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HomeMy WebLinkAboutAttachmt 1 Reso Appv SDR & CUP-Cantara&Salerno at Positano 07-005 RESOLUTION NO. 07 - XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT TO AMEND THE DEVELOPMENT STANDARDS IN THE EXISTING STAGE 2 PLANNED DEVELOPMENT PLAN (ORDINANCE 33-05) TO EXCEED LOT COVERAGE FOR SALERNO AT POSIT ANO AND FOR A SITE DEVELOPMENT REVIEW FOR PHASE I OF CANTARA AT POSIT ANO AND SALERNO AT POSIT ANO FOR 247 UNITS ON 72 ACRES (PORTIONS OF TRACT 7586) IN FALLON VILLAGE PA 07-005 WHEREAS, the Applicant, Braddock & Logan, has requested approval of a Site Development Review to develop 247 detached single family homes on 72 acres in a portion of the development referenced as Positano (Tract No. 7586) which is a portion of Fallon Village generally located north of Interstate 580 (1-580) between Dublin Ranch on the west and the easterly city limits. The application specifically includes the project known as Phase I of Cantara at Positano (72 units) and Salerno at Positano (175 units) near Fallon Road at Positano Parkway, within the Eastern Dublin Specific Plan area as amended and the Planned Development Zoning District, PA 05-038; and WHEREAS, a complete application was submitted and is available and on file in the Department of Community Development; and WHEREAS, the ApplIcant has submitted project plans and exterior elevations dated received on June 19, 2007, for a Site Development Review and Conditional Use Permit for the 247-unit project of detached single family homes; and WHEREAS, on December 13, 2005, the City Council adopted Ordinance No. 32-05 approving Planned Development (PD) Rezoning - Stage I Planned Development Plan for the entire 1,134-acre Fallon Village (P A 04-040) and Ordinance 33-05 approving the Stage 2 Planned Development Plan for the 488-acre Braddock & Logan properties (P A 05-038) now known as Positano; and WHEREAS, on November 8, 2005, the Planning Commission adopted Resolution No. 05-61 approving Vesting Tentative Tract Map 7586; and WHEREAS, in accordance with Chapter 8.32.080 of the Zoning Ordinance, the Planning Commission may approve a Conditional Use Permit as a means for minor amendments upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning Ordinance for the site; and WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05 regarding P A 04-040 and P A 05-038 certifYing a Supplemental Environmental Impact Report (SEIR) (SCH #2005062010) to the Eastern Dublin ElR, a program EIR, initially certified by the City of Dublin in 1993 (SCH#91103064) and the Supplemental EIR for the Eastern Dublin Property Owners (EDPO) (SCH # 2001052114) certified in 2002 by Resolution 40-02; and Attachment 1 WHEREAS, the Planning Commission did hold a public hearing on said application on June 26, 2007, for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Site Development Review; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve a Conditional Use Permit subject to the findings contained herein to allow site coverage to be exceeded up to a maximum of 50% on eighteen (18) of the 175 lots in Salerno at Positano shown as Lots 76, 94, 95, 97,98, 107, 109, 110, 111, 112, 113, 122, 123, 124, 128, 138, 157 and 216 to allow for an optional second story balcony and/or covered rear-yard patio; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Conditional Use Permit: Conditional Use Permit: A. Pursuant to Chapter 8.32.080 of the Zoning Ordinance, the minor amendment to allow lot coverage to exceed 45% up to 50% on Lots 76, 94, 95, 97, 98, 107, 109, 110, 111, 112, 113, 122, 123, 124, 128, 138, 157 and 216 substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning Ordinance 33-05 (P A 05-038) in that it accommodates an optional second story balcony and/or covered patio in the rear yard of the lot. B. The permission to exceed lot coverage on the Lots shown is compatible with the surrounding uses because it will visually enhance the architecture, add diversity among the dwellings, provide an alternative product design, and generally improve the residential quality of subdivision. C. It will not adversely affect the health or safety of persons residing or working in the vicinity or be detrimental to the public health, safety and welfare because it generally conforms to the standards established for Salerno at Positano. D. The permission to exceed lot coverage on the Lots shown will not be injurious to property or improvements in the neighborhood. E. There are adequate provisions for public access, water, sanitation and public utilities and services to ensure that the request to exceed lot coverage for the Lots shown uses would not be detrimental to the public health, safety and welfare because existing roads and facilities are in place to serve this project. 2 F. The site is physically suitable for the request to exceed coverage on the Lots shown because it allows for adequate rear yard setbacks. G. It will not be contrary to the specific intent clauses, development regulations or performance standards established for the Zoning District PA 05-038 and the adopted Architectural Design Standards. H. It will be consistent with low density residential land use designations of the General Plan and Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review for 247 units in the Salerno (175 units) and Phase 1 of Cantara (72 units): Site Development Review: A. Approval of the site layout, architectural design, landscaping, and public improvements is consistent with the purpose and intent of Chapter 8.104, Site Development Review of the Dublin Zoning Ordinance. B. The proposed low density residential project, as conditioned, complies with the policies of the General Plan, the Eastern Dublin Specific Plan and the Planned Development Regulations for P A 05-038 and with all other requirements ofthe Dublin Zoning Ordinance. C. The excess lot coverage, as conditioned, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because it implements the adopted Architectural Design Standards for the Positano project. D. The approved site development, including site layout, structures, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, has been designed to provide a desirable environment for the development. E. The subject site is physically suitable for the type and intensity of the proposed residential development because site dimensions will accommodate the proposed structures and uses. F. The proposed project will not impact views because it conforms to the Eastern Dublin Scenic Corridor Policies and Standards. G. Impacts to existing slopes and topographic features are addressed because the property is subject to the conditions of approval for Tract No. 7586 addressing grading and slopes. H. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, building materials and colors, screening of exterior appurtenances, exterior lighting, and similar elements have been incorporated into the project, and as conditions of approval, in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings within the Positano project and Fallon Village as a whole. 3 I. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to ensure visual relief and an attractive environment. 1. The approval of the Site Development Review for the proposed 247-lot residential project is consistent with the Dublin General Plan and with the Eastern Dublin Specific Plan. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve a Conditional Use Permit to exceed lot coverage on 18 lots in Salerno at Positano and Site Development Review for the proposed project known as Phase 1 of Cantara (72 lots) at Positano and Salerno (175) at Positano, as shown on plans prepared by South Coast Architects, William Hezmalhalch Architects, Gates and Associates, and Mackay & Somps dated received June 19, 2007 subject to the conditions included below. CONDITIONS OF APPROVAL: Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use. and shall be subiect to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance ofthe conditions of approval. rpL.1 Planning. rBl Building. rp01 Police. rpW1 Public Works r ADM1 Administration/City Attorney. rFIN1 Finance. rF1 Alameda County Fire Department. rDSR 1 Dublin San Ramon Services District. rCOl Alameda County Department of Environmental Health. rZ71 Zone 7. NO. CONDITION TEXT RESPON. WHEN AGENCY/ REQUIRED DEPART. PLANNING DEPARTMENT 1. Building Area. Excess lot coverage shall not exceed 50% and PL Prior to issuance is limited to Lots 76, 94, 95, 97, 98, 107, 109, 110, 111, 112, of Building 113, 122, 123, 124, 128, 138, 157 and 216 of Tract 7586 in Permits order to accommodate a second story balcony and/or covered patio in the rear yard. 2. Compliance with previous approvals: The applicant shall PL,PW As required by comply with all conditions of approval for Vesting Tentative Reso 05-61 Tract map 7586 as approved by the Planning Commission, Resolution No. 05-61 on November 8, 2005. 3. Compliance with Green Building Checklist: In conjunction PL In conjunction with the development of the 13 detached inc1usionary housing w/submittal of units, the applicant/developer shall comply with the "Green plans for building Building Checklist," meeting a minimum score of 50 points. plan check The applicant/developer shall provide washers and dryers in accordance with the requirements of the "Checklist" in order to meet a portion of the required 50 points. Plans indicating compliance shall be submitted with the building plan check 4 NO. CONDITION TEXT drawings. Building permits for the first inclusionary unit may only be issued ifthe plans meet the requirements. 4. Rear yard landscaping: The applicant/developer shall landscape the rear yards of the 13 detached inclusionary housing units. Construction drawings shall be submitted to the Director of Community Development in conjunction with the building plan check for those units indicating the use of "bay friendly landscape materials." These plans shall be approved prior to the issuance of building permits for the first detached inclusionarv unit. Satellite Dishes: Prior to the issuance of Building Permits, the Developer's Architect shall prepare a plan for review and approval by the Director of Community Development and the Chief Building Official that provides a consistent and unobtrusive location for the placement of individual satellite dishes. Individual conduit will be run on the interior of the unit to the satellite location on the exterior of the home to limit the amount of exposed cable required to activate any satellite dish. It is preferred that where chimneys exist, that the mounting of the dish be incorporated into the chimney. In instances where chimneys do not exist, then the plan shall show a common and consistent location for satellite dish placement to eliminate the over proliferation, haphazard and irregular placement. Final building and site development plans shall be reviewed and approved by the Community Development Department staff prior to the issuance of a building permit. All such plans shall Insure: 5. 6. a. That standard residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing IS provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. 5 RESPON. AGENCY! DEPART. PL PL PL WHEN REQUIRED Prior to issuance of building permit Prior to issuance of building permit Prior to issuance of building permit NO. CONDITION TEXT e. That all mechanical equipment, including aIr conditioning condensers, electrical and gas meters, is architecturally screened from view, and that electrical transformers are either underground or architecturally screened. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. 7. 1. That all other public agencies that require review of the project are supplied with copies of the final building and site plans and that compliance be obtained with at least their minimum Code reauirements. Final landscape plans, irrigation system plans, tree preservation techniques, and guarantees, shall be reviewed and approved by the Dublin Planning Department prior to the issuance of the building permit. All such submittals shall lllsure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. 6 RESPON. AGENCY/ DEPART. PL WHEN REQUIRED Prior to issuance of building permit NO. CONDITION TEXT d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the master vesting tentative map and conditions detailed III the Site Development Review packet. g. That all cut and fill slopes graded and not constructed by September 1, of any given year, are hydro seeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree, if applicable. 1. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. 8. J. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, where applicable. Final inspection or occupancy permits will not be granted until all construction and landscaping is complete in accordance with approved plans and the conditions required by the City. Public Art Project. The Applicant/Developer has elected to and shall acquire and install a public art project in accordance with Chapter 8.58 of the Dublin Municipal Code and shall comply with the Public Art Compliance Report submitted by Applicant/Developer, dated June 19, 2007 and on file with the Planning Department. The value of the public art project is required to equal or exceed 0.5% of the building valuation (exclusive of land) for the project. The Building Official has determined that the total building valuation of the project (exclusive of land) IS $492,423.86. Therefore, 9. 7 RESPON. AGENCY! DEPART. PL PL WHEN REQUIRED Construction and landscaping is complete Occupancy of first structure NO. CONDITION TEXT RESPON. WHEN AGENCYI REQUIRED DEPART. Applicant/Developer is required to acquire and install a public art project valued at a minimum amount of $492,423.86. The location of the public art project site is shown on the Project Plans. Prior to first occupancy Applicant/Developer shall (a) secure completion of the public art project, in a manner deemed satisfactory to the City Manager; and (b) execute an agreement between the City and Applicant/Developer that sets forth the ownership, maintenance responsibilities, and msurance coverage for the public art project. The public art project is subject to the approval of the City Council upon recommendation by the Heritage and Cultural Arts Commission. 10. Public Art Easement and Access Easement. PL In conjunction The Applicant/Developer shall reserve a site and provide a w/final map public art easement and an access easement to the City within encompassmg area the development project for a future public art project in art to be located or accordance with Dublin Municipal Code Section 8.58.050. by separate instrument prior to issuance of building permit PUBLIC WORKS 11. Developer shall obtain an Encroachment Permit from the PW Prior to Public Works Department for all construction activity within Construction the public right-of-way of any street where the City has accepted the improvements. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement mav not be reauired. 12. Developer shall obtain a Grading / Sitework Permit from the PW Prior to Public Works Department for all private grading and site Construction improvements. This will include any community or soundwalls installed as part of the project. Wall construction will be subject to plan review by the Public Works Department and the Building Division, and will be subject to special inspection during construction. 13. Plot plans shall be submitted for review and approval by the PW Building Permits Public Works Department and the Community Development Department prior to approval of building permits. 14. Roof drainage shall be connected to a closed conduit, PW Tract improvement discharging to a curb drain or connected to the storm drain Agreement system. Concentrated flows will not be allowed to drain across public sidewalks 15. The Developer is responsible for ensuring that all contractors PW During implement all storm water pollution prevention measures in the construction SWPPP. 8 NO. CONDITION TEXT RESPON. AGENCY! DEPART. BUILDING DEPARTMENT 16. Retaining Walls: All retaining walls over 30 inches in height BLDG and in a walkway area shall be provided with guardrails. All retaining walls located on private property, over 24 inches, with a surcharge, or 36 inches without a surcharge, shall obtain permits and inspections from the Building Division. 17. Phased Occupancy Plan: If occupancy is requested to occur in BLDG phases, then all physical improvements within each phase shall be required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 18. Building Permits: To apply for building permits, BLDG Applicant/Developer shall submit eight (8) sets of construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 19. Construction Drawings: Construction plans shall be fully BLDG dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each 9 WHEN REQUIRED Through completion Prior to occupancy of any affected building Prior to issuance of building permit Prior to issuance of building permit NO. CONDITION TEXT RESPON. WHEN AGENCY! REQUIRED DEPART. other. 20. Air Conditioning Units: Air conditioning units and ventilation BLDG Prior to ducts shall be screened from public view with materials occupancy of unit compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building Official and Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less then 36 inches. Air conditioning units shall be located in accordance with the PD text. (Occupancy of Unit). 21. Temporary Fencing: Temporary Construction fencing shall be BLDG Through installed along perimeter of all work under construction. completion 22. Addressing: BLDG Prior to issuance a) Provide a site plan with the City of Dublin's address of permit and grid overlaid on the plans (1 to 30 scale). Highlight all through exterior door openings on plans (front, rear, garage, completion etc.). (Prior to release of addresses) b) Provide plan for display of addresses. The Building Official and Director of Community Development shall approve plan prior to issuance of the first building permit. (Prior to permitting) c) Addresses will be required on the front of the dwellings. Addresses are also required near the garage door opening if the opening is not on the same side of the dwelling as the front door. (Prior to permitting) d) Address signage shall be provided as per the Dublin Residential Security Code. (Occupancy of any Unit). e) Provide a site plan with the approved addresses in 1 to 400 scale prior to approval or release of the project addresses. (Prior to permitting) f) Exterior address numbers shall be backlight and be posted in such a way that they can be seen from the street. 23. Engineer Observation: The Engineer of record shall be BLDG Prior to retained to provide observation services for all components of scheduling the the lateral and vertical design of the building, including nailing, final frame hold downs, straps, shear, roof diaphragm and structural frame inspection of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 24. Foundation: Geotechnical Engineer for the soils report shall BLDG Through review and approve the foundation design. A letter shall be completion submitted to the Building Division on the approval. 25. Electronic File: The applicant/developer shall submit all BLDG Prior to issuance building drawings and specifications for this project in an of building 10 NO. CONDITION TEXT RESPON. WHEN AGENCY! REQUIRED DEPART. electronic format to the satisfaction of the Building Official permit prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. 26. Construction trailer: Due to Size and nature of the BLDG Through development, the Applicant/Developer shall provide a completion construction trailer with all hook ups for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the Applicant/Developer shall provide a site, if necessary, with appropriate hook ups in close proximity to the project site to accommodate the trailer(s). The applicant/developer shall cause the trailer(s) to be moved from its current location at the time necessary as determined by the Building Official at the apolicant/develooer's expense 27. Permit Expiration. Construction or use shall commence PL Ongoing within one (1) year of Permit approval, or the Permit shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the permit approval, or, demonstrating substantial progress toward commencing such construction or use. If there is a dispute as to whether the Permit has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a Permit expires, a new application must be made and processed according to the requirements of this Ordinance. 28. Time Extension. The original approving decision-maker may, PL Ongoing upon the Applicant's written request for an extension of approval prior to expiration, and upon the determination that any Conditions of Approval remain adequate to assure that applicable findings of approval will continue to be met, grant a time extension of approval for a period not to exceed 6 months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 29. Revocation of permit. The permit shall be revocable for cause PL Ongoing 10 accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subiect to citation. 30. Clean up. The Applicant/Developer shall be responsible for PL Ongoing clean up and disposal of project related trash and for maintaining a clean, litter-free site. 31. Controllinl! Activities. The Aoolicant /Developer shall control PO,PL Ongoing II NO. CONDITION TEXT RESPON. WHEN AGENCYI REQUIRED DEPART. all activities on the project site so as not to create a nuisance to the surrounding residences. 32. Noise/Nuisances. No loudspeakers or amplified music shall be PO,PL Ongoing permitted to project or be placed outside of the residential buildings during construction. 33. Accessory Structures. The use of any accessory structures, PL,B,F Ongoing such as storage sheds or trailer/container units used for storage or for any other purpose during construction, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and aporoved. 34. Removal of Obstructions. Applicant/Developer shall remove PW Prior to Issuance all trees including major root systems and other obstructions of Occupancy from building sites that are necessary for public improvements Permits or for public safety as directed by the soils engineer and Director of Public Works. 35. Utility Siting Plan. The Applicant/Developer shall provide a PW,PL Prior to issuance final Utility Siting Plan showing that transformers and service of Grading boxes are placed outside of public view where possible and/or Permits screened to the satisfaction of the Community Development Director and Public Works Director. Applicant/Developer shall place all utility infrastructure underground including electric, telecommunications, cable TV, and gas in accordance with standards enforced by the appropriate utility agency. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City Engineer/Public Works Director prior to installation. SECURITY AND POLICE 36. Security During Construction. . PO,B, During a. Fencing - The perimeter of the construction site shall be PW construction fenced and locked at all times when workers are not present. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the Public Works Director. b. Address Sign - A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the Dublin Boulevard perimeter. c. Emergency Contact - Prior to any phase of construction, Applicant/Developer will file with the Dublin Police Department an Emergency Contact Business Card that will provide 24-hour phone contact numbers of persons responsible for the construction site. d. Materials & Tools - Good securitv practices shall be 12 NO. CONDITION TEXT RESPON. WHEN AGENCY! REQUIRED DEPART. followed with respect to storage of building materials and tools at the construction site. e. Security lighting and patrols shall be employed as necessary. 37. Graffiti. The Applicant/Developer shall keep the site clear of PO,PL Ongoing graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. FEES 38. Fees. The Developer shall pay all applicable fees in effect at PW Zone 7 and the time of building permit issuance including, but not limited Parkland In-Lieu to, Planning fees, Building fees, Dublin San Ramon Services Fees Due Prior to District fees, Public Facilities fees, Dublin Unified School Filing Each Final District School Impact fees, Public Works Traffic Impact fees, Map; Other Fees City of Dublin Fire Services fees; Noise Mitigation fees, Required with Inclusionary Housing In-Lieu fees; Alameda County Flood and Issuance of Water Conservation District (Zone 7) Drainage and Water Building Permits Connection fees; and any other fees either in effect at the time and/or as noted in the Development Agreement. PASSED, APPROVED AND ADOPTED this 26th day of June 2007 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: Planning Manager G:\P A#\200 7107 -005- PositanolPositano-PC Reso-SDR&CUP w-COAs FIN AL.doc 13