD) Rezoning request covering the subject property. Any modifications to the project design approved by the General Plan Amendment or Planned Development (PD) Rezoning action shall supersede the design on the Tentative Map and shall be considered as an approved modification on the Tentative Map. Site Development Review approval for the project shall be secured prior to the recordation of the Final Map. Site Development Review and Final Map recordation may occur in phases. 2 2. This Resolution shall be considered as the approval for changes to Phase II of the Hansen Ranch subdivision (Tract 6308), and also shall contain the previously approved Conditions for Phase I of the Hansen Ranch subdivision (Tract 5766), as amended by the City Council on February 27, 1995. While no changes to Phase I are currently proposed, this Resolution is consolidating the Conditions and requirements previously approved to allow more efficient project review of the entire site. 3. The Developer shall comply with all requirements of the Department ofFish and Game related to mitigation of impacts due to development in and near the riparian habitat area, and other impacts resulting from the amended project, including any additional environmental studies that may be required. 4. Comply with the "Typical Public Works Conditions of Approval for Subdivisions". [PW] 5. Except as specifically modified elsewhere in these conditions, development shall conform to the Conditions of Approval established by: City Council Resolution Nos. 20-89 and 21-89, approved on February 27, 1989, pertaining to PA 87-045 Hansen Hill Ranch General Plan Amendment and Mitigation Monitoring Program for EIR. [PL] 6. The Developer shall comply with applicable Fire Department, Flood Controi District, and Public Works requirements. Written statements from each such agency or department approving the plans over which it has jurisdiction shall be submitted to the Planning Department prior to issuance of building permits on lots of the subdivision or the installation of any improvements related to this project. 7. Should the developer wish to file a master Tract Map separating or phasing the project, all off-site work shall be guaranteed and constructed as part of the agreement for this tract. In addition, all streets necessary to keep from landlocking any parcel shall be offered for dedication and the construction guaranteed by the Subdivision Agreement. [PW] COVENANTS, CONDITIONS AND RESTRICTIONS 8. Covenants, Conditions and Restrictions (CC&R's) shall be established for this development. The CC&R's shall be approved by the Planning Director prior to the recordation of the Final Map. 9. The CC&R's shall be reviewed and approved by the City to assure that: A There is adequate provision for at least the maintenance, in good repair, of all commonly owned facilities, property and landscaping, including but not limited to open space areas, lighting, recreation facilities, landscape and irrigation facilities, fencing, and drainage and erosion control improvements. B Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided to each buyer prior to the time of purchase. C The Homeowner's Association shall keep the City Planning Department informed of the current name, address and phone number of the Association's official representative. 3 D Payment of the private water and lighting bills (maintenance and energy) and maintenance and repair of storm drain lines, are the obligations of the Homeowner's Association, unless paid for through a Lighting and Landscape Maintenance Assessment District. E. Each buyer is to sign an acknowledgment that he has read the Constitution and Bylaws of the Homeowner's Association and the Conditions, Covenants and Restrictions applying to the development. F. The Homeowner's Association shall contract with, or be advised (as in handling maintenance operations) by, a professional management firm. G. The CC&R's shall include a statement outlining the obligations of the property owner to be responsible for public liability in case of injury in connection with public utility easements, and for maintenance of private vehicle access ways and utility trenches in public utility easements. H. The Homeowner's Association shall maintain a list of plant materials acceptable for landscaping subject to review and approval of the Planning Director and Fire Department. I. The CC&R's shall include a statement declaring that the road segment in Phase 2 which is shown as a dead end (Dry Creek Drive) is intended to be extended in the future to serve the adjacent property to the north. GRADING AND DRAINAGE 10. There are some manufactured slopes cut into mapped slides where the slides extend in tree covered areas. These slide areas must be repaired. Improvement plans must show the trees that have to be taken out and tree areas must be substantially in compliance with the areas of tree removal shown under the Tentative Map approved by the City Council. [PW] 11. The original development proposal did a tree survey in areas where the trees were to come out. Due to changes in the plan, a new tree survey is required, prior to approval of grading permit for Phase II. The tree survey shall be conducted by a qualified arborist or horticulturist and shall include the location and information on all trees 10 inches in diameter or greater proposed for removal. Information on each tree shall include species, diameter at breast height, and condition. All trees to be removed shall be tagged with a permanent, numbered aluminum tag. The information on tree removal will form the basis for the number of trees to be replanted. [PW,PL] 12. The right-of-way for the extension of Dry Creek Drive to the property line must be provided together with working easements and slope easements of adequate width for roadway construction, for the future construction of an extended roadway. The easements shall be shown on the final map prior to recordation. The hammer-head turnaround design shall be subject to the approval of the Dougherty Regional Fire Authority, and shall include a barricade at the end of Dry Creek Drive to facilitate street cleaning, subject to the Director of Public Works approval. It must be disclosed to all buyers in the development that Dry Creek Drive will be extended in the future, and a statement declaring the intended future extension of this road shall be recorded with the title or deed for each lot. [PW, PL] 4 13. A detailed alignment study for the Dry Creek Drive extension shall be undertaken by the developer to insure proper sight distance at the intersection and to insure a vertical and horizontal future connection across Martin Canyon Creek. [PW,PL] 14. Inspiration Drive (in Phase 11), Dry Creek Drive, "c" street, and all residential streets shall be 36' curb-to- curb over 52' right-of-way (ROW), and all cul-de-sacs must be 34' curb-to-curb over 50' right-ofway. The turnaround curb radius for cul-de-sacs must be a minimum of 40'. Minimum design speed for residential streets and cul-de-sacs is 25 mph. Inspiration Drive for Phase II shall be renamed on the loop from C Street northward and eastward. All the streets within final subdivision map must conform to the City's standards and to the satisfaction of the Director of Public Works and dedicated to the City. [PW] 15. The storm drain system for streets must be designed for at least 15-year flood, and channels must be designed for 1 DO-year flood. The downhill cul-de-sacs must provide a storm drain overflow corridor to pass between the two end units in the event that the cul-de-sac catch basin plugs up. [PW] 16. V-ditches must be picked up at the low point by drainage structures and conveyed to the bottom of natural drainage courses. [PW] 17. Ten-foot Public Utility Easements must be dedicated along all public streets. [PW] 18. Handicap ramps must be placed <l:t all curb returns and conform to Federal ADA and City of Dublin Standards. [PW] 19. Street trees must be placed along all public streets. The type of trees must be approved by the Public Works Director and must be placed at least five feet from the back of sidewalk. [PW,PL] 20. Written permission shall be obtained from the property owners of the adjacent lands for grading on their sites prior to approval of the grading plans by the City. Inspiration Drive within VCC must be dedicated to the City at the same time as the final subdivision map is recorded subject to the Public Works Director approval and City's acceptance. This road shall be completed prior to occupancy of the 26th unit on Bay Laurel Street. [PW] 21. A vehicle turnaround must be designed and constructed at the middle and west end of the hiking trail. [PW] 22. The Developer must obtain or prove that he already has rights to improve and transfer an easement to the City over the access road to the north of the creek. Access road shall be improved to the satisfaction of the Director of Public Works. In addition, this access road must be a minimum of 12' wide and designed, graded, the subgrade compacted, and a minimum of six inches of Class II aggregate base be placed and compacted on the access road. An easement for access and maintenance wide enough to properly maintain the road and any drainage improvements associated with the roadway must be transferred to the City. The turnaround must be designed and constructed at the west end of the access road. [PW] 23. If the road in the above condition cannot be improved and an easement dedicated to the City, then the eight-foot hiking trail on the south side of the creek shall be constructed as a twelve-foot trail and access road. [PW] 5 .24. The fence along the north property line of the creek area must be replaced with a welded wire fence, subject to Public Works and Planning Director approval. Also, gates must be installed at critical areas, with the exact location to be determined by Director of Public Works. [PW, PL] 25. The fire access roads must be designed, constructed, and gated to the satisfaction of the Director of Public Works. Improvement plans must be approved by the Dougherty Regional Fire Authority as indicated by their signature on the title sheet. [PW] 26. There is a large watershed for the open space within Inspiration Drive. It appears that the headwall for this area is not at the low point of the open space. This headwall shall be placed at the low point. [PW] 27. Developer and it's representatives (engineer, contractor, etc.) shall meet and follow all the City's requirements and polices, including Urban Runoff Program and Water Efficient Landscape Ordinance. [PW] 28. All of the plans including Tentative Map, Improvement Plans, Grading Plans, and subdivision maps must be designed to the City of Dublin's standards, policies, requirements, title block and formats. Grading plans must also be designed based on approved soil reports. In addition to the civil engineer, a soils . engineer must sign the grading plans. The soils engineer or his technical representative must be present at all times during grading. All plans must be designed and signed by a Registered Civil Engineer. Plans must be to the satisfaction of the Director of Public Works, and after his approval, original mylars or photo mylars with three sets of blue prints must be submitted to the City. [PW] 29. A faithful performance bond or securities that are 100% of Improvement cost, and a labor and material bond or securities that are 50% of Improvement cost, must be provided prior to issuing any grading or improvement pennits or whichever occurs first. Improvement cost will include street, drainage, grading, utilities, and landscaping cost to the satisfaction of the Director of Public Works. [PW] 30. Labor and materials bond will be released after City's acceptance of improvements. The Performance bond will be released one year after acceptance of improvements. The Developer, with the approval of the Director of Public Works, has the option of providing a Maintenance Bond after acceptance of improvements by the City which could be 25% of improvements costs. This will serve in lieu of the Faithful Performance Bond. Prior to release of the Faithful Performance Bond or the Maintenance Bond, all improvements and landscaping shall be installed and established per approved plans and a declaration by the project civil engineer that the finished graded building pads are within:t 0.1 feet in elevation of those shown on approved plans. [PW] 31. Upon completion of the work, an as-built plan (mylar) prepared by a registered civil engineer and a Declaration by a civil engineer that all work was done under his supervision shall be submitted to the Public Works Department. [PW] 32. Each lot shall be graded so as not to drain onto any other lot or adjoining property prior to being picked up by an approved drainage system. [PW] 33. A minimum 18" diameter pipe shall be used for all public storm drains to ease maintenance and reduce potential blockage. [PW] 6 34. All open space and common area landscaping shall be maintained by Developer or a Homeowners' Association or other mechanism acceptable to Public Works Director, including fire emergency access roads. [PW,PL] 35. Install fire hydrants at the locations approved by the Dougherty Regional Fire Authority in accordance with the standards in effect at the time of development. Raised blue reflectorized traffic markers shall be epoxied to the center of the paved street opposite each hydrant. [PW,F] 36. The minimum uniform street gradient shall be 1 % and structure design of the road shall be to the satisfaction and approval of the Director of Public Works. Parking lots shall have a minimum gradient of 1 % and a maximum gradient of 5%. No cut and fill slopes shall exceed 2: 1 unless recommended by the project soils engineer and approved by the Public Works Director. Slopes shall be graded so that there is both horizontal and vertical slope variation where visible from public areas in order to create or maintain a natural appearance. 37. All building pad elevations must be above the 1 DO-year flood level. [PW] 38. During the construction, noise control and construction traffic measures within residential neighborhoods or on public streets must be taken to reduce noise and use of public streets by construction traffic as directed by Public Works officials. [PW] 39. Copies of the final map and improvement plans indicating all lots, streets, and drainage facilities within the subdivision shall be submitted at 1 ';~OO' scale and 1 "=200 scale for City mapping purposes. [PW] 40. The subdivider/developer is responsible for the job site and construction until the City of Dublin accepts the improvements. [PW] 41. Construction and grading operations shall be limited to weekdays, Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:00 p.m. The Director of Public Works may approve days and hours beyond the above mentioned days and hours with the understanding that the developer is responsible for Public Works inspectors' overtime. [PW] 42. The subdivider shall pay a fee in lieu of park dedication to the City of Dublin as is required by the Subdivision Ordinance. [PW] 43. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. [PW] 44. Encroaclunent and grading permits shall be secured by the developer from the Public Works Department. [PW] 45. The developer shall design and install street light standards and luminaries per approval of the Director of Public Works. The maximum voltage drop for street lights is 3%. [PW] 46. A current title report and copies of the recorded deed of all parties having any recorded title interest in the property to be divided, copies of the deeds and final maps for adjoining properties and easements shall be submitted at the time of the submission of the final subdivision maps, if the Director of Public Works deems necessary. [PW] 7 47. Long term maintenance of landslide repairs and unrepaired landslides in the open space shall be the responsibility of the Developer or Homeowner's Association or other mechanism acceptable to Public Works Director, and incorporated in the CC&R's. [PW] 48. A minimum of 6" diameter subdrains shall be installed in all swales that are to be filled. [PW] 49. All concentrated storm drain flow shall be discharged into the established drainage channels, not onto the slopes. [PW] 50. A registered civil engineer shall design all retaining walls over three feet in height (or over two feet in height with a surcharge) and a building permit shall be required for their construction. A maintenance/ inspection program shall be implemented by the Developer or Homeowners' Association or other mechanism acceptable to Public Works Director, for the periodic inspection and maintenance of all retaining walls that could possibly affect the public right-of-way. [PW, B] 51. The Applicant/Developer shall submit for Public Works Director review and approval, a detailed hydrology/hydraulic report for this project. In particular, the report shall include the effects on the creek and the downstream drainage facilities of the ultimate development of the entire watershed that this project is a part of. The hydraulic capacity of the creek to carry the 100 year design flow at ultimate upstream development should be demonstrated. The report shall address the possible need for creek improvements including, but not limited to, realignment, widening, bank repair/reinforcement, and drop structures. Moreover, the report shall look at !he possible need and location for detention basins. These improvements shall be made as part of this subdivision, subject to review and approval of the Public Works Director. [PW] 52. A profile of the creek and cross sections at 200-foot (maximum) intervals and at changes in creek cross sections should be determined by field survey as part of the hydraulic investigation required and for verification of the required setbacks. These x-sections shall show the 10, 25, and 100 year water levels. [PW] 53. Creek velocities should not exceed 6-7 fps to avoid erosion problems. [PW] 54. A soils report and/or investigation should address the stability of the existing creek banks. Any recommended repairs shall be implemented. [PW] 55. No drainage shall be directed over a slope. [PW] 56. Drainage in all concrete ditches shall be picked up and directed to the bottom of an approved drainage channel. The slope on these ditches shall not be less than .5%. [PW] 57. All cut and fill slopes shall be contoured to appear natural and blend with the existing natural contours. [PW, PL] 58. The soils report for the project shall include recommendations 1) for foundations, decks, and other miscellaneous structures, 2) for design of swinuning pools, and 3) for setbacks for structures from top or toes of slopes. Additionally, the soils report shall include a professional opinion as to safety of the site from the hazards of land slippage, erosion, settlement and seismic activity. [PW] 8 59. Upon completion of grading, a declaration by the soils engineer that all work was done under his supervision and in accordance with the recommendation contained in the soils report shall be submitted to the Public Works Director. 60. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and service connections stubbed out behind the sidewalk. Public utilities, Cable TV, sanitary sewers, water lines and any other private utilities shall be installed in a manner which will not disturb the street pavement, curb, gutter and sidewalk when future service connections or extensions are made. All public and private utilities shall be underground. [PW] 61. Grading shall be completed in compliance with the construction grading plans and recommendations of the project's soils engineer and/or engineering geologist, and the approved erosion and sedimentation control plan, and shall be done under the supervision of the project's soils engineer and/or engineering geologist, who shall, upon its completion, submit a declaration to the Public Works Director that all work was done in accordance with the recommendations contained in the soils and geologic investigation reports and the approved plans and specifications. At Developer's cost, Soils Engineer or his technical representative must be on site at all times during grading for inspections that will satisfy grading plan requirements. [PW] 62. Grading within the designated open space area shall be limited to that grading which is necessary for construction of the roadways traversing the open space and only development approved by the City intended to enhance the environmel}tal setting. [PW] 63. The grading in the vicinity of the two existing knolls in the southwestern portion of the site shall be substantially in compliance with the grading shown on the Tentative Map approved by the City Council on June 13, 1995, and shall be subject to the review and approval of the Public Works Director. [PW] 64. The developer and/or his representatives shall secure all necessary permits for work including, but not limited to, grading, encroaclunent, Fish and Game Department, Corps. of Engineers and State water quality permits and show proof of it to the City of Dublin, Department of Public Works. [PW] 65. approval of the Planning Director and Public Works Director. A revegetation plan shall be prepared by a qualified restoration specialist for the replacement of native trees. The plan shall include the methods and locations of tree plantings; the number of trees, their size and species to be planted; irrigation and maintenance methods; tree protection from browsing animals; and a five-year monitoring program to evaluate the rate of tree establislunent against the performance criteria of the plan. The plan will incorporate the techniques recommended as mitigation measures in the 1989 EIR as well as other enhancement techniques required by staff, to ensure the success of the revegetated areas. Revegetation in open space areas shall include, at a minimum, three new trees of at least 15 gallon size to mitigate the loss of each existing tree over 10 inches in diameter. Where coast live oak and valley oak trees are replaced, the minimum size may be reduced to five gallon if adequate protection from wildlife is provided. The revegetation plan shall be required at the time of Site Development Review for Phase II. [PW] 66. Enhanced revegetation techniques shall be employed in the riparian corridor to ensure the success of the revegetation. Examples of enhancements to the revegetation plan include irrigating the young plants, placing top soil on fill slopes, using special planting techniques such as drilling into fill slopes to allow root penetration, and planting at a density similar to the native woodlands in the riparian corridors.. The enhanced revegetation in the riparian corridor area shall be designed to produce vegetation similar to the 9 environment in the riparian area woodlands south of the area. . The revegetation plan shall be required at the time of Site Development Review for Phase II. [PW, PL]. 67. A monitoring program shall be developed requiring the Homeowners Association or other mechanism acceptable to Public Works Director, to continually evaluate the success of the planting and implement additional planting measures or replant when necessary if planting fails. STREETS 68. Minimwn sight distance for public streets including intersection sight distance shall meet the CAL TRANS Highway Design Manual or acceptable to Public Works Director. [PW] 69. All public streets shall drain into storm drain systems before being discharged into established drainage channels. [PW] 70. The landscaped median area shown at the Silvergate Drive entrance shall be owned by the City of Dublin, but maintained by the Developer or the homeowners within this development or other mechanism acceptable to Public Works Director. This median shall be installed to not less than City of Dublin standards, including moisture barriers and subdrains. [PW] 71. An encroaclunent permit shall be secured from the Public Works Director for any work done within the public right-of-way where this work is not covered under the improvement plans. 72. Street names shall be submitted and processed through the Planning Department and shall be indicated on the Final Map. [PW] 73. The Developer shall furnish and install street name signs, in accordance with the standards of the City of Dublin. bearing such names as are approved by the City. The subdivider shall furnish and install traffic safety signs in accordance with the standards of the City of Dublin. [PW] OFF-SITE IMPROVEMENTS 74. Prior to occupancy, the Developer shall be responsible for paying or reimbursing Traffic Impact Fees of an additional right-turn lane and related signal modifications on the west leg of eastbound Dublin Boulevard at the San Ramon Road intersection. This cost shall be split between this development and the development of the Blaylock, Gleason, Fletcher (Donlan Canyon) property immediately to the west, on a pro rata basis based on the amount of traffic generated by each development. [PW] 75. Prior to issuance of the building permit, the Applicant/Developer shall pay the Traffic Impact Fee for the project's proportionate share (23.7%) of the cost for the widening of the existing Dublin Boulevard roadway, between Silvergate Drive and Hansen Drive to accommodate four 12-foot traffic lanes, two five- foot bike lanes, and a five-foot sidewalk, as generally shown on the proposed widening plans prepared by TJKM and Greiner. The costs shall be determined prior to issuance of the building permit. [PW] 76. Prior to issuance of the building permit, the Applicant/Developer shall reimburse the City for the project's proportionate share (23.7%) of the cost of the redesign of the existing Dublin Boulevard! Silvergate Drive intersection to form a "T" intersection with Dublin Boulevard, [PW] 10 UTILITIES 77. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each lot or building in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sized to meet utility company standards, or in public streets. All utilities to and within the project shall be underground. WATER & SEWER 78. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the DSRSD 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. [DSR] 79. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. [DSR] 80. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design.criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the Applicant for any project that requires a pumping station. [DSR] 81. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. [DSR] 82. DSRSD policy requires public water and sewer lines to be located in public streets rather than in off-street locations to the fullest extent possible. Ifunavoidable, public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. [DSR] 83. Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. [DSR] 84. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. [DSR] 85. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. [DSR] 86. Prior to issuance by the City of any Building Permit, all utility connection fees, plan checking fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. [DSR] 11 87. Prior to issuance by the City of any Building Permit, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of 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 Applicant shall pay all required DSRSD fees, and 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. The Applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. [DSR] 88. No sewer line or water line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the condition above have been satisfied. [DSR] 89. The Applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents ofDSRSD hannless and indemnifY the same from any litigation, claims, or fines resulting from completion of the project. [DSR] 90. A water line connection to Water Zones 2 and 3 is required which will connect to lines at the west end of Hansen Drive. An easement has already been dedicated across property in Tract 4988 to acconunodate this connection. A 20 foot wide easement shall be dedicated to the District on the Final Map or by separate instrument satisfactory to the District, to align with the existing easement, allowing the necessary water line connection to Bay Laure1 Street (new street).[DSR] 91. A water line and connection to Water Zone 3 is required which will connect the project to Zone 3 lines in Rolling Hills Drive. A 15 foot wide easement shall be dedicated to the District on the Final Map or by separate instrument satisfactory to the District, to align with the existing Zone 3 connection on the north boundary of the project. A portion of this required water line may alternately follow the existing access road along the north side of Martin Canyon Creek.[DSR] 92. Water facilities shall be connected to the DSRSD system, and shall be installed at the expense of the Developer, in accordance with District standards and specifications. [DSR] 93. Any water well, cathodic protection well, or exploratory boring shown on the map, that is known to exist, is proposed or is located during the course of field operations, must be properly destroyed, backfilled, or maintained in accordance with applicable groundwater protection ordinances. Zone 7 should be contacted for additional information. [PW] 94. The Tract will be served water within Pressure Zone 3, which cannot serve house pad elevations greater than 740 feet above sea level. [DSR] 95. Pressure Zone 3 water facilities will be tied to a future Potable Water Reservoir to be constructed on the Donlan Canyon project west of the site. To ensure compliance with water master planning for the area, Zone 3 water lines must be routed to the tract boundary and connected to the pipeline within the road stub at the Tract's western boundary. [DSR] 12 96. Interim water facilities may be constructed across Phase II linking existing Zone 3 lines south of Silvergate Drive with Valley Christian Center. In order to allow uninterrupted Zone 3 service after this interim line is built, Zone 3 water lines within Phase I must be completed and in service before grading in the vicinity of the interim line is commenced within Phase II. [DSR] 97. If the interim water facilities referenced are built, the pipeline shall be abandoned in place and plugged with non-shrink grout. The Phase II water facilities shall include a pennanent connection to a Zone 3 waterline in Inspiration Drive, which connects to water lines within the Valley Christian Center property. [DSR] 98. Developer shall design and construct the water system in accordance with the DSRSD requirements. 99. Developer shall design, incorporate, and institute water conservation measures for the entire project. [DSR,PW] 100. Developer shall design and provide infrastructure for recycled water use for landscaping in accordance with DSRSD and to the satisfaction of the Public Work Director. [PW] 101. Developer shall obtain "will serve" letter prior to issuance of grading permit or Final Map (whichever comes first) which states that the project can be served by DSRSD water and sewer prior to occupancy. [PW] EASEMENTS 102. Where the ApplicantlDeveloper does not have needed easements or right of entry, he shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements required outside of the property. Original copies of the easements and/or rights-of-entry shall be in written form and shall be furnished to the Public Works Director. [PW] 103. Existing and proposed access and public utility easements shall be submitted for review and approval by the Public Works Director prior to the grading and improvement plan. These easements shall allow for practical vehicular and utility service access for all lots. [PW] 104. A 10-foot public utility easement shall be shown on the Final Map along all street frontages, in addition to all other easements required by the utility companies or governmental agencies. [PW] IMPROVEMENT PLANS, AGREEMENTS AND SECURITY 105. Prior to filing for building pennits, precise plans in City's title block and specifications for street improvements, grading, drainage (including size, type and location of drainage facilities both on and off- site) and erosion and sedimentation control shall be submitted and subject to the review and approval of the Public Works Director. [PW] 106. The subdivider shall enter into an Improvement Agreement with the City for all public improvements prior to issuance of improvement pennit. Complete improvement plans, specifications and calculations shall be submitted to, and approved by, the Public Works Director and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement 13 plans shall show the existing and proposed improvements along adjacent public street(s) and property that relate to the proposed improvements. [PW] 107. The subdivider shall defend, indemnify, and hold hannless the City of Dublin and its agents, officers, and employees, from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees, to attack, set aside, void, or annul, an approval of the City of Dublin or its advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. The City of Dublin shall promptly notify the subdivider of any claim, action, or proceedings. [PW] DEDICATIONS 108. All street dedications shall include working easements for slopes. [PW] 109. The boundary of all lots and the exterior boundary of the tract as well as the centerline of the streets, shall be survey monumented. At least three (3) permanent benchmarks shall be established. [PW] 110. All improvements within the Improvement Plans and Grading Plans, including curb, gutter, sidewalks, driveways, paving and utilities, must be constructed prior to occupancy in accordance \vith approved standards to the satisfactory of Public Works Director. [PW] OPEN SPACE/COMMON AREAS/LANDSCAPING Ill. Prior to release of building pennits, the Applicant! Developer shall prune out all deadwood in the trees to be saved and clean up ground of all deadwood and debris to keep this material from getting into the watercourse. The CC&R's for the project shall establish a program to provide this service at least once a year, occurring prior to October 15th of that year. [PW] 112. All permanent structures shall be set back a minimum of20 feet from (a) the top of the bank of Martin Canyon Creek or (b) a 2 (horizontal) to a 1 (vertical) projection from the toe of the creek bank to the top of ground (whichever is greater) as required by the Watercourse Protection Ordinance. Maintenance easement shall be recorded over any portion of lots that encroach within this setback area and potential purchasers of the lots shall be made aware that the City has the right to remove, and not replace, any improvements that are constructed within the easement area. [PW] 113. Maintenance of common areas including ornamental landscaping, graded slopes, erosion control plantings and drainage, erosion and sediment control improvements, retaining walls, and landslide repair improvements shall be to the satisfaction of the Director of Public Works and be the responsibility of the developer during construction stages, and until final improvements are accepted by the City, and the performance guarantee required is released; thereafter, maintenance shall be to the satisfaction of the Director of Public Works and be the responsibility ofa Homeowner's Association or other mechanism acceptable to Public Works Director which automatically collects maintenance assessments from each owner and makes the assessments a personal obligation of each owner and a lien against the assessed property. [PW,PL] 114. Prior to issuance of grading permit visually important trees shall be tagged in the field for protection and preservation and appropriately fenced subject to approval of the Public Works Director. [PW] 14 DUST AND DEBRIS 115. Measures which meet the City of Dublin Clean Water Program and State Clean Water Permit shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The developer shall be responsible for corrective measures at no expense to the City of Dublin. [PW] 116. The developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean-up shall be made during the construction period, as determined by the Public Works Director. [PW] 117. Areas undergoing grading and all other construction activity shall be watered or other dust control measures may be used to prevent dust as conditions warrant or as directed by the Public Works officials. [PW] ARCHAEOLOGY 118. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. [PW,PL] FIRE 119. All materials and workmanship for fire hydrants, gated connections, and appurtenances thereto, necessary to provide water supply for fire protection, must be installed by the developer and conform to all requirements of the applicable provisions specified by the Dougherty Regional Fire Authority (DRF A). All such work will be subject to the joint field inspection of the Public Works Director and DRFA. 120. The developer shall comply with all applicable requirements ofDRFA including, but not limited to, those related to the following: A. Fire Trail Access B. Fire Buffer Zone C. Weed Abatement D. Fire Sprinklers in Structures E. Street Grades F. Fire Impact Fee 121. Fire Hydrants shall be spaced every 400 linear feet in residential areas comprised primarily of well spaced, average single family dwellings.. [F) 122. The maximum grades for fire apparatus roadways shall not exceed:. a) 15% for all weather driving surfaces. b) 15% to 20% for grooved concrete or rough asphalt for short stretches not to exceed 50 feet. [F) 15 123. The minimum number of fire access roads shall be as follows:* a) 1-25 units One public access road b) 26-74 units One public access road and one emergency access road c) 75+ units Two public access roads [F] 124. The maximum length of a single access road shall be no greater than 1000 feet. * [F] 125. Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. * [F] 126. Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with a surface so as to provide all weather driving capabilities. * [F] 127. Open Space area. Provide for weed abatement before, during, and after construction with the following guidelines: a. The ground within 30 feet of any structure must be cleared of all natural vegetation, including trees. b. When the structure is uphill, then the ground within 100 feet of a structure must be cleared of any natural vegetation. Notes 1. Cleared areas may be replanted with ground covering which does not promote the spread of fire (i.e., lawns which are maintained). 2. Trees are reviewed on a case-by-case basis. 3. When environmentally sensitive areas exist, plans for thinning verses clearing will be considered. 128. Provide a landscape plan for wildland open space areas. Supply vegetation fuel modifications and lor buffer zones, and possible use offire resistive or drought tolerant varieties of plant life. 129. Trails. At the trail head, a lock down or removable bollard will be required to gain access to the trail in the event of an emergency. In addition, the Authority may require during the site review process or during construction process access to gates and behind houses for emergency purposes. [F] 130. All homes constructed beyond one and one-half mile distance from a fire station shall be protected by a complete fire protection system, i.e., sprinkler system. [F] 131. Turn around bulbs shall be 40' - 0" radius minimum. [F] 132. All emergency access ways shall be clearly marked as a "E.V,A." [F] 133. No parking shall be allowed in front ofa "E.V.A.". Curbing shall be painted red and labeled "no parking fire access" in front of access pathway/roads. [F] 134. Water supply shall be 2,500 gpm as per I.S.O. Guide 1980. [F] 135. Approved spark arresters shall be installed on each chi11U1ey flue. [F] 16 136. Roofing shall be Class "B". [F) 137. A one-time Fire Impact Fee of $600.00 per unit shall be paid prior to a permit being issued. [F) 138. Submit a site plan of the proposed project for review, so that DRFA may further evaluate and assist you in an expedient manner. [F) 139. Future site plans of the proposed project should be submitted to the Dougherty Regional Fire Authority for review. [F) * This does not include the creek access road or hiking trail. CREEK ACCESS 140. The trail head at the collector street near Silvergate shall be 8 feet wide ex.tending to the street and designed to allow maintenance vehicles to access the trail from the street. The Hiking Trail on the south side of the creek shall be. 8' wide at a minimum. [PW, PL] 141. The proposed aggregate-base access road along the north side of the creek and east of Martin Canyon Road shall be 12 feet wide, and shall be dedicated to the City with the creek improvements, to the satisfaction of the Public WorksPirector and subject to the approval of the Department ofFish and Game and the Army Corps of Engineers. With approval of the Director of Public Works, this creek access road may be less than 12 feet wide in limited areas where necessary for tree preservation. [PW, PL] 142. The Developer shall construct a 6' tall, black-clad, chain-link fence around the turnaround area at the end of Martin Canyon, with a lockable gate to the maintenance roadway to the east, to the satisfaction of the Public Works Director. [PW, PL] 143. There shall be turn around improvements made at the ultimate west end of the access road and access trail, which shall be a minimum of 6 inches of aggregate base for maintenance vehicles and police patrol purposes. Temporary turnarounds shall be constructed if needed at the ends of these roads in Phase I, subject to the determination of the Public Works Director.[PW, PL] 144. The Developer shall obtain, in the name of the City, an access easement to use the proposed access road on the north side of the creek prior to dedication of creek area to the City for Phase 1. The applicant shall obtain the permission of the property owner on which the road exists to make improvements to the access road, and shall ensure that the road is 12 feet wide at a minimum and has an aggregate base satisfactory to the Public Works and Planning Departments, prior to dedication of the creek area to the City. [PW,PL,F,PO] 145. If the applicant is unable to arrange for an easement for use and maintenance over the road discussed in the condition above, an alternate location for a 12 foot wide access road shall be provided on the project property, subject to the approval of all applicable City Departments. If this condition or any other Condition of Approval related to the creek access trail or roads cannot be fulfilled by the developer, the portion of this project approval related to the creek access traiVroad shall revert back to the previous 17 design approved in 1989 (with a 12 foot wide creek access trail/road on the south side of the creek). [PL, PW] 146. Lockable, removable bollards, or some other acceptable type of vehicle security measures, shall be installed at each vehicular access to the trail to prevent unauthorized vehicles from using the trail, while enabling access to the trail in the event of an emergency. The Dougherty Regional Fire Authority may require, during the site review process or during construction process, access to gates and behind houses for emergency purposes.[PW,PL,F,PO] 147. The access across the creek shall be over a properly designed pipe or culvert that will pass the design storm flow and support fire and maintenance vehicle traffic loadings. The access road over this pipe and creek area shall be paved with 2 inches of asphalt over 6 inches of aggregate base rock (as a minimum). The inlet and outfall of the pipe shall be protected from erosion.[PW] 148. The developer shall provide a ten-foot wide flat rocked (6 inch of aggregate base) access area between the lots off the Silvergate cul-de-sac and the top of the creek bank, as shown in "Staff Study" attached to Exhibit A ofPA 94-054. This is to provide access to the culvert headwall area upstream of Silvergate Drive. [PW] 149. Those portions of the access road and access trail adjacent to and associated with Phase 1 shall be improved and dedicated to the City prior to occupancy of any units in Phase 1. [PW,PL,PO] ,. 150. The Phase 1 access road and access trail improvements shall extend to and include the proposed creek culvert crossing so that a drive-through maintenance loop can be made without having to back up or turn around. [PW,PL] 151. When the creek area is dedicated to the City for maintenance of the public open space, the City will accept, and be responsible for maintaining, the improved access road and access trail and the open space and creek areas which are accessed from these roads. The City shall determine the location of open space to be dedicated and maintained by the City.[PW,PL] 152. Every effort shall be made to locate, design, and construct the creek access trail and access road, including turnarounds, so that grading and tree removal impacts are reduced to the maximum extent possible, so as to minimize damage to the ecological and aesthetic value and characteristics of the open space area, while providing the necessary service functions. [PW,PL] MISCELLANEOUS 153. This property shall be annexed to the Street Lighting Maintenance Assessment District. [PW] 154. All construction traffic may be subject to specific routing as determined by the Public Works Director. [PW] 155. The Developer shall provide unit address information to the satisfaction ofDRFA, U.S. Postal Services, and City of Dublin Planning Department and Building Department. 156. In submitting subsequent plans for review and approval, each set of plans shall have attached an annotated copy of these conditions of approval. The notations shall clearly indicate how all conditions 18 of approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building pennits. [PW] 157. The Applicant/Developer shall work with the Applicant/Developer of the adjacent property Donlan Canyon project site Tentative Map 5962 to provide adequate access and utility cOlmections, to the satisfaction of Public Works Director. [PW] 158. The applicant shall submit to the City for filing three copies of the Amended Tentative Map for Phase I and three copies of the Amended map for Phase II of the Hansen Ranch project site which shows the site configuration and grading as shown on the Tentative Maps as approved by the City Council on February 27, 1995 (for Phase I) and June 13, 1995 (for Phase II). Prior to stamping and filing these plans, the Planning Director shall determine whether these plans substantially comply with the plans approved by the City Council. [PW,PL] 159. Submit three approved blueprint and approved original mylar or photo mylar of improvement plan, grading plan and recorded final map to City of Dublin's Public Works. Upon completion of construction, the City's mylars shall be modified to an as-built plan (mylar) prepared by Registered Civil Engineer and a declaration by a Civil Engineer and Soils Engineer that all work was done under his supervision and in accordance with the recommendation contained in the soils report shall be submitted to the Public Works Department. [PW] PASSED, APPROVED AND ADOPTED this of 13th day of June, 1995. AYES: NOES: ABSENT Mayor ATIEST: City Clerk (g\pa#\1995\007\ccresTM) 19 ORDINANCE NO. -95 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE TO PERMIT THE REZONING OF REAL PROPERTY LOCATED ALONG THE WEST SIDE OF SILVERGATE DRIVE, NORTH OF HANSEN DRIVE, AND SOUTH OF WINDING TRAILS LANE (APN 941-110-1-9) The City Council of the City of Dublin does ordain as follows: Section 1 Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following manner: Approximately ~net acres of the 147-acre property generally known as the "Hansen Hill Ranch" project site, located along the west side of Silvergate Drive, north of Hansen Drive, and south of Winding Trails Lane, more specifically described as Assessor's Parcel Number 941-110-1-9, are hereby rezoned from PO Open Space to PO Single Family Residential permitting Low Density Single Family land use as generally shown on Attachment 1, Hansen Ranch General Plan Amendment, and the Planned Development Site Plan (TO BE PROVIDED BY APPLICANT PRIOR TO JUNE 27, 1995 CITY COUNCIL MEETING). and as further defined in the Planned Development General Provisions adopted for the site with approval of PA 95-007 Hansen Ranch Rezoning. '. . ~ map of the rezoning area is outlined below: 1r N Section 2 This ordinance shall take effect and be enforced thirty (30) days from and after its passage. Before the expiration of fifteen (15) days after its passage, it Shall be published once, with the names of the Council members voting for and against same, in a local newspaper published n Alameda County and available in the City of Dublin. PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 27th day of June. 1995, by the following votes: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk (g:lpa#\1995Ipa95007\ORDREZCC.) EXHIBIT E -' ~i' ~;' ~', , . I, (" :",-- :...'/:"' .,f. , ,.'" , ',.j/ ,,-'", -. ...."'...--. ,0 .'. ""'1, ~'r ..r':::~ ..:~:I '11,; ~/J..':, :1.:' "'11: " . . "1"'- '.,V', ," . r-. 'i ,I ,,' I /~,.j_ I X:....' , . .. ~. ...~I, "l;;:-,~ /y':' ,: . ---::::::::_\, .,.. _ r' r". (~..:2::" > ~ " ~ -,....--.... - ': ~ ~~.~ :' .-._-~~ 2:... i;;c- \:~-f~: '- -. 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