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HomeMy WebLinkAbout98-062 Greenbr/TssjrCrk2 2/8/00SUBJECT: AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: February 22, 2000 PA 98-062 Greenbriar Land Company Tassajara Creek (Yarra Yarra Ranch) Residential Development Prepared by Dennis Carrington, Senior Planner 4. $'~ 5. Resolution recommending City Council adopt Resolution approving the Mitigated Negative Declaration; and Resolution recommending City Council Amend the Eastern Dublin Specific Plan/General Plan Land Use Diagrams; and Resolution recommending City Council approve a Planned Development Rezone and a Stage 1 and Stage 2 Development Plan Resolution recommending City Council adopt the Ordinance approving the Planned Development Rezone and Stage 1 and Stage 1 and Stage 2 Development Plan; and Resolution Approving the Vesting Tentative Map and Site Development Review BACKGROUND ATTACHMENTS (by Reference): 6. Dublin General Plan 7. Eastern Dublin Specific Plan 8. Eastern Dublin Stream Corridor Restoration Program EIR for Eastern Dublin Specific Plan and General Plan Amendment (including Addendum date May 4, 1993) SCH# 91103064; and Addendum dated Augurs 22, 1994 9. City Council Resolution Certifying Eastern Dublin Specific Plan and General Plan Amendment Program EIR (Resolution #51-93) 10. City Council Resolution adopting Eastern Dublin Specific Plan and General Plan Amendment; adopting findings and approving overriding considerations; and adopting Mitigation Monitoring Program ("Matrix") for EDSP EIR (Resolution #53-93) 11. City Council Resolution approving Prezoning of annexed land (Resolution # 10-94) 12. Draft Mitigated Negative Declaration, Initial Study and Mitigation 13. Monitoring Program for this project 14. Mitigation Monitoring Program ("Matrix") for EDSP EIR 15. Letters of comment on Mitigated Negative Declaration 16. Response to comments on Mitigated Negative Declaration .................................................................. .................. Property Owner PA File General File Senior Planner 17. 18. 19. Discussion of 300 foot setback from creek issues Typical Public Works General Conditions of Approval Eastern Dublin General Plan Amendment and Specific Plan EIR RECOMMENDATON: 2 3. 4. 5 Open public hearing and hear Staff presentation. Take testimony from the Applicant and the public. Question Staff, Applicant and the public. Close public hearing and deliberate. Adopt Resolutions (Attachments 1 - 5). PROJECT DESCRIPTION: The Greenbriar Land Company Tassajara Creek development project is located on the Yarra Yarra ranch within the Eastern Dublin Specific Plan area on the west side of Tassajara Road, north of the Casterson Development. A total of 445 dwelling units (and four accessory dwellings for ranch workers) will be provided on 64.39 acres. In its first phase on the East Side of the creek, the project will provide 126 small-lot detached single-family units on an 18.85 acre site. Subsequent phases will provide 319 dwelling units on the remaining 45.54 acres of the project site. The property is divided by Tassajara Creek that flows north-south through the middle of the project. A regional trail and stream corridor buffer are proposed along the east shore of the creek for phase 1 of the project. The application includes a Planned Development (PD) Rezone Stage 1 and Stage 1 and 2 Development Plan, Specific Plan/General Plan Amendment, Vesting Tentative Map, and Site Development Review pursuant to a Mitigated Negative Declaration. A Development Agreement is also required prior to approval of the Final Map. BACKGROUND: This project is located at 5374 Tassajara Road (APN 986-0002-002-02). The Specific Plan was adopted by the City of Dublin in November 1993, and established land use designations for approximately 3,300 acres of land east of the Camp Parks military reserve. The property was prezoned as a Planned Development District on October 24, 1994, and identified for Medium Density Residential use. A large component of the plan area was annexed to the City in 1995, including this property owned by Marjorie Koller and Carolyn Adams. The site was first used by Europeans for grazing in the 1800's. The existing neo-classical residence was constructed around 1905. The Kamp family owned the property from 1910 until 1959 and used it as a dairy farm. The property was purchased by the Koller family in 1959 and has since been used as a horse ranch and equestrian center. As discussed later in this report, the structures on the site are not significant examples of their style or period and are not eligible for inclusion in the California Register. DESCRIPTION: The project will be developed in phases. The proposed Planned Development (PD) District Development Plan proposes a generalized Stage 1 Development Plan which divides the project into five phases. The detailed Stage 1 and 2 Development Plan addresses the 126 dwelling unit first phase. These uses are 2 consistent with the prezoning and in accordance with the Dublin Zoning Ordinance's Planned Development District procedures. A General Plan Amendment and Specific Plan Amendment are necessary to change the land use designation of a 16.4 acm portion of a school site located on this property. The plans proposed a Junior High School on this site that is no longer needed by the Dublin Unified School District. The Applicant is proposing to change the plans to apply the predominant adjacent General Plan and Specific Plan designation of Medium Density Residential. A Vesting Tentative Map and a Site Development Review are necessary to create the lots and establish design criteria for the homes in this project and the overall design of the project. The site slopes gently westward toward Tassajara Creek with slight grades near the creek. Development is proposed on both sides of Tassajara Creek with the Phase 1 being on the eastern side of the creek at the south end of the property. The project is proposed to have an average setback of 137 feet from the original top of bank of the creek. The creek corridor area is designated 'Open Space' on the General Plan and Eastern Dublin Specific Plan and an open space easement is a requirement by the Tentative Map resolution. The developer will dedicate and construct the portion of the regional public trail system along the Tassajara Creek corridor that crosses the site as part of Phase 1. A total of 10.88 acres, including the creek and adjacent slopes, will be dedicated as open space. The first phase of the development consists of 78 single-family cluster homes and 48 traditional single- family homes. Four distinct two-story floor plans with up to three elevations are proposed for the homes. The cluster homes will range in size from 1,816 to 2,343 square feet on lots that will have a minimum size of 2,800 square feet and an average size of 3,719 square feet. The traditional homes will range in size from 2,296 to 3,113 square feet on lots that have a minimum size of 3,950 and an average size of 4,855 square feet. The cluster homes will be grouped in clusters of seven units per court. Four of the homes will have driveways that can be used for parking two cars each. Three of the clustered homes will have short (5 foot) driveways. Each cluster will have a four-space parking bay. The development concept is depicted in the diagrams included in the Stage 1 and Stage 2 Development Plan. Two residual lots, numbers 130 and 131 will be developed in later phases. The Planned Development proposes that two accessory dwelling units be permitted on lots 129 and 131 lot for ranch-related employees. These accessory dwelling units would be limited to a maximum size of 1,500 square feet and may not be sold apart from the main dwelling they serve. ANALYSIS: GENERAL PLAN/SPECIFIC PLAN AMENDMENT The current General Plan and Eastern Dublin Specific Plan designations for the site are Medium Density Residential, Public/Semi-Public, and Open Space. The change to the General Plan and Eastern Dublin Specific Plan land use maps will involve approximately 16.4 acres of land that was previously designated as a Junior High School site (Public/Semi-Public) on the land use maps. The adopted Eastern Dublin Specific Plan acknowledged that, while several school sites were reserved on the Land Use Map, the need for these schools will depend upon the actual demand generated by development within the Specific Plan area and the possibility of development in the eastern-most portion 3 of the General Plan area. Based upon the facilities plan confirmed by the Dublin Unified School District, the District determined that this school site is not needed to serve future students in the East Dublin Area. It is appropriate that the predominant adjacent plan designation be applied when a publicly designated area is no longer needed for that purpose. The Applicant is proposing with Staff concurrence that an Amendment be made to the Dublin General Plan and Eastern Dublin Specific Plan land use maps to remove the Public/Semi-Public - Public Facility designation and apply the predominant adjacent plan designation of Medium Density Residential. A traffic analysis has determined that these changes would result in a net reduction of traffic. The proposal for 445 units on 64.39 acres (6.91 dwelling units per acre) is consistent with the density range of the Medium Density Residential plan designation (6.1 to 14.0 units per acre). With this minor amendment to the land use maps, all components of the project would be consistent with the Dublin General Plan and Eastern Dublin Specific Plan. PLANNED DEVELOPMENT REZONING The Dublin Zoning Ordinance establishes the intent and requirements of a Planned Development District. The intent of the Planned Development Zoning District is to create a more desirable use of the land, a more coherent and coordinated development, and a better physical environment than would otherwise be possible under a single zoning district or combination of zoning districts. This district requires that a Stage I and Stage 2 Development Plan be adopted to establish regulations for the use, development, improvement, and maintenance of the property within the requested Planned Development Zoning District. STAGE 1 DEVELOPMENT PLAN A Stage 1 Development Plan is proposed for all 64.39 acres of the project. It includes the first phase of 126 units on the west-side of Tassajara Creek at the south end of the Yarra Yarra Ranch, interim uses in phases 4 and 5 and future development on phases 2 through 5. Analysis of Stage 1 Development Plan Statement of proposed uses. The Development Plan outlines the permitted, conditional and accessory uses for both the PD-Medium Density Residential area and the PD-Open Space areas. The Medium Density Residential area allows single-family dwellings for phases 1,2, 4 and 5. Single-family dwellings and multi-family dwellings are allowed in Phase 3 on the West-side of Tassajara Creek. Conditional uses for phases 1,2, 4, and 5 are as established by the R-1 Zoning District. Conditional uses for phase 3 will be determined by a future Development Plan. The accessory uses for all phases of the project are as determined by the Zoning Ordinance. The Open Space area allows no land uses other than a private water well, a public trail, a maintenance road and any maintenance activities necessary for the private water well, public trail, or maintenance road. Two bridges may cross the creek but must span any areas designated Open Space. Two outfalls may be constructed within the creek setback. Interim uses. Lot 129. The interim use for Lot 129 at the north end of the project along Tassajara Road is an equestrian center including a large covered arena, with stalls several barns, a single-family dwelling unit and two accessory living units for ranch-related workers. The future use for Lot 129 is a maximum of 79 dwelling units. Lot 131. The interim use for Lot 131 (the future residence of Mrs. Koller) at the north end of the project west of Tassajara Creek is a single family dwelling unit and two accessory living units for ranch-related workers. If the accessory living units are not built by Mrs. Koller, they may not be built by any subsequent owner. The accessory living units may not be sold separately of the main dwelling. The future use for Lot 131 is a maximum of one dwelling unit. Stage 1 Site Plan. The Stage 1 Site Plan consists of Sheet PUD 4 of 17 of the project plans. Site area, proposed densities and phasing plan. The site area, proposed densities and phasing for the Stage 1 Site Plan are shown in the following chart: PHASE NO. LOT/ MAXIMUM NO. OPEN ACRES DU's PD PARCEL DWELLINGS SPACE /AC STAGE PARCEL NO. BY PHASE 1 1-126, A 126 C 18.85 6.68 1 and2 2 127 & 128 46 D, E 6.47 7.11 1 B,G,H 3 130, J,K 193 F 16.19 11.92 1 4 129, I 79 (+2 ACC. 10 7.9 1 DU'S) 5 131 1 (+2 ACC. DU'S) 2 .5 1 OPEN SPACE C 0 4.53 1 and 2 OPEN SPACE D, E, F 0 6.35 1 TOTAL 445 64.39 6.91 Master Neighborhood Landscaping Plan. PUD Sheets 14 through 16 of the project plans constitute the Master Neighborhood Landscaping Plan showing preliminary landscaping for Phase 1 and conceptual landscaping for subsequent phases. General Plan and Specific Plan Consistency. The Development Plan contains a statement that the Stage 1 Development Plan is consistent with the General Plan and Eastern Dublin Specific Plan designation (as amended) of Medium Density Residential. Inclusionary Zoning Regulations. The Development Plan contains a written statement that this project will comply with the Inclusionary Zoning Regulations by entering into an Affordable Housing Agreement with the City and by paying an in-lieu fee. STAGE 2 DEVELOPMENT PLAN 5 A Stage 2 Development Plan is proposed for Phase 1 of the project with 126 dwelling units on 18.85 acres. Analysis of Stage 2 Development Plan Statement of Compatibility with Stage 1 Development Plan. The Stage 2 Development Plan contains a statement that the Stage 1 and 2 Development plan conforms in all respects with the Stage 1 Development Plan to ensure that the latter is correctly implemented. Statement of proposed uses. The Stage 1 and 2 Development Plan proposed uses are single-family dwellings for phase 1. Conditional and accessory uses are as established in the R-1 Zoning District. The Open Space area allows no land uses other than a private water well, a public trail, a maintenance road and any maintenance activities necessary for the private water well, public trail, or maintenance road. Two bridges may cross the creek but must span any areas designated Open Space. Two outfalls may be constructed within the creek setback. Stage 1 and 2 Site Plan. Sheet PUD 1 of 17 of the project plans constitutes the Stage 1 and 2 Site Plan and shows the location and arrangement of proposed land uses, cimulation system, parking areas, limits of grading and the phasing boundaries. Site area, proposed densities and phasing plan. The site area, proposed densities and phasing plan are as shown in the chart above. Development Regulations. Detailed Development Regulations for Phases land 2 for the single-family cluster homes and traditional single-family homes are established. The regulations address lot dimensions, size, with and depth. Regulations are established regarding setbacks, accessory structures, building height, architectural projections, residential massing and parking. Architectural Standards. The architectural standards for Phase 1 are established by the architectural drawings in the project plans. It is understood that these plans are conceptual but must be generally followed pursuant to the Site Development Review process addressed later in this staff report. Preliminary Landscaping Plan. PUD Sheets 14 through 16 of the project plans constitute the Preliminary Landscaping Plan. A condition of the Site Development Review requires the submittal ora Final Landscaping and Irrigation Plan that must conform to the Preliminary Landscaping Plan and the requirements of the Zoning Ordinance. Dublin Zoning Ordinance. The Dublin Zoning Ordinance general requirements and procedures will apply for this project unless specifically modified by this Planned Development Rezone. School Mitigation Agreement. The Developer must enter into a written school agreement with the Dublin Unified School District. The agreement will address the level of mitigation necessary including school impact fees, the time of payment and similar matters. Creek improvements. All creek improvements must be completed as part of Phase 1 prior to the occupancy of any dwelling units. Compliance with PUD Plans. The project must substantially comply with the project plans. The approval of the project would incorporate this Stage 1 and Stage 2 Development Plan, in accordance with the City's Zoning Ordinance, as well as the Eastern Dublin Specific Plan requirement for a "District Planned Development Plan". The approved Planned Development (PD) Rezone and Stage 1 and Stage 2 Development Plan will include all text and diagrams attached as Exhibit A to Attachment 3. SITE DEVELOPMENT REVIEW The Eastern Dublin Specific Plan requires that Site Development Review occur at the Vesting Tentative Map stage. Pursuant to Chapter 8.104 of the Dublin Zoning Ordinance, the purpose of the Site Development Review process is to promote orderly, attractive, and harmonious site and structural development. It addresses building location, architectural and landscape design and theme, vehicular and pedestrian access, on-site circulation, parking, and traffic impacts. The Site Development Review establishes detailed regulations for the development of Phase 1 of this project. Architecture Home designs for the cluster units will be Traditional, Wood (Eastern Seaboard), and French. The home designs for the traditional single-family units will be Traditional, French, Santa Barbara and Monterey. The sensitive placement of windows for privacy, and the extensive use of design elements consistent with the architectural style throughout the site contribute to an overall well-planned community. The homes will conform to architectural plans prepared by Kaufman, Meeks and Partners, Inc. contained in the Stage 1 and Stage 2 Development Plan (Exhibit A to Attachment 3) as revised by Staff and color scheme book dated received March 22, 1999. Plotting Plan The plotting of each unit by floor plan is shown for each residential lot on page PUD 14 of 17 in the project plans. The project will include clustered unit floor-plans with both front entry garages and side entry garages (for comer lots). With the wide variety of floor-plans, elevation styles and 26 different color schemes, no two adjacent lots will contain the same front elevation, resulting in an interesting project streetscape which maintains architectural continuity. Noise Mitigation Tassajara Road is the major noise source impacting the project site. An acoustical analysis performed for the project included the requirement of sound attenuation to ensure that residential areas in the project meet City noise standards. A six-foot tall sound barrier would reduce the outdoor noise level to a level of 65 dB that is conditionally acceptable by City Standards. A ten-foot tall noise barrier would reduce the outdoor noise level to a level of 60 dB that is acceptable to the City unless esthetic and practical considerations determine otherwise. Other soundwalls approved along Tassajara Road are 6 feet tall. A 10-foot tall wall would not be compatible with the surrounding area or be acceptable to the residents of the adjacent homes. The project is proposing a sound barrier along Tassajara Road that will consist ora six-foot tall soundwall, which, along with other noise reduction measures, has been incorporated into the project design and made a condition of approval of the Site Development Review. Specific insulation and 7 mechanical ventilation standards will be required for some units, and will be reviewed as part of the building permit process. Additional noise concems applicable to this project were addressed in the Eastern Dublin Specific Plan EIR and the Initial Study for this project. The EIR Mitigation Monitoring Program requires relocation of the adjacent County Sheriff's firearms range. Even though the firing range will be relocated by the time this project is occupied and the project will comply with applicable noise standards, there is still the potential that noise from the relocated firing ranges could disturb residents of this project. A condition of approval of the Site Development Review requires the Developer to disclose to potential homebuyers the potential for noise impacts. Parking/Streetscape Each housing cluster will have a four-space parking bay. On-street parking or bay parking will provide a parking space within 150 feet of most dwelling units. Seven cluster homes and one large lot home do not have an on-street or bay parking space within 150 feet. The seven cluster units are in clusters where at least three of the homes in each cluster have driveways exceeding 50 feet in length. The extra driveway parking should ensure that sufficient guest parking will be provided within 150 feet of each cluster home. The large lot home (Lot 117) has a driveway that is over 50 feet in length which should ensure that adequate guest parking will be provided for that home. A development plan standard/condition of approval requires that a parking bay for four automobiles be provided adjacent to Lot 1. Private streets with narrower rights-of-way, as reflected on the Planned Development Site Plan and the Vesting Tentative Map contained in the Exhibit A of Attachment 3, will provide traffic circulation, while contributing to the pedestrian feel of the neighborhood. Enhanced concrete pavement will be installed at the entrance of the project. The single-family units will be provided with two-car garages and minimum 18-foot driveways at each unit. Parking will also be allowed on both sides of the publicly maintained streets, and on one side of each of the private streets which serve the cluster homes. Landscaping The Preliminary Landscape Plan and Restoration Plan (PUD sheets 14 of 17 to 17 of 17) provide for a wide variety of street trees, shrubs, vines, perennials and ground covers that are incorporated into a coordinated site plan and landscape design. The landscape scheme enhances the project's built environment and blends well with the site's existing natural elements. The main access to the project includes accent trees and landscaping, decorative paving and column details which not only create a sense of entry to the project, but also provide a transition from the Tassajara Road arterial to the project's private circulation for cluster homes. Two major oak trees adjacent to Lots 15 and 18 are being preserved. A thirty-foot wide landscaped setback is provided along Tassajara Road, consistent with the Eastern Dublin Specific Plan design guidelines and compatible with the streetscape planned for the Dublin Ranch Phase I project (located on the opposite side of Tassajara Road.). A condition of approval of the Site Development Review requires the submittal of a Final Landscape and Irrigation Plan prior to the issuance of building permits. Street trees must be of a minimum 15-gallon size. Exact tree locations and varieties and shrub, vine, espalier, and groundcover varieties will be reviewed and approved by the Director of Community Development. The Final Landscaping and Irrigation Plan must conform to the City's Water Efficient Landscape Regulations. 8 Stream Restoration Plan A Restoration Plan prepared by Zentner and Zentner dated received April 29, 1999 and incorporated by reference, is proposed that will plant Valley Oaks, native shrub clusters, native grasses to restore the native habitat that has been degraded by ranch uses and structures currently within the creek setback area. The Restoration Plan will also provide a Red Legged Frog breeding pool. The Tassajara Creek corridor has been designed to take advantage of a natural open space feature through the development of public regional trail and creek buffer with native landscaping. A 12-foot wide trail with 2 and 4 foot wide gravel shoulders, also serving as a maintenance road, will parallel the east bank in Phase 1 of the project. The creek area will retain most of its natural trees and shrubs except for where one stormdrain outfall will be constructed for Phase 1 and another stormdrain outfall and two bridges will be constructed in future phases. The planting of the Valley Oaks will compensate for the loss of trees to outfall and bridge construction. The Eastern Dublin Stream Restoration Program is applicable to this project, and requires that the creek corridor be reserved for the regional public trail and open space. The project proposes an average setback of 137 feet from the original top of bank of Tassajara Creek. All proposed project elements (with the exception of the outfalls and bridges, habitat restoration work and segments of the regional trail) are more than 100 feet from the original top of bank of Tassajara Creek. Red-Legged Frog The California Red-Legged Frog (Rana aurora draytonii) (RLF) is a Federally listed threatened species pursuant to the Endangered Species act of 1973. A RLF was discovered in Tassajara Creek by a biologist reviewing this project on behalf of the City of Dublin. The City has prepared a Mitigated Negative Declaration and Initial Study for this project. The City has determined that this project will not have significant environmental impacts to the RLF or RLF habitat based on the Initial Study and mitigation measures thereof, studies prepared by the Applicant's biologist, Zentner and Zentner and mitigation measures of the Eastern Dublin Specific Plan/General Plan EIR. The RLF findings of the Initial Study are as follows: Potential breeding habitat for the RLF exists in the aquatic portions of the creek channel, which will not be physically impacted by the project; Potential RLF foraging and/or estivation habitat consists of riparian woodlands adjacent to the creek and upland aquatic and riparian areas where sufficient cover is provided by existing vegetation, structures or stored materials. Impacts to riparian habitat will be temporary and consist of the installation of two stormdrains and construction of two bridges spanning the creek. Upland habitat outside of the buffers will be permanently developed for residential use; No upland RLF migratory routes to adjacent properties west of Tassajara Road will be blocked by the project; The proposed buffer from the creek, which averages 137 feet in width, is adequate to minimize impacts to RLF to a level of less than significant; A series of proposed RLF mitigation measures have been included in the Mitigated Negative Declaration and Initial Study prepared for this project. In addition the construction of an off-channel pond, pre-construction surveys, split-rail fencing and vegetative restoration, will mitigate temporary construction-related impacts to RLF to a less than significant level with mitigation incorporation. @ Mitigation Measures. Mitigation measures have been included in the Draft Negative Declaration and Initial Study/Mitigation Monitoring Program and in the Development Plan standards and Tentative Map conditions of approval. See Attachment 13. These mitigation measures, as well as mitigation measures of the Eastern Dublin Specific Plan and General Plan Final Environmental Impact Report, will ensure that the impacts of this project are reduced to a level of insignificance as required by the California Environmental Quality Act. Comment Letters and Response Letters The City has received 11 letters commenting on the Mitigated Negative Declaration which are in Attachment 15. Copies of the City's written responses to these letters of comment are included in Attachment 16. The comment letters generally assert that: 2. 3. 4. The Mitigated Negative Declaration is not an adequate document. A wider creek setback of 300 feet be provided. An EIR be prepared because the listing of the RLF as "threatened" is new information. Dry weather flows from the storm drain outfalls into the creek will erode the stream banks rendering them susceptible to bank failure during high flows. The City, working in conjunction with the City's biological consultant LSA, has determined that the concerns raised in the letters commenting on the MND are adequately addressed by the Eastern Dublin FEIR, the MND, project design, and development standards/conditions of approval. A brief discussion of each issue listed above follows. 1. The City feels that the MND and the previous EIR are adequate review per CEQA. Many comments generally reflect a disagreement between Department of Fish and Game biologists and the City's biologists. Based on the applicant's and City's biologists review of site-specific conditions, the mitigation measures and MND are adequate. 2. A wider creek setback of 300 feet is not necessary because site specific biologicial studies have resulted in the detection of one RLF in the creek and no RLF in the upland areas. Due to the few observations of RLF during several surveys it is unlikely that RLF will be moving to adjacent upland habitat on the project site. The disturbed riparian habitat on the creek will be reestablished. The current habitat will be suitable for use by the RLF. There is no current barrier to the movement downstream to this site by RLF from occupied upstream habitat. Therefore the site has not been eliminated from possible use by the RLF and the RLF will not be removed from Tassajara Creek by this project. (See Attachment 17). 3. The program EIR prepared for the Eastern Dublin General Plan Amendment and Specific Plan evaluated individual and cumulative impacts to RLF and California Tiger Salamander (CTS). As a designated "candidate" species for federal listing and a state "Species of Special Concern" at the time, the EIR identified potentially significant impacts on the RLF even though RLF were not seen on the project site at the time. The impacts to the RLF are not a new significant effect because they were already addressed in the EIR. The adopted EIR mitigation measure requirement of a creek buffer remains adequate even though there may be disagreements among biologists as to the appropriate width of the buffer. The Mitigated Negative Declaration continues to treat the RLF as a significant impact pursuant to the EIR and refines the mitigation to reflect site-specific conditions and the biology of the creek as it l0 passes through the project site. Based on site-specific studies, the applicant's and the City's biologists agree that the EIR mitigations as refined in the Mitigated Negative Declaration will continue to reduce any impacts to RLF to less than significant. The City has therefore determined that a subsequent EIR is not required. 4. The City feels that there will be no erosion of the stream banks rendering them susceptible to bank failure during high flows. The applicant's engineer, RJA, has worked with the City Public Works Department and Zone 7 to design outfall structures that will not cause erosion and that can be constructed without encroachment into the aquatic zone of the creek. The outfall structure will contain permeable drain rock that will filter low flows rather than allowing the water to flow directly into the creek. The rock will be placed over an impermeable barrier causing the water to percolate horizontally through the structure. This will prevent the soil form being saturated which could weaken the stability of the structure and the adjacent slope. Further, the creek soils consist of stiff to hard clays that have a low susceptibility to erosion. Walls and Fences As mentioned above, a 6 foot tall soundwall noise buffer will be constructed along the eastern property boundary of the residential lots along Tassajara Road. The material will be pre-cast concrete panels to match the project architecture, with pilasters at each wall joint. Rock pilasters will be provided at the project entry. A 6-foot solid wood property line fence will be constructed between residential lots. Some side-yard areas and exterior lot lines will have masonry perimeter walls to complement the project's architecture. Maintenance of Landscaping/Streets/Open Space The City generally is responsible for maintenance of landscaping within the rights-of-way of streets that it accepts for dedication. The landscape improvements for street right-of-way, open spaces and stream corridor parcels will be installed by the Developer concurrently with the development of the adjacent residential parcel unless otherwise specified by Zone 7 or the Development Agreement. Private streets and landscaping on lands jointly owned by the cluster home homeowners will be maintained by the Homeowners Association of the clustered homes. Tassajara Road and the public streets in the project will be publicly maintained. The open space areas will be owned and maintained by for flood control purposes by Zone 7. The landscaping in the open space areas and the Tassajara Road frontage will be maintained by a Maintenance Association made up of all property owners within the entire development. Either the East Bay Regional Parks District or the Maintenance Association will maintain the Regional Trail within an easement through Zone 7 owned land. VESTING TENTATIVE MAP The developer has submitted Vesting Tentative Map 7075 for Phase 1 proposing to subdivide an existing parcel of 64.39 acres into 131 lots and 11 open space or street parcels. The first 126 residential lots would constitute Phase 1 of the development. Subsequent lots would be developed according to the phasing plan in the Development Plan. The primary access to the project will be from Tassajara Road, via a public street (Street "A"), and the secondary access will be via the future extension of the public Creek View Drive and Street "D" which will connect to Tassajara Road as shown on PUD sheet 9 of 17. Private streets and cluster drives will provide additional access to residences. Improvements provided by the Vesting Tentative Map, along with the Conditions of Approval, address flood control, street improvements, utilities, schools, phasing, noise mitigation, landscaping, and the regional trail system. Street improvements and right-of-way dedications are shown in detail on the Vesting Tentative Map and Site Plans contained in the Stage 1 and Stage 2 Development Plan ( Exhibit A of Attachment 3). Requirements of the affected utilities and special districts have been incorporated into the Conditions of Approval as part of the required "will-serve" commitments. ENVIRONMENTAL ANALYSIS This project is within the Dublin General Plan's Eastem Extended Planning Area and the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report, certified by the City of Dublin in 1993 including revisions to Part I of the Responses to Comments relating to the Kit Fox, and Addendum to the DEIR dated May 4, 1993 and a DKS Associates Traffic Study dated December 15, 1992 (SCH91103064) (see Background 9). The General Plan/Specific Plan EIR is a program EIR, which anticipated several subsequent actions related to future development in Eastern Dublin. The EIR did identify some impacts from implementation of the General Plan/Specific Plan which were not able to be mitigated. Upon certification of the EIR, the City adopted a statement of overriding considerations for such impacts, some of which relate to this project (e.g.; visual impacts and biological impacts). The City also adopted a mitigation monitoring program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. These mitigation measures apply to project approvals and actions at various stages in the development process, and will be applied to this project as applicable primarily through Development Plan standards and VTM Conditions of Approval. The timing of these mitigation measures is indicated in the City's EIR mitigation monitoring matrix, attached as a Background Attachment 14. An Initial Study, dated October 12, 1999, was prepared for the project, to determine whether them will be additional environmental impacts occurring as a result of this project beyond or different from those already addressed in the Program EIR. The Initial Study identified some potential impacts to the RLF that required an examination at a project-specific level of detail, due to the proposed development specific to the project. As a result of this further evaluation, mitigation measures in the EIR with regard to the RLF were refined and included in a Mitigated Negative Declaration for this project. It has been determined that the project will not have a significant effect on the environment because all potentially significant impacts have been analyzed adequately in the Eastern Dublin Specific Plan/General Plan EIR and addenda pursuant to applicable standards, and/or have been avoided or mitigated pursuant to that earlier EIR, and/or through revisions, conditions or mitigation measures that are imposed upon the project or agreed to by the project proponent and because a Mitigated Negative Declaration will be adopted that mitigates any project-related impacts of this project to a level of insignificance through the adoption of mitigation measures and a Mitigation Monitoring Program. The Initial Study's focused evaluation of pertinent project-level environmental issues include traffic, noise, and biological effects, cultural resources, and public service issues such as wastewater and schools. Each of these issues has been the subject of supplemental environmental studies addressing potential environmental effects at the project level. In each case, studies have determined that the project will not have any additional significant environmental impacts that were not evaluated in the earlier EIR. Recommendations from the supplemental studies are included in the project description and/or are reflected in the Development Plan standards/conditions of approval. Further discussion of the pertinent issues appears below. 12 TRAFFIC. A traffic study was conducted for the project. It identified several impacts, however the impacts and related improvements were previously addressed in the certified Program EIR. Mitigation measures of the EIR required traffic improvements and fees to mitigate any significant impacts. The recent traffic study improvements, which are reflected in the Development Plan and have been made conditions of the project, are within the scope of the mitigations identified in the EIR. NOISE. A supplemental noise study was conducted for the project at a project-specific level to determine whether the project resulted in any additional noise impacts or required any additional noise mitigation measures. The study established outdoor noise goals based upon the applicable General Plan and Specific Plan standards, and identified areas in which sound barriers and other measures would be needed to achieve these goals. The requirement for these barriers and other measures are reflected in the Development Plan and have been made conditions of approval of the project. No additional significant impacts beyond those addressed in the Program EIR were identified for the project. BIOLOGICAL. Supplemental biological studies were conducted for the project at a project-specific level to determine whether the project development will result in any additional impacts or requires any additional mitigation measures. The study also followed up on several studies previously completed as part of the Program EIR. The project site has been designed with consideration of biological concerns, and EIR and Mitigated Negative Declaration mitigation measures. The mitigation measures are reflected in the Development Plan and have been made conditions of approval of the project. No additional significant impacts beyond those addressed in the Program EIR will result from the project. CULTURAL RESOURCES. The project site contains a residence that was identified in the FEIR as a potential architecturally significant historic resource. A cultural resource study was conducted to assess the site and building's architecture, and to determine the extent of significant historic resources on the property. The study revealed that the residential structure identified as potentially historic is actually a Victorian-style building constructed around 1910 which has been significantly altered on several occasions. Several other buildings exist on the site, including barns, workshops, a garage and a bunkhouse, most of which have been constructed later than the residence. The report concludes that the property is characteristic of a small family ranching settlement typical of many such homesteads throughout the region, and does not meet criteria for eligibility to the California Register of Historic Resources. The report concluded that there are no significant historic resources on the property and that no impacts to architecture will result from this project. PUBLIC FACILITIES. The certified Program EIR, as updated by the August 22, 1994 addendum, examined wastewater facility needs for the project area, and analyzed on a programmatic level mitigations calling for improvements to wastewater treatment and export facilities. Planning by local agencies for the improvements necessary to provide adequate wastewater services is ongoing. SCHOOLS. The Prezoning for this project site requires a School Mitigation Agreement between the developer and the affected School District to establish the method and manner of financing and/or constructing school facilities necessary to serve the school population generated by the development. An agreement will be entered into with the Dublin School District that will cover the site. A copy will on file in the Planning Department prior to recording of the Final Map. The Initial Study discusses the provisions of the project, conditions, and applicable mitigation measures of the Program EIR which address environmental concerns. A copy of the EIR, the Initial Study, and the 13 supplemental environmental studies regarding these issues are incorporated in this Staff Report by reference (copies are available for review at the Dublin Planning Department, 100 Civic Plaza, Dublin, CA 94568). As a result of the review of the certified EIR and addenda, and an analysis of pertinent project-level environmental issues presented in the Initial Study, it has been determined that the proposed project (a) will not have any new significant effects on the environment which have not been analyzed adequately in an earlier EIR, or the Mitigated Negative Declaration prepared for this project, pursuant to applicable standards. To this extent, the project is within the scope of the Program EIR. Project specific analysis beyond the Program EIR is reflected in the proposed Mitigated Negative Declaration. All mitigations from the Program EIR and the Mitigated Negative Declaration and all recommendations from the supplemental studies are included in the project description and/or conditions of approval. CONCLUSION This application has been reviewed by the applicable City Departments and agencies, and their comments have been incorporated into the Development Plan standards and Conditions of Approval. The proposed project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and represents an appropriate project for the site. Staff recommends the Planning Commission approve the Vesting Tentative Map and Site Development Review (subject to City Council approval of the Specific Plan/General Plan Amendment and Planned Development Rezone), and forward a recommendation of approval for the project, through adoption of the attached Resolutions as follows: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Attachment 5: Resolution recommending City Council adopt Resolution approving the Mitigated Negative Declaration; and Resolution recommending City Council Amend the Eastern Dublin Specific Plan/General Plan Land Use Diagrams; and Resolution recommending City Council approve a Planned Development Rezone and a Stage 1 and Stage 1 and Stage 2 Development Plan; and Resolution recommending City Council adopt the Ordinance approving the Planned Development Rezone and Stage 1 and Stage 1 and Stage 2 Development Plan; and Resolution Approving the Vesting Tentative Map and Site Development Review (g:pa98062\PCSR.doc) 14 RESOLUTION NO. 00-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR PA 98-062, GREENBRIAR LAND COMPANY TASSAJARA CREEK RESIDENTIAL PROJECT - GENERAL PLAN/SPECIFIC PLAN AMENDMENT, PD REZONING, VESTING TENTATIVE MAP, SITE DEVELOPMENT REVIEW AND DEVELOPMENT AGREEMENT WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller (Applicant/Developer), has requested approval of a General Plan/Specific Plan Amendment and Planned Development Rezone/Stage 1 and Stage 2 Development Plan, Vesting Tentative Map and Site Development Review to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, the project site is in Eastern Dublin for which the City adopted the Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development of the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH: 91103064, Resolution 51-93, and Addendum dated August 22, 1994, hereafter Eastern Dublin EIR or program EIR ) which is available for review in the Planning Department and is incorporated herein by reference. The program EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and areawide mitigation measures for developing Eastern Dublin; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93), which mitigation measures and monitoring program continue to apply to implementing development projects in Eastern Dublin; and WHEREAS, the Eastern Dublin EIR also identified potentially significant environmental impacts that could not be avoided by mitigation and for which the City adopted a Statement of Overriding Considerations pursuant to CEQA; and WHEREAS, the Greenbriar Land Company Tassajara Creek Residential Project is a development proposal to implement the Eastern Dublin Specific Plan; and WHEREAS, the City prepared an Initial Study to evaluate site-specific impacts of the project to a greater level of detail than in the program EIR. Based on the Initial Study, the City prepared a Mitigated Negative Declaration (SCH: 99102104) and Mitigation Monitoring Program for the project with the finding that with implementation of the mitigation measures previously adopted for the program EIR and site specific mitigation measures contained in the Initial Study and ATTACHMENT 1 agreed to by the developer, and as further clarified in the Response to Comments, the potential site- specific impacts of the project will be less than significant; and WHEREAS, a complete application for the project is available and on file in the Planning Department; and WHEREAS, a 30 day public review period was held for the Mitigated Negative Declaration, from October 31, 1999 to November 29, 1999; and WHEREAS, Eleven letters commenting on the Mitigated Negative Declaration were received during the public review period from local, state and federal agencies, and from other interested commenters, primarily regarding the project s effects on two special species, the red- legged frog and the California tiger salamander; and WHEREAS, through responses to comments received, information has been added to the Mitigated Negative Declaration which merely clarifies or makes insignificant modifications to the document; and WHEREAS, all comments received during the public review period have been responded to and are attached to the project staff report as Attachment 16; and WHEREAS, pursuant to CEQA Guidelines section 15074.1 (b), the responses to comments include a substitute Mitigation Measure 1 which is equivalent or more effective in avoiding potential impacts to the red-legged frog than the original Mitigation Measure 1 and that it in itself will not cause any potentially significant effects on the environment in that the substitute measure would require that if a red-legged frog is sighted during construction, all work within 100 feet of the location of the sighting will cease until a biologist verifies that no red-legged frog are present in the work area; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the project on February 22, 2000 at which time they reviewed and considered the Mitigated Negative Declaration and all reports, recommendations and testimony before them. NOW, THEREFORE, BE IT RESOLVED that the above recitals are incorporated in this resolution. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby find that: A. The proposed development is within the scope of the program EIR. Site-specific environmental effects have been analyzed in an Initial Study/Mitigated Negative Declaration which determined that the project will not have a significant effect on the environment with the application of mitigation measures identified in the program EIR and the Mitigated Negative Declaration. There is no substantial evidence in light of the whole record before the City that the project as mitigated will have a significant effect on the environment. B. The program EIR and Mitigated Negative Declaration adequately describe the impacts of the project. As further discussed in the Initial Study and responses to comments, there have been no substantial changes in the project or new information which necessitate supplementing the program EIR pursuant to CEQA section 21166 and CEQA Guidelines section 15162 in that 1. The proposed project complies with the land uses, densities, and development policies of the Eastern Dublin GPA/SP. 2. There are no substantially changed circumstances that involve new or substantially more severe significant impacts. In particular, listing of the red-legged frog is not a changed circumstance or new information as impacts to this and other sensitive species were analyzed as significant impacts in the program EIR. 3. There is no new information showing new or substantially more severe impacts. C. The mitigation measures identified in the program EIR and the Mitigated Negative Declaration are included in the project description as applicable and are reflected in related Development Plan standards and Vesting Tentative Map conditions of approval. D. The Mitigated Negative Declaration has been prepared in accordance with State and local environmental laws and guidelines. E. The Mitigated Negative Declaration is complete and adequate and reflects the City s independent judgment and analysis as to the environmental effects of the proposed project. BE IT FURTHER RESOLVED that the Dublin Planning Commission does hereby recommend City Council adoption of the Mitigated Negative Declaration for PA 98-062, Greenbriar Land Company Tassajara Creek Residential project, including the Initial Study and responses to comments which are incorporated herein by reference. PASSED, APPROVED and ADOPTED this 22nd day of February, 2000. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Community Development Director J:\WPD\MNRSW~114\133\PCNDRES.doc G:pa98062/pcndres RESOLUTION NO. 00-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE THE GENERAL PLAN AMENDMENT AND SPECIFIC PLAN AMENDMENT, FOR PA 98-062 THE GREENBRIAR LAND COMPANY TASSAJARA CREEK RESIDENTIAL DEVELOPMENT WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams (Applicant/Developer), has requested approval of a General Plan amendment and a Specific Plan Amendment to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, Applicant/Developer has submitted a complete application for a General Plan Amendment and Specific Plan Amendment which is available and on file in the Planning Department; and WHEREAS, Applicant/Developer has submitted a General Plan Amendment and Specific Plan Amendment Map (Exhibit A to Attachment 3), labeled PUD Sheet 3 of 17, dated received September 2, 1999, and amended to state "Specific Plan Amendment Map" as well as General Plan Amendment Map, and WHEREAS, the General Plan Amendment and Specific Plan Amendment propose to amend their respective plans to change the land use designation of 16.4 acres at the southerly end of the Yarra Yarra property on the East side of Tassajara Creek from Public/Semi-Public - Public Facility (Junior High School site) to Medium Density Residential; and WHEREAS, the Dublin Unified School District has determined that it does not need the subject land designated Public/Semi-Public - Public Facility Applicant; and WHEREAS, the lands surrounding the subject land designated Public/Semi-Public - Public Facility are designated Medium Density Residential on both the Dublin General Plan and the East Dublin Specific Plan; and WHEREAS, the most appropriate land use designation on both the Dublin General Plan and the East Dublin Specific Plans for the subject land designated Public/Semi-Public - Public Facility is Medium Density Residential; and WHEREAS, an analysis of traffic generation of both a Junior High School and a residential development at 6.91 dwelling units per acre revealed that the General Plan Amendment and Specific Plan Amendment to the Medium Density Residential land use designation would result in a reduction of P.M. peak traffic; and ATTACHMENT 2 WHEREAS, pursuant to the Califomia Environmental Quality Act (CEQA) the City has found, that based on the Eastern Dublin Program EIR and the project MND, the project as proposed, conditioned and mitigated will not have a significant environmental effect (Resolution 00 - ); and WHEREAS, the Planning Commission held a public hearing on said applications on February 22, 2000; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the General Plan Amendment and Specific Plan Amendment; 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 Conunission does hereby make the following findings and determinations regarding said proposed General Plan Amendment and Specific Plan amendment: The proposed Amendments are consistent with the goals, general provisions and purpose of the Dublin General Plan and the Eastern Dublin Specific Plan as proposed to be amended herein; and The Amendments are appropriate for the subject property in terms of land use compatibilities; will not overburden public services; and will provide a comprehensive plan for development of the site while preserving portions of the site for open space; and The changes to the General Plan and EDSP will provide a revision to the land use designations for this property, changing approximately 16.4 acres from "Public/Semi-Public - Public Facility" to "Medium Density Residential" as reflected on Sheet PUD 3 of 17, included as a part of Exhibit A to this resolution. The change to this land use is in the public interest and is appropriate based upon the analysis contained in the staff report, will provide a development pattern consistent with the Specific Plan goals, will reduce automobile traffic, and will help implement policies of the General Plan and EDSP regarding development in Eastern Dublin The Amendments 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. NOW THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby recommend City Council approval of the General Plan Amendment and Specific Plan Amendment for PA 98-062 from Public/Semi-Public - Public Facility to Medium Density Residential: PASSED, APPROVED AND ADOPTED this 22"a day of February, 2000. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director g:\98062\PCRES,GPA,SPA 3 RESOLUTION NO. 00-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A PLANNED DEVELOPMENT (PD) REZONE, A STAGE 1 DEVELOPMENT PLAN FOR THE ENTIRE PROJECT AND A STAGE 1 AND 2 DEVELOPMENT PLAN FOR PHASE 1 FOR PA 98-062 THE GREENBRIAR LAND COMPANY TASSAJARA CREEK WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams (Applicant/Developer), has requested approval of a General Plan Amendment and Specific Plan Amendment, Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, (Exhibit A to Attachment 3), a Vesting Tentative Map and a Site Development Review to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development Rezone which is available and on file in the Planning Department; and WHEREAS, Applicant/Developer has submitted an Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, (Exhibit A to Attachment 3) as shown on Sheets PUD 1 of 17 (Stage 1 and 2 Development Plan), 2 of 17 (aerial photo), 4 of 17 (Stage 1 Development Plan) and 5 of 17 (amended to be labeled Stage 1 and 2 Site Plan) dated received September 2, 1999, as required by Section 8.32 of the Zoning Ordinance, and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, that based on the Eastern Dublin Program EIR and the project MND, the project as proposed, conditioned and mitigated will not have a significant environmental effect (Resolution 00 - ); and WHEREAS, the Planning Commission held a public hearing on said applications on February 22, 2000; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Planned Development Rezone for PA 98-062; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the Planning Commission recommended City Council approval of the Mitigated Negative Declaration and Mitigation Monitoring Program (Resolution 00 - ), the related General Plan Amendment and Specific Plan Amendment (Resolution 00 - ) and the Resolution recommending adoption of the Ordinance approving this Planned Development (Resolution 00 - .....). ATTACHMENT 3 NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: 1. The proposed Planned Development Zoning District meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, for the Greenbriar project that will create a desirable use of land and an environment that will be harmonious and compatible with existing and potential development in surrounding areas and because the site plan has been designed to be compatible with other proposed and approved plans in the vicinity, including the Tassajara Creek open space area and regional trail and future residential homes approved to the east and south of the project. Adequate setbacks and complementary architectural designs and landscaping proposed in the Stage 1 and Stage 2 Development Plan for Phase 1 have been specially designed to provide an attractive living environment. 2. The project site is physically suitable for type and intensity of this residential project in that it is flat, has adequate access and is of a sufficient size to provide housing as well as open space for the future residents of the project. 3. The proposed Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, have been designed in accordance with the City of Dublin General Plan, Eastern Dublin Specific Plan and Program EIR and Addenda. Additionally, project specific analysis has determined that the project's design is sensitive to biological features onsite and to proposed surrounding land uses. 4. The proposed Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and consistent with, the density range of the Medium Density Residential designation of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), and because it conforms to the elements and policies of those plans through the provision of archaeological and historic protection, erosion and siltation control policies, open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, Housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. 5. The Planned Development Rezone is consistent with Chapter 8.32 in that it the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, establishes permitted and conditionally permitted uses, accessory uses, and development regulations which will ensure that the project is compatible with existing and proposed residential, business, and public uses in the immediate vicinity; and 6. The Planned Development Rezone will provide efficient use of the land pursuant to the Eastern Dublin Specific Plan that includes the preservation of significant open areas and natural and topographic landscape features along Tassajara Creek with minimum alteration of natural land forms; and 7. The Planned Development Rezone will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by the Eastern Dublin Specific Plan policies and mitigation measures; and 8. The adopted Eastern Dublin Specific Plan Mitigation Monitoring Program along with the Mitigated Negative Declaration and associated Mitigation Monitoring Program will apply to this Project, along with the conditions made a part of project approval, as the reporting and monitoring program required by Public Resources Code Section 21081.6 for the Project. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council approve a Plaimed Development Rezone and the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1 (as set forth in Exhibits A and B to Attachment 3), dated received September 2, 1999, for remaining phases for the Greenbriar Land Company Tassajara Creek project (PA 98-062), subject to the sheets in Exhibit A to Attachment 3, which constitutes regulations for the use, improvement, and maintenance of the property. PASSED, APPROVED AND ADOPTED this 22nd day of February, 2000. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Community Development Director g:\98062\PCRESPD 3 STAGE 1 AND STAGE 2 DEVELOPMENT PLAN PLANNED DEVELOPMENT REZONE (PA 98-062) GREENBRIAR LAND COMPANY TASSAJARA CREEK Tract #7075 This is a Development Plan pursuant to Chapter 8.32 of the Dublin Ordinance for the Greenbriar Land Company Tassajara Creek development located on Yarra Yarra Ranch on the west side of Tassajara Road, north of the Casterson Development. The Development Plan consists of: 1. A Stage 1 Development Plan for the entire development. 2. A Stage 1 and 2 Development Plan for Phase 1. The Stage 1 Development Plan meets the requirements of Section 8.32.040.A of the Zoning Ordinance and consists of the following: 2. 3. 4. 5. 6. 7. 8. Statement of proposed uses. Interim uses. Stage 1 Site Plan. Site area, proposed densities and phasing plan. Master Neighborhood Landscaping Plan. General Plan and Specific Plan consistency. Inclusionary Zoning Regulations. Aerial Photo. The Stage 1 and 2 Development Plan meets the requirements of Section 8.32.040.B of the Zoning Ordinance and consists of the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Statement of compatibility with the Stage 1 Development Plan. Statement of proposed uses. Stage 1 and 2 Site Plan. Site area, proposed densities and phasing plan. Development regulations. Architectural standards. Preliminary Landscaping Plan. Dublin Zoning Ordinance - Applicable Requirements. School Mitigation Agreement. Creek improvements. Compliance with PUD plans EXHIBIT A TO ATTACHMENT 3 STAGE 1 DEVELOPMENT PLAN 1. Statement of proposed uses. A. PD - Medium Density Residential Permitted Uses: 1. Phases 1, 2, 4 and 5 a. Single-family dwellings. Phase 3 a. Single-family dwellings. Multi-family dwellings. b. Conditional Uses: 1. Phases 1, 2, 4 and 5. As provided for in the regulations and procedures of the R-1 Zoning District. Phase 3. As determined by Stage 1 and 2 Development Plan at a later date. Accessory Uses: As provided for in the Dublin Zoning Ordinance. Phases 1 - 5. As provided for in the regulations and procedures of the Zoning Ordinance. B. PD - Open Space No land uses are permitted in open space parcels designated on the Site Plan and related Tentative Map other than a private water well, a public trail, a maintenance road and any maintenance activities necessary for the private water well, public trail, creek or maintenance road. Two bridges may cross the creek but must span any areas designated open space. Two outfalls may be constructed within the creek setback. 2. Interim uses. Lot 129. The Interim Use for Lot 129, approximately 10 acres in the far northeastern comer of the subject property, shall consist of an equestrian center use including a large covered arena with stalls, several barns, a single family residence, up to two accessory living units for ranch-related workers no larger than 1,500 square feet in size, and several other structures such as barns, sheds, and storage units. The future use for this 10-acre parcel shall be Medium Density Residential with up to 79 units of density. Should the owner of this 1 O-acre equestrian facility wish to develop the property in the future, a maximum of 79 units will be permitted on the property. Lot 131. Lot 131 is a two-acre parcel at the northwestern comer of the subject property. The allowed use shall consist of a single family home with up to two accessory living units for ranch-related workers no larger than 1,500 square feet in size. The accessory living units may only be constructed by the original owner, Mrs. Marjorie Koller. If the accessory living units are not constructed by Mrs. Marjorie Koller, they cannot be constructed by any subsequent owner. The accessory living units may not be sold separately from the main dwelling unit on Lot 131. Allowed use for this lot will also include accessory structures such as sheds and storage units as regulated by the Zoning Ordinance. Should the owner of Lot 131 wish to develop this property in the future, a maximum of one unit will be permitted on the property. 3. Stage 1 Site Plan. The Stage 1 Site Plan consists of Sheet PUD 4 of 17 of the project plans dated received September 2, 1999 (hereafter, project plans). 4. Site area, proposed densities and phasing plan. PHASE NO. LOT/ MAXIMUM NO. OPEN ACRES DU's PD PARCEL DWELLINGS SPACE /AC STAGE PARCEL NO. BY PHASE 1 1-126, A 126 C 18.85 6.68 I and2 2 127 & 128 46 D, E 6.47 7.11 1 B,G,H 3 130, J,K 193 F 16.19 11.92 1 4 129, I 79 (+2 ACC. 10 7.9 1 DU'S) 5 131 I (+2 ACC. DU'S) 2 .5 1 OPEN SPACE C 0 4.53 1 and 2 OPEN SPACE D, E, F 0 6.35 1 TOTAL 445 64.39 6.91 5. Master Neighborhood Landscaping Plan. PUD Sheets 14 through 16 of 17 of the project plans constitute the Master Neighborhood Landscaping Plan. 6. General Plan and Specific Plan consistency. The proposed Stage 1 Development Plan is consistent with all elements and policies of the Dublin General Plan and the Eastem Dublin Specific Plan. The project is within, and consistent with, the density range of the Medium Density Residential designation of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended). The project conforms to the elements and policies of those plans through the provision off A) Archaeological and historic protection, erosion and siltation control policies, open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements. B) Roadways that are consistent with the Circulation Element. C) Adequate public facilities as required by the Schools, Public Lands and Utilities Element. D) Housing as desired by the Housing Element. E) Safe design as required by the Seismic Safety and Safety Element. 7. Inclusionary Zoning Regulations. In accordance with the Inclusionary Zoning Regulations, the Applicant shall be required to provide 5% of all housing to be affordable to those of very low, low and moderate incomes or pay an in-lieu fee in the amount and at the times set forth in City Council Resolution 57-97, or other resolution revising the in-lieu fee provisions. The Applicant will not be building any affordable units and has elected to comply with the Inclusionary Zoning Regulations by entering into an Affordable Housing Agreement with the City and by paying in-lieu fees. 8. Aerial Photo. The aerial photo is as shown on PUD Sheet 2 of 17 of the project plans. STAGE 1 and 2 DEVELOPMENT PLAN 1. Statement of compatibility with the Stage 1 Development Plan. The Stage 1 and 2 Development Plan conforms in all respects with the Stage 1 Development Plan. 2. Statement of proposed uses. A. PD - Medium Density Residential Permitted Uses: 1. Phase 1 a. Single-family dwellings. Conditional Uses: 1. Phase 1 a. As provided for in the regulations and procedures of the R-1 Zoning District. Accessory Uses: As provided for in the Dublin Zoning Ordinance. 1. Phases 1 - 5. As provided for in the regulations and procedures of the Zoning Ordinance. B. PD - Open Space No land uses are permitted in open space parcels designated on the Site Plan and related Tentative Map other than a private water well, a public trail, a maintenance road and any maintenance activities necessary for the private water well, public trail, creek or maintenance road. Two bridges may cross the creek but must span any areas designated open space. Two outfalls may be constructed within the creek setback. 3. Stage 1 and 2 Site Plan. The Stage 1 and 2 Site Plan consists of Sheet PUD 1 of 17 of the project plans. 4. Site area, proposed densities and phasing plan. PHASE NO. LOT/ MAXIMUMNO. OPEN ACRES DU's PD PARCEL DWELLINGS SPACE /AC STAGE PARCEL NO. BY PHASE 1 1-126, A 126 C 18.85 6.68 1 and 2 2 127& 128 46 D,E 6.47 7.11 1 B, G, H 3 130, J, K 193 F 16.19 11.92 1 4 129, I 79 (+2 ACC. 10 7.9 1 DU'S) 5 131 1 (+2 ACC. DU'S) 2 .5 1 OPEN SPACE C 0 4.53 1 and 2 OPEN SPACE D, E, F 0 6.35 1 TOTAL 445 64.39 6.91 5. Development regulations. The Development Regulations for the Stage 1 and 2 Development Plan are as follows: Single Family Cluster Homes Lot Size: 2,800 square feet minimum Front Yard: From yard setbacks for detached residences should vary for Setbacks: visual interest, where possible, along through-streets. A. Front entry garages 5' minimum B. Front porch 4' minimum to side yard property line C. From ofhouse 8' minimum (All dimensions shall be from back of right-of-way line.) Note: Sectional garage doors with automatic openers are required for all residences. Side Yard Setbacks: 5' minimum; 3' to garage* * 3' landscape easement to be granted to adjacent lot Side Yard Setback for Street Side Corner Lot: 8' minimum, 5' minimum to side entry garage with no parking on apron Building Separation: 10' minimum Rear Yard Setbacks: Minimum: 15' Accessory Structures: Accessory structure setbacks shall be as stated in the Dublin Zoning Ordinance: Building Height: 35' maximum, 2 stories Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches, other architectural projections and air conditioning equipment may project 3' into required side yards, but never closer than 2' from the property line. There shall be a minimum 36" clear on one side yard. Residential Massing: Single story elements are encouraged to break up 2- story massing. The maximum building height shall be 35 feet. Parking/Garages: Each unit shall be provided with a two-car garage with minimum 19' x 19' clear area and one guest parking space. Guest parking may be located on street or in specifically designated guest parking areas. Traditional Single Family Homes Lot Dimensions: 50' x 79' minimum Lot Size: 3,950 square feet minimum Lot width: 50 feet minimum Lot depth: 79 feet minimum Front Yard: Front yard setbacks for detached residences should vary for Setbacks: visual interest, where possible, along through-streets. A. Front entry garages 18' minimum B. Front porch 4' minimum to side yard property line C. Front of house 10' minimum (All dimensions shall be from back of right-of-way line.) Note: Sectional garage doors with automatic openers are required for all residences. Side Yard Setbacks: 5' minimum Side Yard Setback for Street Side Corner Lot: 10' minimum Building Separation: 10' minimum Rear Yard Setbacks: Minimum: 10' Accessory Structures: Accessory structure setbacks shall be as stated in the Dublin Zoning Ordinance. Building Height: 35' maximum, 2 stories Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches, other architectural projections and air conditioning equipment may project 3' into required side yards, but never closer than 2' from the property line. One side yard shall not be obstructed to less than 36 inches. Residential Massing: Single story elements are encouraged to break up 2-story massing. The maximum building height shall be 35 feet. Parking/Garages: Each unit shall be provided with a two-car garage with minimum 19' x 19' clear area and two guest parking spaces. Guest parking may be located on street or in specifically designated guest parking areas. All Development Regulations in the Stage 1 and Stage 2 Development Plan are subject to the requirements of the R-1 Zoning District unless otherwise specified above. 6. Architectural standards. The architectural standards for the Stage 1 and 2 Development Plan are established by the architectural drawings in the project plans received September 2, 1999. 7. Preliminary Landscaping Plan.. PUD Sheets 14 through 16 of the project plans constitute the Preliminary Landscaping Plan. 8. Dublin Zoning Ordinance - Applicable Requirements Except as specifically modified by the provisions of this PD District Rezone, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this PD District Rezone. 7 9. School Mitigation Agreement Prior to the effective date of any tentative map approval, the developer shall enter into a written school mitigation agreement with the Dublin Unified School District. The mitigation agreement shall establish the level of mitigation necessary, the amount of any school impact fees, the time of payment of any such fees and shall address such similar matters to ensure that the impacts of the project on schools are satisfactorily mitigated. 10. Creek improvements Creek improvements shall be completed as part of Phase 1 prior to the occupancy of any dwelling units. 11. Compliance with PUD Plans The project shall substantially comply with the project plans and details shown in Exhibit A to Attachment 3 except as modified herein. Such project plans are incorporated by reference. The streetlight design shown on PUD Sheet 13 of 17 is not approved. G:pa98062/Development Plan Revised 8 ORDINANCE NO. - O0 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY LOCATED AT 5374 TASSAJARA ROAD (APN: 986-0002-002-02) TO A PLAIqNED DEVELOPMENT ZONING DISTRICT AND ADOPTING A STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR PHASE 1 AND A STAGE 1 DEVELOPMENT PLAN FOR THE REMAINING PHASES FOR THE GREENBRIAR LAND COMPANY TASSAJARA CREEK (YARRA YARRA RANCH) RESIDENTIAL DEVELOPMENT PROJECT (PA 98-062) WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams (Applicant/Developer), has requested approval of a General Plan/Specific Plan Amendment, Planned Development Rezone (Attachment 3), Stage 1 Development Plan for the entire project, Stage 1 and Stage 2 Development Plan for Phase 1, (Exhibit A to Attachment 3), a Vesting Tentative Map and a Site Development Review (Attachment 4) to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, the Applicant/Developer has submitted a Stage 1 and Stage 2 Development Plan and a Stage I Development Plan as required by Chapter 8.32 of Title 8 of the City of Dublin Municipal Code which meets the requirements of said Chapter; and WHEREAS, the site will be rezoned from the prezoning Planned Development (PA 94-030) to a new Planned Development Zoning District; and WHEREAS, pursuant to the Califomia Environmental Quality Act (CEQA) the City has found, that based on the Eastern Dublin Program EIR and the project MND, the project as proposed, conditioned and mitigated will not have a significant environmental effect (Resolution 00 - ); and WHEREAS, the Planning Commission did hold a properly noticed public hearing on said application on February 22, 2000, and did adopt a Resolution reconunending that the City Council approve the Planned Development Rezoning and a Stage 1 Development Plan for the entire development and a Stage 1 and Stage 2 Development Plan for Phase 1 for PA 98-062; and WHEREAS, properly noticed public hearings were held by the City Council on ........ , and ............ ; and WHEREAS, the Staff Report was submitted recommending that the City Council approve the application; and EXHIBIT B TO ATTACHMENT 3 WHEREAS, the City Council approved the related General Plan Amendment/Specific Plan Amendment, the Mitigated Negative Declaration and Mitigation Monitoring Program on ........... (Resolutions 00 - ,00 - ); and WHEREAS, pursuant to section 8.32.070 and 8.120.050 of the Dublin Municipal Code, the City Council makes the following findings: 1. The proposed Planned Development Zoning District meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a Stage 1 Development Plan for the entire project and a Stage 1 and Stage 2 Development Plan for Phase 1, for the Greenbriar project that will create a desirable use of land and an enviromnent that will be harmonious and compatible with existing and potential development in surrounding areas because the site plan has been designed to be compatible with the proposed and approved plans in the vicinity, including the Tassajara Creek open space area and regional trail and future residential homes approved to the east and south of the project. Adequate setbacks and complementary architectural designs and landscaping proposed in the Stage 1 and Stage 2 Development Plan for Phase 1, have been specially designed to provide an attractive living environment. 2. The project site is physically suitable for type and intensity of this residential project in that it is flat, has adequate access and is of a sufficient size to provide housing as well as open space for the future residents of the project. 3. The proposed Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, have been designed in accordance with the City of Dublin General Plan, Eastern Dublin Specific Plan and Program EIR and Addenda. Additionally, project specific analysis has determined that the project's design is sensitive to biological features on site and to proposed surrounding land uses. 4. The proposed Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, are consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and consistent with, the density range of the Medium Density Residential designation of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), and because it conforms to the elements and policies of those plans through the provision of archaeological and historic protection, erosion and siltation control policies, open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, Housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. WHEREAS, the City Council did hear and use its independent judgment and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1. Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the following property ("the Property") to a Planned Development Zoning District: Approximately 64.35 acres generally located on Yarra Yarra Ranch on the West side of Tassajara Road, north of the Casterson development in the Eastern Dublin Specific Planning area, more specifically described as Assessor's Parcel Number 986-0002-002-02. A map of the Property is outlined below: SECTION 2. The regulations of the use, development, improvement, and maintenance of the Property are set forth in the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phases 1 and 2, (Exhibit A to Attachment 3) which is hereby approved. Any amendments to the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phases 1 and 2, shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. SECTION 3. Except as provided in the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phases 1 and 2, the use, development, improvement and maintenance of the Property shall be governed by the provisions of the Dublin Zoning Ordinance. SECTION 4. This Ordinance shall take effect and be enforced thirty (30) days from and after the date of its passage. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED by the City Council of the City of Dublin this xst day of March, 2000, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Mayor City Clerk g:\PA98062\Ord RESOLUTION NO. 00-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT THE ORDINANCE APPROVING A PLANNED DEVELOPMENT (PD) REZONE, A STAGE 1 DEVELOPMENT PLAN FOR THE ENTIRE PROJECT AND A STAGE 1 AND 2 DEVELOPMENT PLAN FOR PHASE 1 FOR PA 98-062 THE GREENBRIAR LAND COMPANY TASSAJARA CREEK WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams (Applicant/Developer), has requested approval of a General Plan Amendment and Specific Plan Amendment, Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, (Exhibit A to Attachment 3), a Vesting Tentative Map and a Site Development Review to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, Applicant/Developer has submitted a complete application for a Planned Development Rezone which is available and on file in the Planning Department; and WHEREAS, Applicant/Developer has submitted an Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, (Exhibit A to Attachment 3) as shown on Sheets PUD I of 17 (Stage 1 and 2 Development Plan), 2 of 17 (aerial photo), 4 of 17 (Stage 1 Development Plan) and 5 of 17 (amended to be labeled Stage 1 and 2 Site Plan) dated received September 2, 1999, as required by Section 8.32 of the Zoning Ordinance, and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, that based on the Eastern Dublin Program EIR and the project MND, the project as proposed, conditioned and mitigated will not have a significant environmental effect (Resolution 00 - ); and WHEREAS, the Planning Commission held a public hearing on said applications on February 22, 2000; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of the Planned Development Rezone for PA 98-062; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth; and WHEREAS, the Planning Commission recommended City Council approval of the Mitigated Negative Declaration and Mitigation Monitoring Program (Resolution 00 - ) and the related General Plan Amendment and Specific Plan Amendment (Resolution 00 - ). ATTACHMENT 4 NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Planned Development Rezone: 1. The proposed Planned Development Zoning District meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it provides a Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, for the Greenbriar project that will create a desirable use of land and an environment that will be harmonious and compatible with existing and potential development in surrounding areas and because the site plan has been designed to be compatible with other proposed and approved plans in the vicinity, including the Tassajara Creek open space area and regional trail and future residential homes approved to the east and south of the project. Adequate setbacks and complementary architectural designs and landscaping proposed in the Stage 1 and Stage 2 Development Plan for Phase 1 have been specially designed to provide an attractive living environment. 2. The project site is physically suitable for type and intensity of this residential project in that it is flat, has adequate access and is ora sufficient size to provide housing as well as open space for the future residents of the project. 3. The proposed Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, have been designed in accordance with the City of Dublin General Plan, Eastern Dublin Specific Plan and Program EIR and Addenda. Additionally, project specific analysis has determined that the project's design is sensitive to biological features onsite and to proposed surrounding land uses. 4. The proposed Planned Development Rezone, the Stage 1 Development Plan for the entire project and the Stage I and Stage 2 Development Plan for Phase 1, is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and consistent with, the density range of the Medium Density Residential designation of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended), and because it conforms to the elements and policies of those plans through the provision of archaeological and historic protection, erosion and siltation control policies, open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, Housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. 5. The Planned Development Rezone is consistent with Chapter 8.32 in that it the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phase 1, establishes permitted and conditionally permitted uses, accessory uses, and development regulations which will ensure that the project is compatible with existing and proposed residential, business, and public uses in the immediate vicinity; and 6. The Planned Development Rezone will provide efficient use of the land pursuant to the Eastern Dublin Specific Plan that includes the preservation of significant open areas and natural and topographic landscape features along Tassajara Creek with minimum alteration of natural land forms; and 7. The Planned Development Rezone will not overburden public services as all agencies must commit to the availability of public services prior to the issuance of building permits as required by the Eastern Dublin Specific Plan policies and mitigation measures; and 8. The adopted Eastem Dublin Specific Plan Mitigation Monitoring Program along with the Mitigated Negative Declaration and associated Mitigation Monitoring Program will apply to this Project, along with the conditions made a part of project approval, as the reporting and monitoring program required by Public Resources Code Section 21081.6 for the Project. BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving a Planned Development Rezone and the Stage 1 Development Plan for the entire project and the Stage 1 and Stage 2 Development Plan for Phases 1 and 2 (as set forth in Exhibits A and B to Attachment 3), dated received September 2, 1999, for remaining phases for the Greenbriar Land Company Tassajara Creek project (PA 98-062), subject to the sheets in Exhibit A to Attachment 3, which constitutes regulations for the use, improvement, and maintenance of the property. PASSED, APPROVED AND ADOPTED this 22nd day of February, 2000. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Community Development Director g:\98062\PCRESORD RESOLUTION NO. 00-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR THE GREENBRIAR LAND COMPANY TASSAJARA CREEK DEVELOPMENT PA 98-062 (Tract No. 7075) WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams (Applicant/Developer), has requested approval of a General Plan/Specific Plan Amendment and Planned Development Rezone, a Stage 1 and Stage 2 Development Plan for Phase 1 and a Stage 1 Development Plan for the remaining phases, a Vesting Tentative Map and Site Development Review for Phase 1 to allow for the subdivision of a 64.35 acre parcel for a residential subdivision of 445 residential lots, with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and WHEREAS, the Applicant/Developer has submitted a Vesting Tentative Map for Phase 1 (Exhibit A to Attachment 3) labeled PUD Sheet 6 of 17 (Parking Plan), PUD Sheet 7 of 17 (Open Space Ownership and Maintenance Responsibilities), PUD Sheet 8 of 17 (Vesting Tentative Map), PUD Sheets 9 and 10 of 17 (Grading and Utility Plans), PUD Sheets 11 andl2 of 17 (Plan and Profile - Storm Drain Lines A and B), PUD Sheets 14 - 16 of 17 (Landscaping), and PUD Sheet 17 of 17 (Restoration Plan for Tassajara Creek) dated received September 2, 1999, except as modified by any condition of approval; and WHEREAS, the Applicant/Developer has submitted a Site Development Review for Phase 1 (Exhibit A to Attachment 3) labeled PUD Sheet 5 of 17 (Stage 2 Site Plan (for plotting plan purposes)), PUD Sheets 14 - 16 of 17 (Landscaping), dated received September 2, 1999, a color scheme book dated received March 22, 1999, and home architectural plans prepared by Kaufman and Meeks Inc., dated received September 2, 1999, except as modified by any condition of approval; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, that based on the Eastern Dublin Program EIR and the project MND, the project as proposed, conditioned and mitigated will not have a significant environmental effect (Resolution 00 - ); and WHEREAS, the Planning Commission has reviewed the initial study recommended adoption of a Negative Declaration for site-specific impacts from this project (Attachment 1); and WHEREAS, the Planning Coinmission did hold a public hearing on said application on February 22, 2000; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and ATTACHMENT 5 WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Vesting Tentative Map and Site Development Review, subject to conditions; and WHEREAS, a Development Agreement must be requested and approved prior to recordation of Final Subdivision Map for the project as required by the Eastern Dublin Specific Plan; 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 General Plan and Specific Plan consistency: 1. A General Plan / Specific Plan Amendment and a Planned Development Rezone application have been proposed along with the Tentative Map and Site Development Review applications, and are recommended for approval based upon the reasons stated in the Staff Report and Planning Commission Resolution (Attachment 2). Upon City Council approval of such Amendments and Rezone, the land use diagram would be changed for approximately 16.4 acres to reflect the Medium Density Residential land use. 2. With the change to the land use diagram, the proposed project is consistent with the adopted Dublin General Plan and Eastern Dublin Specific Plan. The proposed project is also consistent with the goals, policies, and implementation measures of the Dublin General Plan and Eastern Dublin Specific Plan, and with the Dublin Zoning Ordinance. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Vesting Tentative Map: 1. The Vesting Tentative Map is consistent with the intent of applicable subdivision regulations and related ordinances. 2. The design and improvements of the Vesting Tentative Map are consistent with and conforms to the City's General Plan and Eastern Dublin Specific Plan policies as they apply to the subject property in that it is a subdivision for implementation of a residential project in an area designated for Medium Density Residential development and Stream Corridor/Open Space. 3. The Vesting Tentative Map is consistent with the Planned Development Rezone proposed for this project and is, therefore, consistent with the City of Dublin Zoning Ordinance. 4. The project site is located adjacent to major roads on relatively flat topography and is, therefore, physically suitable for the type and density of development. 5. With the incorporation of mitigation measures from the previous EIR, action programs and policies of the Eastern Dublin Specific Plan, mitigation measures of the Mitigated Negative Declaration and Conditions of Approval, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. 2 6. The design of the subdivision will not conflict with easements acquired by the public at large or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. 7. Required fire and water service will be provided to the subdivision pursuant to the requirements of water and sewer providers, if standards and conditions are met and fees paid. Sewer service for this subdivision shall be provided pursuant to an agreement between the applicant/developer and DSRSD. School capacity for the residents of this project will be provided pursuant to a school facilities mitigation agreement between the developer and the Dublin Unified School District prior to issuance of building permit, as required by the Eastern Dublin Specific PlardEIR. 8. The City of Dublin has considered the effect of this project on the housing needs of the region in which it is situated and finds that the public services are available for the project and that impacts to environmental resources will be mitigated to a level of less than significant pursuant to the Eastern Dublin General Plan and Specific Plan EIR and the Mitigated Negative Declaration for this project. 9. The City of Dublin finds that this project does not discharge waste into an existing community sewer system in violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 of the Water Code because the Dublin San Ramon Services District has provided conditions of approval which assure that its standards will be met. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: 1. The approval of this application (PA 98-062), as conditioned, is consistent with the intent/purpose of Chapter 8.104 (Site Development Review) of the Zoning Ordinance in that it will promote orderly, attractive and harmonious site and structural development, resolves major project- related issues, and ensures compliance with development regulations and the PD Zoning District. 2. The approval of this application, as conditioned, complies with the policies of the General Plan, the Eastern Dublin Specific Plan, and the Planned Development Rezone Development Plan for the project that allows for residential development at this location. 3. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans because road improvements to Tassajara Road will be made and other road and infrastructure improvements will be made pursuant to a Planned Development Development Plan, Tentative Map conditions and a related Development Agreement. 4. 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 and implements the Dublin General Plan and Eastern Dublin Specific Plan. 5. 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 harmonious environment for the development. 6. The subject site is physically suitable to the type and intensity of the approved development because it is relatively flat and has suitable soils. 7. The visual impacts of the project were reviewed in the Eastern Dublin EIR and the project is consistent with applicable scenic corridor policies for Tassajara Road. 8. The project has been designed with architectural considerations (including the character, scale, design quality, and the relationship among buildings), along with Conditions of Approval, in order to ensure compatibility among the design of this project, the character of adjacent uses, and the requirements of public service agencies. 9. Landscape elements (including the location, type, size, color, texture, and coverage of plant materials, provisions, and similar elements) combined with Conditions of Approval have been established to ensure visual relief and an attractive public environment. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Vesting Tentative Map and Site Development Review for PA 98-062 subject to the following Conditions of Approval and subject to the approval of the Mitigated Negative Declaration and Mitigation Monitoring Program and City Council approval of the proposed General Plan Amendment, Specific Plan Amendment, Planned Development Rezone, Stage 1 and 2 Development Plan for Phase 1, Stage 1 Development Plan for the remaining phases, and Development Agreement: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of buildin~ permits or establishment of use, and shall be subject to Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attorney, [B] Building division of the Community Development Department, [DSR] Dublin San Ramon Services District, [FI Alameda County Fire Department/City of Dublin Fire Prevention, [FIN} Finance Department, [PL] Planning division of the Community Development Department, [PO] Police, [PW] Public Works Department. VESTING TENTATIVE MAP NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: GENE~L CONDITIONS 1 Approval. PA 98-062, Greenhriar Land Company PL, PW Approval of N/A Tassajara Creek, Vesting Tentative Map 7075 is any plan approved to subdivide an existing 64.35 acre parcel into individual lots for 126 detached homes, lots for future development and open space, a stream corridor and a regional trail. This approval shall conform generally to the plans, text, and illustrations contained in PUD Sheets 6 through 12 ofl 7, and PUD Sheets 14 through 17 of 17 including the Tassajara Creek Restoration Plan, and all other plans, NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: texts and diagrams submitted as part of the subdivision proposal unless modified by the Conditions of Approval contained herein. 2 Fees. Applicant/Developer shall pay all applicable Various Various times, 31-33, 47, 266 fees in effect at the time of building permit issuance, but no later MM Matrix including, but not limited to, Planning fees, Building than Issuance fees, Dublin San Ramon Services District fees, Public of Building Facilities fees, Dublin Unified School District School Permits Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Building permits issued subsequent to new or revised TIF's shall be subject to recalculation and assessment of the fair share of the new or revised fees. 3 Required Permits. Applicant/Developer shall Various Various times, Standard obtain all necessary permits required by other but no later agencies and shall submit copies of the permits to the than Issuance Department of Public Works. of Building Permits 4 Infrastructure. The location and siting of project PL, PW Approval of 39, 40 specific wastewater, storm drain, recycled water, and Improvement MM Matrix potable water system infrastructure shall be Plans consistent with the resource management policies of the Eastern Dublin Specific Plan. 5 Solid Waste/Recycling. Applicant/Developer shall I ADM On-going 103,279 comply with the City's solid waste management and recycling requirements. 6 Refuse Collection. The refuse collection service PL Occupancy of 279 provider shall provide a letter confirming that any building MM Matrix adequate space is provided to accommodate ! collection and sorting ofpetrucible solid waste as well as source-separated recyclable materials generated by the residents within this project. 7 Water Quality Requirements. All development PL, PW Approval of ESDP EIR shall meet the water quality requirements of the City Final Map MM 3.5/54.0 of Dublin's NPDES permit and the Alameda County & 55.0 Urban Runoff Clean Water Program 8 Removal of Obstructions. Applicant/Developer PW Issuance of Standard shall remove all trees including major root systems Grading Permit and other obstructions from building sites that are necessary for public improvements or for public safety as directed by the Director of Public Works. NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 9 Standard Public Works Conditions of Approval. PW Approval of Standard Applicant/Developer shall comply with all applicable Improvement City of Dublin Public Works Standard Conditions of Plans through Approval (Attachment 19). In the event ora conflict completion between the Public Works Typical Conditions of Approval and these Conditions, these conditions shall prevail. 10 Development Agreement/Expiration. Prior to Final PW, PL On-going Standard/ Map clearance the developer shall apply for and have Municipal approved a Development Agreement pursuant to the Code Eastern Dublin Specific Plan. Thc Tentative Map shall expire at the standard time of two and one-half (2 1/2) years as set forth in thc Dublin Municipal Code and in the regulations of Section 66452.6 of the Subdivision Map Act. In the event of conflict between the terms of the Development Agreement and the Conditions of Approval contained herein, the terms of the Development Agreement shall prevail. 11 Building Codes and Ordinances. All project B Through Standard construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 12 Action Programs/Mitigation Measures. PL Approval of Standard Applicant/Developer shall comply with all applicable Improvement action programs and mitigation measures of the Plans through Eastern Dublin General Plan Amendment/Specific completion Plan and companion Final Environmental Impact Report (EIR) that have not been made specific Conditions of Approval. 13 Ordinances/General Plan/Policies. The Developer PW, PL Issuance of Standard shall comply with, meet, and/or perform all Building requirements of the Subdivision Map Act, City of Permits Dublin Subdivision Ordinance, City of Dublin Zoning Ordinance, the City of Dublin General Plan, the Eastern Dublin Specific Plan, City of Dublin Standard Conditions of Approval, Public Works Policies and City grading ordinance unless certain Public Works requirements are modified by the Director of Public Works. 14 Number not used 103,279 15 Preeonstruetion Survey. Applicant/Developer shall PW, PL Issuance of 217, 222, 223, comply with all Eastern Dublin Specific Plan EIR Grading Permit 224, 229 mitigation measures for mitigating potentially significant plant and animal species impacts. Within 60 days prior to any habitat modification, Applicant/Developer shall submit a preconstrnction survey, prepared by a biologist (to be approved and NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: hired by the City prior to commencemem of the survey.) Said survey shall examine whether any sensitive species exist on or adjacent to the site and, it' any exist, shall include recommended protection plans, including any modifications to site design, for those sensitive species that may be discovered as a result o£ the survey. Applicant/Developer shall be responsible for the cost o£ the survey and staff review of the survey. The significance of any discoveries and adequacy o£ recommended protection measures shall be subject to the discretion of the Director of Community Development. Said protection plans and measures shall occur at least 21 days prior to anticipated habitat modification. Any updated surveys and/or studies that may be completed subsequently shall be submitted to the Department of Community Development. 16 Conditions of Approval. In submitting subsequent B Issuance of PW Standard plans for review and approval, Applicant/Developer Building shall submit six (6) sets of plans to the Engineering Permits. Department for plan check. Each set of plans shall have attached a copy of these Conditions of Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked up to indicate where on the plans and/or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without the annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies. 17 Street Sign/Naming Plan. A street sign/naming PL Approval of Standard plan for the internal street system shall be submitted Improvement and shall be subject to approval of the Community Plans Director. No single street may intersect any other street more than once. No continuous street may change direction by 90 degrees more than once without change a street name change for subsequent changes in direction, unless otherwise approved by the Director of Public Works. NO. CONDITION TEXT RESP. I WHEN APPLICANT AGENCYI REQ'D COMMENTS Prior to: 18 Street Name Sign Content. Street name signs shall PW Issuance of Standard display the name of the street together with a City Grading Permit standard shamrock logo. Posts shall be galvanized steel pipe. 19 1603 Permit. Applicant/Developer shall obtain a PW, PL Final Map 1603 Permit from the State Department of Fish and Game for the outfalls into Tassajara Creek. A copy shall be submitted to the Department of Community Development. RED-LEGGED FROG 20 Outfall areas. Immediately prior to construction PL Prior to RLF MM 1 (within 3 days), the outfall areas will be surveyed construction of thoroughly for Red-legged Frog "RLF" by a qualified the outfalls biologist. Ifa RLF is sighted, all work within 100 feet of the sighting will cease until the biologist verifies that no RLF are present in work areas. At the conclusion of that survey, the construction area will be fenced with erosion control fabric held in place by t- posts and buried 4 inches in the surface to create a barrier to RLF movement into the construction area. The barriers will be inspected daily to ensure they maintain their integrity. Weekly surveys of both the construction and preservation zone will be conducted to more specifically define RLF locations and movement areas and ensure that RLF do not move into the construction zone. 21 Following construction of outfalls. Following PL Following RLF MM 2 construction, the disturbed area around the outfalls wil construction of be revegetated with native species to restore RLF outfalls habitat. Species to be planted include valley oak and coast live oak (Quercus agrifolia) for overstory cover and the native blackberry (Rubus vitifolius), creeping wild rye, and mugwart (Artemesia douglasiana) for understory cover. 22 Tree roots. During construction, all tree roots greater PL During RLF MM 3 than 1 inch in diameter exposed by excavation will be construction cut cleanly at the pit edge and sealed. 23 Ecological monitor. During construction, an PL During RLF MM 4 ecological monitor (EM) shall be on-site twice weekly construction to educate the construction crews as to the importance of the habitat on-site, ensure unintended impact do not occur, and that construction practices minimize temporary construction-related impacts. 24 Fencing of riparian zone. The riparian zone shall be PL During RLF MM 5 fenced at all times during construction with bright construction orange construction fencing. The fencing shall be NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: installed at an off-set 10 feet from the edge of the riparian canopy to ensure no intrusion occurs in these areas. Intrusions into the fenced area will only be allowed for outfall and bridge construction. 25 PL Immediately RLF MM 6 Bridge construction areas. Immediately prior to prior to construction (within 3 days), the bridge construction construction of areas will be surveyed thoroughly for RLF by the EM. bridges If a Red-legged Frog is sighted, all work within 100 feet of the sighting will cease until the biologist verifies that no RLF are present in the work area. Individuals surveying for frogs will meet the requirements contained in RLF MM1. The construction area will then be hand cleared and a further survey made. At the conclusion of that survey, the construction area will be fenced with erosion control fabric held in place by t-posts and buried 4 inches in the surface to create a barrier to RLF movement into the construction area. The barriers will be inspected dally to ensure they maintain their integrity. Weekly surveys of both the construction and preservation zone shall also be conducted to more specifically define RLF locations and movement areas and ensure that RLF do not move into the construction zone. 26 Revegetation. Following construction, the areas PL Following RLF MM 7 around the bridges will be revegetated with native construction of species to restore riparian habitat. Species to be bridges planted include valley oaks, coast live oaks, cottonwoods and red willows for overstory cover and the native blackberry, creeping wild rye, and Santa Barbara Sedge for understory cover. 27 Slope protection area. Immediately prior to PL Immediately RLF MM 10 construction (within 3 days), the slope protection area prior to will be surveyed thoroughly for RLF by the EM. Ifa construction of Red-legged Frog is sighted, all work within 100 feet ol the slope the sighting will cease until the biologist verifies that protection area no RLF are present in the work area. Individuals surveying for frogs will meet the requirements contained in RLF MM1. The construction area will than be hand cleared and a further survey made. At the conclusion of that survey, the construction area will be fenced with erosion control fabric held in place by t-posts and buried 4 inches in the surface to create a barrier to RLF movement into the construction area. The barrier will be inspected daily to ensure it NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: maintains its integrity. Weekly surveys of both the construction and preservation zone shall be conducted to more specifically define RLF locations and movement areas and ensure that RLF do not move into the construction zone. Dedications and Improvements 28 Public Service Easement Dedications. PW Approval of Standard Applicant/Developer shall dedicate 10' wide Public Final Map Service Easements adjacent to the right of way on both sides of all streets, except that the width may be reduced to 5' on the private streets and courts. Applicant/Developer shall dedicate a minimum 10 foot wide Public Service Easement over joint utility trench lines and storm drain lines to the satisfaction of the Director of Public Works in all public streets. Applicant/Developer shall also provide Public Utility Easements per tentative map or requirements of the Director of Public Works and/or public utility companies in private streets and other areas as necessary to serve this area with utility services and allow for vehicular and utility service access. 29 Public Storm Drain Easement Dedication over PW Approval of PW Parcel "C". Applicant/Developer shall dedicate a Final Map 10' wide (or additional width as determined to be necessary by the Director of Public Works) Public Storm Drain Easement over the storm drain line and outfall in Parcel "C". 30 Dedication and Improvement of Emergency PW, PO Approval of PW Vehicle Access Easement between Court "J" and Final Map/ Street "E". Applicant/Developer shall dedicate and Approval of improve an emergency vehicular access easement Improvement that will allow a vehicle to traverse between Court Plans/ "J" and Street "E" as shown on the Vesting Tentative Completion of Map for Tract No. 7075, dated September 2, 1999. Improvements The access shall be approved by the Director of Public Works. The emergency vehicle driveway may be combined with the pedestrian walkway and be constructed ofturfstone in order to maximize room available for landscaping. 31 Dedication and Improvement of Emergency PW, PO Approval of PW Vehicle Access Easement between Street "D" and Final Map/ Street "B". Applicant/Developer shall dedicate and Approval of improve a temporary 20' wide emergency vehicular Improvement access easement that will allow a vehicle to traverse Plans/ between Street "D" and Street "B' as shown on the Completion of Vesting Tentative Map for Tract No. 7075, dated Improvements 10 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: September 2, 1999. The access shall be approved by the Director of Public Works. Removable bollards may be installed to prevent use of the easement by the public. This EVA shall be in place until such time as 'B' Street is extended to connect with 'D' Street. 32 Dedication and Improvement of Fire/Emergency PW, F Approval of Standard Access. Applicant/Developer shall provide adequate Improvement access and turn-around for fire and other emergency Plans vehicles (42-foot minimum radii) per Alameda County Fire Department (ACFD) standard requirements in all public streets. Internal private streets and drive aisles shall be designed for fire and other emergency vehicles to conveniently pass through (20 foot minimum lane width) and have access to all buildings. 33 Abandonment of Easements and Right of Ways. PW Approval of PW Applicant/Developer or current landowner shall Final Map obtain an abandonment from all applicable public agencies of existing easements and right of ways not ! to be continued in use to the satisfaction of the Director of Public Works. 34 Location of Improvements/Configuration of Right PW Approval of PW of Way. All public sidewalks, handicap romps, or Improvement other street improvements in the curb return area Plans shall be located within the public right of way. The location of improvements and configuration of right of way shall be approved by the Director of Public Works prior to construction. 35 Improvement and Dedication of Creek View PW Recordation of PW Drive. Applicant/Developer shall dedicate to the Final Map and City of Dublin the road labeled as Creek View Drive Approval of for public street purposes (varying width, up to 56' Improvement wide, right of way) and shall improve the street to a Plans width of 40' curb to curb, as shown on the Vesting Tentative Map for Tract No. 7075, dated September 2, 1999. 36 Improvement and Dedication of Regional Trail. PW Recordation of PW Applicant/Developer shall dedicate a trail easement Final Map and in favor of the East Bay Regional Park District Approval of (EBRPD) over the easterly edge of Parcel C and Lot Improvement 131. A 12' wide meandering path is required to be Plans constructed on the west side of Creek View Drive within Parcel "C" as shown on the Vesting Tentative Map for Tract No. 7075, dated September 2, 1999. The final trail design shall be subject to the approval 11 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: of thc City of Dublin, Zone 7, and thc East Bay Regional Park District. The trail shall include a drainage swale along the easterly side of the trail and drainage pipe and outfalls to creek to thc satisfaction of the Director of Public Works and Zone 7. The Trail across lot 131 will not be constructed until parcel 130 develops or until EBRPD requests permission from current property owner. Trail grading shall be minimized within the drip line of oak trees that are to remain with development of the project. If the East Bay Regional Parks District does not accept the trail, it will be owned and maintained by the Maintenance Association. 37 Improvement and Dedication of Street "D". PW Recordation of PW Applicant/Developer shall dedicate to the City of Final Map and Dublin the street labeled as Street "D" (or Approval of alternatively approved street name) for public street Improvement purposes (varying width, up to 60' wide, right of Plans way) and shall improve the street to the satisfaction of the Director of Public Works, as shown on the Vesting Tentative Map for Tract No. 7075, dated September 2, 1999. A 5' wide sidewalk is required to be constructed on both sides of the road. 38 Improvement and Dedication of Court "A". PW Recordation of PW Applicant/Developer shall dedicate to the City of Final Map and Dublin the road labeled as Court "A" (or alternatively Approval of approved street name) for public street purposes (49' Improvement cul-de-sac bulb ROW radii and 50' wide straight Plans right of way) and shall improve the streets to a width of 36' curb to curb and 42' curb radii (increased from the 38' shown on the tentative map), as shown on the Vesting Tentative Map for Tract No. 7075, dated September 2, 1999. A 5' wide sidewalk is required to be constructed on both sides of the road. 39 Improvement and Dedication of Street "E". PW Recordation of PW Applicant/Developer shall dedicate to the City of Final Map and Dublin the road labeled as Street "E" (or alternatively Approval of approved street name) for public street purposes (50' Improvement wide right of way) and shall improve the street to a Plans width of 36' curb to curb, as shown on the Vesting Tentative map for Tract No. 7075 dated September 2, 1999. A 5' wide sidewalk is required to be constructed on both sides of the road. A street knuckle shall be provided at each of the curves (at Lot 38 and at Lot 47). Street E shall be realigned at the northerly intersection with Creek View Drive (at 12 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: Parcel J) to intersect Creek View Drive at a right angle. 40 Improvement and Dedication of Tassajara Road. PW Recordation of PW Applicant/Developer shall dedicate to the City of Final Map and Dublin the parcels labeled as Tassajara Road (Parcels Approval of A, G, H and I) for public street purposes (varying Improvement width right of way as determined by the Director of Plans Public Works) and shall improve the street to the satisfaction of the Director of Public Works, as shown on the Vesting Tentative map for Tract No. 7075 dated September 2, 1999. Improvements shall be limited to the Parcel A frontage and an interim southbound right turn lane with the development of Lots 1-126. Improvements along Parcels G, H shall be installed with the development of Lots 127 and 128. Improvements along Parcel I shall be installed with the development of lot 129. 41 Improvement and Dedication of Courts "B", "C", PW Recordation of PW "D", "E", "F", "G", "H", "I", "J", "K" and "L". Final Map and Applicant/Developer shall dedicate to the Approval of Homeowners Association the parcels labeled as Improvement Courts "B", "C", "D", "E", "F", "G", "H", 'T', "J", Plans "K" and "L" (or alternatively approved street name) for private street purposes (26' wide right of way) and shall improve the street to a width of 25' wide curb to curb, as shown on the Vesting Tentative Map for Tract No. 7075 dated September 2, 1999. The streets shall be posted for no parking. 42 Improvement and Dedication of Street "A". PW Recordation of PW Applicant/Developer shall dedicate to the Final Map and Homeowners Association, the parcel labeled as Street Approval of "A" (or alternatively approved street name) for Improvement private street purposes (varying widths up to 63' Plans wide right of way) and shall improve the street to the satisfaction of the Director of Public Works, as shown on the Vesting Tentative Map for Tract No. 7075 dated September 2, 1999. A 4.5' wide sidewalk is required to be constructed on both sides of the road. 43 Improvement and Dedication of Street "B". PW Recordation of PW Applicant/Developer shall dedicate to the Final Map and Homeowners Association, the parcel labeled as Street Approval of "B" (or alternatively approved street name) for Improvement private street purposes (varying widths up to 40' Plans wide right of way) and shall improve the street to a width of 30' curb-to-curb to the satisfaction of the 13 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: Director of Public Works, as shown on the Vesting Tentative Map for Tract No. 7075 dated September 2, 1999. A 4.5' wide sidewalk is required to be constructed on thc easterly side of the road. 44 Improvement and Dedication of Street"C". PW Recordation of PW Applicant/Developer shall dedicate to the Final Map and Homeowners Association, the parcel labeled as Street Approval of "C' (or alternatively approved street name) for Improvement private street purposes (40' wide right of way) and Plans shall improve the street to a width of 30'curb-to-curb to the satisfaction of the Director of Public Works, as shown on the Vesting Tentative Map for Tract No. 7075 dated September 2, 1999. A 4.5' wide sidewalk is required to be constructed on the southerly side of the road. 45 Parcel J and Parcel K Bridge Construction. The PW Recordation of PW bridge abutments for future bridge construction Final Map for crossing Tassajara Creek on Parcels J and K shall be Lot 130 and/or located to minimize impacts to the 100-year Approval of floodplain. Adequate freeboard in conformance with Improvement Zone 7 requirements shall be provided between the Plans for lot 100-year water surface and the low chord of the 130 bridge and/or any utilities. This shall be confirmed during final design. 46 Parcel C Maintenance Road Improvements.. The PW Recordation of PW developer shall obtain an easement in favor of Zone 7 Final Map over the existing regional trail located on Parcel A of and/or the southern (Casterson) property owner, for Approval of maintenance access to the creek from Creek View Improvement Drive to northerly property line. The City shall assist Plans the Developer in obtaining such easement. If the Developer is not successful in obtaining this easement, the Applicant/Developer shall construct a turnaround for the creek maintenance road/multi-use trail at the south end of the subdivision, adjacent to Lot 8 or provide a connection from the south end of the trail through Lot 8 to Creek View Drive to the satisfaction of the Director of Public Works and Zone 7. 47 Lot 15 Rear Property Line Setback. Lot 15 shall be PW Recordation of PW revised to locate the rear property line at minimum of Final Map 22' away from the 72" oak tree located in Parcel C, and/or or a greater distance as needed to locate the property Approval of line outside the drip line of the oak tree, as defined by Improvement the Director of Public Works. Plans 14 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 48 Lots 130 and 131 Open Space Easement. An open PW Recordation of PW space easement over the Tassajara Creek setback area Final Map shall be dedicated over Lots 130 and 131. Thc area and/or encompassed by the open space easement shall bc Approval of dedicated in fee to Zone 7, and improved as required Improvement by Zone 7, upon development of these lots. Plans 49 Regional Trail Easement. In conjunction with the PW Recordation of PW first final map, a trail easement shall be dedicated Final Map over Lot 131, contiguous with the open space and/or easement. The East Bay Regional Park District and Approval of the City shall have the right to improve at its expense Improvement and operate a public trail over this easement at its Plans discretion. The Applicant/Developer or Maintenance Association shall be responsible for the improvement of the trail upon the construction of a residence on Lot 131. 50 Private Water System Improvements Within PW Recordation of PW Creek Corridor. The Applicant/Developer shall Final Map obtain Zone 7 approval for construction and and/or operation of any private water system improvements Approval of connecting the existing well on Parcel C to Lots 129 Improvement and 131. Plans 51 Parkland Dedication - The developer shall be PL Addressed in 11, 13, 97 required to pay a Public Facilities Fee in the amounts Development and at the times set forth in City of Dublin Resolution Agreement No. 32-96, adopted by the City Council on March 26, 1996, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. No credit against the dedication requirement shall be given for open space within this project. 52 Trail improvements. The regional trail shall be PL, PW, Acceptance of 64, 102 constructed to the East Bay Regional Parks District EBRPD, improvements and Zone 7 Standards, including a 12' wide paved ZONE 7 trail with one 4' gravel shoulder and one 2' gravel shoulder, fencing, bollards, and/or gates for unauthorized vehicle control. Modifications to reduce the trail width may be considered by the City if necessary to preserve mature Oak trees on site. Safe road crossings from the future development to the trail shall be provided all appropriate intersections. This all weather surface shall be provided and maintained on a continuous basis for vehicular access to the open space and trail system, to the satisfaction of the Fire Chief, Public Works Director, Community Development Director, and 15 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: Zone 7. 53 Trails/Access. The regional trail, pedestrian PL, PW, Final Map 64, 102 pathways, access roads, bicycle lanes and access EBRPD, points shall be provided as illustrated in the Stage 1 ZONE 7 and Stage 2 Development Plan, Site Plan, Vesting Tentative Map and Trails Plan approved with this project. 54 Design. Design details of trail, pedestrian pathways, PL, PW, Approval of 64, 102 access roads, bicycle lanes and access points are EBRPD, Improvement subject to the review and approval of City Police, ZONE 7 Plans Fire, Parks & Community Services, Planning, and Public Works Departments, Zone 7, and if applicable, EBRPD. 55 Trail construction. Trail construction shall be PL, PW, Approval of 64, 102 coordinated with any restoration work required under EBRPD, Improvement the Stream Corridor Restoration Program. Developer- ZONE 7 Plans provided bond or other financial security mechanism may be required. 56 Stream Restoration Plan. This project is subject to PL, PW, Acceptance of 41,200, 201, the Eastern Dublin Comprehensive Stream EBRPD, improvements 204, 210, 213, Restoration Program. The Tassajara Creek ZONE 7 224 Subdivision Tassajara Creek Restoration Plan prepared by Zentner and Zentner dated April 28, 1999, and as represented on sheet PUD 17 of 17 dated received September 2, 1999, shall be implemented to the satisfaction of the City of Dublin. Creek restoration work (e.g.: removal of exotic plantings, supplemental native plants, etc.) shall be determined prior to construction by a biologist retained by the City and shall meet the requirements of the Eastern Dublin General Plan and Specific Plan EIR and the Mitigated Negative Declaration for this project. Restoration work shall be completed according to the timeframe contained in the Restoration Program. 57 Open Space Easements. All open space areas PL, PW Final Map Specific Plan shown on the Tentative Map shall be protected by Program 6C open space easements, restricting the open space areas to permanent open space and shall be consistent with the Planned Development Development Plan.. 58 Modifications to creek. Any proposed PW, PL Approval of 41,200, 201, modifications or alterations to Tassajara Creek shall Improvement 210 be approved by the City of Dublin and any required Plans permitting agencies, and shall be consistent with the policies of Eastern Dublin Specific Plan and EIR, the Mitigated Negative Declaration for this project, the 16 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: Eastern Dublin Comprehensive Stream Restoration Program, and the Master Drainage Plan. Any flood control improvements shall be completed prior to occupancy of thc homes. 59 Decorative Paving. Applicant/Developer shall not PW Approval of Standard construct decorative pavement within City right-of- Improvement way unless approved by the Director of Public Plans Works. The type of decorative pavers and pavement section shall be subject to review and approval of the Director of Public Works. Decorative pavement across entrances to all private streets shall be constructed to thc satisfaction of the Director of Public Works. 60 Decorative Paving Plan. Where decorative paving PW, ADM Approval of 17 is installed in public streets, a Decorative Paving Plan Improvement MM Matrix shall be prepared to the satisfaction of the Director of Plans Public Works and shall be maintained by the Home owners association. Pre-formed traffic signal loops shall be used under the decorative paving, and sleeves shall be used under decorative pavement to accommodate future utility conditions. Where possible, irrigation laterals shall not be placed under thc decorative paving. Maintenance costs of the decorative paving shall be included in a homeowner's association or other funding mechanism acceptable to the Director of Public Works. 61 ADA Requirements/Handicap Ramps. All PW Completion of Standard handicap ramps shall comply with all current State Improvements ADA requirements and City of Dublin Standards. 62 Storm Drain Connections. Applicant/Developer PW Approval of PW shall not be permitted to make a direct connection of Improvement private storm drains into the stream/open space Plans corridors. 63 Storm Drain Improvements. All storm drain PW Approval of PW improvements and mitigation measures identified in Improvement the Updated Creek Study and/or specified by the Plans Director of Public Works shall become requirements of this subdivision. 64 Lot Drainage on Courts B-L. Lots on the private PW ! Approval of PW courts shall be graded to allow an overland release Improvement route from the rear yards to the courts in the event Plans that the drain lines fail to function. Minimum pipe size shall be 8". The drain lines shall be maintained by the homeowner's association, not individual property owners. I7 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 65 Overland Release for Cluster Residential PW Approval of PW Drainage. The profile of Street C shall be designed to Improvement provide an overland release route between Street B Plans and Street E for drainage from the cluster residential area in the event of failure of the closed storm drain system. 66 Parcel C Storm Drain Outfall Structure. The PW Approval of PW 36"storm drain outfall structure on Parcel C shall be Improvement designed to extend the sheetpiling in front of the Plans structure to an adequate depth and width so that the structure is independent of any support provided by the stream bank below the structure, and will remain stable in the event of stream bank erosion or collapse. The Applicant/Developer shall submit plans and structural calculations demonstrating the above for review by the City and Zone 7 prior to approval of improvement plans. Final design of the outfall shall be as approved by the Director of Public Works and Zone 7. The Applicant/Developer shall post a five- year performance surety, acceptable to the City and Zone 7, in an amount at least equal to the cost of replacing the structure in the event of collapse. 67 Utilities Phasing. The construction of the utilities PW Occupancy of PW shall conform to the phasing of construction and any building access shown on the Master Utility Map and Phasing Plan or as directed by the Director of Public Works. 68 Streetlights. Streetlights on arterial streets adjacent PW Approval of PW to the project shall be the City Standard cobra head Improvement luminaries with galvanized poles. A street lighting Plans plan, which demonstrates compliance with this condition, shall be submitted prior to recordation of the Final Map and shall be subject to review and approval by the Director of Public Works. The type of residential streetlights used shall be acceptable to the Director of Public Works. Streetlights on streets within the project shall be either the City Standard cobra head luminaries with galvanized poles or the streetlight approved for Dublin Ranch by the City of Dublin. The streetlight design shown on PUD Sheet 13 of 17 is not approved. 69 Overhead Utility Line. All existing overhead utility PW Occupancy of PW pole lines within the subdivision and/or along the Any Building Tassajara Road frontage shall be placed underground. 18 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 70 Stream/Open Space Corridor Dedication and PW Approval of MM 214 Improvement. Applicant/Developer shall dedicate to Improvement Zone 7 and improve the stream/open space corridor Plans/ Parcel "C' to provide adequate hydraulic capacity, Construction provide erosion control and provide landscaping of including a multi-use trail, to the satisfaction of the Improvements Director of Public Works. Dedication to Zone 7 shall prior to be in fee; a public drainage easement shall be Occupancy of dedicated to the City of Dublin over the storm drain Any Building outfall. Applicant/Developer shall design and construct all storm drain channel improvements to consist of natural creek bottoms and side slopes with natural vegetation where possible to the satisfaction of the Director of Public Works. Applicant/Developer shall install the landscape improvements for the stream/open space parcel concurrently with the adjacent residential parcels. The Applicant/Developer shall install stream bank protection as required by the Director of Public Works and Zone 7. An interim slope easement shall be dedicated over Parcel D to allow repair of sheetpiling or other stream bank protection measures. Final stream bank stabilization design shall be subject to review and approval by the Director of Public Works, Zone 7, and the State Department of Fish and Game (as necessary). 71 Graded Slopes/Erosion Control. All landscaped PW Acceptance of MM Matrix and graded slopes in open space areas shall be Improvements 3.7/3.0 hydroseeded and treated with erosion control measures immediately upon completion to prevent soil erosion. The hydroseed mix shall be subject to approval by the Director of Public Works. 72 [Offsite]Traffic Signals. Applicant/Developer is PW Prior to Traffic Study responsible for installation, modification, or payment Occupancy of pro rata share of signalization at the following intersections to the satisfaction of the Director of Public Works: a. Tassajara Road/South Dublin Ranch Drive/Street A b. Tassajara Road/North Dublin Ranch Drive/Street D 73 At the Tassaj ara Road/South Dublin Ranch Drive/ Prior to Traffic Study Street A intersection, the Applicant shall be Occupancy responsible for the conversion of the three-way traffic signal (to be installed by Shea Homes) to a four-way traffic signal. Cost of the conversion shall be borne by the Applicant/Developer. The Applicant/ 19 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: Developer shall be responsible £or installation of a four-way signal if the three-way signal has not been installed by Shea Homes at the time occupancy is requested for the first unit. At the Tassajara Road/North Dublin Drive/Street D imersection, the Applicant/Developer shall be responsible for the installation of a four-way traffic signal. The Applicant/Developer shall be responsible for 50% of the cost of the signal, with the remaining 50% to be provided by Shea Homes. The cost of both signals shall be the responsibility of Applicant/Developer and/or Shea Homes, with no TIF credits given for the signals listed above. 74 Creek View Drive/Street D Intersection. PW Occupancy of PW Applicant/Developer shall install all-way STOP signs Any Building at the intersection of Creek View Drive and Street D. 75 Street E/Court A/Creek View Drive Intersection. PW Occupancy of PW Applicant/Developer shall install a STOP sign at the Any Building approach on Street E and Court A at Creek View Drive. 76 Street E/Parcel J/Creek View Drive Intersection. PW Occupancy of PW Applicant/Developer shall install a STOP SIGN at Any Building the approach on Street E and Parcel J at Creek View Drive 77 Street B/Street A Intersection. Applicant/ PW Occupancy of PW Developer shall install a stop sign at the approaches Any Building on Street B to Street A. 78 No Parking Areas along Creek View Drive. PW Occupancy of PW Applicant/Developer shall designate no parking areas Any Building along Creek View Drive at both intersections with Street E, as needed to provide adequate sight distance at the intersection. The criteria used to determine sight distance shall conform to the Caltrans Highway Design Manual and shall be approved by the Director of Public Works. 79 No Parking at Intersections. No parking areas (red PW Approval of PW curb) shall be provided at all intersections. The Improvement restricted area, measured from the curb return, shall Plans be 20' on the approach leg and 10' on the departure leg of all intersections. 80 Cluster Residential Guest Parking. The cluster PW Recordation of PW residential area shall be redesigned to provide an Final Map additional four guest parking spaces at the terminus and/or Improv. of Street C, adjacent to the rear yard of Lot 1. Plans 20 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 81 Tassajara Road/1-580 Interchange Improvement PW Recordation of PW Cost Contribution. Applicant/Developer shall pay a Final Map pro-rata share of the design and construction cost of interchange improvements at the Tassajara Road/1- 580 interchange, as determined by the Director of Public Works. Developer shall receive credit towards the subdivision Traffic Impact Fees (TIF) for such contribution to interchange improvements in accordance to the City TIF credit policies. 82 Graded Slopes/Erosion Control. All landscaped PW Acceptance of MM Matrix and graded slopes in open space areas shall be Improvements 3.7/3.0 hydroseeded and treated with erosion control measures immediately upon completion to prevent soil erosion. The hydroseed mix shall be subject to approval by the Director of Public Works. 83 Stop Signs. The following mitigation measures PW Issuance of PW outlined in the Traffic Report prepared by TJKM Grading Permit dated January 4, 1999, shall be improved to the satisfaction of the Director of Public Works. a. The house and/or garage on Lot 81 shall be relocated so that its driveway is not part of the comer curb return on Street 'C'. b. A STOP sign should be installed on court 'L' at the intersection of Street ' C'. c. Street 'C' should be stop-signed controlled at Street 'B'. d. Courts B,C, D, E, F, H, I and L should be stop- sign controlled at Street 'B'. e. The four perpendicular stalls in each private Court shall be unassigned and available to residents and visitors alike. 84 Oak Tree Protection. Improvement plans and PW Issuance of PW grading plans shall reflect those improvements and Grading Permit protective measures required to protect the oak trees adjacent to lots 15, 18, 23 and 24 and other trees to be protected as recommended by the revised HortScience report dated October 1998. 85 Landscaping and Street Trees. The PL, PW Completion of ' PW Applicant/Developer shall construct all landscaping Improvements within the site, along the project frontage of Tassajarra Road (from the face of curb to the site right-of-way), and all street trees proposed within the public service easements, to the design and specifications City of Dublin, and to the satisfaction 21 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: of the Director of Public Works and Director of Community Development and in substantial compliance with Development Plan landscaping plans. Street tree varieties of a minimum 15-gallon size shall be planted along all street frontages and shall be shown on the Landscaping plans. Exact tree locations and varieties shall be reviewed and approved by the Director of Public Works. The proposed variety of trees to be planted adjacent to sidewalks or curbs shall be submitted for review to and approval by the Director of Public Works. Root shields shall be required unless otherwise determined by the Director of Public Works and the Director of Community Development. 86 Landscaping in Parks, Open Spaces and Stream PW, PL Occupancy of PW Corridor Parcels. The landscape improvements for Any Building street right of way, open spaces and stream corridor parcels shall be installed by Applicant/Developer concurrently with the development of the adjacent residential parcel unless otherwise specified by Zone 7 or Development Agreement. All landscaping in street right of way, open spaces or creeks shall be maintained by the subdivision homeowner's association or maintenance association. Restoration/establishment plans and monitoring programs are required for all stream corridors and open space areas that are proposed to be planted with trees and shrubs and shall be approved by the Director of Public Works, the Community Development Director, and Zone 7. All landscaping within parcels to be dedicated to Zone 7 shall be designed to survive without irrigation after the establishment period. The Applicant/Developer shall post a security to cover the cost of removing the irrigation system after plant establishment. 87 Open Space Management Program. An Open PL, PW Program Standard Space Management Program shall be submitted for approved prior approval by the Community Development to Approval of Department. The Management Program for Open Final Map/ Space areas shall be in addition to any Fire Buffer CC&R's Zone and shall address noxious weed control and fire submitted prior control. Standards to ensure the healthy establishment to Recordation and survival of all Open Space plantings shall be of Final Map designated in the Open Space Management Program and approved and shall be subject to review and approval by the prior to City at Applicant/Developer's expense. The program Occupancy of 22 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: shall include provisions £or mowing and removal of Any cut plant materials, debris, and other miscellaneous Residential trash items. The requirements of this program shall Unit be included in the Homeowners Association CC&R's and shall be subject to review and approval by the Community Development Director and Public Works Director. Any necessary restoration of Open Space plantings shall be the responsibility o£the Homeowners Association, and shall be completed according to the time frame contained within the Management Program. If the Open Space plantings are not maintained according to the standards established by the Management Program, the City will have the right, but not the obligation, to take corrective measures and to bill the Homeowners Association £or the cost of such maintenance and corrective measures plus the City overhead costs. 88 Landscape Maintenance and Easement PL, PW Approval of Standard/PW Dedication. Applicant/Developer shall maintain Final Map/ landscaping after City-approved installation until the Completion o£ appropriate homeowners association or maintenance Improvements association is established and assumes the maintenance responsibilities. This maintenance shall include weeding and the application o£ pre-emergent chemicals. Landscape maintenance easements shall be granted for all landscaped areas occurring on private, individual homeowner lots that are to be maintained by the Homeowners Association or Maintenance Association. 89 Landscaping at Aisle Intersections. Landscaping at PL, PW Completion of Standard aisle intersections shall be such that sight distance is Improvements not obstructed. Except for trees, landscaping shall i not be higher than 30 inches above the curb in these areas. 90 Landscape plantings. Establishment and PW, PL Acceptance of 41,200, 201, Maintenance of required and/or optional landscape improvements 210 plantings shall be the responsibility of the developer. A bond or other assurance may be required to ensure survival of plantings. Utilities 91 Utilities Service Report and Plan. PW, PL Approval of 110 Applicant/Developer shall submit a utilities service Improvement report and plan to the satisfaction of the Public Plans Works Director and Community Development Director along with documentation that domestic fresh water, electricity, gas, telephone, and cable 23 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: television service can be provided to each residence within the project and when such service will be available. 92 Joint Utility Trenches/Undergrounding/Utility PW Occupancy o£ Standard Plans. Applicant/Developer shall construct all joint affected units utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the Director of Public Works and any applicable agency. All conduit shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the Director of Public Works. Location of these items shall be shown on the Final Landscaping and Irrigation Plan. DUBLIN SAN ~ON SERVICES DISTRICT (DSRSD) 93 DSRSD Conditions. All in-tract potable and DSR DSRSD recycled water and wastewater pipelines and £acilities 1/14/99 shall be constructed by the Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements. Applicant/Developer shall comply with all conditions of the DSRSD (letter dated January 14, 1999, including: 94 General Conditions a. Complete improvement plans shall be submitted to DSRSD Issuance of DSRSD that conform to the requirements of the DSRSD Code, the Building 1/14/99 DSRSD "Standard Procedures, Specifications and Drawings Permits for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and policies, and all Recycled Water Design and Construction Standards. b. All mains shall be sized to provide sufficient capacity to Issuance of DSRSD accommodate future flow demands in addition to each Building 1/14/99 development project's demand. Layout and sizing of mains Permits shall be in conformance with DSRSD utility master planning. 24 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: c. Sewers shall be designed to operate by gravity flow to Approval of 118 DSRSD's existing sanitary sewer system. Pumping of Improvement MM Matrix sewage is discouraged and may only be allowed under Plans DSRSD extreme circumstances following a case by case review with 1/14/99 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 value 20-year maintenance costs as well as other conditions within a separate agreement with Applicant/Developer for any project that requires a pumping station. d. Domestic and fire protection waterline systems for Approval of DSRSD residential tracts or commercial developments shall be Improvement 1/14/99 designed to be looped or interconnected to avoid dead-end Plans sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practices. e. DSRSD policy requires public water and sewer lines to be Approval of DSRSD located in public streets rather than in off-street locations to Improvement 1/14/99 the fullest extent possible. If unavoidable, public sewer or Plans ~ 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. f. The locations and widths of all proposed easement Issuance of DSRSD dedications for water and sewer lines shall be submitted to Grading Permit 1/14/99 and approved by DSRSD. g. All easement dedications for DSRSD facilities shall be by Approval of DSRSD separate instrument irrevocably offered to DSRSD or by Final Map 1/14/99 offer of dedication on the Final Map. h. The Final Map shall be submitted to and approved by Approval of DSRSD DSRSD for easement locations, widths, and restrictions. Final Map 1/14/99 i. All utility connection fees, plan-checking fees, inspection Issuance of DSRSD fees, permit fees, and fees associated with a wastewater Building 1/14/99 discharge permit shall be paid to DSRSD in accordance with Permits the rates and schedules established in the DSRSD Code. 25 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: j. All improvement plans for DSRSD facilities shall be signed Issuance of DSRSD by the District Engineer. Each drawing of improvement Building 1/14/99 plans shall contain a signature block for the District Engineer Permits indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, Applicant/Developer 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. Applicant/Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. k. No sewer line or water line construction shall be permitted Issuance of DSRSD unless the proper utility construction permit has been issued Building 1/14/99 by DSRSD. A construction permit will only be issued after Permits and all all of the DSRSD conditions herein have been satisfied. DSRSD requirements 1. The Applicant/Developer shall hold DSRSD, its Board of On-going DSRSD Directors, commissions, employees, and agents of DSRSD 1/14/99 harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. m. The project lies within the area annexed to the District in Issuance of DSRSD 1995 as DSRSD Annexation 94-1. All properties within this Building 1/14/99 annexation are subject to District conditions that restrict the Permits availability of services. All parcels which seek service with the District within this area are also subject to a Condition of Annexation requiring an Areawide Facility Agreement which regulates the mariner and timing of services by the District. n. The project is located within the District Recycled Water Completion of DSRSD Use Zone #1 (Ord. 276), which calls for installation of Improvements 1/14/99 recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Major recycled water facilities are described in the DSRSD Eastern Dublin Facilities Plan Update, dune 1997. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. Irrigation water services as necessary for this development shall connect to any off site extension and stub out to the property line adjacent to the irrigation service tap, to allow for conversion when recycled water is available. Improvement plans shall include required recycled water improvements. 26 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: o. The parcel proposed for development has been excluded Final Map DSRSD from the Water Service Area of the District by special 1/14/99 condition imposed at the time of annexation to the District. Removal of this condition and instatement into the Water Service Area of the District requires independent action by the DSRSD Board of Directors. The subdividing area shall be included within the Water Service Area of the District prior to approval by the City for recordation of the final map. 95 Construction by Applicant/Developer. All in-tract DSR, PW Completion of Standard potable and recycled water and wastewater pipelines Improvements and facilities shall be constructed by the Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements. 96 Responsibilities for Subdivider. DSR, PW Approval of Standard Applicant/Developer shall comply with all Improvement implementation "responsibilities for subdivider" as Plans outlined in Tables 9.1 and 9.2 of the "Wastewater Service Matrix of Implementation Responsibilities" and Table 3 "Storm Drainage Matrix Implementation Responsibilities of the Eastern Dublin Specific Plan dated January 7, 1994 for water systems incorporated herein by reference and the Water Efficient Landscape Regulations (Chapter 8.88). LAVTA 97 LAVTA. Applicant/Developer shall cooperate with PW Approval of PW the LAVTA to provide convenient access to public Final Map and transit, to enhance local and regional mobility and Improvement integration of LAVTA with other public transit Plans systems, and to locate bus alignments, turnouts, service stops, bus shelters and other transit amenities. The cost of procuring and installing the necessary improvements to meet the requirements listed above shall be paid by Applicant/Developer. Applicant/Developer shall comply with all applicable requirements of LAVTA. 98 Bus Pullout. The Developer shall provide a buss LAVTA Occupancy of LAVTA pullout on the West side of Tassajara Road along the the first unit straight portion of the sidewalk opposite lots 109 and 110 that may encroach into the Tassajara Road landscape buffer. The Developer shall install a concrete pad, passenger bus shelter and trash receptacle to the satisfaction of LAVTA. 99 Bus Stop. The Developer shall provide a bus stop on LAVTA Occupancy of LAVTA the West side of Creek View Drive at the location of the first unit parking space 15 as shown on PUD Sheet 6 of 17. 27 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: The Developer shall install a concrete pad, pole, and stencil to the satisfaction of LAVTA. ZONE 7 100 Wells. Zone 7 has one well of record located in the Zone 7 Issuance of Zone 7 letter proximity of the subject site: 2S/IE 33E I. Known Grading dated 12/29/98 water wells filed with Zone 7 and without a Permits documented intent of future use are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7 and the Alameda County Department of Environmental Services. Other wells encountered prior to or during construction are to be treated similarly. 101 Salt Mitigation. Recycled water projects must meet Zone 7, On-going 141 MM any applicable salt mitigation requirements of Zone PW Matrix 7. 102 Requirements and Fees. Applicant/Developer shall Zone 7, Issuance of Standard comply with all Alameda County Flood Control and PW Building Water Conservation District-Zone 7 Flood Control Permits requirements and applicable fees. 103 Tassajara Creek. The subject property is located on Zone 7 Ongoing Zone 7 Tassajara Creek (Line K). This portion of Tassajara Creek is included in Zone 7's "Project 1" Area, therefore, Zone 7 cannot reimburse for any channel improvements but can take ownership if improvements are made to Zone 7 satisfaction. The District generally prefers to accept ownership and maintenance responsibility of an entire channel, but since this project is being done in stages, the District will accept the eastern portion only. 104 Tassajara Creek. If the intent is to use the access Zone 7 Ongmng road on the easterly side of the proposed project as a multi-use trail as indicated on the Restoration Plan, the City of Dublin must institute a joint use agreement with Zone 7 for such usage. The locations, spacing and irrigation of the proposed new valley oaks and native shrub clusters will be subject to further Zone 7 review and the terms and conditions of the joint use agreement. 105 Improvements. All improvements shall be to the Zone 7 Prior to satisfaction of Zone 7. construction EMERGENCY SERVICES AL.a2vlEDA COUNTY FIR~ DEPARTMENT (ACFD) 106 Fire hydrants. Thc Developer shall provide DSRSD F Building UFC 1994, Sec standard steamer type ( 1-4-1/2" and 1-2-1/2" outlet) permit 903.2 fire hydrant(s). Bollards shall be provided for the 28 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: protection of fire hydrants subject to vehicle damage at the request of the ACFD. 107 Fire hydrant location markers. The Developer F Building UFC 1994, Sec shall identify the fire hydrant locations by installing permit 901.4.3c reflective "blue dot" markers adjacent to the hydrant 6 inches off center from the middle of the street. 108 Fire apparatus roadways. Fire apparatus roadways F Occupancy UFC 1994. Sec shall extend to within 150 feet of the most remote 902.2.2.1 first floor exterior wall of any building. Fire apparatus roadways shall have a minimum unobstructed width of 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Roadways less than 36 feet wide shall be posted with signs and shall have red curbs painted with labels on one side. Roadways less than 28 feet side shall be posed with signs and shall have red curbs painted with labels on both sides of the street. The labels shall read as follows: "NO STOPPING FIRE LANE CVC 22500.1" 109 Weight. Fire apparatus roadways must be capable of F Improvement UFC 1994. Sec supporting the imposed weight of fire apparatus and plans 902.2.2.2 must e provided with an all-weather driving surface. Only paved surfaces are considered to be all-weather driving surfaces. 110 Turnarounds. The Developer shall make provisions F Improvement UFC 1994. Sec so that fire apparatus roads in excess of 150 feet in plans 902.2.2.3 length have approved apparatus tumarounds. 111 Fire access prior to vertical construction or F Building UFC 1994 combustible storage on site. Fire access roadways Permit. and water supply must be in place prior to vertical construction or combustible storage on site. A plan showing the access and water supply shall be submitted and approved by the Fire Prevention Bureau prior to issuance of a building permit. 112 Weed abatement program. The Developer shall F Building UFC 1994. Sec provide a weed abatement program before, during permit 1103.2.4 and after construction for vegetation within 100 feet from combustible construction and 30 feet from the street and property lines. 113 Wildland or open space interfaces. If Development F Grading permit 1991 SFPA interfaces with wildland or open space areas, a Std. 299 separate landscape plan for vegetation fuel modification and/or buffer zone(s) featuring fire resistive and drought tolerant varieties is required to be submitted and approved by the ACFD, City of Dublin, Fire Prevention Division, prior to issuance of 29 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: grading and building permits. The zone(s) shall be shown/designated as separate lettered lots. The plan shall include dedicated easements £or emergency and maintenance access to these zones. The maintenance, in perpetuity, for the zones and emergency/maintenance access ways shall be assigned to a homeowner's association or other approved agent. These responsibilities shall be disclosed to property owner(s) by way o£ deed restrictions and/or covenants, conditions and restrictions. 114 Fire flow and hydrant location. The Fire F Improvement Prevention Bureau shall approve minimum fire flow plans and fire hydrant location. 115 Mowing of weeds. The Developer or a lighting and F Ongmng landscape maintenance district and/or maintenance association shall ensure that weeds and grassy areas adjacent open space areas (with the exception o£the creek) are mowed every 6 months. 116 Live load standards. The Developer shall provide F Improvement ACFD an engineering document disclosing that live load plans standards, standards have been met on access road bridges 1994, UFC (minimum 40,000-pound live load standard). Signs 902.2.2.5 shall be posted at bridge entrances stating maximum live load. 117 Street Names. All new street names and addressing F Final Map UFC 1994, Sec shall be submitted for approval to the Administrative 901.4 Mapping Division o£the ACFD, City o£ Dublin, Fire Prevention Division and the Alameda County Planning Department. 118 Gates. All gates across Fire Department access ways F Building UFC 1994. Sec shall have a minimum 12-foot clear, unobstructed Permits 902.2.4 & linear width and a clear vertical height of 13 feet 6 902.2.2.1 inches. All locking devises shall provide for Fire Department emergency access. All gate plans shall be approved by the Fire Prevention Bureau prior to construction. 119 ACFD Rules, Regulations and Standards. F Issuance of 74 Applicant/Developer shall comply with all Alameda Building County Fire Services (ACFD) rules, regulations and Permits standards, including minimum standards for emergency access roads and payment of applicable fees, including a City of Dublin Fire Capital Impact Fee. 30 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 120 Wildfire Management Plan. Thc applicant shall PL, F Final Map 17, 75 and 77 comply with thc City's Wildfire Managemcm Plan for covering long-term maintenance of the urban/open-space interface. The Plan requirements shall be incorporated into thc CC&R's for the project. If a Wildfire Management Plan has not been adopted prior to approving the CC&R's for thc project, the applicant shall provide a project specific wildfire management plan and shall submit this plan prior to recordation of the Final Map. 121 Driveways. A driveway access serving one F Improvement UFC 1994. Sec dwelling/structure shall have a minimum 12 foot plans 902. unobstructed linear width providing all portions of the first floor are within 150 feet of the required standard 20-foot wide minimum access road. A driveway serving two dwelling/structures shall have a minimum 12 foot unobstructed linear width. All driveway accesses shall meet Fire Department standards for distance, weight loads, turn radius, grades and vertical distance requirements. Approved turnarounds shall be required for distances over 150 feet from approved access roads. Other mitigation shall/may be required in addition to those listed. 122 Minimum number of access roads. The minimum F Occupancy UFC 1994. Sec number of access roads serving rcsidcmial 902.2.1 developments shall be based on the number of dwelling units served and shall be as follows: a. 1-25 units, one public access road. b. 26-74 units, one public access road and one emergency vehicle access road c. 75 plus units, at least two public access roads. 123 Secondary Emergency Vehicle Access Route. In PW, F Approval of PW accordance with the ACFD requirements, for all Improvement phases of development in excess of 25 lots, Plans Applicant/Developer shall provide secondary emergency vehicle access routes into all proposed residential developments. In all phases of development in excess of 75 lots, Applicant/Developer shall provide a second street access into all proposed residential developments. Applicant/Developer shall demonstrate how emergency access requirements shall be achieved on the Improvement Plans to the satisfaction of the City and the ACFD. 31 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 124 Address numbers. Approved address numbers shall F Occupancy UFC 1994. Sec be placed on all new and existing buildings. The 901.4.4 address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background. POLICE 125 Residential Security. The project shall comply with PL, B Occupancy of Standard the City of Dublin Residential Security Requirements Units and the Conditions of Approval for the Vesting Tentative Map. 126 Landscaping. Landscaping shall be of the type and PL, B Occupancy of Standard situated in locations to maximize observation of Units properties while providing the desired degree of aesthetics. Security planting materials are encouraged along fence and property lines adjacent to open space areas. Landscaping to the rear of back yard fences on lots abutting the regional trail shall have barrier foliage installed. 127 Fencing. Fencing of the rear of units along the PL, B Occupancy of Standard regional trail shall be as approved by the Dublin Units Police Services. 128 Alarm systems. Residences not having front door PL, B Occupancy of Standard entries visible from the street shall have prewired Units alarm systems. 129 Gate locking/latching devises. Side gate PL, B Occupancy of Standard locking/latching devises shall be mounted on the Units inside of the gate at a height that makes it inaccessible by reaching over the gate. 130 Graffiti. The Developer and/or property owner shall PL, B Occupancy of Standard keep perimeter walls clear of graffiti vandalism on a Units regular and continuous basis at all times. Graffiti- resistant materials and foliage should be used. 131 Perimeter fencing height. Perimeter fencing for the PL, B Occupancy of Standard project shall be a minimum height of 6 feet. Units 132 Business Site Emergency Response Card. A PL, B Occupancy of Standard Business Site Emergency Response Card shall be Units filed with the Police Department commencing with the initial phases of construction. Current information shall be maintained until the completion of the project 133 Projected Timeline. Developer shall submit a PO Issuance of 66, 69, 70 projected timeline for project completion to the Building Dublin Police Services Department, to allow Permits estimation of staffing requirements and assignments. 32 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: HAZARDOUS MATERIALS 134 Asbestos. PL, PW Prior to ProTech report a. All regulated asbestos containing material renovation or dated 8/28/97 (RACM) shall be removed prior to the renovation demolition of or demolition of structures on the property that structures could impact or disturb RACM. Any asbestos- containing material (ACM) that is friable, or may become damaged or friable during repairs, renovation, or demolition shall be removed prior to those destructive activities. b. Prior to removal of ACM an asbestos abatement/specification shall be prepared which Prior to sets forth the guidelines for proper and cost removal of effective removal of ACM. The project ACM specification shall outline the performance parameters for hazard remediation work standards, contamination control, health and safety, contractor qualifications, regulatory compliance, clearance and release criteria, and other requirements specific to this project. c. The design/specification shall be prepared by a qualified firm and shall be to the satisfaction of the Director of Public Works. ' Prior to removal of d. Only qualified asbestos abatement contractors ACM licensed by the Sate of California and registered with the Department of Occupational Safety and Health shall remove ACM. Ongoing e. The Applicant shall obtain an EPA generator identification number if greater than 50 pounds of friable/hazardous ACM will be removed and disposed of. The number can be obtained by calling (916) 324-1781. Ongoing f. An on-site monitor qualified as in "d" above shall observe the removal of ACM by the contractor to ensure compliance with accepted industry standard practices and regulatory standards. During ACM removal g. A final visual inspection and clearance air monitoring shall be performed by a firm qualified as in "d" above to certify that industry clearance standards are met prior to general re-entry of the 33 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: asbestos abatement work area. The inspection Prior to re- and clearance shall be reviewed and approved by entry of the the Director of Public Works. asbestos abatement area 135 Lead. Lead paint was found on the project site PL ProTech report containing lead at or above the "action level" of 0.5% dated 8/29/97 by weight or 5,000 mg/kg. a. The Applicant shall disseminate a copy of the Prior to ProTech Lead Survey and Evaluation report dated contractor August 29, 1997, as well as any other lead-related bidding on information to all prospective contractors bidding work on work at the subject site. b. Contractors shall employ HUD developed; lead safe work practices if lead coated surfaces are to Ongoing be impacted or disturbed. These would include methods for controlling lead dust; properly controlling, collecting and disposing of lead waste; worker training, monitoring, and protection; and environmental monitoring. e. The Applicant shall establish baseline soil and dust levels at the project site. Contractors performing work at the site shall be required to Prior to leave the site "clean" relative to pre-existing grading permit conditions as established by baseline sampling. STOPdVl WATER /POLLUTION 136 Best Management Practices. Applicant/Developer PW Issuance of 8, 169, 171 shall demonstrate to the Director of Public Works Building that the project development meets the requirements Permits of the City of Dublin's "Best Management Practices" to mitigate storm water pollution. 137 Covenants, Conditions and Restrictions (CC&Rs). PL Issuance of 17, 75 and 77 The Developer shall submit the project/homeowners Building association CC&Rs for review and approval by the Permit Director of Public Works and the Director of Community Development prior to approval of the Final Subdivision Map, and shall be finalized to the satisfaction of the City Community Development Director & Director of Public Works prior to issuance of the first building permit. The CC&Rs shall address maintenance of private streets, open 34 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: space, including fire buffer zones; wildfire management plans; stream corridor (for both slope maintenance and flood control); community and neighborhood entries; landscaping, parkway areas, monumentation, lighting, signage, walls, and fences, street trees, street signs, walks, and street furniture. The Declaration will specify that, as it pertains to the maintenance of the site improvements described by the Development Agreement, it cannot be amended without the consent of the City. The CC&Rs shall ensure that: a. A Homeowners Association is established for lots 49 through 126, complete with Bylaws, that will monitor and provide oversight to the ownership and maintenance of private streets, private drainage, street lights on private streets, decorative paving on private streets. A separate maintenance or homeowners association made up of all property owners in Phase 1 shall be established for maintenance of Tassajara Road landscaping that will also monitor and maintain creek setback landscaping, regional trail, urban/open space interface and common areas as described above and elsewhere in these Conditions relating to project improvements and obligations. In the event that any area falls into a state of disrepair, the City will have the right but not thc obligation to take corrective measures and bill the appropriate homeowner and/or the homeowners association for the cost of such repair and corrective maintenance work plus City overhead. These requirements shall be included in the project CC&Rs. b. There is adequate provision for the maintenance, in good repair and on a regular basis, of all commonly owned facilities, property and landscaping, including but not limited to private open space areas, lighting, landscape and irrigation facilities, fencing, and drainage and erosion control improvements. c. The parking of recreational vehicles between a building and a public street and along a public street shall not occur. Recreational Vehicles are defined as a motorhome, travel trailer, utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab, camping trailer, or tent trailer, with or without motive power. d. The landscaping and irrigation on individual parcels developed with a single- family unit shall be maintained and kept in good order by the resident and/or owner of each residence. e Private streets shall be posted in accordance with California Vehicle Code P, F Section 22658, Sections 1 and 2. Fire lanes shall also be posted in accordance with California Vehicle Code Section 22500.1. AFFO~ABLE HOUSING AGREEMENT 138 Affordable Housing Agreement. An Affordable PL Final Map Standard Housing Agreement shall be entered into by the Developer and the City of Dublin as required by Section 8.68 o£the Dublin Municipal Code. 35 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 139 Soundwalls. The Developer shall construct six-foot PL Occupancy of 261 tall sound attenuation barriers along Tassajara Road the first unit as recommended in the Noise Study prepared by Charles Salter Associates, dated December 29, 1998. 140 Sound Barriers and Mitigation Measures. All PL, PW Approval of Standard sound barriers and mitigation measures included in Improvement the noise study prepared for this project and shall be Plans/Issuance incorporated into the improvement plans. Berm/ of Building soundwall combinations shall be used for required Permits sound barriers along Tassajara Road to reduce the apparent height of the walls. The berm and soundwall shall be designed and improved to the satisfaction of the Director of Public Works and the Director of Community Development. 141 Sound-rated windows. The Developer shall install PL Occupancy of 261 sound-rated windows with a Sound Transmission the first unit Class (STC) rating of at least 29 for the second floor facades of homes on Lots 93, 94, 95, 101,102, 103, 108, 109, 110, 115,116, 117, 122, 123 and 124 having a line-of-sight to the Tassajara Road travel lanes over the noise barrier. The Developer shall also provide sound-rated windows with an STC rating of at least 26 for the second floor facades of homes on the aforementioned lots facing away from Tassajara Road. The Developer shall also provide STC 26 rated windows for the second floors of homes on Lots 92, 98, 100, 107, 114 and 121. 142 Mechanical ventilation. An alternative source of PL Occupancy of 261 ventilation (i.e., mechanical) shall be required for the the first unit homes listed in the condition above if necessary to satisfy Title 24 of the California Code of Regulations. This requirement shall also apply to homes on Lots 96,99, 104, 111,118 and 125. 143 Construction Noise Management PL and/or Issuance of 263,264, 269, Program/Construction Impact Reduction Plan. PW Grading Permit 270 Applicant/Developer shall conform to the following Construction Noise Management Program/Construction Impact Reduction Plan. Construction shall be conducted so as to minimize the impacts of the construction on the existing community and on the occupants of the new homes as they are completed. 36 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: 144 Construction Noise Management Program/Construction Impact Reduction Issuance of Plan. The following measures shall be taken to reduce construction impacts: Grading Permit 1. Off-site truck traffic shall be routed as directly as practical to and from the freeway 0-580) to the job site. Primary route shall be from 1-580 along Tassajara Road. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. 2. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where feasible. 3. Construction equipment shall not be left idling while not in use. 4. All construction equipment shall be fitted with noise muffling devises. 5. Erosion control measures shall be implemented during wet weather to assure that sedimentation and erosion do not occur. 6. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. 7. Excavation haul trucks shall use tarpaulins or other effective covers. 8. Prior to the acceptance of improvements a 3-foot high two-rail fence shall be constructed along Tassajara Creek between the regional trail and the riparian corridor. 9. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. 10. Houses will be constructed in phases such that most of the construction traffic can be routed into the subdivision without traveling in front of existing homes that are occupied. 11. Construction of the Tassajara Road widening will be performed such that a minimum of disruption of traffic flow will occur. 12. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: A. Inactive portions of the construction site should be seeded and watered until grass growth is evident. B. Require that all portions of the site be sufficiently watered to prevent 37 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: excessive amoums o£dust. C. On-site vehicle speed shall be limited to 15 mph. D. Use of petroleum-based palliatives shall meet thc road oil requirements of the Air Quality District. Non-petroleum based tackifiers may bc required by the Director of Public Works. E. The Department of Public Works shall handle all dust complaints. Thc Director of Public Works may require the services o£ an air quality consultant to advise the City on the severity of the dust problem and additional ways to mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the Director of Public Works. 13. Construction interference with regional non-project traffic shall be minimized by: A. Scheduling receipt of construction materials to non-peak travel pariods. B. Routing construction traffic through areas of least impact sensitivity. C. Routing construction traffic to minimize construction interference with regional non-project traffic movement. D. Limiting lane closures and detours to off-peak travel periods. E. Providing ride-share incentives for contractor and subcontractor personnel. 14. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. OTHER CONDITIONS 145 Postal Service. Applicant/Developer shall confer PL, PW Approval of Standard with local postal authorities to determine the type of Final Map mail units required and provide a letter from the Postal Service stating its satisfaction with the units proposed. Specific locations for such units shall be subject to approval and satisfaction of the Postal Service and the Director of Community Development and Director of Public Works. A plan showing the locations of all mailboxes shall be submitted for review and approval by the Director of Public Works. 146 Dust Control/Cleanup. Applicant/Developer shall PW On-going 267 ensure that areas undergoing grading and all other construction activity are watered or other dust control measures are used to prevent dust problems as conditions warrant or as directed by the Director of Public Works. Further, Applicant/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 38 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: as determined by the Director of Public Works. 147 Fencing. A detailed fencing/wall plan for the 6-foot PW, PL Approval of 261 sound attenuation walls along Tassajara Road shall Improvement be submitted with the improvement plans for the first Plans phase of development. The design, height, and location of the fences/walls shall be subject to approval of the Director of Community Development. Wall sections shall be separated by pilasters. 148 Hours of operation. Construction and grading PL On-going PW Standard 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 work on Saturday and hours beyond the above mentioned days and hours with the understanding that the developer is responsible for the additional cost of the Public Works inspectors' overtime. 149 Archaeology - Should any prehistoric or historic PL, PW, B Final 251 - 253 artifacts be exposed during excavation and Inspection of construction operations, the Department of Grading Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. 150 Stationary Source Emissions. Applicant/Developer PL Issuance of 269, 278 shall ensure that stationary source emissions Grading Permit associated with project development are minimized. The requirements of Mitigation Measure 3.11/12.0 of the Eastern Dublin EIR shall be accomplished by the following requirements: A. The houses shall be designed to meet or exceed the requirements of Title 24 of the California Code of Regulations (energy efficiency requirements). By meeting or exceeding these requirements, the houses will require less energy to heat and cool, thereby reducing the emissions created in the production of 39 NO. CONDITION TEXT RESP. WHEN APPLICANT AGENCY REQ'D COMMENTS Prior to: electric power and created by burning natural gas. B. The subdivision will utilize curbside recycling, which will reduce the amount of solid wastes from the subdivision, which would be deposited at a landfill site, thereby minimizing the amount of nitrous oxide emissions from the landfill. C. During rough grading construction the construction site will be regularly watered to contain dust, and after construction the front yards and street landscaping will be installed, thereby minimizing the amount of air pollution caused by airborne dust from the site. 151 Rodenticides and Herbicides. The use of PL Issuance of 221 rodenticides and herbicides within the project area Grading Permit shall be performed in cooperation with and under the supervision of the Alameda County Department of Agriculture and will be restricted, to the satisfaction of the Director of Community Development, to reduce potential impacts to wildlife. 152 School Mitigation Agreement. The Developer shall PL Building Standard enter into a School Mitigation Agreement with the Permit Dublin Unified School District. 153 Hold Harmless. The Applicant/Developer shall hold PL, PW Ongoing Standard the City harmless for all costs and expenses, including attorney's fees, incurred by the City or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with respect to the Applicant/Developer's project. 154 State Permits. The Applicant/Developer shall PL, PW Prior to Standard receive a 1603 permit and any other necessary construction of permits from the State Department of Fish and Game any outfalls prior to construction of any outfalls 155 Federal and State Permits.. The Applicant PL, PW Prior to any Standard Developer shall receive all necessary permits from grading of the the U.S. Fish and Wildlife Service or State project site. Department of Fish and Game prior to any grading of the project site. 156 Kit Foxes. Should any Kit Foxes be discovered on PL, PW Issuance of 219 the site either during the Preconstruction Survey or Grading Permit during project construction, the Applicant/Developer shall be responsible for complying with the Kit Fox Protection Plan. 40 41 SITE DEVELOPMENT REVIEW CONDITIONS NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 1 Approval. This Site Development Review approval PL On-going Standard for Phase 1 of the Greenbriar Land Company Tassajara Creek project, PA 98-062 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform to PUD Sheet 5 of 17, PUD Sheets 14 of 17 through 16 ofl 7 and Architectural Plans prepared by Kaufman Meeks Inc. for single family homes dated received September 2, 1999, the Tassajara Creek color schemes book dated received March 22, 1999, on file in the Department of Community Development, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. 2 Standard Conditions. The project shall comply PL, B Through Standard with the City of Dublin Site Development Review Completion Standard Conditions. 3 House Numbers List. Applicant/Developer shall PL Issuance of COA submit a house numbers list corresponding lots Building shown on the Tentative Map. Said list is subject to Permits approval of the Director of Community Development. 4 Term. Approval of the Site Development Review PL Approval of Standard shall be valid for one year from approval by the Improvement Planning Commission. If construction has not Plans commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) 5 Revocation. The SDR will be revocable for cause in PL On-going Municipal accordance with Section 8.96.020.I of the Dublin Code Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. 42 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 6 Air Conditioning Units - Air conditioning units and B, PL Occupancy of COA ventilation ducts shall be screened from public view Unit with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non- movable materials to be 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 less than 36 inches. 7 Automatic Garage Door Openers - Automatic B, PL Occupancy of COA garage door openers shall be provided for all Unit dwelling units and shall be of a roll-up type. Garage doors shall not intrude into the public right-of-way. 8 Interior walls and Fences. All walls and fences PL Occupancy of COA shall conform to Section 8.72.080 o£the Zoning Unit Ordinance unless otherwise required by this resolution. Construction/installation of common/shared fences or walls for all side and rear yards shall be the responsibility of Applicant/Developer. Construction shall consist of solid wood fences and masonry walls as shown on preliminary landscape plan. 9 Perimeter walls and Fences. All perimeter walls PW Approval of COA and fences shall comply with the requirements from Improvement the Tentative Map Conditions of approval. Design of Plans the masonry soundwall along Tassajara Road shall reflect the design concept shown on Sheet PUD 16 of 17. Installation shall be to the satisfaction of the City of Dubtin. The wall shall be constructed to ensure its long term utility and appearance. 10 Wall or Fence Heights. All wall or fence heights PW Approval of shall be 6 feet high (except in those locations where Improvement Section 8.72.080 of the Zoning Ordinance requires Plans lower fence heights and where an 8-foot sound attenuation wall is required) as shown on PUD Sheet 15 of 17. All walls and fences shall be designed to ensure clear vision at all street intersections to the satisfaction of the Director of Public Works. 11 Level area on both sides of fence. Fencing placed PW, PL Issuance of at the top of banks/slopes shall be provided with a Grading minimum one-foot level area on both sides in order to Permits facilitate maintenance by the property owners. 43 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 12 Parking. Applicant/Developer shall provide parking PL Completion of Standard as required by revised PUD Sheet 6 of 17 and the Improvemems provisions approved with the PD Rezone Development Plan (Exhibit A), dated November 12, 1999. 13 Recreational Vehicle Parking. Recreation vehicle On-going ~ Municipal (as defined in the Dublin Zoning Ordinance) parking Code shall be prohibited on public streets. Signs shall be posted to that effect. 14 Residential Security. The project shall comply with PL, 13 Occupancy of Standard the City of Dublin Residential Security Requirements Units and the Conditions of Approval for the Vesting Tentative Map. 15 Final Landscaping and Irrigation Plan. PL, PW Issuance of COA Applicant/Developer shall submit a Final Building Landscaping and Irrigation Plan, conforming to the Permits requirements of Section 8.72.030 of the Zoning Ordinance (unless otherwise modified by Conditions of this Resolution), stamped and approved by the Director of Public Works and the Director of Community Development. Alameda County Fire Department approval is also required where this project is adjacent to wildfire areas. That plan should generally conform to the Preliminary Landscape Plans dated received September 2, 1999. Plans must reflect any project design revisions approved for subsequent Site Plans, Vesting Tentative Map or stream restoration program. 16 Final Landscape Plan Review. The plant palette PL Issuance of COA varieties shall be shall be subject to review and Building approval of the Director of Community Development Permits and reviewed by the City's Landscape Architect to determine compatibility with reclaimed water use, where appropriate. An irrigation plan shall be submitted with Final Landscape Plans indicating that the system is designed for reclaimed water, where required by DSRSD. 17 Landscaping required. All front yards and common PL Within 90 days COA areas shall be landscaped by the builder or of Occupancy homeowner within 90 days of occupancy of each unit, unless prohibited by seasonal/weather problems.. 44 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 18 Street Trees. Street tree varieties of a minimum 15- PL, PW Issuance of PW Standard gallon size shall be planted along all street frontages Building as shown on the Landscape Plan. Exact tree Permits locations and varieties shall be reviewed and approved by the Director of Community Development. Trees planted within, or adjacent to, sidewalks or curbs shall be submitted to the Department of Community Development for review and approval by the Director of Community Development and the Director of Public Works to determine the need for root shields. 19 Fire-resistant or drought tolerant plant varieties. PL, F Issuance of COA Fire-resistant or drought tolerant plant varieties shall Building be required in the plant palette. Permits 20 Monument Signs. Design of any monument signs PL, PW Completion of COA within the development shall be approved by the Improvements Director of Community Development to assure compatibility with design elements of the project and by the Director of Public Works to assure unobstructed traffic visibility. 21 Bacldlow Devises. Backflow devises shall be hidden PL Issuance of Standard from view by means of fencing, enclosures, Grading landscaping and/or berms. Permits 22 Water Efficient Landscape Regulations. PL, PW, Approval of Standard Applicant/Developer shall ensure that the Final DSR Final Landscaping and Irrigation Plan conforms to the Landscape City's Water Efficient Landscape Regulations, Plans including dual piping to facilitate future recycled water. 23 Health, Design and Safety Standards. Prior to final PW, PL Occupancy of Standard approval allowing occupancy of any new home, the Unit physical condition of the subdivision and the lot where the home is located shall meet minimum health, design, and safety standards including, but not limited to the following: a. The streets providing access to the home shall PL Occupancy of Standard be complete to allow for safe traffic movements Unit to and from the home. b. All traffic striping and control signing on streets PW Occupancy of Standard providing access to the home shall be in place. Unit c. All street name signs on streets providing PL Occupancy of Standard access to the homes shall be in place. Unit d. All streettights on streets providing access to PW Occupancy of Standard the homes shall be energized and functioning. Unit 45 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: e. All repairs to the street, curb, gutter, and PW Occupancy of Standard sidewalk that may create a hazard shall be Unit required or any non-hazardous repairs shall be complete and bonded for. £. The homes shall have a backlighted illuminated PL Occupancy of Standard house number. Unit g. The lot shall be finish graded, and final grading B Occupancy of Standard inspection shall have been approved by the Unit Building Department. h. All sewer clean-outs, water meter boxes, and PW Occupancy o£ Standard other utility boxes shall be set to grade to the Unit approval of the Director of Public Works. i. The homes shall have received all necessary B Occupancy of Standard inspections and have final approval by the Unit Building Department to allow occupancy. j. All fire hydrants in streets providing access to F Occupancy of Standard the homes shall be operable to City and ACFD Unit standards. k. All streets providing access to the homes shall PW, F Occupancy of Standard be improved to an adequate width and manner Unit to allow for fire engine circulation to the approval of the Director of Public Works and ACFD. 1. All mailbox units shall be at the back of the PL Occupancy of Standard curb/sidewalk as appropriate. The developer Unit shall submit a mailbox design and location plan to indicate where mailboxes and associated lighting will be accommodated. The Postmaster shall be consulted for design criteria. Amhitectural enhancements should be provided to community mailboxes where visible from the project streets. m. Exterior lighting shall be provided for dwelling PL Occupancy of Standard entrances and shall be of a design and Unit placement so as not to cause glare onto adjoining properties. n. Lighting used after daylight hours shall be PL, PO, B Occupancy of Standard adequate to provide for security needs. Unit (Photometrics and lighting plans for the site shall be submitted to the Department of Community Development and Dublin Police Services for review and approval prior to the issuance of building permits). 46 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 24 Glare/Reflective Finishes - The use of reflective PL Issuance of MM finishes on building exteriors is prohibited. In order Building to control the effects of glare within this subdivision, Permits reflective glass shall not be used on all east-facing windows along Tassajara Road. Phased Occupancy Plan 25 Phased Occupancy Plan. If occupancy is requested PL, B Prior to to occur in phases, then all physical improvements Occupancy for within each phase shall be required to be completed any affected prior to occupancy of units within that phase except unit. for items specifically excluded in an approved Phased Occupancy Plan, or minor hand work items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director of Community Development for 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 lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably 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. 26 Acknowledgment. Applicant/Developer shall obtain PL, ADM, Sale of any a written acknowledgment (secured from the B unit within a individual property owner) acknowledging the phase continuance of construction activity within the unoccupied phases of the project. The written acknowledgment shall include a statement that the property owner has reviewed and understands the following: a. Phased Occupancy Plan. b. The proximity to the County Sheriff training facilities and associated noise from the bomb detonation facility, firing ranges and emergency vehicle training. c. Restrictions for parking on streets within the subdivision. No Parking areas, as established 47 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ~D Prior to: with the improvement plans, towing, and other traffic safety regulations shall be described. Additional parking restrictions (e.g.: red curb areas) may be applied in the future if traffic safety or circulation problems arise. d. Special standards for this development regarding yard setbacks for accessory structures. Said acknowledgments are subject to City Attorney review and approval. Applicant/Developer shall keep a copy of said written acknowledgment on file and shall submit the original signed acknowledgment to the Department of Community Development within three (3) days upon request of the Director of Community Development. If Applicant/Developer fails to comply, the Director of Community Development may require the submittal of the written acknowledgment prior to release of occupancy of any future units and/or future phases. I 27 Plot Plan. A plot plan for each single family PL Issuance of Standard COA residential lot shall be submitted and approved by the Building Director of Community Development before Permits approval of building permits for the respective lot. Said plot plan shall include pad elevations, unit number and type, dwelling unit outline, air conditioning units, setbacks, lot drainage, and street utility locations. 28 Plotting Plans - Plotting Plans for each phase of the PL Issuance of Standard COA project shall be submitted by the Developer to the Building Department of Community Development for Permits approval by the Director of Community Development prior to submitting for building permits in each respective phasd. ARCHITECTURE 29 Residential Units shall comply with the architectural drawings submitted by Kaufman and Meeks Inc. dated received October 26, 1999, and shall generally conform to the colors and materials book dated received March 22, 1999, on file in the City of Dublin Department of Community Development. MISCELLANEOUS CONDITIONS 30 Development Agreement. Approval of this Site PL Recording of Standard Development Review is subject to Development Applicant/Developer securing approval from the City Agreement Council of a Development Agreement as required by 48 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: the Eastern Dublin Specific Plan. 31 Infrastructure Sequencing Program. The PW, PL Recording of 29 Development Agreement shall include an Final Map MM Matrix infrastructure sequencing program and shall be recorded. 32 Fees. Applicant/Developer shall pay all applicable PW, PL Finaling 31-33, 47, 266 fees in effect at the time of building permit issuance, Building MM Matrix including, but not limited to, Planning fees, Building Permits fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, Alameda County Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Un-issued building permits subsequent to new or revised TIF's shall be subject to recalculation and assessment of the fair share of the new or revised fees. 33 Parkland Dedication - The developer shall be PL Addressed in 13 required to pay a Public Facilities Fee in the amounts Development MM Matrix/ and at the times set forth in City of Dublin Resolution Agreement Parks letter No. 32-96, adopted by the City Council on March 26, dated 2/26/98 1996, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. No credit against the dedication requirement shall be given for open space within this project. 34 Soundwalls. The Developer shall construct six-foot PL Occupancy of 261 tall sound attenuation barriers along Tassajara Road the first unit as recommended in the Noise Study prepared by Charles Salter Associates, dated December 29, 1998. 35 Compliance With Requirements. F, PW, Approval of Standard Applicant.~Developer shall comply with all applicable PO, Zone Improvement requirements of the Alameda County Fire 7, DSR, Plans Department, Public Works Department, Dublin PL Police Service, Alameda County Flood Control District Zone 7, and Dublin San Ramon Services District. 36 Building Permits. To apply for building permits, B Issuance of Standard ApplicanffDeveloper shall submit six (6) sets of Building construction plans to the Building Department for Permits 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 49 NO. CONDITION TEXT RESPON. WHEN SOURCE AGENCY REQ'D Prior to: 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 participating non-City agencies prior to issuance of building permits. PASSED, APPROVED AND ADOPTED this 22nd day of February, 2000. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Community Development Director g:98062\pctmsdrreso 50