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HomeMy WebLinkAboutPCReso 97-18 PA97-019 Park Sierra SDRRESOLUTION NO. 97-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR PA 97-019, PARK SIERRA APARTMENT PROJECT, SHEA PROPERTIES WHEREAS, Shea Properties has requested approval of a Site Development Review consisting of 209 apartment units and related improvements on approximately 8.9 acres of land generally located on the west side of Dougherty Road at the former Southern Pacific Railroad tracks (APN 941-0205-006-10); and WHEREAS, a completed application for Site Development Review is available and on file in the Dublin Planning Department; and WHEREAS, a Mitigated Negative Declaration has been prepared for this project with the finding that with the implementation of mitigation measures contained in the Initial Study, there will be no significant environmental impacts; and WHEREAS, the Planning Commission did hold a public hearing on said application on October 14, 1997; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Planned Development Rezone subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: 1. Approval of this application (PA 97-019) is consistent with the intent and purpose of applicable provisions of the Dublin Zoning Ordinance. 2. The approval of this application, as conditioned, will comply with the policies of the General Plan as proposed for amendment to the Medium-High Density Residential, since it will allow development within the density range allowed under the Medium-High Density Residential Land Use Designation of the General Plan and will not become effective until al2er the General Plan Amendment is effective. 3. The approval of this application, as conditioned, will comply with the proposed Planned Development Regulations for the project, which will allow for residential development at this location. 4. The approval of this application, as conditioned, is consistent with the design review requirements contained in the Dublin Zoning Ordinance. 5. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans. 6. The approval of this application, as conditioned, is in the best interests of the public health, safety and general welfare as the development is consistent with all laws and ordinances of the City of Dublin and implements the General Plan, as proposed for amendment. 7. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, as conditioned, has been designed to provide a desirable environment for the development. 8. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings have been incorporated into the project and as Conditions of Approval in order to ensure compatibility of this dex(elopment with the development's design concept and character of surrounding uses. 9. Landscape considerations, including the location, type, size and coverage of plant materials and similar elements have been considered to ensure visual relief and screening of potentially negative elements. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby conditionally approves a Site Development Review application as generally depicted by materials labeled Exhibit A, stamped "approved" and on file in the Dublin Planning Department, which includes a Site Plan and Elevations prepared by Thomas P. Cox, Architect, dated Received October 3, 1997, and a Conceptual Landscape Plan prepared by Don Rose and Associates dated received October 3, 1997, and a Preliminary Grading and Utility Plan, prepared by Ruggeri-Jensen and Associates, dated received October 3, 1997, for PA 97-019, Park Sierra Apartments, which constitute regulations for the use and improvements of an 8.9 acre parcel 2 generally described as APN 941-0205-006-10. The following conditions of approval are attached to this approval: CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of any buil~ting and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance with the Conditions of Approval: [PL] Planning, [BI Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attome¥, [F1N] Finance, [PCS] Parks and Community Services, [FI Fire, [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control and water Conservation District Zone 7. The following abbreviations apply in the "When Required" column: BP/Building Permit; IMPROV/Engineering Improvement plans; On-going/Throughout project; GR/Grading Permit; CON/Construction, OCC/Occupancy General Conditions 1 Approval of the Site Development Review is valid for one PL On-going (1) year, until October 14, 1997. If construction has not commenced by that time, this approval shall be null and void. The approval period may be extended for six (6) additional months by submitting a written request for extension prior to the expiration date to the Community Development Director. Any extension will be based on a determination that the conditions of approval remain adequate to assure that the stated findings of approval will continue to be met. 2 The Developer shall comply with all applicable City of PL On-going Dublin Development Site Review Standard Conditions and City of Dublin Residential Security requirements. 3 The Developer/developer shall sign and submit a copy of PL OCC the City of Dublin Standard Plan, Material and Maintenance Agreement prior to the occupancy of any unit. 4 All transformers, irrigation control boxes, backflow PL BP devices, valves, and similar appurtenances shall be enclosed in vaults, fencing and/or painted out or landscaped, as determined acceptable by the Community Development Director. The location of these items shall be indicated on the final landscape plans 5 The Developer shall comply with all mitigation measures PL On-going adopted as part of the Mitigated Negative Declaration for this project as well as the Mitigation Monitoring and Reporting Plan. 6 The Developer shall comply with all applicable Fire PL On-going Department, Public Works Department, Police Service, Alameda County Flood Control District 7 and Dublin San Ramon Services District requirements. Prior to the issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have or will be met. 7 The developer shall defend, indemnify and hold harmless PL On-going the City of Dublin and its agents, officers and employees from any claim, action, or proceeding to attack, set aside, void, annul, an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee or agency of the City concerning the proposed development; provided, however, that the developer's duty to defend, indemnify, hold harmless shall be subject to the City's promptly notifying the permittee of any claim, action or proceeding and the City's full action or proceedings. 8 This permit shall be revocable for cause in accordance PL On-going with applicable sections of the Dublin Zoning Ordinance. Any violation of the term or conditions of this Site Development Review may be subject to the issuance of a citation. 9 The developer shall provide all units with cable TV and PL BP telephone connections. To apply for building permits, the Developer shall submit B BP six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. If occupancy is requested to occur in phases, then all PL BP physical improvements within each phase shall be required to be completed prior to the occupancy of units within that phase, except for items specifically excluded in an approved Phased Occupancy Plan, or minor hand work items, approved by the Planning Department. A Phased Occupancy Plan shall be submitted for Community Development Director review and approval a minimum of 45 days prior to the request for occupancy of any unit covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all buildings in each phase and shall substantially conform with intent and approval of the Site Development Review approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities and separated from remaining construction activity. Subject to the approval of the Community Development Director, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 12 The Developer shall have a special rental/lease disclosure PL BP with the wording approved by the Planning Department. The disclosure form will be used as a required disclosure for future tenants indicating the presence of possible hazards. The disclosure statement shall describe: A. The close proximity of industrial uses immediately south of the site and loud noises may be generated during early morning and late evening hours related to industrial operations; B. The industrial area may generate dust and odors; C. The presence of a high pressure undergrotmd petroleum pipeline north of the site; D. Phased development with continued construction activity until project completion may cause noise and dust. E. Presence of a water treatment facility east of the site. 13 A final lighting plan shall be submitted to the City for PL, PO, PW BP approval, demonstrating that the entire area will be adequately illuminated. Photometrics and lighting plans for the site shall be submitted to the Planning and Police Departments for review and approval prior to issuance of building permits, 14 All soundwalls and other noise attenuation measures, as PL, B OCC identified in the Edward L. Pack Report, shall be in place 15 All wall and fence heights shall be designed to ensure PW BP clear vision at all street intersections to the satisfaction of the Director of Public Works 6 Prior to the final occupancy of any unit, the unit shall meet minimum health, design and safety standards, including but not limited to the following: A. The project entrance and all interior roadways and driveways shall be complete to allow for safe traffic movement to and from residential units. B. All traffic signing and striping shall be in place. C. All street lights and interior access and parking area lighting shall be energized and functioning. [PW] D. All repairs to street, curb, gutter and sidewalk which may create a hazard shall be required or any non-hazard repair shall be complete or bonded for. [PW] E. Back-lit illuminated house address numbers shall be [PL, F] ;. Final site grading shall be approved by the Building Department. [B] G. All sewer clean-outs, water meter boxes and other utility boxes shall be set to grade, to the approval of the Director of Public Works. [PW] H. Dwellings shall have received all necessary inspections and have final approval by the Building Department to allow occupancy.[B] I. All fire hydrants in streets providing access to the homes shall be operable to Public Works and Fire Department satisfaction. [PW, F] J. All mail-box units shall be located at back of curb. K. Exterior lighting shall be provided for stairwells and dwelling entrances and shall be of a type and placement so as not to cause glare on to adjoining properties or the Iron Horse Trail. [B, PL] L. Lighting used after daylight hours shall be adequate to needs. PW PW PW PW PL, B B, PW PW, B B,F PW, F B, PL B, PL B, PL, P OCC OCC OCC OCC OCC OCC OCC OCC OCC OCC OCC OCC 17 The provisions of the City's Inclusionary House PL BP Ordinance shall be satisfied. A written statement shall be provided to the Planning Department prior to issuance of building permits, indicating the methods to be used to comply with the Ordinance. If fees are to be paid, they shall be paid prior to issuance of building permits. 18 Construction of the proposed project is contingent on PL GR approval of a General Plan Amendment on the site to "Medium-High Density Residential" and approval of a PD Planned Development Rezone. 19 Automatic garage door openers shall be provided for all PL, B OCC garage units and shall be of a "roll up" type. Garage doors shall not intrude into public rights-of-way or parking areas. Fees 20 Prior to the issuance of building permits, the Developer PL, B, PW BP shall comply with and/or pay ail applicable connection fees and development fees (plus annual increases) in effect at the time of building permit issuance. This includes but is not limited to traffic impact fees, regional traffic impact fees, inclusionary housing requirements and building permit fees. The traffic fee for the project is estimated to be $929,853, based on the project traffic study dated July 10, 1997. 21 The developer shall pay a Public Facility Fee in the B BP amounts and times specified by Resolution No. 32-96, plus any annual increases., or as may be amended by future resolutions. 22 Prior to issuance of building permits, the Developer shall B BP pay fees as required in the agreement between the Shea Properties and Dublin Unified School District to mitigate all impacts to the District as a result of this project. 23 Prior to the issuance by the City of any building permit, DSR BP all utility connection fees, plan checking fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accord with the rates and schedules established in the DSRSD Code. No sewer line or water line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items referenced in this condition have been satisfied. Public Works: Engineering improvements noted below shall be constructed prior to occupancy of any unit, unless an exception is granted by the City Engineer 24 The Developer shall provide a dedicated 12' right turn PW BP lane and a 5' bike lane with a minimum dimension of 200 feet and a 90' transition to the entrance road off southbound Dougherty Road. To access the project development from northbound lanes on Dougherty Road, the Developer shall provide at least 200 feet of 12' wide left turn lane storage and a 120' transition. All lane transitions shall be designed to a maximum design speed of 55 miles per hour. Preliminary and final designs shall be reviewed and approved by the City Engineer. 25 One secure bicycle storage facility shall be provided at PW OCC ground level for each building. The location, number and type of storage equipment shall be approved by the Community Development Director and City Engineer. 26 The project shall provide for direct access for pedestrians PW, PL OCC and bicyclists from the site to Alamo Creek by concrete walk and gate. The new walk and gate shall be coordinated with the Alamo Creek path improvement project and shall be subject to the review and approval of the City Engineer. 27 Layout and design of the project parking striping, drive PW GR aisles and sidewalks of the site shall be configured to maximize safety, circulation, convenience and sight distance per City of Dublin standards. Detailed, dimensioned plans shall be approved by the City Engineer prior to issuance of grading plans. 28 Adequate access and turnaround for fire and other PW, F GR emergency vehicles shall be provided per the Fire department. Internal streets and drive aisles shall be designed for fire and other emergency vehicles to conveniently pass through and have access to all buildings. Layout and design of internal roadways and drive aisles shall be approved by the Fire Department and City Engineer prior to issuance of grading permits. 29 Security gates shall be constructed on the private section PW OCC of the entrance drive to provide adequate storage for incoming vehicles without queuing onto the public section of the entrance road. 9 30 The Developer shall dedicate and improve to City PW BP standards a minimum 20' wide maintenance/emergency vehicle access from the existing east top of bank of Alamo Creek drainage channel per Zone 7 and Fire Department standards. A "vee" ditch shall be provided along the east side of the access area to collect and transport surface drainage to an inlet and into the creek. 31 The Developer shall dedicate an access easement to the PW GR Dublin Housing Authority a minimum 175' long by 32' wide street extension of Scarlett Drive from Dougherty Road that will provide adequate access to the site and accommodate potential joint use with the future development to the north. The layout and design of street improvements shall align with future Scarlett Drive extension to the east and shall be reviewed and approved by the City Engineer prior to street dedication and grading permit issuance. The Developer shall provide a layout 32 No parking shall be allowed along both sides of PW OCC Dougherty Road and the entrance road to the site. The Developer shall prepare a detailed signage plan of improved portions of Dougherty Road for review and approval of the City Engineer. 33 The Developer shall widen Dougherty Road for a right PW OCC turn lane and left turn pocket into the project. The applicant shall construct a roadway shoulder along the easterly side of Dougherty Road from the entrance to Camp Parks to the extended southerly lot line of the project to the easterly face of curb. These improvements shall extend to the existing eastern right-of-way line. They shall be constructed as part of this project and shall be approved by the City Engineer. In addition, the northbound lanes of Dougherty Road shall be overlaid with asphalt concrete. Any additional ultimate improvement shall be subject to offset credits to the Traffic Impact Fee of the cost of those fees, subject to the approval of the Public Works Director. l0 34 The Developer shall install a signal for traffic control into PW OCC md out of the project site. The design and installation of the signal and shall be the responsibility of the Developer and is subject to approval of and acceptance by the City Engineer. One-third of the cost of the installation shall be the responsibility of the developer and two-thirds will be a fee credit, not to exceed the cost of traffic impact fees. 35 The developer shall improve and install a 20' wide PW OCC roadway and dedicate a 22~ private and emergency vehicle access easement from Sierra Court into the project site. Street improvements shall be designed to City standards md include 3' valley gutters on both sides of the roadway. Access shall be restricted by means of an electronic-sensored gate or alternative gate approved by the Fire department and Public Works Director. The gate shall allow residents to exit the site with emergency vehicles capable of entering and exiting the site. The developer shall provide all necessary rights and agreements to secure this easement from any and all adjacent property owners and submit such easement to the City for approval prior to issuance of a building permit. 36 The developer shall reconstruct the structural section of PW OCC the previous railroad crossing of Dougherty Road located at the project frontage to the satisfaction of the Public Works Director. 37 The access driveway for the DSRSD facility along PW OCC Dougherty Road shall be constructed to the satisfaction of the Director of Public Works. 38 The developer shall construct pedestrian roiling to current PW OCC code standards on both sides of the northernmost existing Alamo Creek bridge. 39 The developer shall dedicate required creek right-of-way PW GR to Zone 7. 40 Overall drainage pattems shall not be changed by the PW GR construction of this project. Final pipe sizes, slopes, depths and similar shall be based on final design calculations and shall be subject to approval of the City Engineer. 41 The developer shall submit to the City Engineer for PW GR review of a drainage study to determine the existing capacity of the existing drainage facilities in Dougherty Road, proposed system and possible mitigation measures for downstream facilities as a result of the increase in runoff. The developer shall comply with all mitigation measures determined by the City Engineer to be required to correct any deficiencies noted in the approved study. 42 The developer shall obtain required permits from PW GR Alameda County Zone 7 and the California Department of Fish and Game to discharge and construct drainage improvements within the creek area. 43 The drainage swale along the northerly prop~-rty line shall PW GR be designed and constructed by the developer to drain the bikepath area. 44 The Developer shall secure all utilities, including but not PW BP limited to domestic fresh water, electricity, phone, cable television and other required utility services as may be necessary to provide for the proper clean, and safe functioning of the development site, into the site subject to the requirements and specifications of he agency having jurisdiction over the respective utilities. 45 The Developer shall dedicate a 25 ' wide Public Services PW BP Easement and an Emergency Vehicle Easement across the property. 46 The Developer shall conform with all City Standard PW On-going Conditions of Approval, revised September, 1997, attached. Public Safety 47 DSRSD standard steamer (1-4-1/2" and 1-2-1/2" outlet) F BP fire hydrants are required. Fire hydrant locations shall be marked in the filed by installing "blue dot" markers adjacent to the hydrant, 6" off-center from the middle of the street. 48 Access to open spaces and fire trails shall be provided F BP which may be obstructed by new development. 49 Fire apparatus roadways shall extend within 150-ft. of the F On-going most remote exterior wall of any building. 12 50 Fire apparatus roadways must have a minimum F OCC unobstructed width of 20 feet and an unobstructed vertical clearance of at least 13 feet, 6 inches. Roadways under 36 feet in width shall be posted with signs and shall have red curbs painted with labels on one side; roadways under 28 feet in width shall be posted with signs and shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING FIRE LANE-CVC 22500.1." 51 Fire apparatus roadways shall be capable of supporting F BP the imposed weight of fire apparatus and must be provided with an all weather driving surface. Only paved surfaces are considered all weather driving surfaces. 52 Maximum grade for fire apparatus roadway is 20%. F BP Grooved concrete or rough asphalt shall be provided for grades over 15%. 53 Fire apparatus roadways in excess of 150 in length shall F BP make provision for approved apparatus turn around. 54 Fire apparatus roadways must be installed and fire F BP hydrants in service prior to the commencement of combustible framing. Prior to commencement of framing, the Fire Department shall be contacted to schedule an inspection of roadways and hydrants. 55 A weed abatement program shall be provided before, F On-going during and after construction for vegetation within 10 feet from combustible construction and 30 feet from street and property lines. 56 Temporary access roads at construction sites may be F On-going permitted in accord with Article 87 UFC 1994; however, permission for temporary access roads must be by Fire Department permit. 57 Prior to issuance of a building permit, a full set of F BP building plans must be submitted to the Fire Department, Fire Prevention Bureau, for review and approval. 58 An inventory statement (HMIS) for any and all hazardous F GR materials, including Material Safety Data Sheets, shall be supplied to the Fire Department, Fire Prevention Division, for approval of process and storage. Additional Contra Costa County and Alameda County Environmental Health Agency requirements, including a business emergency plan and hazardous materials management plan shall be required. 59 All construction equipment, machinery and devices with F On-going internal combustion engines shall be equipped with approved spark arrestors while operating in the project area. This condition shall be added to construction specifications. 60 Approved building numbers and/or addresses shall be F OCC placed on new buildings. Addresses shall be plainly visible and legible from the street or fronting property. Said numbers shall contrast with their background. 61 Approved spark arrestors shall be installed on each F BP chimney, flue/vent used for fireplaces and heating appliances in which solid or liquid fuel is used. This condition shall be added to construction specifications. 62 Approved smoke detectors shall be installed per current F BP UBC standards. This condition shall be added to construction specifications. 63 Any and all gates across Fire Department accessways F OCC shall have a minimum of 12 foot clear, unobstructed linear width and a clear vertical height of 13 feet, 6 inches. All locking devices shall provide for Fire Department emergency access. Gate plans shall be approved by the Fire Prevention Division prior to construction. 64 All driveway access shall meet Fire department standards F OCC for distance, weight loads, grades and vertical clearance. 65 For buildings 35 feet and over in height above natural F BP grade, the required access roadway shall be a minimum of 26 feet in width and shall be positioned parallel to at least one entire side of the building and shall be located with a minimum of 15 feet and a maximum of 25 feet from the building 66 Adjacent to fire hydrants, access roadways shall be a F BP minimum of 28 feet in width at least 20 feet in both directions from the fire hydrant. 14 67 An approved automatic fire sprinkler system shall be F BP installed throughout. Sprinkler systems serving more than 100 heads shall be monitored by an approved central station, U.L. listed and certified for fire alarms monitoring. A copy of the U.L. listing must be provided to the Fire Department. Sprinkler plans, specifications and calculations shall be submitted to the Fire Department prior to installation. A separate review fee will be collected for this purpose. 68 Prior to installation, plans and specifications for the F BP underground fire service line shall be submitted to the Fire Department for approval. 69 Prior to the installation of the ceiling or any other F CON concealment of overhead piping, the Fire Department shall be contacted for an inspection. 70 The sprinkler system shall incorporate a landscape F BP irrigation control system. 71 Final acceptance of the fire sprinkler system will be F OCC contingent on a main drain test at the time of final occupancy to verify adequate flow and pressure. Water supply deficiencies must be corrected by the contractor prior to final acceptance. 72 Welded pipe fittings are subject to field inspection prior F CON to installation. 73 If CVPC/polybutelene pipe is to be used, contact the Fire F BP Department for additional requirements. 74 A Knox Box key lock system is required for this building. F BP 75 Three emergency access points (gates) shall be provided F BP within the fence/wall along the northerly side of the project. The precise locations shall be approved by the Fire department. DSRSD 75 Prior to the issuance of building permits, complete DSR BP xmprovements shall be submitted to DSRSD confirming with the requirements of the DSRSD Code, "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and DSRSD policies. 76 All mains shall be sized to provide sufficient capacity to DSR BP accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in accord with DSRSD utility master planning. 77 Sewers shall be designed to operate by gravity flow to DSR BP DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may be allowed under extreme circumstances following a case-by-case review with DSRSD. Any pumping station shall require specific review and approval by DSRSD of preliminary design reports, design criteria and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20-year maintenance costs as well another conditions within a separate agreement with the applicant for any project that requires a pumping station. 78 Domestic and fire protection waterline systems shall be DSR BP designed to be looped or interconnected to avoid dead- end sections in accord with the requirements of the DSRSD Standard Specifications and sound engineering practices. 79 DSRSD policy requires public water and sewer lines to be DSR GR located in public streets to the fullest extent possible. If unavoidable, public water or sewer easements must be established to provide for future maintenance and/or replacement. 80 Prior to approval by the City of a grading permit or a site DSR GR development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. 81 All easement dedications for DSRSD facilities shall be by DSR GR separate instrument irrevocably offered to DSRSD or by offer of dedication on a Final Map. 82 Prior to issuance of a building permit, all utility DSR BP connection fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accord with the rates and scheduled established in the DSRSD Code. 83 Prior to issuance of a building permit, all improvement DSR BP plans of DSRSD facilities shall be signed by the District Engineer. Prior to DSRSD approval, the developer shall pay all DSRSD fees, and provide an estimate of construction costs for water and sewer systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms acceptable to DSRSD. Fifteen working days are required for DSRSD approval. 84 No sewer or water line construction shall be permitted DSR GR unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all other items have been satisfied. 85 The developer shall hold DSRSD, its Board of Directors, DSR On-going commissions, employees, and agents of DSRSD harmless and indemnify and defend same from any litigation, claims, or fines resulting from the construction and completion of the project. 86 Prior to issuance of sewer line and water line construction DSR GR permits, developer and District shall have finalized terms and conditions regarding an Area Wide Facilities Agreement addressing concerns and upgrades to the District's #1 Water Turn Out. 87 Completion of upgrades to Turn Out #1 shall be DSR, PL OCC completed prior to building occupancy. Zone 7 88 All Zone 7 conditions and requirements shall be adhered ZONE 7 On-going to. PASSED, APPROVED and ADOPTED this 14th day of October, 1997. AYES: NOES: ABSENT: Cm. Jeunings, Hughes, Johnson and Oravetz None Cm. Musser ATTEST: Community Development Director iht commis~/on Chairper~o~