HomeMy WebLinkAbout00-009 BlckMntnDvlpmnt12-12-2000AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: December 12, 2000
SUBJECT: PUBLIC HEARING: PA 00-009, Black Mountain Development Site
Development Review for seven single-family residences on existing lots on
Brittany Lane
(Report Prepazed by: Dennis Carrington, Senior Planner/Zoning
Lases-ham e P*,7a- #~ Administrator)
ATTACHMENTS: is 1. Project plans
6~ 2. Resolution of Approval
9 s 3. Horticultural report dated July 5, 1985, prepared by Douglas
Hamilton
~ o 0 4. Tree Protection Plan
i i ~ 5. Heritage Tree Ordinance
i ~~ 6. Letter by Jeffrey Gamboni approving the Tree Protection Plan
i ~4 7. Alameda County Fire Department -Removal Requirements
i ~ s 8. Letter September 27, 2000, from Jeffrey Gamboni in support of fire
safety pruning
i ~ c 9. Letter to File from Director approving the Tree Protection Plan
RECOMMENDATION: 1. Open public heazing
2. Receive staff presentation and public testimony
3. Question staff, applicant and the public
4. Close public heazing
5. Adopt Resolution (Attachment 2) approving the Site Development
Review, subject to conditions
PROJECT DESCRIPTION:
Construction of seven single-family homes on seven existing lots created as lots 1 and 7 - 12 of Block 1
of Tract Map 5073. The lots are located at 11299 Rolling Hills Drive and 11151, 11159, 11167, 11175,
11183 and 11191 Brittany Lane.
BACKGROUND:
History:
On August 12, 1985, the City Council approved PA 85-035.3, Hatfield Development Corporation
Investec, Inc. Tract Maps 5072, 5073 and 5074. Lots 1 and 7 -12 of Block 1 of Tract Map 5073 were not
built upon when the rest of the homes were built in 1985. These lots are the location of the seven
COPIES TO: PA File
Applicant
Mailing list
ITEM NO.
proposed residences of this project. City Council Resolution 82 - 85 set forth the conditions of approval
for the three tract maps. Conditions 4 and 12 of that resolution require that a Site Development Review
be processed for the development of these lots.
General Plan. The proposed residences aze located on existing single family lots that were created in
conformity with the Single Family Residential plan designation of the Dublin General Plan.
Zoning. The proposed residences aze located on existing single family lots that were created in
conformity with the R-1 Zoning District.
MAJOR ISSUES
The major issues Staff has identified for this project aze listed below. Each issue also has numbered sub-
issues which will be addressed within the major issues' section:
• Conformity of project with City Council Resolution 82-85
• Views/Height Limits
• Grading
• Heritage Trees/Tree Protection Plan
• Project design
CONFORMITY OF PROJECT WITH CITY COUNCIL RESOLUTION 82 - 85
The City Council adopted Resolution 82-85 on August 12, 1985 approving Tract Maps 5072, 5073 and
5074. This project must comply with the conditions of approval of Resolution 82-85. The conditions that
specifically apply to this project aze listed below with statements regarding project conformity with them:
Condition 3. This condition establishes the development regulations for this development. The
regulations are:
• Front yazd setback is 20 feet.
• Side yazd setback is 5 feet minimum and 15 feet aggregate.
• Street side yard setback is 15 feet.
• Lots are subject to guidelines of the R-1 zoning district.
• Lots must be 7,000 square feet in size and 70 feet in width.
The proposed residences comply with all of these requirements and with the requirements of the
Zoning Ordinance adopted in 1997.
Condition 4. Site grading aggregating in excess of fifty cubic yazds and/or placement of ancillary
detached structures aggregating in excess of 100 squaze feet in size located in excess of thirty-five feet
from the principle residence established on the following lots shall not occur until a Site Development
Review (SDR) application is processed according to Section 8.95.0 (now section 8.104) of the Zoning
Ordinance (Site Development Review).
Tract 5072, Block 1, Lots 1 & 4-6
Block 2, Lots 7-9
Tract 5073, Block 1, Lots 1, 3, 4 & 6-12
Block 2, Lots 1, 2, 12, 13 & 16-21
Tract 5074, Block 1, Lots 2-10 & 14-19
Block 3, Lots 1-16 & 18-22
Site grading of the lots in this project will exceed fifty cubic yards and therefore a Site
Development Review is required for the residences.
Condition 6.
"The height of custom or modified homes shall not exceed twenty-five (25) feet as measured
perpendiculazly from natural grade. Skirt heights screening undeveloped, non-living space for custom or
modified homes (measured from natural grade to finished floor elevations) shall not exceed a maximum
of nine 9 feet. Deviation and/or refinement of these standards may be considered as part of the Site
Development Review process covering these lots."
Natural Grade. This condition applies a 25-foot height limit with a maximum skirt height of 9
feet as measured from natural grade. Natural Grade is defined by the Zoning Ordinance as the
contour of the ground surface before grading. Common engineering practice is to define the
ground surface before grading as ground that has never been graded or ground that has been
graded pursuant to an approved grading permit so that there is a "new" ground surface. This new
ground surface can then be used to determine Natural Grade.
Grading. The site was graded between 1981 and 1985. ENGEO Incorporated is the geotechnical
engineering company that prepared the geotechnical engineering reports for the Hatfield-Investec
subdivision including the subject Rolling Hills Drive lot and Brittany Lane Lots. The City retains
Kleinfelder, Inc. to perform peer reviews of geotechnical engineering reports. That firm
determined that the grading of the subject lots was done properly and meets current standard of
engineering practice in the Bay Area.
A field evaluation of the lots on Brittany Lane indicated that moderate amounts of fill were placed
on the lots in 1985. Fill is estimated to be as follows:
Lot Line Amount of Fill
On average
6/7 2 feet
7/8 4 feet
8/9 8 feet
9/10 10 feet
10/11 1 feet
11/12 3 feet
The fill is relatively shallow adjacent the sidewalk and increases with distance from the sidewalk.
The fill terminates in a lip and then falls rapidly down to the original ungraded surface of the
ground. There may have been some undocumented placement of fill since 1985 by persons
unknown. A condition of approval requires that any undocumented fill be removed during the
grading for this project. This will result in the re-creation of the 1985 ground surface that was
approved by the grading permit at that time. As such Natural Grade would be as determined in
1985. The cross sections for each lot in the bound project plans show the 1985 ground level. A
condition of approval requires that the houses be built at the elevations shown on the project plans.
Flexibility of Condition 6 is appropriate. Condition 4 of this resolution identifies 641ots for
which a Site Development Review will be required. An analysis of these 64 lots reveals that 55 of
them have either flat pad or stepped pad foundations. The other 9 lots (six of which aze included
in this project) aze lots chazacterized by no or minimal building pads and steep slopes. Atypical
two-story residence on a flat or stepped pad foundation can easily conform to the 25-foot height
limit. A residence on a steeply sloping lot would only conform to the 25-foot limit if it resembled
a stairway with shallow treads and had rooms that were not very usable. In Staff s view Condition
6 anticipated this situation and provided for deviation and/or refinement of its standards pursuant
to Site Development Review. Staff feels the deviation or refinement of the twenty-five foot limit
is appropriate for steep slope situations and that it was the intent of the condition to allow for
deviation or refinement of this standazd to allow construction of residences with usable floor plans
on sloping lots.
Deviation and/or refnement. Condition 6 allows the deviation and/or refinement of its standards
to be considered as part of the Site Development Review (SDR) process covering these lots. Staff
is recommending that Section 8.36.110.C.2 of the Zoning Ordinance be applied to this SDR. The
section, "Residential exception -Sloping Lots" allows the maximum height for any dwelling to be
increased when the average natural slope of a proposed building envelope is 15 percent or more, as
follows:
Building Site Slope Max. Allowed Height
Increase
15 percent 5 feet
22.5 percent 10 feet
30 percent or more 15 feet
Bryce Davies home. Staff used Section 8.36.110.C.2 to approve a Site Development Review to
permit asingle-family residence at 11197 Brittany Lane (Lot 6 of Block 1 of Tract Map 5073),
which is adjacent to Lot 7 of this project. That residence was similar in height, design and size to
the proposed residences. It is located on a lot with slopes in excess of 30% like the subject lots.
The Bryce Davies residence, when built, will have the presence on the Brittany Lane frontage of a
single story home. Staff applied Section 8.36.110.C.2 in light of Condition 6 of City Council
Resolution 82 - 85 and approved the project on January 15, 1999. Staff discussed the Bryce
Davies home proposal with most of the nearby residents before approving the project. There were
no appeals of the staff approval.
Impacts to views minimized. Staff worked with the applicant/developer to site the residences as
low on the lots as possible in order to preserve views. Even though the residences aze proposed to
be located according to the existing natural grade of the lots, impacts to views will be minimized.
This project contains 21ots with slopes exceeding 22.5 % and 5 lots exceeding 30%. These homes
could be 35 and 40 feet high. The Zoning Ordinance permits the proposed homes on these lots
pursuant to the height exception. It should be pointed out that the seven homes have roof peaks
that average 13.6 feet below the height allowed with the height exception because the building
pads aze located down slope from Brittany Lane. The residences are designed to appear from the
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street as single story homes. They average 13.16 feet high when viewed from the sidewalk on
Brittany Lane and 15.4 feet high at the front porch. Hip roofs are incorporated into the design of
the homes to provide minimum interference with views. The project plans provide profiles for
each proposed residence to show impacts to the views of the homes on the opposite side of
Brittany Lane. Staff feels that the project minimizes impact to views of residenoes on Brittany
Lane.
Condition 6 complied with. Staff feels that the project has been designed in compliance with
Condition 6. The deviation and/or refinement of the standazds is appropriate. The project is well
designed, well sited and minimizes impacts to the views of neighbors on the north side of Brittany
Lane.
Condition 7. The design, location and materials of all fencing, and of all retaining walls installed by the
developer, shall be subject to review and approval by the Planning Director. Provision of common fences
for all side and rear yards shall be the responsibility of the developer. Fencing installed by the developer
at the bottom or top of slopes higher than ten feet, and/or fences of reaz yards with a high visibility from
adjoining down slope azeas, may be designed with an open mesh material, subject to review and approval
by the Planning Director as regazds the location and material utilized.
A condition of approval of this SDR will address this issue.
Condition 12. The twelve custom lots proposed for development within this project are subject to
individual, or grouped Site Development Review applications pursuant to Section 8.95.0 (now 8.104) of
the Zoning Ordinance. Grading for these lots shall be minimized to the greatest extent possible while
creating reasonably sized, functional exterior living areas (padded yard areas and/or raised deck areas).
A Site Development Review is being required for this project. Grading will be limited to the placement of
the residences and driveways on the lots. The majority of each residence will not be directly supported by
the soil but will be placed on a framework ofdeep-seated piers and grade beams. This will minimize
grading impacts to the lots. Functional padded exterior living areas are proposed in the front yards and in
raised deck azeas.
Condition 16. Project grading performed within 25 feet of the drip line of existing onsite or offsite trees
shall be addressed by a horticultural report and the recommendations and findings of that report
incorporated into the grading and improvement plans of this project.
A horticultural report dated July 5, 1985, was prepared by Douglas Hamilton (Attachment 3) for Tracts
5072, 5073 and 5074. A Tree Protection Plan (Attachment 4) dated received December 4, 2000, was
prepared by Nelda Matheny of HortScience for this project. The project was designed pursuant to the
Tree Protection Plan. Conditions of approval of the SDR will ensure that the requirements of the Tree
Protection Plan are implemented.
Condition 19. The developer shall confer with the local postal authorities to determine the type of mail
receptacles necessary and provide a letter stating their satisfaction with the type of mail service to be
provided. Specific locations for such units shall be to the satisfaction of the Postal Service.
A condition of approval of this SDR will address this issue.
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Views/Height Limits
Residents across the street from the Brittany Lane lots have expressed concern that the proposed
residences will impact views from their homes. As stated above, Staff has worked with the developer to
design and site the proposed homes to minimize impacts to views and to conform to the requirements of
the Zoning Ordinance and any conditions of approval of earlier permits that apply to this project.
Residents of Brittany Lane have raised two interrelated concerns relating to this issue.
1. Natural Grade is defined as ground surface that has never been graded. Neighbors have met
with Staff and stated that they feel the heights of structures should be measured up from the
ground surface which has never been graded, They have stated that ground surface before grading
means ground surface before any grading. Staff has related to the neighbors, as stated above, that
anew ground surface can be created pursuant to a valid grading permit which is what occurred in
1985 when these lots were created. As such the heights of the residences should be measured from
the new natural grade. It should be pointed out that if soil were removed to build the homes at the
grade that existed before any grading, the houses would not be lowered a great deal in many cases
and that the removal of the soil could potentially destabilize Brittany Lane. Soil was placed in a
keyway on the subject pazcels to provide support for the newly created Brittany Lane and the lots
facing it.
2. The implications of the terms "Shall" and "May" in Condition of Approval Number 6.
"Shall" vs. "May". The current Zoning Ordinance states that the term "Shall" is mandatory and
that the term "May" is permissive and discretionary. Residents opposite the proposed project have
spoken to Staff and have said that they interpret these words to say that that the twenty-five foot
height limit is required by the word "Shall" and is therefore mandatory. They believe the use of
the word "May" allowing a deviation is permissive and discretionary. They say that the
mandatory "Shall" has precedence over the discretionary "May" and therefore that no deviation or
refinement of these standards should be considered as part of the SDR process. As stated above,
Staff feels the intent of Condition 6 was to provide flexibility in steep slope situations when
application of the 25 foot height standard would make construction of a residence impractical. As
such, Staff is of the opinion that the discretionary term "May", as applied in this condition, does
apply and is not superceded by the term "Shall". Hence, a deviation can be applied via Site
Development Review.
Grading. Two concerns about grading have been related to Staff by residents of Brittany Lane:
1. Concerns about improper placement of soil. Concerns have been raised that soil was
improperly placed on the six Brittany lane lots when they were graded in the past. ENGEO
Incorporated is the geotechnical engineering company that prepared the geotechnical engineering
reports for the Hatfield-Investec subdivision including the subject Rolling Hills Drive lot and
Brittany Lane Lots. The City retains Kleinfelder, Inc. to perform peer reviews of geotechnical
engineering reports. That firm determined that the grading of the subject lots was done properly
and meets current standazd of engineering practice in the Bay Area. Kleinfelder does recommend
that supplemental grading be undertaken to remove the azea of boulders on Lots 8 and 9 and to re-
grade the area prior to commencing of construction on these lots. This recommendation is a
condition of approval of the Site Development Review.
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2. Concern about soil being placed within driplines of Heritage Trees. Concerns have also been
raised that soil was placed within the driplines of Heritage Trees on this project. A review of the
1985 grading plans and the grading plans for this project by Public Works and Planning staff and a
field trip by Planning staff have determined that no soil was placed within the driplines of any
Heritage Trees on this project site.
Heritage Trees/Tree Protection Plan
Concerns of residents. Residents of Brittany Lane have expressed concerns to staff that pruning of the
Heritage Trees on the project site will harm the trees. Staff has worked closely with the
ApplicantlDeveloper; the Applicant's azborist, the City's azborist and the Fire Mazshall to ensure that any
pruning of the Heritage Trees will not harm them. A Tree Protection Plan was submitted to the City and
reviewed by the City's azborist. The azborist had several concerns with the original draft of the Plan and
requested changes. A revised Tree Protection Plan was submitted to the City's azborist for review. The
City's azborist submitted a letter (Attachment 6) dated December 6, 2000, stating that he believes the Plan
has now addressed his concerns and is a balanced approach for the maintenance of the Heritage Trees. A
separate letter (Attachment 8) from the City's azborist dated September 27, 2000, stated that the proposed
fire safety pruning, if executed per the Guidelines noted (of the Tree Protection Plan), will not adversely
affect the health of these Heritage Trees.
Heritage Tree Ordinance. The City Council adopted the Heritage Tree Ordinance (Attachment 5),
Ordinance 29 - 99, on December 21, 1999. The ordinance was adopted because "the city has many
Heritage Trees, the preservation of which is beneficial to the health and welfaze of the citizens of this city
in order to enhance the scenic beauty, increase property values, encourage quality development, prevent
soil erosion, protect against flood hazazds and the risk of landslides, counteract pollution in the air and
maintain the climatic balance within the City."
The sections of the Heritage Tree Ordinance that aze pertinent to this project aze as follows. Please refer
to these sections in the Ordinance (Attachment 5). The report will address how each section is complied
with by the Tree Protection Plan:
• Section 5.60.40 -Definitions. Heritage Tree
• Section 5.60.50 -Tree Removal Permit Required
• Section 5.60.80 -Protection of Heritage Trees during construction.
• Section 5.60.90 -Protection plan required prior to issuance of permit
• Section 5.60.100 -Applicant to guarantee protection -security deposit
Compliance with Section 5.60.40 -Definitions. Heritage Tree. Nineteen oak trees are identified by
the Tree Protection Plan within this project. Twelve of those trees aze Oaks aze over 24 inches in diameter
measured 4 feet 6 inches above natural grade and therefore meet the definition "a" of a Heritage Tree. All
nineteen trees will be designated as Heritage Trees by a condition of approval of this Site Development
Review.
Compliance with Section 5.60.50 -Tree Removal Permit Required. The Heritage Trees on site will
not be removed as part of this project but, if the project is approved, must be pruned in order to meet the
requirements of the 1997 Fire Code. A portion of Tree 340 will be removed pursuant to the Fire Code and
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to Section 5.60.SO.b.I of the Heritage Tree Ordinance. It is technically a sepazate trunk from the main
trunk of Tree 340. The trunk to be removed and the remainder of Tree 340 are treated as one tree in the
Tree Protection Report because they aze located immediately adjacent to each other and form portions of
the same canopy and dripline. The removal of this trunk is permitted by the Director as part of this Site
Development Review pursuant to Section 5.60.SO.b.1 of the Heritage Tree Ordinance that allows removal
of a Heritage Tree if it presents an immediate hazard to life or property.
Compliance with Section 5.60.80. Heritage Trees required to be retained pursuant to this Site
Development Review will be protected during demolition, grading, and construction operations. The Tree
Preservation Guidelines of the Tree Protection Plan have been incorporated as conditions of approval to
ensure that the Heritage Trees aze protected during demolition, grading, and construction operations.
Compliance with Section 5.60.90. A Tree Protection Plan (Attachment 4) was prepazed for this project
by Nelda Matheny, a certified azborist and submitted on December 4, 2000. The plan was peer-reviewed
for the City by Jeffrey Gamboni, a Certified Arborist. His letter approving the Tree Protection Plan is
attached to this report as Attachment 6. Mr. Gamboni has reviewed and accepted the Tree Protection
Plan. The Director of Community Development has approved that Plan (Attachment 9). The cost of the
review was paid for by the applicant/developer.
A condition of approval requires that Heritage Trees shall be pruned in conformance with the Wildfire
Management Plan. All pruning shall be completed by a Certified Arborist and Tree Worker in the
presence of the City's azborist and be in conformance with the guidelines of the International Society of
Arboriculture, Tree Pruning Guidelines, current edition, on file in the Community Development
Department. In addition, pruning shall be in conformity with the provisions of the Pruning Specifications
of the Tree Protection Plan for this project.
A condition of approval requires that if damage should occur to any tree during construction it shall be
immediately reported to the Director of Community Development so that proper treatment may be
administered. The Director will refer to the City Arborist to determine the appropriate method of repair of
any damage. The cost of any treatment or repair shall be borne by the developer/applicant responsible for
the development of the project. Failure to do so may result in the issuance of a stop work order.
Compliance with Section 5.60.100. A condition of approval of this Site Development Review requires
that the applicant/developer shall guazantee the protection of the Heritage Trees on the project site through
placement of a cash bond or other security deposit in the amount of $100,000. The cash bond or other
security shall be retained for a reasonable period of time following the occupancy of the last residence
occupied, not to exceed one year. The cash bond or security is to be released upon satisfaction of the
Director of Community Development that the Heritage Trees have not been endangered. The cash bond
or security deposit shall be forfeited as a civil penalty for any unauthorized removal or destruction of a
Heritage Tree.
Uniform Fire Code. The City adopted the 1997 Uniform Fire Code (Dublin Municipal Code, Chapter
5.08) in November 1999. The Fire Code authorizes the Fire Chief to require removal of combustible
vegetation or to create fuel breaks. Pursuant to this authority, the Fire Mazshall has established Removal
Requirements (1997 Uniform Fire Code section 1103.2.4)(Attachment 7). The Removal Requirements
require weeds within 100 feet of a structure to be cut to 4 inches and trees within 100 feet of any structure
to be pruned to remove any branches within 6 feet of the ground. This requirement of the Fire Code is
intended to counteract the "Ladder Effect" of fires. The ladder exists when litter on the ground, grasses
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and low-hanging foliage of trees provide a path for fire to the crown of the tree. Afire in the litter will
catch the grass on fire and then the grass will ignite the foliage of the tree. When the crown catches fire,
the fire can spread to crowns of other trees. Cutting weeds to a height of 4 inches and removing any
branches within 6 feet of the ground prevents the ladder effect and saves the tree and nearby structures
from burning. This provision of the 1997 Uniform Fire Code is meant to protect structures but it also
benefits the tree in the long run.
Wildfire Management Program. The City adopted the Wildfire Management Plan by Resolution 84-96.
The Wildfire Management Program contains a requirement that trees be thinned to 10 feet between
crowns and that limbs or remaining trees be pruned to 15 feet or one-third the total live crown height,
whichever is less. The Fire Mazshall has told Staff that this standazd is only used in areas that are heavily
forested and not in urban areas such as where this project is located. This standazd will not be applied to
this project.
Tree 340. Staff met with the Applicant/Developer, aCertified Arborist from HortScience representing
the developer, Jeff Gamboni and the Fire Mazshall at the project site to discuss impacts to Tree 340 which
is the largest tree in close proximity to a proposed residence. The Certified Arborist sprayed Tree 340 in
locations where pruning should occur. It was agreed at that time that the following conditions of approval
would be included in the Resolution of Approval:
1. The major scaffold on Tree 340 pointing north towazd the proposed residence on Lot 8
shall only be trimmed as necessary to elevate the foliage 6 feet above the ground. Under
no circumstances shall that scaffold be pruned further back than as marked in yellow unless
so much foliage had to be trimmed that, in the opinion of the consulting azborist and the
City's azborist, it was necessary. If said major scaffold projects to within 5 feet of the
residence, the residence shall be modified to move it until it is at least five feet from the
furthest extent of foliage of said limb.
2. All cuts on Tree 340 shall be as mazked in yellow on that tree and as agreed upon with the
City of Dublin. Any changes to the pruning of the tree can only occur with the
concurrence of the azborist and the City's azborist and the City of Dublin.
PROJECT DESIGN
The proposed residences aze well designed and sited. Staff met with the applicanUdeveloper and his
azchitect on several occasions and refined the designs of the residences. The 3,400 square foot four
bedroom homes are quite attractive and will complement the architectural quality of the surrounding
neighborhood. The design elements are shown in colored renderings in the bound project plans. Two
floor plans, one with a "straight-in" garage and one with a "side-in" gazage aze proposed. The residences
aze sited on the lots to minimize impacts to views from the other side of Brittany Lane. Hip roofs have
been incorporated into the design to minimize impacts to views. The homes will have a street presence of
asingle-family home. They average 13.16 feet high when viewed from the sidewalk on Brittany Lane
and 15.4 feet high at the front porch. Landscaping plans have been prepazed by Gates and Associates and
will provide an attractive landscape presence on Brittany Lane.
ENVIRONMENTAL REVIEW
The environmental impacts of this project were addressed under the Negative Declazation prepared for the
PA 85-035 Hatfield Development Corporation Planned Development Rezone, Annexation and Site
Development Review of which the subject lots were a part. The Negative Declaration was prepared in
accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City
of Dublin Environmental Guidelines. Further, the project is Categorically Exempt pursuant to Section
15304, Class 4, minor public or private alterations in the condition of the land, water, and/or vegetation
which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural
purposes. Specifically, Example "I", Fuel management activities within 30 feet of structures to reduce the
volume of flammable vegetation, provided that the activities will not result in the taking of endangered,
rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This
exemption shall apply to fuel management activities within 100 feet of a structure if the public agency
having fire protection responsibility for the azea has determined that 100 feet of fuel clearance is required
due to extra hazardous fire conditions. This project is adjacent to a wildfire area and the 1997 Uniform
Fire Code requires 100 feet of fuel clearance for this project.
CONCLUSION:
The project is in conformity with the Dublin General Plan, City Council Resolution 82-85, the Zoning
Ordinance and with the Heritage Tree Ordinance. The homes aze well sited and designed. Impacts to
views will be minimized.
RECOMMENDATION:
Open public hearing, receive staff presentation and public testimony, question staff, applicant and the
public, close public heazing and adopt Resolution (Attachment 2) approving the Site Development
Review, subject to conditions.
GENERAL INFORMATION:
APPLICANT/
PROPERTY OWNER:
LOCATION/ ASSESSORS
PARCEL NUMBER:
Jeff Woods
Black Mountain Development
12 Crow Canyon Court, Suite 207
San Ramon, CA 94583
The lots to be developed have the following addresses and Assessor's Pazcel Numbers:
LOT ADDRESS ASSESOR'S PARCEL NUMBER
1 11299 Rolling Hills Drive 941-2775-30
7 11191 Brittany Lane 941-2775-36
8 11183 Brittany Lane 941-2775-37
9 11175 Brittany Lane 941-2775-38
10 11167 Brittany Lane 941-2775-39
11 11159 Brittany Lane 941-2775-40
12 11151 Brittany Lane 941-2775-41
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EXISTING ZONING: R-1
GENERAL PLAN
DESIGNATION: Single Family Residential
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COA's
3. A Tree Protection Zone (TPZ) shall be established 30 feet north of trees #340 - 342, and at the
driplines of trees #335, 345 - 346, 353 - 354. No grading, excavation, construction or storage
of materials shall occur within this zone.
4. All plot plans shall be reviewed by the project azborist for evaluation of impacts to trees and
recommendations for mitigation prior to issuance of a building permit.
5. No underground services including utilities, sub-drains, water or sewer lines shall be placed in
the TPZ.
6. Tree Preservation Notes, prepared by the consulting azborist, shall be included on all
construction plans.
7. Irrigation systems must be designed so that no trenching will occur within the TPZ.
8. No landscape improvements such as lighting, pavement, drainage or planting may occur
which may negatively affect the health or structural stability of the trees.
9. Foundations, footings and pavement on expansive soils near the Heritage Trees should be
designed to withstand differential displacement due to expansion and shrinking of the soil.
10. The rock outcropping within 30 feet of trees #335 and 342 shall be retained.
11. Fencing (6 foot chain link) all trees to completely enclose the TPZ on the north side of trees
on Lots 7, 8, and 9 and on the south sides of trees 353 and 354 on Lot 1 prior to demolition,
grubbing or grading.
12. Prior to work the contractor must meet with the consulting azborist at the site to review all
work procedures, access routes, storage areas and tree protection measures.
13. No grading, construction, demolition or other work shall occur within the TPZ. Any
modifications must be approved and monitored by the consulting azborist.
14. Spoil from trench, footing, utility or other excavation shall not be placed within the TPZ.
15. If damage should occur to any tree during construction it shall be immediately reported to the
Director of Community Development so that proper treatment may be administered. The
Director will refer to the City Arborist to determine the appropriate method of repair of any
damage. The cost of any treatment or repair shall be borne by the developer/applicant
responsible for the development of the project. Failure to do so may result in the issuance of a
stop work order.
16. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored
within the TPZ.
17. Any additional pruning needed for clearance during construction must be performed by a
certified azborist and not by construction personnel.
18. Heritage "frees shall be pruned in conformance with the Wildfire Management Plan. All
pruning shall be completed by a Certified Arborist and Tree Worker in the presence of the
City's azborist and be in conformance with the guidelines of the International Society of
Arboriculture, Tree Pruning Guidelines, current edition, on file in the Community
Development Department. In addition, pruning shall be in conformity with the provisions of
the Pruning Specifications of the Tree Protection Plan for this project.
19. The TPZ on the north side of trees on lots 7,8, and 9 and the south side of trees 353 and 354
shall be fenced prior to demolition, grubbing or grading as depicted in the Tree Protection
Fencing Plan contained in the Tree Protection Plan. It is not necessary to fence trees on the
downhill side, away from all construction. Fences shall be 6 feet tall chain link or equivalent
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as approved by the consulting azborist. Fences aze to remain until all grading and construction
is completed.
A certified azborist shall be present on the project site during grading or other construction activity
that may impact the health of the Heritage Trees in this project.
The consulting azborist shall prepaze a Guide to Maintenance for Native Oaks that describes the
caze needed to maintain tree health and structural stability including pruning, fertilization,
mulching and pest management as may be required. In addition, the Guide shall address
monitoring both tree health and structural stability of trees. As trees age, the likelihood of failure
of branches or entire trees increases. Therefore, annual inspection for hazard potential should be
addressed in the Guide.
The applicant/developer shall guarantee the protection of the Heritage Trees on the project site
through placement of a cash bond or other security deposit in the amount of $100,000. The cash
bond or other security shall be retained for a reasonable period of time following the occupancy of
the last residence occupied, not to exceed one yeaz. The cash bond or security is to be released
upon satisfaction of the Director of Community Development that the Heritage Trees have not
been endangered. The cash bond or security deposit shall be forfeited as a civil penalty for any
unauthorized work on Heritage Trees or removal or destruction of a Heritage Tree.
Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a Heritage Tree in this project shall obtain permission from the Director of
Community Development before performing any work, which may cause injury to the Heritage
Tree.
No heritage Tree on the project site shall be removed unless its condition presents an immediate
hazazd to life or property. Such Heritage Tree shall be removed only with the approval of the
Director of Community Development, City Engineer, Police Chief, Fire Chief or their designee.
The Fire Mazshall has indicated the Heritage Trees conform with the Wildfire Management Plan
and that no Heritage Tree on the project site will be removed pursuant to the Wildfire Management
Plan.
All nineteen Oak trees addressed by the Tree Protection Plan aze designated as Heritage Trees by
this Site Development Review and shall be protected by the provisions of the Heritage Tree
Ordinance.
The limb on Tree 340 extending north toward Brittany Lane shall not be reduced beyond the point,
agreed to with the City of Dublin and as marked on Tree 340 without the permission of the City of
Dublin. If said limb projects to within 5 feet of the residence, the residence shall be modified to
move it until it is at least five feet from the furthest extent of foliage of said limb.
Fencing installed by the developer at the bottom or top of slopes higher than ten feet, and/or fences
of reaz yards with a high visibility from adjoining down slope areas, may be designed with an open
mesh material, subject to review and approval by the Planning Director as regards the location and
material utilized.
13
The developer shall confer with the local postal authorities to determine the type of mail
receptacles necessary and provide a letter stating their satisfaction with the type of mail service to
be provided. Specific locations for such units shall be to the satisfaction of the Postal Service.
The Certified Arborist sprayed Tree 340 in locations where pruning should occur. It was agreed
that a major scaffold pointing north towazd the proposed residence on Lot 8 would only be trimmed as
necessary to elevate the foliage 6 feet above the ground. Under no circumstances would that scaffold be
pruned further back unless so much foliage had to be trimmed that, in the opinion of the azborists, it was
necessary. A condition of approval requiring this is included in the Resolution.
All cuts on Tree 340 shall be as mazked in yellow on that tree and as agreed upon with the City of
Dublin. Any changes to the pruning of the tree can only occur with the concurrence of both azborists and
the City of Dublin.
The trunk to be removed and the remainder of Tree 340 are treated as one tree in the Tree
Protection Report because they aze located immediately adjacent to each other and form portions of the
same canopy and dripline. The removal of this trunk is permitted by the Director as part of this Site
Development Review.
The design, location and materials of all fencing, and of all retaining walls installed by the
developer, shall be subject to review and approval by the Planning Director. Provision of common fences
for all side and rear yards shall be the responsibility of the developer. Fencing installed by the developer
at the bottom or top of slopes higher than ten feet, and/or fences of reaz yards with a high visibility from
adjoining down slope areas, may be designed with an open mesh material, subject to review and approval
by the Planning Director as regards the location and material utilized.
Supplemental grading shall be undertaken to remove the azea of boulders on Lots 8 and 9 and to
re-grade the area prior to commencing of construction on these lots.
A condition of approval requires that any undocumented fill be removed during the grading for
this project.
The cross sections for each lot in the bound project plans show the 1985 ground level. A condition
of approval requires that the houses be built at the elevations shown on the project plans.
14
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RESOLUTION NO. 00 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 00-009 BLACK MOUNTAIN DEVELOPMENT
SITE DEVELOPMENT REVIEW FOR SEVEN SINGLE-FAMILY HOMES
ON EXISTING LOTS ON BRITTANY LANE
WHEREAS, Black Mountain Development has requested approval of a Site Development Review for
seven single family homes on existing lots on Brittany Lane; and
WHEREAS, a completed application for Site Development Review is available and on file in the Dublin
Planning Department; and
WHEREAS, The environmental impacts of this project were addressed under the Negative Declaration
prepared for the PA 85-035 Hatfield Development Corporation Planned Development Rezone, Annexation and
Site Development Review of which the subject lots were a part. The Negative Declaration was prepared in
accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of
Dublin Environmental Guidelines. Further, the project is Categorically Exempt pursuant to Section 15304,
Class 4, minor public or private alterations in the condition of the land, water, and/or vegetation which do not
involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Specifically,
Example "I", Fuel management activities within 30 feet of structures to reduce the volume of flammable
vegetation, provided that the activities will not result in the taking of endangered, raze, or threatened plant or
animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel
management activities within 100 feet of a structure if the public agency having fire protection responsibility for
the azea has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. This
project is adjacent to a wildfire azea and the 1997 Uniform Fire Code requires 100 feet of fuel clearance for this
project; and
WHEREAS, a Site Development Review is required for this project by Conditions 4 and 12 of City
Council Resolution 82-85 approving PA 85-035.3, Hatfield Development Corporation Investec, Inc.; and
WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance; and
WHEREAS, the project is consistent in all respects with Dublin General Plan and Zoning Ordinance; and
WHEREAS, the project is consistent in all respects with the conditions of approval of City Council
Resolution 82-85; and
WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance; and
WHEREAS, the Planning Commission did hold a public hearing on said application on December 12,
2000; and
WHEREAS, proper notice of said heazing was given in all respects as required by law; and
WHEREAS, a staff report was submitted to the Planning Commission recommending approval of the Site
a
Development Review subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hear and use their independent judgement and considered all
said reports, recommendations and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby
make the following findings and determinations regarding said proposed Site Development Review:
A. The approval of this application (PA 00-009) is consistent with the intent/purpose of Section
8.104 (Site Development Review) of the Zoning Ordinance.
B. The approval of this application, as conditioned, complies with the policies of the General Plan,
the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82-85.
C. The approval will not adversely affect the health or safety of persons residing or working in the
vicinity, or be detrimental to the public health, safety and general welfare because all applicable
regulations will have been met.
D. Impacts to views have been addressed by sensitive design and siting of the proposed single-
family residences.
E. Impacts to existing slopes and topographic features are addressed in the project through the use
of pier and grade beams and by minimal grading to site the homes and front yazds.
F. The approval of this application, as conditioned, is in conformance with regional transportation
and growth management plans.
G. 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
requirements of the General Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council
Resolution 82-85.
H. The proposed physical site development, including the intensity of development, site layout,
grading, vehicular access, circulation and pazking, setbacks, height, walls, public safety and similar elements, as
conditioned, has been designed to provide a desirable environment for the development.
I. Architectural considerations, including the character, scale and quality of the design, the
azchitectural relationship with the site and other buildings, signs, building materials and colors, screening of
exterior appurtenances, exterior lighting and similaz elements have been incorporated into the project and as
conditions of approval in order to insure compatibility of this development with the development's design
concept or theme and the chazacter of surrounding development.
J. Landscape considerations, including the locations, type, size, color, texture and coverage of plant
materials, provisions and similar elements have been considered to insure visual relief and an attractive
environment for the public.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does
hereby find that:
A. The Black Mountain Development Site Development Review is consistent with the intent of
applicable subdivision regulations and related ordinances.
B. The design and improvements of the Black Mountain Development Site Development Review is
consistent with the Dublin General Plan polices as they relate to the subject property in that it is a
single-family residential development consistent with the Single-Family Residential Designation of
the Dublin General Plan.
C. The Black Mountain Development Site Development Review is consistent with the Heritage Tree
Ordinance, City Council Resolution 82-85 and with the City of Dublin Zoning Ordinance.
D. The project site is located adjacent to Rolling Hills Drive and Brittany Lane, on seven existing lots.
Six shallow building pads face on Brittany Lane and on one flag lot on Rolling Hills Drive. The
homes will be supported by the shallow building pads, but the majority of each residence will be
placed on a framework ofdeep-seated piers and grade beams. This will minimize grading impacts to
the lots. Functional padded exterior living areas are proposed in the front yards and in raised deck
areas. Therefore the site is physically suitable for the type and intensity ofsingle-family residential
development proposed.
E. The environmental impacts of this project were addressed under the Negative Declaration prepared
for the PA 85-035 Hatfield Development Corporation Planned Development Rezone, Annexation
and Site Development Review of which the subject lots were a part. The Negative Declaration was
prepared in accordance with the California Environmental Quality Act (CEQA), State CEQA
Guidelines and the City of Dublin Environrental Guidelines. Further, the project is Categorically
Exempt pursuant to Section 15304, Class 4, minor public or private alterations in the condition of the
land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except
for forestry and agricultural purposes. Specifically, Example "I", Fuel management activities within
30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will
not result in the taking of endangered, rare, or threatened plant or animal species or significant
erosion and sedimentation of surface waters. This exemption shall apply to fuel management
activities within 100 feet of a structure if the public agency having fire protection responsibility for
the azea has determined that 100 feet of fuel clearance is required due to extra hazardous fire
conditions. This project is adjacent to a wildfire azea and the 1997 Uniform Fire Code requires 100
feet of fuel cleazance for this project.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin Planning Commission
hereby conditionally approves the Site Development Review Application for PA 00-009 to develop seven single
family residences on seven lots with the Assessors Parcel Numbers 941-2775-30, 941-2775-36, 941-2775-37,
941-2775-38, 941-2775-39, 941-2775-40 and 941-2775-41 as generally depicted by materials labeled
Attachment 1, stamped "approved" and on file in the City of Dublin Planning Department. This approval shall
conform generally to the project plans submitted by EDI Architecture dated received December 4, 2000, the
Heritage Tree Protection Plan for this project dated received December 4, 2000 and the Site Development Plan
by RMR Design Group dated received December 4, 2000 by the Department of Community Development,
unless modified by the Conditions of Approval contained below..
CONDITIONS OF APPROVAL
Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of any
building and shall be subject to Planning Department review and approval. The following codes represent those
departments/agencies responsible for monitoring compliance with the Conditions of Approval: [PL] Planning,
fBl Building, fP01 Police, IPWI Public Works, fADM] Administration/City Attorney, IFINI Finance, fPCSI
Parks and Community Services, fFl Alameda County Fire Dept., [DSR] Dublin San Ramon Services District,
LOl Alameda County Flood Control and water Conservation District Zone 7.
GENERAL CONDITIONS
Standard Conditions of Approval. Applicant/Developer shall comply with all applicable City of
Dublin Standazd Public Works Criteria (Attachment A). In the event of a conflict between the Public
Works Criteria and these Conditions, these Conditions shall prevail.
Responsible Agency: PL
When Required: Approval of Improvement Plans through completion
2. Modifications or changes. Modifications or changes to this Site Development Review approval may
be considered by the Community Development Director, if the modifications or changes proposed
comply with Section 8.104. ] 00, of the Zoning Ordinance.
Responsible Agency: PL
When Required: Approval of Improvement Plans through completion
3. Term. Approval of the Site Development Review shall be valid for one yeaz from approval by the
Planning Commission. If construction has not 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.) PL On-going
4. Fees. ApplicanUDeveloper shall pay all applicable fees in effect at the time of building permit issuance,
including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District Fees,
Public Facilities Fees, Dublin Unified School District School Impact fees, City Traffic Impact fees, City
Fire Impact 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. Unissued building permits subsequent to new or revised fees shall be
subject to recalculation and assessment of the fair shaze of the new or revised fees.
Responsible Agency: Various
When Required: Various times, but no later than Issuance of Building Permits
5. Revocation. The SDR will be revocable for cause in accordance with Section 8.96.020.I of the Dublin
Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation.
PL On-going
Required Permits. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance and
obtain all necessary permits required by other agencies (Alameda County Flood Control District Zone 7,
California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control
Board, State Water Quality Control Board, Etc.) and shall submit copies of the permits to the
Department of Public Works.
Responsible Agency: Various
When Required: Various times, but no later than Issuance of Building Permits
Building Codes and Ordinances. All project construction shall conform to all building codes and
ordinances in effect at the time of building permit.
Responsible Agency: Bldg.
When Required: Through Completion
8. Compliance. ApplicantDeveloper shall comply with the City of Dublin Zoning Ordinance, City
Council Resolution 82-85, the Tree Protection Plan for this project and the City of Dublin General Plan.
Responsible Agency: PL
When Required: Issuance of Building Permits and On-going
9. Conditions of Approval. In submitting subsequent plans for review and approval, each set of plans
shall have attached an annotated copy of these Conditions of Approval and the Standard Public Works
Conditions of Approval. The notations shall cleazly indicate how all Conditions of Approval and
Standazd Public Works Conditions of Approval will be complied with. Improvement plans will not be
accepted without the annotated conditions and standazds attached to each set of plans.
ApplicanUDeveloper will be responsible for obtaining the approvals of all participating non-City
agencies.
Responsible Agency: PW, PL, Bldg.
When Required: Building Permit Issuance
10. Solid Waste/Recycling. ApplicanUDeveloper shall comply with the City's solid waste management and
recycling requirements.
Responsible Agency: ADM,
When Required: On-going
11. Refuse Collection. The refuse collection service provider shall be consulted to ensure that adequate
space is provided to accommodate collection and sorting of petrucible solid waste as well as source-
sepazated recyclable materials generated by the residents within this project.
Responsible Agency: PL
When Required: Occupancy of Any Building
12. Water Quality Requirements. All development shall meet the water quality requirements of the City
of Dublin's NPDES permit and the Alameda County Urban Runoff Clean Water Program.
Responsible Agency: PW, PL
Required By: Issuance of Grading Permit
13. NPDES Permit. Pursuant to requirements of federal law, a NPDES permit shall be obtained from the
RWQCB, and any terms of the permit shall be implemented, if applicable.
Responsible Agency: PW
Required By: Finaling Building Permits
14. Phase I and Phase 2 Environmental Assessment Studies. ApplicanUDeveloper shall supply the
Director of Community Development and Public Works Department with a copy of the Developer's
Phase 1 and Phase 2 (only as required by Phase 1) environmental assessment studies. All remediation
required by those studies shall be implemented to the satisfaction of the Director of Public Works prior
to Improvement Plan approval.
Responsible Agency: PL, PW
Required By: Issuance of Grading Permit
15. Rodenticides and Herbicides. The use of rodenticides and herbicides within the project area 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.
Responsible Agency: PL
Required By: Issuance of Grading Permit
16. Dust ControUCleanup. ApplicantDeveloper shall ensure that areas undergoing grading and all other
construction activity aze watered or other dust control measures aze used to prevent dust problems as
conditions warrant or as directed by the Director of Public Works. Furthermore, ApplicanUDeveloper
shall keep adjoining public streets, sidewalks and driveways free and clean of project dirt, mud,
materials and debris, and clean-up shall be made during the construction period as determined by the
Director of Public Works. In the event that the ApplicantDeveloper does not complete the clean-up
within 48 hours of City's direction, the City has the option of performing the clean-up and charging the
costs of such clean-up to ApplicantDeveloper. The use of any temporary construction fencing shall be
subject to the review and approval of the Public Works Director and the Building Official.
Responsible Agency: PW
Required By: Ongoing
17. Hold Harmless/Indemnification. ApplicanUDeveloper shall defend, indemnify, and hold harmless the
City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the
City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the
City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of
Community Development, Zoning Administrator, or any other department, committee, or agency of the
City the Site Development Review to the extent such actions aze brought within the time period required
by Government Code Section 66499.37 or other applicable law; provided, however, that the
ApplicanUDeveloper's duty to so defend, indemnify, and hold harmless shall be subject to the City's
promptly notifying the ApplicantDeveloper of any said claim, action, or proceeding and the City's full
cooperation in the defense of such actions or proceedings.
Required By: Through completion of Improvements and Occupancy of the Last Building
DRAINAGE/GRADING
18. Grading, drainage and improvement plan. The ApplicanUProperty Owner shall submit a grading,
drainage and improvement plan for each residence subject to review and approval by the Public Works
Director. Responsible Agency: PW. Required By: Grading Permit
19. Compliance. The Applicant/Property Owner shall comply with the City of Dublin Public Works
Department grading permit process and Plan Check-List. An information packet outlining the grading
permit process and Plan Check List is attached. Responsible Agency: PW. Required By:
Grading Permit
20. Undocumented fill Any undocumented fill on the project site shall be removed during the grading for
this project. Responsible Agency: PL. When Required: Prior to issuance of Building Permits.
21. Drainage. All rain water leaders from roof gutters, balconies, and patios shall be connected to a pipe
network that dischazges to the abutting public street via through-curb drains. Foundation or retaining
wall subdrains that must dischazge towazds the rear of the properties due to their lower elevation in
relationship to the street shall terminate with City-approved energy-dissipation devices or per a design
that prevents erosion of the natural downslopes. No water from subdrains or from earthen swales shall
discharge in a concentrated manner over and across the natural slopes below the proposed building
envelopes. No surface storm runoff shall be directed towards or across the neighboring sideyazd lot
lines. Responsible Agency: PW When required: Prior to issuance of Building Permits.
22. Lots 8 and 9. The cluster of boulders that exist on Lots 8 and 9 shall be removed to allow for
construction on the existing slope and to eliminate the hazard they may present to people. Other surface
boulders that may be discovered on the existing slopes shall be evaluated by the geotechnical engineer to
determine whether a hazard potential will exist if left in place. The Director of Public Works shall
concur with the recommendations of the geotechnical engineer with respect to any boulders or other
topographic features proposed to remain.. Responsible Agency: PW When required: Prior to
issuance of Building Permits.
DEDICATIONS AND IMPROVEMENTS
23. Site Drainage and Erosion Control Plan. The project site shall drain in accordance with City of
Dublin Grading Ordinance and State Regional Water Quality Control standazds. A Site Drainage and
Erosion Control Plan and "Best Management Practices" erosion control measures must be reviewed and
approved by the Public Works Department prior to approval of improvement plans.
Responsible Agency: PW
Required By: Approval of Improvement Plans
24. Mitigation Measures/Drainage Impacts. ApplicanUDeveloper shall demonstrate to the satisfaction of
the Director of Public Works that all mitigation measures that need to be improved as a result of
drainage impacts of this project will be constructed prior to occupancy of any building. All drainage
improvements shall be constructed to the satisfaction to of the Director of Public Works.
Responsible Agency: PW
Required By: Occupancy of any Building
25. Retaining Walls. Where finish grade of this property is in excess of twelve (12) inches higher or lower
than the abutting property or adjacent lots, a concrete or masonry block retaining wall or other suitable
solution acceptable to the Director of Public Works shall be required.
Responsible Agency: PW
Required By: Issuance of Building Permit
26. Joint Utility Trenches/Undergrounding/Utility Plans. Applicant/Developer shall construct all joint
utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility
jurisdiction. All communication vaults, electric transformers, and cable TV boxes shall be underground
in designated landscape areas. Utility plans showing the location of all proposed utilities (including
electrical vaults and underground transformers) shall be reviewed and approved by the Director of
Public Works and Director of Community Development. Location of surface or aboveground items shall
be shown on the Final Landscaping and Irrigation Plan and screened from view.
Responsible Agency: PW, PL
Required By: Occupancy of Affected Buildings
27. Driveway approaches. The driveway approaches for each residence shall be constructed in accordance
with City Standard Detail CD-306, and said work shall be performed per an Encroachment Permit issued
by the Public Works Department. Driveways shall be constructed of portland cement concrete or similar
material in accordance with City Standard Detail CD-305. For Lots 7-12, the driveway slopes shall not
exceed 12%.
Responsible Agency: PW
When required: Prior to issuance of Building Permits.
28. Grading, site development, and foundation work. All grading, site development, and foundation
work shall be performed in accordance with the recommendations contained in the geotechnical report
prepazed by Engeo titled "Foundation Exploration, Bordeaux Estates, Dublin California" dated April 6,
2000. The responsible geotechnical engineer shall certify on the building plans that all proposed grading,
site development, and foundation work conforms to the recommendations contained in the geotechnical
report.
Responsible Agency: PW
When required: Prior to issuance of Building Permits.
29. Plans for each residence. The plans for each residence shall include asite-specific plot plan prepared
by a licensed Civil Engineer in a format acceptable to the City. Said plans shall be based on an accurate
topographic survey of each lot, showing existing contour lines at one-foot intervals, prepared by a
licensed Land Surveyor. All proposed improvements including the house footprint, proposed contour
lines, drainage system, fences, retaining walls, building setbacks, street addresses, water/sewer/joint
trench utilities, etc. shall be shown on each plot plan.
Responsible Agency: PW
When required: Prior to issuance of Building Permits.
30. Steep inclines. Grading which results in slope inclinations that are steeper than presently exist will not
be allowed, unless the grading results in slopes no steeper than 2 horizontal to 1 vertical.
Responsible Agency: PW
When required: Prior to issuance of Building Permits.
PHASED OCCUPANCY PLAN
31. Phased Occupancy Plan. If occupancy of residences is requested to occur in phases, then all physical
improvements within each phase shall be required to be completed prior to occupancy of buildings
within that phase except 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, and Public Works for
review and approval a minimum of 45 days prior to the request for occupancy of any building covered
by said Phased Occupancy Plan. No individual building shall be occupied until the adjoining azea 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.
Responsible Agency: PL, B
Required By: Prior to Occupancy for any affected building
32. Construction Noise Management Program/Construction Impact Reduction Plan.
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. Responsible Agency: PL Required By: During any construction
33. Construction Noise Management Program/Construction Impact Reduction Plan. The following
measures shall be taken to reduce construction impacts: Responsible Agency: PL
Required By: During any construction
a. Off-site truck traffic shall be routed as directly as practical to and from the freeway (I-580) to the
job site. Primary route shall be from I-580 along ,San Ramon Road, Dublin Boulevazd,
Silvergate Drive, Rolling Hills Drive and Brittany Lane. An Oversized Load Permit shall be
obtained from the City prior to hauling of any oversized loads on City streets.
b. 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 azeas and material to be transported off-site. Use recycled or
other non-potable water resources where feasible.
c. Construction equipment shall not be left idling while not in use.
d. All construction equipment shall be fitted with noise muffling devises.
e. Erosion control measures shall be implemented during wet weather to assure that sedimentation
and erosion do not occur.
£ Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily
basis.
g. Excavation haul trucks shall use tarpaulins or other effective covers.
h. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting
and repaving should be completed as soon as possible.
i. 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 aze occupied.
j. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the
following methods:
k. Inactive portions of the construction site should be seeded and watered until grass growth is
evident.
1. Require that all portions of the site be sufficiently watered to prevent excessive amounts of dust.
m. On-site vehicle speed shall be limited to 15 mph.
n. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality
District. Non-petroleum based tackifiers may be required by the Director of Public Works.
o. The Department of Public Works shall handle all dust complaints. The Director of Public Works
may require the services of 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 m 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.
p. Construction interference with regional non-project traffic shall be minimized by:
q. Scheduling receipt of construction materials to non-peak travel periods.
re Routing construction traffic through azeas of least impact sensitivity.
s. Routing construction traffic to minimize construction interference with regional non-project
traffic movement.
t. Limiting lane closures and detours to off-peak travel periods.
u. Providing ride-share incentives for contractor and subcontractor personnel.
v. Emissions control of on-site equipment shall be minimized through a routine mandatory program
oflow-emissions tune-ups.
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w. Radios and loudspeakers shall not be used outside of the residences during all phases of
construction.
x. Construction vehicles and worker's vehicles shall not be parked on the north side of Brittany
Lane or in any driveways on the north side of Brittany Lane.
y. No double-pazking shall be allowed along Brittany Lane.
z. Fencing of construction site shall be to the satisfaction of the Building Official.
PARKS
34. Public Facilities Fee. Applicant/Developer shall pay a Public Facilities Fee in the amounts and at the
times set forth in City of Dublin Resolution No. 195-99, or in the amounts and at the times set forth in
any resolution revising the amount of the Public Facilities Fee.
Responsible Agency: PCS
Required By: As indicated in Condition of Approval
ARCHITECTURE
35. Exterior colors and materials. Exterior colors and materials for the structures shall be subject to final
review and approval by the Community Development Director and shall be shown on construction
plans. Responsible Agency: PL Required By: Prior to building permit.
36. Exterior lighting. Exterior lighting shall be of a design and placement so as not to cause glare onto
adjoining properties. Lighting used after daylight hours shall be minimized to provide for security needs
only. Responsible Agency: PL Required By: Ongoing
37. Fencing, and of all retaining walls. The design, location and materials of all fencing, and of all
retaining walls installed by the developer, shall be subject to review and approval by the Planning
Director. Provision of common fences for all side and rear yards shall be the responsibility of the
developer. Fencing installed by the developer at the bottom or top of slopes higher than ten feet, and/or
fences of rear yazds with a high visibility from adjoining down slope areas, may be designed with an
open mesh material, subject to review and approval by the Planning Director as regards the location and
material utilized. Responsible Agency: PL. When Required: Prior to approval of Final Landscaping and
Inigation Plans. Responsible Agency: PL Required By: Prior to installation of fencing
38. Pad levations. All residences shall be built at the pad elevations shown on the project plans by EDI
Architects dated received December 4, 2000. Responsible Agency: PL. When Required: Prior to
occupancy.
39. Colors and Materials Board. Applicant shall submit a colors and materials board subject to approval
of the Director of Community Development to reflect any changes made during project review.
Responsible Agency: PL Required By: Prior to building permit
LANDSCAPING
40. Final Landscaping and Irrigation Plan. Applicant/Developer shall submit a Final Landscaping and
Inigation Plan, conforming to the requirements of Section 8.72.030 of the Zoning Ordinance (unless
otherwise required by this Resolution), stamped and approved by the Director of Public Works and the
Director of Community Development. The plan should generally conform to the landscaping plan and
must reflect any revised project design shown on the Site Development Review with a later date.
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Responsible Agency: PL Required By: Prior to building permit
41. Wildfire Management Plan. The Final Landscaping and Irrigation Plan shall be in accordance with the
City of Dublin Wildfire Management Plan. Responsible Agency: F Required By: Prior to
building permit
42. NPDES. The final landscaping and irrigation plan shall address erosion control as an ongoing
prevention program that will meet the National Pollution Discharge Elimination System (NPDES)
requirements. Responsible Agency: PW, PL Required By: Ongoing
43. Installation. Prior to final occupancy approval, all required landscaping and irrigation, shall be
installed. Responsible Agency: PL, B Required By: Prior to occupancy
44. Drought-tolerant and/or native species. The landscape design and construction shall emphasize
drought-tolerant and/or native species wherever possible. Responsible Agency: PL Required By:
Prior to occupancy
TRAFFIC AND CIRCULATION
45. Damage/Repairs. The Developer shall repair all damaged existing street, curb, gutter and sidewalk
along Brittany Lane and Rolling Hills Drive, lot frontages that exist now, or that result from
construction activities to the satisfaction of the Director of Public Works. Responsible Agency: PW
Required By: Prior to Occupancy of first residence
POLICE SECURITY
46. Residential Security Requirements. The development shall comply with the City of Dublin
Residential Security Requirements (attached). Security hazdwaze must be provided for all doors,.
windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations
and requirements. Responsible Agency: B, PO Required By: Prior to Occupancy of first residence
47. Projected Timeline. ApplicanUDeveloper shall submit a projected timeline for project completion to
the Dublin Police Services Department, to allow estimation of staffing requirements and assignments.
Responsible Agency: PO Required By: Prior to Issuance of Building Permits
FIRE PROTECTION
48. Applicable regulations and requirements. The ApplicanUProperty Owner shall comply with all
applicable regulations and requirements of the Alameda County Fire Department (ACFD), including
payment of all appropriate fees. Responsible Agency: F Required By: Ongoing
49. Fireground operation area. The rear yard shall have a minimum 10 foot of fireground operation area.
Responsible Agency: F Required By: Ongoing
50. Rear yard accessibility. The reaz yazd shall be accessible from both sides of the structure. Responsible
Agency: F Required By: Ongoing
51. Roofing material. The roofing material shall conform to the City of Dublin Fire Area specifications
which require Class A or better. Responsible Agency: F Required By: Prior to issuance of Building
Permits
52. Wildfire Management Plan. Site development shall be in accordance with the City of Dublin Wildfire
Management Plan. Responsible Agency: F Required By: Prior to issuance of Building Permits
53. Water supply. Water supply shall be adequate to support required fire flow. Responsible Agency: F
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Required By: Prior to issuance of Building Permits
54. Fire Hydrants. The Developer shall construct any required new fire hydrants in streets to City and
Alameda County Fire Department standards. The Developer shall comply with applicable Alameda
County fire Departrnent, Public Works Department, Dublin Police Service, Alameda County Flood
Control District Zone 7 and Dublin San Ramon Services District requirements. Responsible Agency:
F, PW Required By: Prior to Occupancy of adjacent building
55. Delivery of any combustible material. Prior to the delivery of any combustible material for storage on
the site, fire hydrants, water supply, and roadways shall be installed and sufficient water storage and
pressure shall be available to the site. Approved roadway shall be first lift of asphalt. Responsible
Agency: F Required By: Prior to delivery of any combustible material
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7
56. Wells. Any water wells, cathodic protection wells or exploratory borings shown on the map that aze
known to exist, aze proposed or are located during field operations without a documented intent of future
use, filed with Zone 7, aze 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 or aze to be maintained in accordance with applicable groundwater protection
ordinances. Other wells encountered prior to or during construction are to be treated similarly.
Responsible Agency: Zone 7, PW
Required By: Prior to any demolition or construction
57. Salt Mitigation. Recycled water projects must meet any applicable salt mitigation requirements of Zone
7.
Responsible Agency: Zone 7, PW
Required by On-going
58. Requirements and Fees. Applicant/Developer shall comply with all Alameda County Flood Control
and Water Conservation District-Zone 7 Flood Control requirements and applicable fees.
Responsible Agency: Zone 7, PW
Required by Prior to Issuance of Building Permits
DSRSD
59. The Applicant/Property Owner shall comply with all applicable requirements and regulations of the
Dublin San Ramon Services District. Responsible Agency: DSRSD. Required By: Ongoing
60. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that
conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard
Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater
Facilities", all applicable DSRSD Master Plans and all DSRSD policies. Responsible Agency:
DSRSD. Required By: Prior to issuance of Building Permits
61. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system.
Pumping of sewerage is discouraged and may only be allowed under extreme circumstances following a
case by case review with DSRSD staff. Any pumping station will require specific review and approval
by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The
DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as
other conditions within a sepazate agreement with the applicant for any project that requires a pumping
station. Responsible Agency: DSRSD. Required By: Ongoing
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62. Prior to the issuance of a building permit, all utility connection fees, plan check fees, inspection fees,
permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in
accordance with the rates and schedules established in the DSRSD Code.. Responsible Agency:
DSRSD. Required By: Prior to issuance of Building Permits
63. Prior to the issuance of a building permit, all improvement plans for DSRSD facilities shall be signed by
the District Engineer. Each drawing of improvement plans shall contain a signature block for the
District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval
by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer's
estimate of construction costs for the sewer and water systems, a performance bond, aone-year
maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that
are acceptable to DSRSD. The Applicant shall allow at least 15 working days for final improvement
drawing review by DSRSD before signature by the District Engineer.. Responsible Agency: DSRSD.
Required By: Prior to issuance of Building Permits
64. No sewer line or water line construction shall be permitted unless the proper utility construction permit
has been issued by DSRSD. A construction permit will only be issued after all of the items in the
condition immediately before this one have been satisfied. Responsible Agency: DSRSD. Required
By: Ongoing
65. The ApplicantlProperty Owner shall hold DSRSD, its Board of Directors, commissions, employees, and
agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines
resulting from completion of the project. Responsible Agency: DSRSD. Required By: Ongoing
66. The ApplicanUProperty Owner shall obtain a limited construction permit from the DSRSD prior to
commencement of any work. Responsible Agency: DSRSD. Required By: Prior to commencement
of any work
67. Construction by Applicant/Developer. All onsite potable and recycled water and wastewater pipelines
and facilities shall be constructed by the Applicant/Developer in accordance with all DSRSD master
plans, standards, specifications and requirements. Responsible Agency: DSRSD. Required By:
Completion of Improvements
68. DSRSD Water Facilities. Water facilities must be connected to the DSRSD or other approved water
system, and must be installed at the expense of Applicant/Developer in accordance with District
Standards and Specifications. All material and workmanship for water mains and appurtenances thereto
must conform with all of the requirements of the officially adopted Water Code of the District and shall
be subject to field inspection by the District. Responsible Agency: DSRSD. Required By:
Completion of Improvements
69. The applicant shall coordinate with the District and Alameda County Fire Department on required fire
flows Responsible Agency: DSRSD. Required By: Approval of Improvement Plans
MISCELLANEOUS
68. Compliance. The Applicant/Property Owner shall comply with all applicable Alameda County Fire
Department, Public Works Department standard conditions, Dublin Police Services, Alameda County
Flood Control and Water Conservation District and the Dublin San Ramon Services District regulations
and requirements. Prior to issuance of grading or building permits or the installation of any
improvements related to this project, the Applicant shall supply written documentation from each such
agency or department to the Community Development Department, indicating that all applicable
conditions required have been or will be met. Responsible Agency: B, PL. Required By: Ongoing
69. Compliance. The Applicant/Property Owner shall comply with all applicable regulations and
requirements of the Uniform Building Code and the Building Inspection Department. Responsible
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Agency: B. Required By: Ongoing
70. Building permits for the proposed project shall be secured and construction commenced within
one (1) year after the effective date of this approval or said approval shall be void. This one (1)
yeaz period may be extended an additional one (1) year after the expiration date of this approval (a
written request for the extension must be submitted prior to the expiration date) by the Community
Development Director upon the detennination that the Conditions of Approval remain adequate to
assure that the above stated Findings of Approval will continue to be met. [B, PL]
71. To apply for building permits, the Applicant shall submit thirteen (13) sets of full construction plans for
plan check. Each set of plans shall have attached an annotated copy of these Conditions of
Approval, including any attached Special Conditions. The notations shall cleazly indicate how all
Conditions of Approval will be complied with. Construction plans will not be accepted without the
annotated conditions attached to each set of plans. The Applicant will be responsible for compliance
with all Conditions of Approval specified and obtaining the approvals of all participating non-City
agencies prior to the issuance of building or grading permits. Responsible Agency: B, PL, PW.
Required By: Prior to issuance of building permits
72. Construction plans. Construction plans shall be fully dimensioned (including building elevations)
accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by an
appropriately design professional. The site plan, landscape plan and details shall be consistent with each
other.. Responsible Agency: B, PL, PW. Required By: Prior to issuance of building permits
73. Hours of operation. All construction shall be limited to take place between the hours of 7:30 a.m. and
6:00 p.m., Monday through Friday, except as otherwise approved by the Director of Public Works. .
Responsible Agency: PW. Required By: Ongoing
74. Compliance. The Applicant/Property Owner shall develop this project and operate all uses in
compliance with the Conditions of Approval of this Site Development Review and the regulations
established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject
to enforcement action. Responsible Agency: PL. Required By: Ongoing
75. Postal authorities. The, developer shall confer with the local postal authorities to determine the type of
mail receptacles necessary and provide a letter stating their satisfaction with the type of mail service to
be provided. Specific locations for such units shall be to the satisfaction of the Postal Service.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit.
HERITAGE TREES:
76. A Tree Protection Zone shall be established 30 feet north of trees #340 - 342, and at the driplines of
trees #335, 345 - 346, 353 - 354. No grading, excavation, construction or storage of materials shall
occur within this zone.
Responsible Agency: PL.
When Required: Prior to issuance of Building Permit.
77. All plot plans shall be reviewed by the project arborist for evaluation of impacts to trees and
recommendations for mitigation.
Respousible Agency: PL.
When Required: Prior to issuance of Building Permit.
78. The rock outcropping within 30 feet of trees #335 and 342 shall be retained.
Responsible Agency: PL.
When Required: Ongoing.
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79. No underground services including utilities, sub-drains, water or sewer lines shall be placed in the Tree
Protection Zone.
Responsible Agency: PL.
When Required: Ongoing.
80. Tree Preservation Notes, prepared by the consulting azborist, shall be included on all construction plans.
Responsible Agency: PL.
When Required: Prior to issuance of Building Permit.
81. Irrigation systems must be designed so that no trenching will occur within the Tree Protection Zone.
Responsible Agency: PL.
Wheu Required: Prior to issuance of Building Permit.
82. No landscape improvements such as lighting, pavement, drainage or planting may occur which may
negatively affect the health or structural stability of the trees.
Responsible Agency: PL.
When Required: Ongoing.
83. Foundations, footings and pavement on expansive soils near the Heritage Trees should be designed to
withstand differential displacement due to expansion and shrinking of the soil.
Responsible Ageucy: PL.
When Required: Prior to issuance of Building Permit.
84. Heritage Trees shall be pruned in conformance with the Wildfire Management Plan. All pruning shall
be completed by a Certified Arborist and Tree Worker in the presence of the City's arborist and be in
conformance with the guidelines of the International Society of Arboriculture, Tree Pruning Guidelines,
current edition, on file in the Community Development Department. In addition, pruning shall be in
conformity with the provisions of the Pruning Specifications of the Tree Protection Plan for this project.
Responsible Agency: PL.
When Required: Prior to issuance of Building Permit.
85. The Tree Protection Zone on the north side of trees on lots 7,8, and 9 and the south side of trees 353 and
354 shall be fenced prior to demolition, grubbing or grading as depicted in the Tree Protection Fencing
Plan contained in the Tree Protection Plan. It is not necessary to fence trees on the downhill side, away
from all construction. Fences shall be 6 feet tall chain link or equivalent as approved by the consulting
arborist. Fences are to remain until all grading and construction is completed.
Responsible Agency: PL.
When Required: Prior to issuance of Grading Permit.
86. Prior to work the contractor must meet with the consulting azborist at the site to review all work
procedures, access routes, storage azeas and tree protection measures.
Responsible Agency: PL.
When Required: Prior to issuance of Building Permit.
87. No grading, construction, demolition or other work shall occur within the Tree Protection Zone. Any
modifications must be approved and monitored by the consulting arborist.
Responsible Agency: PL.
When Required: Prior to issuance of Grading Permit.
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88. Spoil from trench, footing, utility or other excavation shall not be placed within Tree Protection Zone.
Responsible Agency: PL.
When Required: Prior to issuance of Grading Permit.
89. If damage should occur to any tree during construction it shall be immediately reported to the Director
of Community Development so that proper treatment may be administered. The Director will refer to
the City Arborist to determine the appropriate method of repair of any damage. The cost of any
treatment or repair shall be borne by the developer/applicant responsible for the development of the
project. Failure to do so may result in the issuance of a stop work order.
Responsible Agency: PL.
When Required: Ongoing.
90. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within the
Tree Protection Zone.
Responsible Agency: PL.
When Required: Ongoing.
91. Any additional pruning needed for clearance during construction must be performed by a certified
aborist and not by construction personnel.
Responsible Agency: PL.
When Required: Ongoing.
92. All pruning shall be in accordance with the Tree Pruning Guidelines (International Society of
Arboriculture) and adhere to the most recent editions of the American National Standard for Tree Care
Operations (2133.1) and Pruning (A300).
Responsible Agency: PL.
When Required: Ongoing.
93. Where possible, pruning shall be confined to small diameter wood at the ends of branches. Interior
branches shall not be stripped out.
Responsible Agency: PL.
When Required: Ongoing.
94. All trees shall be pruned to provide a minimum of 6 feet of clearance between the ground surface and
foliage, to remove dead branches to a minimum of 2 inches in diameter, and to reduce end weight on
heavy, horizontal branches by selectively removing small diameter branches, no greater than 2 to 3
inches, near the ends of the scaffolds.
Responsible Agency: PL.
When Required: Prior t issuance of Building Permit.
95. While in the tree, the aborist shall perform an aerial inspection to identify defects that require treatment.
Any additional work needed shall be reported to the Project Arborist.
Responsible Agency: PL.
When Required: Ongoing.
96. Brush shall be chipped and chips shall be spread underneath trees to a maximum depth of 6 inches,
leaving the trunk clear of mulch. Wood shall be hauled off the site.
Responsible Agency: PL.
When Required: Ongoing.
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97. Trees shall not be climbed with spurs.
Responsible Agency: PL.
When Required: Ongoing.
98. Thinning cuts are to be employed rather than heading cuts. Trees shall not be topped or headed back..
Responsible Agency: PL.
When Required: Ongoing.
99. Vehicles and heavy equipment shall not be parked beneath the trees. If access by equipment is required
to accomplish the specified pruning, the soil surface shall be protected with 6 inches to 8 inches of wood
chips before placing equipment or vehicles.
Responsible Agency: PL.
When Required: Ongoing.
100. Equipment shall be serviced and fueled outside the tree canopy to avoid accidental spills in the root azea.
Responsible Agency: PL.
When Required: Ongoing.
101. A certified azborist shall be present on the project site during grading or other construction activity that
may impact the health of the Heritage Trees in this project.
Responsible Agency: PL.
When Required: Ongoing.
102. The consulting azborist shall prepaze a Guide to Maintenance for Native Oaks that describes the care
needed to maintain tree health and structural stability including pruning, fertilization, mulching and pest
management as may be required. In addition, the Guide shall address monitoring both tree health and
structural stability of trees. As trees age, the likelihood of failure of branches or entire trees increases.
Therefore, annual inspection for hazazd potential should be addressed in the Guide. A copy of this
Guide shall be provided to each purchaser.
Responsible Ageucy: PL.
When Required: Prior to occupancy.
103. The applicantldeveloper shall guarantee the protection of the Heritage Trees on the project site through
placement of a cash bond or other security deposit in the amount of $100,000. The cash bond or other
security shall be retained for a reasonable period of time following the occupancy of the last residence
occupied, not to exceed one year. The cash bond or security is to be released upon satisfaction of the
Director of Community Development that the Heritage Trees have not been endangered. The cash bond
or security deposit shall be forfeited as a civil penalty for any removal or destruction of a Heritage Tree.
Responsible Agency: PL.
When Required: Ongoing.
104. Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the
vicinity of a Heritage Tree in this project shall obtain permission from the Director of Community
Development before performing any work, which may cause injury to the Heritage Tree.
Responsible Agency: PL.
When Required: Ongoing.
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105. No heritage Tree on the project site shall be removed unless its condition presents an immediate hazard
to life or property. Such Heritage Tree shall be removed only with the approval of the Director of
Community Development, City Engineer, Police Chief, Fire Chief or their designee. The Fire Mazshall
has indicated the Heritage Trees conform with the Wildfire Management Plan and that no Heritage Tree
on the project site will be removed pursuant to the Wildfire Management Plan.
Responsible Agency: PL.
When Required: Ongoing.
106. All nineteen Oak trees addressed by the Tree Protection Plan are designated as Heritage Trees by this
Site Development Review and shall be protected by the provisions of the Heritage Tree Ordinance
pursuant to Section 5.60.40.b, Heritage Tree Definition.
Responsible Agency: PL.
When Required: Ongoing.
107. The major scaffold on Tree 340 pointing north toward the proposed residence on Lot $ shall only be
trimmed as necessary to elevate the foliage 6 feet above the ground. Under no circumstances shall that
scaffold be pruned further back than as mazked in yellow unless so much foliage had to be trimmed that,
in the opinion of the consulting azborist and the City's azborist, it was necessary. If said major scaffold
projects to within 5 feet of the residence, the residence shall be modified to move it until it is at least five
feet from the furthest extent of foliage of said limb.
Responsible Agency: PL.
When Required: Prior to issuance of Building Permit.
108. All cuts on Tree 340 shall be as marked in yellow on that tree and as agreed upon with the City of
Dublin. Any changes to the pruning of the tree can only occur with the concurrence of the azborist and
the City's azborist and the City of Dublin.
Responsible Agency: PL.
When Required: Prior to issuance of Building Permit.
109. The trunk to be removed and the remainder of Tree 340 are treated as one tree in the Tree Protection
Report because they are located immediately adjacent to each other and form portions of the same
canopy and dripline. The removal of this trunk is permitted by the Director as part of this Site
Development Review pursuant to Section 5.60.SO.b.2.
Responsible Agency: PL.
When Required: Ongoing.
PASSED, APPROVED and ADOPTED this 12th day of December, 2000.
AYES:
NOES e
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST
Community Development Director
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ATTACHMENT "A"
TYPICAL PUBLIC WORKS GENERAL CONDITIONS OF APPROVAL
The following Conditions of Approval (as referenced in the preceding resolution) are standard Conditions of
Approval applicable as required by the Public Works Department for all development projects within the City
of Dublin. Unless modified by referenced conditions in the preceding resolution, these conditions aze assumed
to be complied with prior to issuance of Grading Permit or approval of Improvement Plans.
ARCHAEOLOGY:
If, during construction, archaeological materials are encountered, construction within 100 feet of these
materials, shall be halted until a professional Archaeologist who is certified by the Society of California
Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to
evaluate the significance of the find and suggest appropriate mitigation measures, if they are deemed
necessary.
BONDS:
2. The developed shall provide Performance (100%), labor and material (50%) securities and a cash
monumentation bond to guazantee the installation of subdivision improvements, including streets,
drainage, grading, utilities and landscaping subject to approval by the Director of Public Works/City
Engineer prior to approval of the Final or Parcel Map.
3. Prior to acceptance of the project as complete and the release of securities by the City:
a) All improvements shall be installed as per the approved Improvement Plans and Specifications.
b) All required landscaping shall be installed.
c) An as-built landscaping plan prepared by the project Landscape Architect and a declazation by the
Project Landscape Architect that all work was done under his supervision and in accordance with the
recommendations contained in the landscape and soil erosion and sedimentation control plans shall be
submitted to the Director of Public Works/City Engineer.
d) Photo mylaz and , if available, AutoCAD electronic copies, of the Improvement, Grading and Storm
Drain plans along with the Final or Parcel and Annexation Maps, if any, which are tied to the City's
existing mapping coordinates including all as-built plans prepared by a registered Civil Engineer.
e) A complete record, including location and elevation of all field density tests, and a summary of all
field and laboratory tests.
f) A declazation by the Project Civil Engineer and Project Geologist that all work was done in
accordance with the recommendations contained in the soil and geologic investigation reports and the
approved plans and specifications.
4. Upon acceptance of the improvements and receipt of required submittals, the performance security may
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be replaced with a maintenance bond that is 25% of the value of the performance security. The
maintenance bond is released one year after acceptance of the project and after the repair of deficiencies,
if any, are completed.
5. The labor and materials security is released upon acceptance of the improvements, provided no liens aze
filed against the developer on this project.
CREEK:
6. Buildings shall be no closer than 20 feet from top of the bank along the Creek, where the top of bank is
either the existing break in topography, or a point at the existing ground line which is the intersection of a
line on atwo-horizontal-to-one-vertical slope begun at the toe of the slope in the Creek, whichever is
more restrictive.
DRAINAGE:
Each lot shall be so graded as not to drain on any other lot or adjoining property prior to being deposited
to an approved drainage system.
8. Where possible, roof drains shall empty onto an approved dissipating device and then over lawn or other
planted azeas to street or approved drainage facility. Concentrated flows will not be allowed to drain
across sidewalk areas.
9. An 18'° minimum diameter reinforced concrete pipe (RCP) shall be used for all public storm drain main
lines and 12" minimum diameter RCP shall be used for laterals connecting inlets to main drain line.
10. Under-sidewalk drains (curb drains) shall be installed on both sides of driveway approaches.
11. Storm drainage detention facilities shall be designed to contain the 100- yeaz storm occurrence including
I foot of freeboard.
12. In case that the detention basin outlet fails and the basin cannot contain the 100-yeaz storm, streets must
be designed so that the overflow release shall directed to the subdivision streets and shall be contained in
the road right-of--way.
13. Storm drainage facilities shall be designed to meet the following capacity:
Drainage area Design Storm
less that 1 sq. mile 15 year
1 to 5 sq. miles 25 yeaz
over 5 sq. miles 100 year
All streets shall be designed so that the 15-year storm is contained within the gutter and shoulder area. In
addition arterial streets shall have one lane of traffic in both directions of travel above the 100-yeaz storm
level.
14. No buildings or other structures shall be constructed within a storm drain easement.
15. Developer shall provide "trash racks" where storm drainage improvements intercept natural drainage
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channels. An all-weather maintenance road shall be constructed to the trash racks.
16. Concrete V-ditches shall be constructed on slopes 10 feet and higher in accordance with City Ord. 56-86.
These V-ditches shall have a 5% minimum slope.
17. All slopes 10 feet or higher will have a concrete V-ditch installed at the toe of the slope. These ditches
shall dischazge into natural drainage channels or an adequate storm drain system.
18. Drainage in all concrete ditches shall be picked up and directed to the bottom of an approved drainage
channel. The slope on these ditches shall not be less than 5%.
19. A 6" minimum diameter subdrain shall be installed in all swales that are to be filled.
20. All subdrains shall tie into storm drain catch basins or manholes at the downstream end of the subdrain.
There shall be a clean-out at the upper end of all subdrains.
21. Downhill cul-de-sacs are not allowed without prior written approval of the Director of Public Works/City
Engineer/City Engineer. If allowed they must provide a storm drain overflow corridor to an approved
drainage facilities. This corridor shall be design to prevent flooding of building pads in case the street
inlet is obstructed.
22. Streets designed with sump azeas shall have a curb inlet at the low spot and two additional inlets within
50 feet of the low azea.
23. No drainage shall be directed over slopes.
24. The storm drainage system shall be designed and constructed to the standards and policies of the City of
Dublin.
25. All concentrated storm drain flow shall be carried in concrete curb and gutter, concrete valley gutters or
storm drain pipe and shall dischazged into an approved drainage facility, not onto slopes.
26. All public streets shall drain into storm drain systems before being discharged into established drainage
channels.
27. The developer shall comply with Alameda County Flood Control District requirements. If there is a
conflict between City and County Flood Control requirements the Director of Public Works/City
Engineer shall determine which requirements shall apply.
DUST:
28. Areas undergoing grading, and all other construction activities, shall be watered, or other dust-palliative,
measures may be used, to control dust, as conditions warrant or as directed by the Director of Public
Works/City Engineer/City Engineer.
NPDES:
General Construction:
29. For projects disturbing five (5) acres or more the applicant shall submit a Storm Water Pollution
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Prevention Plan (SWPPP) for review by the City prior to the issuance of any building or grading permits.
The SWPPP shall be implemented by the general contractor and all subcontractors and suppliers of
material and equipment. Construction site cleanup and control of construction debris shall also be
addressed in the SWPPP . The developer is responsible for complying with the SWPPP. Failure to do so
will result in the issuance of correction notices, citations or a project stop work order. For projects
disturbing less than five (5) acres an erosion control plan shall be submitted with the grading plan.
30. Prior to the commencement of any clearing, grading or excavation resulting in a land disturbance greater
than five acres, the developer shall provide evidence that a Notice of Intent (NOI) has been sent to the
California State Water Resources Control Board. A copy of the SWPPP shall be kept at the construction
site at all times.
31. Between October 1 and April 15 unvegetated graded slopes which drain to desilting basins shall be, at a
minimum, protected by hydroseed mulch and silt fencing. Slopes not draining to a desilting basin, at a
minimum, shall be seeded then covered with a 100% biodegradable straw fiber erosion control blanket.
Silt fencing shall be installed at each bench and along the toe of slope. The developer shall be
responsible for providing any addition slope protection which may be needed to prevent silting of natural
water courses and storm drainage facilities..
32. Construction access routes shall be limited to those approved by the Director of Public Works/City
Engineer/City Engineer and shall be shown on the approved grading plan.
33. Gather all construction debris on daily and place them in a covered dumpster or other container which is
emptied or removed on a weekly basis. A secondary containment berm shall be constructed around the
dumpster. When appropriate, use tarps on the ground to collect fallen debris or splatters that could
contribute to storm water pollution.
34. Remove all debris from the sidewalk, street pavement and storm drain system adjoining the project site
daily or as required by the City inspector. During wet weather, avoid driving vehicles off paved azeas.
35. Broom sweep the sidewalk and public street pavement adjoining the project site on a daily basis. Caked
on mud or dirt shall be scraped from these areas before sweeping.
36. Install filter materials (e.g. gravel filters, filter fabric, etc.) at all on-site storm drain inlets and existing
inlets in the vicinity of the project site prior to:
1) start of the rainy season (October 15)
2) site dewatering activities,
3) street washing activities,
4) saw cutting asphalt or concrete
Filter materials shall be cleaned or replaced as necessary to maintain effectiveness and prevent street
flooding. Dispose of filter particles in an appropriate manner.
37. Create a contained and covered area on the site for the storage of bags of cement, paints, flammable, oils,
fertilizers, pesticides or any other materials used on the project site that have the potential for being
discharged to the storm drain system. Never clean machinery, tools, brushes, etc. or rinse containers into
a street, gutter, storm drain or stream. See "Building Maintenance/Remodeling" flyer for more
information.
38. Concrete/gunite supply trucks or concrete/plasters or similaz finishing operations shall not dischazge
wash water into street gutters or drains.
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39. Minimize the removal of natural vegetation or ground cover from the site in order to reduce the potential
for erosion and sedimentation problems. All cut and fill slopes shall be stabilized as soon as possible
after completion of grading. No site grading shall occur between October 15 and April 15 unless detailed
erosion control plan reviewed by the Director of Public Works/City Engineer/City Engineer and
implemented by the contractor.
40. Fueling and maintenance of vehicles shall be done off-site unless an approved fueling and maintenance
azea has been approved as part of the SWPPP.
CommerciaUlndustrial Developments:
41. The project plans shall include storm water pollution prevention measures for the operation and
maintenance of the project for the review and approval of the Director of Public Works/City
Engineer/City Engineer. The project plan shall identify Best Management Practices (BMPs) appropriate
to the uses conducted on-site to effectively prohibit the entry of pollutants into storm water runoff.
42. The project plan BMPs shall also include erosion control measures described in the latest version of the
ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices
Handbook, to prevent soil, dirt and debris from entering the storm drain system.
43. The developer is responsible for ensuring that all contractors are aware of, and implement, all storm
water pollution prevention measures. Failure to comply with the approved construction BMPs will result
in the issuance of correction notices, citations and/or a project stop order.
44. All washing and/or steam cleaning must be done at an appropriately equipped facility which drains to the
sanitary sewer. Any outdoor washing or pressure washing must be managed in such a way that there is
no discharge of soaps or other pollutants to the storm drain system. Wash waters should discharge to the
sanitary sewer. Sanitary connections are subject to the review, approval, and conditions of the Dublin-
San Ramon Services District (DSRSD).
45. All loading dock areas must be designed to minimize "run-on" to or runoff from the area. Accumulated
waste water that may contribute to the pollution of storm water must be drained to the sanitary sewer, or
filtered for ultimate discharge to the storm drain system. BMPs should be implemented to prevent
potential storm water pollution. Implement appropriate BMPs such as, but not limited to, a regulaz
program of sweeping, litter control and spill clean-up.
46. All metal roofs and roof mounted equipment (including galvanized), shall be coated with crust-inhibitive
paint.
47. Trash enclosures and/or recycling azea(s) must be completely covered; no other area shall drain onto this
area. Drains in any wash or process area shall not dischazge to the storm drain system. Drains should
connect to the sanitary sewer. Sanitary connections are subject to the review, approval, and conditions of
the DSRSD.
48. All paved outdoor storage areas must be designed to eliminate the potential for runoff to carry pollutants
to the storm drain system. Bulk materials stored outdoors may need to be covered and contained as
required by the Director of Public Works/City Engineer/City Engineer.
49. All landscaping shall be properly maintained and shall be designed with efficient irrigation practices to
23
reduce runoff, promote surface filtration, and minimize the use of fertilizers and pesticides which
contribute to runoff pollution.
50. Sidewalks and pazking lots must be swept weekly, at a minimum, to prevent the accumulation of litter
and debris. If pressure washed, debris must be trapped and collected to prevent entry to the storm drain
system. No cleaning agent may be discharged to the storm drain. If any cleaning agent or degreaser is
used, wash water shall not discharge to the storm drains; wash waters should be collected and discharged
to the sanitary sewer. Dischazges to the sanitary sewer are subject to the review, approval and conditions
of the DSRSD.
51. A structural control, such as an oil/water separator, sand filter, or approved equal, may be required to be
installed, on site, to intercept and pre-treat storm water prior to dischazging to the storm drain system.
The design, location, and a maintenance schedule must be submitted to the Director of Public Works/City
Engineer/City Engineer for review and approval prior to the issuance of a building permit.
52. Restaurants must be designed with contained areas for cleaning mats, equipment and containers. This
wash area must be covered or designed to prevent "run-on" to, or runoff from, the area. The area shall
not discharge to the storm drains; wash waters should drain to the sanitary sewer, or collected for
ultimate disposal to the sanitary sewer. Employees must be instructed and signs posted indicating that all
washing activities be conducted in this area. Sanitary connections are subject to the review, approval,
and conditions of the DSRSD.
53. Commercial Car Washes: No wash water shall discharge to the storm drains. Wash waters should
discharge to the sanitary sewer. Sanitary connections are subject to the review, approval, and conditions
of the DSRSD.
54. Vehicle/Eauinment Washers: No vehicle or equipment washing activity associated with this facility shall
dischazge to the storm drain system. Wash areas should be limited to areas that drain to the sanitary
sewer collection system, or the wash water collected for ultimate disposal to the sanitary sewer. This
wash azea must be covered and designed to prevent "run-on" to, and runoff from, the area. A sign must
be posted indicating the designated wash area. Sanitary connections are subject to the review, approval
and conditions of the DSRSD.
55. Fuel dispensing areas must be paved with concrete extending a minimum of 8'-0" from the face of the
fuel dispenser and a minimum of 4'-0" from the nose of the pump island. Fuel dispensing azeas must be
degraded and constructed to prevent "run-on" to, or runoff from, the area. Fuel dispensing facilities must
have canopies; canopy roof down spouts must be routed to prevent drainage flow through the fuel
dispensing azea. The facility must have a spill cleanup plan. The fuel dispensing area must be dry swept
routinely. Dispensing equipment must be inspected routinely for proper functioning and leak prevention.
56. All on-site storm drain inlets must be labeled "No Dumping-Drains to Bay" using an approved methods.
57. All on-site storm drains must be cleaned at least twice a year; once immediately prior to the rainy season
(October 15) and once in January. Additional cleaning may be required by the Director of Public
Works/City Engineer/City Engineer.
Residential:
58. The project plans shall include storm water pollution prevention measures (SWPPP) for the operation and
maintenance of the project subject to the review of the Director of Public Works/City Engineer/City
24
Engineer. The SWPPP shall identify Best Management Practices (BMPs) appropriate to residential
construction activities conducted on-site to effectively prohibit the entry of pollutants into storm water
runoff.
59. The SWPPP shall include erosion control measures to prevent soil, dirt and debris from entering the
storm drain system, in accordance with the regulations outlined in the most current version of the ABAG
Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook.
60. The applicant is responsible for ensuring that all contractors, subcontractors, and suppliers are aware of,
and implement, all storm water quality measures and implement such measures. Failure to comply with
the approved construction BMPs will result in the issuance of correction notices, citations and/or a
project stop order.
61. All on-site storm drain inlets must be labeled "No Dumping -Drains to Bay" using an approved methods.
62. All metal roofs and roof mounted equipment (including galvanized) shall be coated with arust-inhibitive
paint.
63. Trash enclosures and/or recycling azea(s) must be completely covered; no other azea shall drain onto this
area. Drains in any wash or recycling azea shall not discharge to the storm drain system. Drains should
connect to the sanitary sewer. Sanitary connections are subject to the review, approval and conditions of
the DSRSD.
64. When a common azea car wash is provided, no wash water shall discharge to the storm drain system.
The car wash area should drain to the sanitary sewer. The area must be covered and designed to prevent
excess rainwater from entering the sanitary sewer. Contact the local permitting authority and POTW for
specific connection and discharge requirements. If no common caz wash area exists, means should be
taken to discourage car washing, e.g., removing hose bibs and installing signs.
65. The applicant shall record CC&R's at the time of filing the final map which shall create a property
owners association for the development. The CC&R's shall be subject to the review and approval of the
City Attorney. Where not covered by a landscape and lighting district, the homeowner's association shall
be responsible for implementing all storm water measures and the maintenance of all private streets,
private utilities, and other common areas and facilities on the site, including all landscaping.
Landscaping shall be designed with efficient irrigation to reduce runoff and promote surface filtration and
minimize the use of fertilizers and pesticides which can contribute to urban runoff pollution.
GENERAL DESIGN
66. The developer is responsible for the construction site and construction safety.
67. The minimum width for the private roads with pazking on one side shall be 33 feet or as otherwise
approved by Director of Public Works.
68. A cul-de-sac or turnazound at or near the end of all dead-end private roads.
69. All public sidewalks must be within City right-of--way or in a pedestrian easement except as specifically
approved by the Director of Public Works/City Engineer/City Engineer.
70. Special paving or concrete paving a minimum of ten feet wide shall be installed across private streets
25
where they intersect public streets. No special paving or concrete paving will be allowed in public
streets.
71. All of the plans, including Improvement and Grading Plans, and subdivision maps, must be designed to
the City of Dublin's standazds plans and specifications, policies and requirements using standard City
title block and format. The grading plan design must based on the approved soil reports. In addition to
the civil engineer, a soils engineer must sign the grading plans. The soils engineer or his technical
representative must be present at all times during grading. All engineering plans must be designed and
signed by a Registered Civil Engineer. Plans are subject to the review and approval of the Director of
Public Works, and after his approval, original mylazs or photo mylazs with three sets of blue prints must
be submitted to the City.
72. The minimum uniform street gradient shall be 1%. The structure design of the road shall be subject to
approval of the Director of Public Works. Parking lots shall have a minimum gradient of 1% and a
maximum gradient of 5%.
73. No cut and fill slopes shall exceed 2:1 unless recommended by the project soils engineer and approved by
the Director of Public Works/City Engineer/City Engineer. Slopes shall be graded so that there is both
horizontal and vertical slope variation where visible from public azeas and the top and bottom of slopes
shall be rounded in order to create or maintain a natural appeazance.
74. All residential building pad elevations must be above the 100-yeaz flood level.
75. In the 100-year Flood Hazard Zone, all residential units shall have their finished floor elevation a
minimum of one foot (1') above the 100-year flood level. Commercial buildings shall either provide
flood-proofing, or have their finished floor elevation above the 100-year flood level.
76. A registered civil or structural engineer shall design all retaining walls over three feet in height (or over
two feet in height with a surcharge) and a building permit shall be required for their construction. A
maintenance and inspection program shall be implemented by the developer or homeowners' association
for the periodic inspection and maintenance of all retaining walls that could possibly affect the public
right-of--way.
77. Minimum sight distance for public streets, including intersection sight distance, shall meet the
CALTRANS Highway Design Manual.
78. Prior to filing for building permits, precise plans for street improvements, grading, drainage (including
size, type and location of drainage facilities both on and off-site) and erosion and sedimentation control
shall be submitted and subject to the review and approval of the Director of Public Works/City
Engineer/City Engineer.
79. The soils report for the project shall include recommendations 1) for foundations, decks, and other
miscellaneous structures, 2) for design of swimming pools, and 3) for setbacks for structures from top
and toes of slopes. Additionally, the soils report shall include a professional opinion as to safety of the
site from the hazazds of land slippage, erosion, settlement and seismic activity.
80. The Contractor shall be responsible for acquiring permits required by other agencies. (Fish & Game,
Army Corps of Engineers, Zone 7, Etc.)
81. The ApplicanUDeveloper and Applicant/Developer's representatives (engineer, contractor, etc.) must
26
meet and follow all of the City's requirements and policies, including the Urban Runoff Program and
Water Efficient Landscape Ordinance.
EASEMENTS:
82. The Developer shall acquire easements, and/or obtain rights-of--entry from the adjacent property owners
for improvements required outside of the subdivision. The easements and/or rights-of--entry shall be in
writing and copies shall be furnished to the Director of Public Works/City Engineer/City Engineer.
EROSION:
83. Prior to any grading of the site and filing of the Final Map or Parcel Map, a detailed construction
grading/erosion control plan (including phasing); and a drainage, water quality, and erosion and
sedimentation control plan, for the post-construction period, both prepazed by the Project Civil Engineer
and/or Engineering Geologist; shall be approved by the Director of Public Works/City Engineer/City
Engineer. Said plans shall include detailed design, location, and maintenance criteria, of all erosion and
sediment control measures. The plans shall provide, to the maximum extent practicable, that no increase
in sediment or pollutants from the site will occur. The post-construction plan shall provide for long-term
maintenance of all permanent erosion and sediment control measures such as slope vegetation. The
construction grading/erosion control plan shall be implemented in place by October 15th and shall be
maintained in place until April 15th unless otherwise allowed in writing by the City Engineer. It shall be
the developer's responsibility to maintain the erosion and sediment control measures for the yeaz
following acceptance of the subdivision improvements by the City Council.
FINAL MAP /PARCEL MAP:
84. Prior to filing the Final Map or Pazcel Map, precise plans and specifications for street improvements,
grading, drainage (including size, type, and location of drainage facilities both on- and off-site), and
erosion and sedimentation control, shall be approved by the Director of Public Works/City Engineer/City
Engineer.
85. Submit three (3) sets of approved blueprints and approved original mylazs or photo mylazs of
improvement plans, grading plans, and recorded Final/Pazcel Map to the City of Dublin Public Works
Department. Upon completion of construction, the City's mylaz shall be modified to an "as-built" plan
(mylaz) prepared by a Registered Civil Engineer. A declaration by a Civil Engineer and Soils Engineer
that all work was done under his supervision and in accordance with recommendations contained in the
soils report shall be submitted to the Public Works Department.
86. For storm drains outside the public right-of--way a "Storm Drain Easement" or "Private Storm Drain
Easement" shall be dedicated on the final map.
87. Provide an access road and turn around and maintenance easement to storm drainage detention facilities
and trash racks.
88. A current title report and copies of the recorded deed of all parties having any recorded title interest in the
property to be divided, copies of the deeds and the Final/Pazcel Maps for adjoining properties and
easements shall be submitted at the time of the submittal of the final subdivision maps.
89. Existing and proposed access and public utility easements shall be submitted for review and approval by
the Director of Public Works/City Engineer/City Engineer prior to approval of the Final/Parcel Map.
27
These easements shall allow for vehiculaz and utility service access.
90. A 10-foot public service easement (6-foot on residential streets) shall be shown on the Final/Pazcel Map
along all street frontages, in addition to all other easements required by the utility companies or
governmental agencies.
91. All street dedications shall include working easements for slope maintenance.
92. The boundary of all lots and the exterior boundary of the Subdivision, as well as the centerline of the
streets, shall be survey monumented. At least three (3) permanent benchmarks shall be established.
Plats and elevation data shall be provided to the City in a form acceptable to the Director of Public
Works/City Engineer/City Engineer .
FIRE:
93. Install fire hydrants at the locations approved by the Dougherty Regional Fire Authority in accordance
with the standards in effect at the time of development. A raised blue reflectorized traffic marker shall
be epoxied to the center of the paved street opposite each hydrant.
94. All materials and workmanship for fire hydrants, gated connections, and appurtenances thereto,
necessary to provide water supply for fire protection, must be installed by the developer and conform to
all requirements of the applicable provisions of the Standazd Specifications of Dublin San Ramon
Services District and Dougherty Regional Fire Authority. All such work will be subject to the joint field
inspection of the Director of Public Works/City Engineer/City Engineer and Dublin San Ramon
Services District.
95. Fire access roads must be designed, constructed, and gated to the satisfaction of the Director of Public
Works/City Engineer/City Engineer and to the Dougherty Regional Fire Authority.
96. The improvement plans must be approved by the Dougherty Regional Fire Authority, as indicated by
their signature on the title sheet.
FRONTAGE IMPROVEMENTS:
97. Dedication of land shall be made to the City of Dublin such that it conveys land sufficient for the
approved streets' right-of--way. Improvements shall be made, by the applicant, along all streets within
the development and as required off-site including curb, gutter, sidewalk, paving, drainage, and work on
the existing paving, if necessary, from a structural or grade continuity standpoint.
FUTURE CONFORMANCE:
98. The design and improvements of the Subdivision shall be in conformance with the design and
improvements indicated graphically, or as modified by the Conditions of Approval. The improvements
and design shall include street locations, grades, alignments, and widths, the design of storm drainage
facilities inside and outside the Subdivision, grading of lots, the boundazies of the Tract, and shall show
compliance with City standards for roadways.
GRADING:
99. Grading shall be designed in conformance with the approved tentative map. The grading plan shall
28
incorporate the recommendations of the soil report. The grading plan shall conform with the City
specifications and ordinances, City policies and the Uniform Building Code (UBC). In case of conflict
between the soil engineer's recommendations and City ordinances the City Engineer shall determine
which shall apply.
100. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall
be installed and service connections stubbed out to property lines. Public utilities, Cable TV, sanitary
sewers, and water lines, shall be installed in a manner which will not disturb the street pavement, curb,
gutter and sidewalk, when future service connections or extensions are made. All public and private
utilities shall be undergrounded.
101. Grading shall be done under the continuous inspection of the Project Soils Engineer. Grading shall be
completed in compliance with the construction grading plans and recommendations of the Project Soils
Engineer and/or Engineering Geologist, and the approved erosion and sedimentation control plan, and
shall be done under the supervision of the Project Soils Engineer and/or Engineering Geologist, who
shall, upon its completion, submit a declaration to the Director of Public Works/City Engineer/City
Engineer that all work was done in accordance with the recommendations contained in the soils and
geologic investigation reports and the approved plans and specifications. Inspections that will satisfy
final subdivision map requirements shall be arranged with the Director of Public Works/City
Engineer/City Engineer.
102. If grading is commenced prior to filing the Final Map or Parcel Map, a surety or guarantee shall be filed
with the City of Dublin. The surety shall be equal to the amount approved by the City Director of Public
Works/City Engineer/City Engineer as necessary to insure restoration of the site to a stable and erosion
resistant state if the project is terminated prematurely.
103. Any grading, stockpiling, storing of equipment or material on adjacent properties will require written
approval of those property owners affected. Copies of the rights-of--entry shall be furnished to the
Director of Public Works/City Engineer/City Engineer prior to the start of work.
104. Street grades shall be designed and built in accordance with the General Plan, unless otherwise approved
by the Director of Public Works/City Engineer/City Engineer.
105. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials, and
debris.
106. Where soil or geologic conditions encountered in grading operations are different from that anticipated
in the soil and geologic investigation report, or where such conditions warrant changes to the
recommendations contained in the original soil investigation, a revised soil or geologic report shall be
submitted for approved by the Director of Public Works/City Engineer/City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of the site from hazards of land
slippage, erosion, settlement, and seismic activity.
107. .Landslide and erosive areas outlined in the geotechnical investigation report shall be shown on the
improvement/grading plans or plans which are part of improvement/grading plans. The plans shall show
the method for repair of these areas as stated in the geotechnical investigation.
108. Grading plans shall indicate the quantity of soil that must be imported or off-hauled. If soil must be
imported or off-hauled, the Applicant shall submit details as to how it will be done and routes of travel
for the Director of Public Works/City Engineer/City Engineer's approval.
29
109. All unsuitable material found at the site shall be removed from the site or stockpiled for later use in
landscape azeas.
110. Grading within a designated open space azea shall be limited to that grading which is necessary for
construction of the roadways traversing the open space and any approved development.
111. All cut and fill slopes shall be revegetated with native shrubs, trees and grasses subject to review and
approval of the Planning Director and Director of Public Works/City Engineer/City Engineer. A
revegetation plan for replanting graded slopes and replacing the amount of woodlands lost due to
grading shall be prepared. Enhanced revegetation techniques shall be employed to ensure the success of
the revegetation. Examples of enhancements to the revegetation plan include irrigating the young
plants, placing top soil on fill slopes, using special planting techniques such as drilling into fill slopes to
allow root penetration, and planting at a density similaz to the native woodlands in the ripazian corridors.
112. All landslides which effect any structures or roads or other improvements shall be maintain by Geologic
Hazards Abatement District (GHAD). The developer or homeowners' association are responsible for
financing the GHAD. The administration of the GHAD is to be determined at the Final Map stage.
113. A minimum 20 foot bench/maintenance road with concrete V-ditch shall be constructed at the bottom of
slopes where open space abuts private property.
114. The project civil engineer shall certify that the finished graded building pads aze within ± 0.1 feet in
elevation of those shown on approved plans.
HANDICAPPED ACCESS:
115. Handicapped ramps and parking shall be provided as specified in the American Disability Act (ADA).
IMPROVEMENT PLANS, AGREEMENTS. AND SECURITIES:
116. Obtain copies of and comply with conditions as noted on "City of Dublin General Notes on Improvement
Plans" and "City of Dublin Improvement Plan Review Check List."
117. All improvements within the public right-of--way, including curb, gutter, sidewalks, driveways, paving,
and utilities, must be constructed prior to occupancy and in accordance with approved City Standards
and/or Plans.
118. The Applicant/Developer shall enter into an improvement agreement with the City for all improvements.
119. Complete improvement plans, specifications, and calculations shall be submitted to, and be approved by,
the Director of Public Works/City Engineer/City Engineer and other affected agencies having jurisdiction
over public improvements, prior to execution of the Subdivision Improvement Agreement. Improvement
plans shall show the existing and proposed improvements along adjacent public street(s) and property
that relate to the proposed improvements.
120. The developer shall have their engineer provide the City AutoCAD electronic copies of the Improvement,
Grading and Storm Drain plans along with the Final Map which is tied to the City's existing mapping
coordinates if available.
30
121. The Developer shall enter into an Improvement Agreement with the City for all subdivision
improvements prior to issuance of improvement permit. Complete improvement plans, specifications
and calculations shall be submitted to, and approved by, the Director of Public Works/City Engineer/City
Engineer and other affected agencies having jurisdiction over public improvements prior to execution of
the Improvement Agreement. Improvement plans shall show the existing and proposed improvements
along the adjacent public street and property that relate to the proposed improvements.
122. All required securities, in an amount equal to 100% of the approved estimates of construction costs of
improvements, and a labor and material security, equal to 50% of the construction cost, shall be
submitted to, and be approved by, the City and affected agencies having jurisdiction over public
improvements, prior to execution of the Subdivision Improvement Agreement.
MAINTENANCE OF COMMON AREA:
123. Maintenance of common areas, including ornamental landscaping, graded slopes, erosion control
plantings and drainage, erosion and sediment control improvements, shall be the responsibility of the
developer during construction stages and until final improvements aze accepted by the City Council and
the securities are released (one year after improvements are accepted). Thereafter, maintenance shall be
the responsibility of a homeowners' association or individual property owners, in accordance with the
project CC&Rs.
MISCELLANEOUS:
124. Copies of the Final Map and improvement plans, indicating all lots, streets, and drainage facilities within
the subdivision shall be submitted at 1" = 400` scale, and 1" = 200' scale for City mapping purposes.
125. The developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to
construction activities.
126. All construction traffic and parking may be subject to specific requirements as determined by the
Director of Public Works/City Engineer/City Engineer.
127. The developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and
employees, from any claim, action, or proceeding against the City of Dublin or its agents, officers, or
employees, to attack, set aside, void, or annul, an approval of the City of Dublin or its advisory agency,
appeal board, or legislative body concerning a subdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the State of California. The City of Dublin
shall promptly notify the developer of any claim, action, or proceedings.
128. In submitting subsequent plans for review and approval, each set of plans shall have attached an
annotated copy of the project's conditions of approval. The notations shall clearly indicate how all
conditions of approval will be complied with. Construction plans will not be accepted without the
annotated conditions attached to each set of plans. The Applicant will be responsible for obtaining the
approval of all participating non-City agencies prior to the issuance of building permits.
PERMIT:
129. Applicant shall obtain Caltrans' approval and permit for any work performed within their right-of--way or
impacting their facilities.
31
130. An encroachment permit shall be secured from the Director of Public Works/City Engineer/City Engineer
for any work done within the public right-of--way where this work is not covered under the improvement
plans.
131. The developer and/or their representatives shall secure all necessary permits for work including, but not
limited to, grading, encroachment, Fish and Game Department, County Flood Control District, Corps. of
Engineers and State water quality permits and show proof of it to the City of Dublin, Department of
Public Works.
132. Prior to issuance of the grading permit, visually important trees shall be tagged in the field. After the
staking of the daylight lines but prior to the start of grading, protective fencing shall be installed around
the trees, subject to approval of the Director of Public Works/City Engineer/City Engineer.
NOISE:
133. Construction and grading operations, including the maintenance and warming of equipment, shall be
limited to weekdays, Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and
5:30 p.m. The Director of Public Works may approve days and hours beyond the above mentioned days
and hours. The developer is responsible for the additional cost of the Public Works inspectors' overtime.
134. During the construction, noise control and construction traffic mitigation measures within residential
neighborhoods or on public streets must be taken to reduce noise and use of public streets by construction
traffic as directed by Public Works officials.
PARKLAND DEDICATION:
135. Pazk land shall be dedicated or in-lieu fees shall be paid, or a combination of both shall be provided prior
to issuance of building permits or prior to recordation of the Final Map or Parcel Map, whichever occurs
first, in accordance with the Subdivision Ordinance.
STREETS:
136. The street surfacing shall be asphalt concrete paving. The Director of Public Works/City Engineer shall
review the project's Soils Engineer's structural pavement design. The developer shall, at his sole expense,
make tests of the soil over which the surfacing and base are to be constructed and furnish the test reports
to the Director of Public Works/City Engineer. The Developer's soils engineer shall determine a
preliminary structural design of the road bed. After rough grading has been completed, the developer
shall have soil tests performed to determine the final design of the road bed. In lieu of these soil tests, the
road may be designed and constructed based on an R-value of 5.
STREET LIGHTS:
137. Street light standazds and luminazies shall be designed and installed per approval of the Director of
Public Works. The maximum voltage drop for street lights is 5%.
138. Properties shall be annexed to the Street Lighting Maintenance Assessment District.
32
STREET SIGNS:
139. The developer shall furnish and install street name signs, bearing such names as are approved by the
Planning Director, and traffic safety signs in accordance with the standards of the City of Dublin.
Addresses shall be assigned by the City Building Official.
140. Street names shall be submitted and processed through the Planning Department and shall be indicated on
the Final Map.
141. The Developer shall furnish and install street name signs, in accordance with the standards of the City of
Dublin, beazing such names as are approved by the City. The developer shall furnish and install traffic
safety signs in accordance with the standards of the City of Dublin.
STREET TREES:
142. Street trees, of at least a 15-gallon size, shall be planted along the street frontages. Trees shall be planted
in accordance with a planting plan, including tree vazieties and locations, approved by the Planning
Director and Director of Public Works. Trees planted within, or adjacent to, sidewalks or curbs shall be
provided with root shields.
TRAFFIC:
143. The City of Dublin is currently studying the adoption and implementation of a regional traffic impact fee
for roadway and street improvements in the Tri-Valley area. This fee will provide for Public Works
projects to improve traffic circulation for accommodating new development within the City. If a regional
traffic impact fee ordinance is approved and enacted prior to issuance of any building permits, the
Applicant shall pay its fair share of this regional traffic impact fee.
144. All new traffic signals shall be interconnected with other new signals within the development and to the
existing City traffic signal system by hazd wire. In addition, conduits with pull ropes shall be installed
along the. project frontage to accommodate future extension of the interconnect system. The extent of
this work shall be determined by the Director of Public Works/City Engineer/City Engineer.
145. Multi-family and non-residential facilities shall provide bike racks. In addition commercial and office
centers shall provide car and van pool preferential parking spaces as required by the Director of Public
Works/City Engineer/City Engineer.
146. Non-residential facilities shall provide pedestrian access from the public street to building entrances as
required by the Director of Public Works/City Engineer/City Engineer.
UTILITIES:
147. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each lot in
accordance with the City policies and existing ordinances. All utilities shall be located and provided
within public utility easements and sized to meet utility company standazds. All utilities to and within
the project shall be undergrounded.
148. Prior to the filing of the Final Map or Parcel Map, the developer shall furnish the Director of Public
Works/City Engineer with a letter from Dublin San Ramon Services District (DSRSD) stating that the
33
District has agreed to furnish water and sewer service to each of the dwelling units and/or lot included on
the Final Map of the subdivision.
149. The Dublin San Ramon Services District shall review and approve the improvement plans as evidenced
by their representative's signature on the Title Sheet.
150. Any relocation of improvements or public facilities shall be accomplished by the developer and at no
expense to the City.
WATER:
151. Water facilities must be connected to the DSRSD system, and must be installed at the expense of the
developer, in accordance with District standazds and specifications. All material and workmanship for
water mains, and appurtenances thereto, must conform with all of the requirements of the officially
adopted Water Code of the District and will be subject to field inspection by the District.
152. Any water well, cathodic protection well, or exploratory boring shown on the map, that is know to exist,
is proposed, or is located during the course of field operations, must be properly abandoned, backfilled,
or maintained in accordance with applicable groundwater protection ordinances. For additional
information contact Flood Control, Zone 7 .
153. Developer shall design, incorporate, and institute water conservation measures for the entire project.
Refer to "Water Efficient Landscape Ordinance # 18-92."
154. Developer shall design and provide infrastructure for recycled water use for landscaping in accordance
with DSRSD and to the satisfaction of the Public Work Director.
155. Developer shall design and construct the water and sewer system in accordance with the DSRSD
requirements.
:pa00-009/Black Mountain SDR
34
uv u vl,a,~ nnl.ll 1.1 .~
'' - UNI\'ERSITT OF C.9LIFURII.
COOPERATIVE ESTE~SIO\
HORTICULTURE AD\'ISOH EMERITUS
HORTICULTUR:IL CO\SULTd\T
3Ii531 :\CACIA STREET R ~ C E D
FRE?IOX1; CA 94536 ~ ~ V
`!I'I .~ i?~rj .
July 5. 198$ avBLW P~NNlNG
John R. DeHorn
W31.sey & Ham
637?-Clark Ave., Site 100
Dublin. CA 94$68
1415) 793-71P,.5
Regarding Horticulture Report of Development Tracts $072,$073 and
$074, Dublin. Ca13Sornia.
IIseful factual and back round information relevant to the trees on
tracts 5072, 5073 and $07 Dublin.
t.. The trees are Va71ey oak (Qu=rcus lobate,} blue oak (k. douglasii,)
coast live oak (Q. agrifolia,) and California bzy laurel (Umbellularia
californica.)
2. The soils are generally shallow; less than 4 feet deep, and the roots
are also shallow, most often in the 12. to tf3-inch depth (in the
A soil horizon.) The broad flat tops of the tree indicate a sha7-low
soil.
3. The dark, blackish soil (Dublin clay) holds the most water, has the
best strncture for trees, is the most fertile sci.l of the area. and
the one allowing the greatest rooting depth and best tree growth.
4. These trees are all old, but not senescent, and are in good condition.
They are, however. is balance with soil -climate conditions as they
exist. They are often intolerant of changing conditions, ssch as
artificial irrigation, extensive pruning and changes iu the natural
availability of soil moisture. -
$. Although it is impossible to know all the effects o£ the soil
.environmental changes which may occur and how they wiJ.I affect the
trees, there is ample evidence in the surrounding hilly areas to
.indicate that these Id.nds of trees in this conaition can survive
very well is the presence of this kind of develognent,
Tract 0 2
tree refer to map)'
® 1. Blue oak _ on a steep bank, Ho constnlction near it planned.. Some
corrective pruai-ng suggested for aesthetic purooses. Le2.ve alone,
~~aanr 3
~~' t 2.
/ ,
2. Coast live oak. FY.fteen feat tall, forty across. Tree has extensive
shallow rooting pattern, probably on shallow top soil. Rooting
pattern probably follows contour, and downward to creek. Probably
0 fearer roots uphill. Construction (lot 6). suggests grade change and
construction to near the tree trunk. Because of this, there is a
better than 50~ probability that this tree will suffer loss of water
and oxygen to the roots and a loss of essential roots. Its ability
to remain in an upright position, however, is not in jeopardy,
I suggest an attempt be made to keep all. construction activities
outside the drip line, and not prone the tree in aqy way at this tis!e.
(A light pruning to remove stubby, dead limbs later may be in order.)
A preliminary survey of the three tracts indicated that tits tree is
probably the on],y one that may be in serious jeopardy.
Tract 5073 -
tree group 3
O The blae oaks in lots 1 and 3 are exceptionally fiae specimens. The
.root systems of these trees uadoubtedly extend into the construction
area of lot 3, but the percentage should be lox; the bulk of the root
3~9tei¢9 follows the contour and the ground adjacent to the stream
channel, but there should be deep roots.. too. So these trees should
survive well, if excessive suammer water is prohibited from entering the
area of the roots, It is also imperative that there is enough ground
left open for rainfall to penetrate the soil inhabited by the roots.
Note - Regarding the erosion, starting on lots ~ and 4, it will be best
Candled by diverting the water-_(1) in a closely controlled channel such
as a pipe or lined surface drain, or (2) spreading it out on a grassy
slope. The eroded gully should be filled, not by borrowing soil from the
adjacent area and loss of top soil, but by a series of small wing dams
or by boulders. Some farmers have used old tires successfully.
tree group 4
The blue and live oaks are magnificent specimens, srorth preserving.
They are all on a steep slope and their root systems, like the others,
are not 13kely to significantly inhabit the leveled site above. This
site is highly erodible, however, so efforts should be made to not
allow the sail to be loaded np with water by providing non-concentrated
or controlled drainage...-These trees impinge upon lots 6,'7, $, 9,
and t 0.
Tract 3074
tree group ~
y The live oaks and the few bay laurel trees along the border of this
tract era line specimens, on a north-Pacing steep slope leading to a
creek.' These trees aze receiving more water than the others (note the
abundant foliage and close grouping.} probably due to the clay soil
which holds more water, the reduced transpiration an this north facing,
and the proximity to the creek. These trees impinge upon lots 1 , 4, 4 and
$. 9. 10, 11 and i2, The large double-trunk live oak on lot 10 may be
p 9UT$
in a hazardrnis position if construction comes closer than the drip
line; its roots do extend on and near the surface up the slope and
into the construction area of the lot. Gore should be taken in
construction to avoid tearing off roots larger than 3 inches diameter;
these shon].d be cleanly cut with a hand saw. No further treatment of
them would be beneficial.
I hope this report is useful.
Sincerely,
~f ~~~
Dong~as~ilton
P. 5. Please let me know if you would like your maps returned. I
will be glad to bring than over. Also, there was a key stuck in the
gate post when I left. I didn't use it.
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H
PREPARED FOR
Black Mountain Development
12 Crow Canyon Court, Suite 207
San Ramon, CA 94583
PREPARED BY
HortScience, Inc.
4125 Mohr Ave., Suite F ^
Pleasanton, CA 94566
November 2000
RECEIVED
UEC 0 4 2000
DUBLIN PLANNING
~N~.
HERITAGE TREE PROTECTION PLAN
Brittany Drive Estates, Tract 5073 •
Dublin, CA
Any 4
Heritage Tree Protection Plan
Brittany Drive Estates, Tract 5073
Dublin, CA
Table of Contents
Page
Introduction and Overview 2
Survey Methods 2
Description of Trees 3
Suitability for Preservation 4
Evaluation of Impacts and Recommendations for Preservation 6
Tree Preservation Guidelines 10
List of Tables and Exhibits
Table 1. Condition ratings and frequency of occurrence for trees 3
Table 2. Suitability for Preservation 5
Exhibit A: Evaluation of Impacts to Tree #340, 345 7
Exhibit B: Evaluation of Impacts to Trees #335, 341, 342 8
Exhibit C: Evaluation of Impacts to Tree #346 9
Attachments
Tree Pruning Specifications
Tree Survey Map
Tree Protection Fencing Plan
Tree Survey Form
Heritage Tree Protection Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
November 24, 2000 Page 2
Introduction and Overview
Black Mountain Development is proposing to develop six lots located on Brittany Drive
and one lot on Rolling Hills Dr. in Dublin, CA. The project encompasses portions on the
native oak woodland. The Tentative Tract map was approved by the City Council of
Dublin in 1985 in Resolution No. 82-85. That document requires preparation of a
horticukural report if project grading is performed within 25 feet of the dripline of trees.
Since that time a Heritage Tree Ordinance (No. 29-99) has been enacted that requires
preparation of a Heritage Tree Protection Plan. HortScience, Inc was asked to prepare
that report. This report provides the following information:
1. A survey of trees within the project boundaries.
2. An assessment of the impacts of constructing the proposed project on the trees.
3. Guidelines for tree preservation and protection during the design, construction
and maintenance phases of development.
Survey Methods
Trees were surveyed in July 2000. The survey included trees greater than 6" in diameter,
located within the project boundaries. The survey procedure consisted of the following
steps:
1. Identifying the tree as to species;
2. Tagging each tree with an identifying number;
3. Measuring the trunk diameter at a point 54" above grade.
4. Evaluating the health and structural stability using a scale of 1-5:
5 - A healthy, vigorous tree, reasonably free of signs and symptoms of
disease, with good structure and form typical of the species.
4 -Tree with slight decline in vigor, small amount of twig dieback, minor
structural defects that could be corrected.
3 -Tree with moderate vigor, moderate twig and small branch dieback,
thinning of crown, poor leaf color, moderate structural defects that
might be mitigated with regular care.
2-Tree in decline, epicormic growth, extensive dieback of medium to large
branches, significant structural defects that cannot be abated.
1-Tree in severe decline, dieback of scaffold branches and/or trunk; most
of foliage from epicormics; extensive structural defects that cannot be
abated.
0 -Dead tree.
Heritage Tree Protection Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
November 24, 2000 Page 3
f
5. Rating the suitability for preservation as "good", "fair" or "poor". Suitability for
preservation considers the health, age and structural condition of the tree,
and its potential to remain an asset to the site for years to come.
r Good. Trees with good health and structural stability that have the
potential for longevity at the site.
' Fair. Trees with somewhat declining health and/or structuraj defects
than can be abated with treatment. The tree will require more
intense management and monitoring, and may have shorter life
span than those in 'good' category.
' Poor. Tree in poor health or with significant structural defects that
cannot be mitigated. Tree is expected to continue to decline,
regardless of treatment. The species or individual may have
characteristics that are undesirable for landscapes, and generally
are unsuited for use areas.
^ 6. Recording the tree's location on a map.
'~ Description of Trees
Twenty (20) trees were evaluated. Descriptions of each tree are found`in the Tree
Survey (see Attachments). A summary is_provided in Table 1. Tree locations are shown
by tag number on the Tree Survey Map (see Attachments).
The trees on the subject property are a portion of a small woodland associated with a
drainage course south of Brittany Dr. Two oak species were present on the south-facing
slope: the evergreen coast live oak, which comprised 20% of the population and the
deciduous valley oak with 80% of the population (Table 1). Two of the oaks were on a
west-facing slope off Rolling Hills Dr.
As is normal for native oak woodlands, a range of tree condition was present, from
I excellent to poor. Tree condition ranged from excellent to poor, although most (80%)
were in the good to fair category. Most were large, mature individuals. Tree size ranged
from 14" to 61"diameter single-franked trees. Average trunk diameter was 28". There
were six multiple-franked trees with individual trunks ranging in size from 6" to 40".
Table 1: Condition ratings and frequency of occurrence of trees at T. 5073
Common Name Scientific Name Condition Rating No. of
Good Fair Poor Trees
(4-5) (3) (1-2)
I Coast live oak Quercus agrifolia 1 1 2 4 (20%)
Valley oak Quercus lobata 7 7 2 16 (80%)
Total 8 8 4 20
40% 40% 20% 100%
Heritage Tree Protection Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
November 24, 2000 Paae '4
Heritage Trees
City of Dublin Ordinance No. 29-99 identifies "Heritage Trees" as being any of the
following:
i. Any oak, bay, cypress, maple, redwood, buckeye and sycamore tree having a
trunk of 24" or more in diameter measured 4.5' above natural grade.
2. A tree required to be preserved as part of an approved development plan, zoning
permit, use permit, site development review or subdivision map.
3. A tree required to be planted as a replacement for an unlawfully removed tree.
By definition #1,13 trees are Heritage. However, because the project was approved with
the trees at the Tentative Tract Map stage, all trees are now designated as Heritage by
definition #2.
Suitability for Preservation
Before evaluating the impacts that will occur during development, it is important to
consider the quality of the tree resdurce itself, and the potential for individual trees to
function well over an extended length of time. Trees that are preserved on development
sites must be carefully selected to make sure that they may survive development impacts,
adapt to a new environment and perform well in the landscape.
Our goal is to identify trees that have the potential for long-term health, structural stability
and longevity. For trees growing in open fields, away from areas where people and
property are present, structural defects and/or poor health presents a low risk of damage
or injury if they fail. However, we must be concerned about safety in use areas.
Therefore, where development encroaches into existing plantings, we must consider the
potential for trees to grow and thrive in a new environment as well as their structural
stability. Where development will not occur, the normal life cycles of decline, structural
failure and death should be allowed to continue.
Evaluation of suitability for preservation considers several factors:
^ Tree health
Healthy, vigorous trees are better able to tolerate impacts such as root injury,
demolition of existing structures, changes in soil grade and moisture, and soil
compaction than are non-vigorous trees.
^ Structural integrity
Trees with significant amounts of wood decay and other structural defects that
cannot be corrected are likely to fail. Such trees should not be preserved in areas
where damage to people or property is likely.
^ Species response
There is a wide variation in the response of individual species to construction
impacts and changes in the environment. Coast live oak has good construction,
while valley oak has moderate tolerance to impacts.
^ Tree age and longevity
Old trees, while having significant emotional and aesthetic appeal, have limited
physiological capacity to adjust to an altered environment. Young trees are better
able to generate new tissue and respond to change.
Heritage Tree Protection Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
November 24, 2000 Page 5
Each tree was rated for suitability for preservation based upon its age, health, structural
condition and ability to safely coexist within a development environment (see Tree Survey
Form). A summary is provided in Table 2.
Table 2: Suitability for Preservation of Trees in Tract 5073.
Good These are trees with good health and structural stability that have the
potential for longevity at the site. Eight (8) trees were rated as having
good suitability for preservation.
Tree No. Species Diameter
335 Valley oak 27, 23, 23
337 Valley oak 25, 16
340 Coast live oak 40, 26
346 Valley oak 31
350 Valley oak 31
352 Valley oak 28
353 Valley oak 19, 18, 15, 13
354 Valley oak 31
Moderate Trees in this category,have fair health and/or structural defects that
may be abated with treatment. Trees in this category require more
intense management and monitoring, and may have shorter life-
spans than those in the "good" category. Eight (8) trees were rated
as having moderate suitability for preservation.
Tree No. Species Diameter
(in.)
338 Valley oak 29
342 Coast live oak 41
343 Valley oak 14, 13, 12, 11, 6
344 Valley oak 33
347 Valley oak 25
348 Valley oak 17
349 Valley oak 61
351 Valley oak 17, 13
Low Trees in this category are in poor health or have significant defects in
structure that cannot be abated with treatment. These trees can be
expected to decline regardless of management. The species or
individual tree may possess either characteristics that are
undesirable in landscape settings or be unsuited for use areas. Four
(4) trees were rated as having low suitability for preservation.
Tree No. Species Diameter
(in.)
336 Valley oak 20
339 Coast live oak 22
341 Coast live oak 15
345 Valley oak 14
Heritage Tree Protection Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
November 24, 2000 Page 6
We consider trees with good suitability for preservation to be the best candidates for
preservation. W e do not recommend retention of trees with low suitability for preservation
in areas where people or structures will be present. Retention of trees with moderate
suitability for preservation depends upon the intensity of proposed site changes.
Evaluation of Impacts and Recommendations for Preservation
Appropriate tree retention develops a practical match between the location and intensity
of construction activities and the quality and health of trees. The Tree Survey Form was
the reference point for tree condition and quality. Potential impacts from construction
were evaluated using the Composite Site Plan (June 2000) and house layouts for lots 8
and 9 (June 5, 2000) prepared by RMR Design Group.
Potential impacts from construction were assessed for each tree. The project has been
designed to retain all trees. Normally we would not recommend retention of trees in poor
condition. However, because this is a native stand of oaks and the trees in poor condition
are downslope from the home areas, they can be retained.
Only trees along the north canopy edge will be impacted by construction. These include
trees #335, 342, 341, 340, 345 and 346. Construction will occur within the driplines of
trees #340 and 341. Impacts to those trees are described in Exhibits A and B. Field
staking of the house locations indicates that the homes will be approximately 34' from the
trunk centerlines of #340 and 342. Significant pruning will be required to create clearance
under tree #340. The tree can be preserved with a protection zone of 30' from the trunk.
Pruning to raise the canopies off the ground is recommended for trees #342, 345 and
346. Specifications for pruning are provided in the Attachments.
Roots of oaks typically extend for a long distance beyond the dripline. Construction of the
homes on lots 7, 8 and 9 will encroach into the root area. However,'we consider the
encroachment to be within the tolerance level of the adjacent trees. We expect no
observable reduction in plant growth or health from the construction. Fill placed outside
the driplines years ago when Brittany Drive was construction has had no observable
effect. A tree protection zone 30' from the trunks on the north side of #340-342, and at
the dripline of #335, 345, 346, 353 and 354 are adequate for their preservation. No
impacts to the trees will occur downslope from the trunks.
The rock outcropping on lot 9 will be removed to construct the home: To eliminate
potential damage to trees on that lot we recommend retaining any rocks in place wthin
30' of the trunks.
Heritage Tree Protection Plan, T. 5073
November 24, 2000
HortScience, Inc.
Page 7
Exhibit A: Evaluation of Impacts to Tree #340. Lot 8
Tree #340 is a mature coast live oak with two trunks arising at
approximately 2' that are 27" and 40" in diameter. These trunks
divide again to form large scaffold branches at 3' and 5' . The
26" trunk bows to the northeast, touching the ground approxi-
mately 25' from the trunk (photo 3). The tree has formed an up-
perand lower crown (photos 1 & 2).
It appears that fill soil was placed outside the dripline of the tree
when Brittany Lane was graded years ago. The grade within the
dripline appears to be natural. The fill does not appear to have
had a significant negative impact on the tree. The tree is very
vigorous and healthy as is evidenced by the dense, deep green
canopy and numerous growth cracks along the trunk and scaf-
fold branches. As is normal in mature native oaks, there are a
number of dead branches throughout the canopy and several
small branch failures. In all, it is a magnificent tree that has the
potential to live for many more years.
Fire protection requirements dictate that tree canopies must be
pruned to clear foliage within 6' of the ground surface. Fire man-
agementtreatments are required whether or not the property is
developed. Creating the necessary clearance will require re-
moval of the 27" diameter trunk and significant pruning of a 25"
scaffold branch (photo 4). This pruning will create larger wounds
than preferred, but is required by the Alameda Co. Fire Marshall
to protect surrounding homes from fire danger.
Development plans are to construct a home on the existing
grade (see plot plan below). Based on field staking of the
structure layout, the back of the home will be 34' from #340,
extending into the dripline approximately 14'. The structure
placement will be adjusted slightly if needed following prun-
ingfor fire management so that the back of the structure is
no closer than 5' from the canopy. Other trees on the lot
will not be directly affected.
? ~
~,
'
%,,,~.,., 1
pm
u.•
.. T:o _
-~...
fir
-_
~ .
3II
'~'/ #340 '% ~ ~ P
W ..~
M,~~~
~, ~~~ #339 #343 , ~::
'r
Detail of lot 8 from RMR
Design Group
Detail at left shows loca-
tion of home relative to
tree dripline and trunk. A
30' tree protection zone
on the north side of the
tree is recommended.
We consider this ade-
quate because of the
good vigor of this tree
and the and construction
tolerance of the species.
Photo 4 (right): Pruning
for fire safety will require
removal of 27" trunk
(orange arrow) and sig-
nificant pruning of a 25"
scaffold branch (blue ar-
row).
Upper crown
Lower crown
Photo 1: Upper crown of tree #340
viewed from Brittany Lane.
Photo 2 : Upper and lower crowns of
#340 viewed from the east. Tree #346
is on left.
Photo 3: Scaffold from 27" trunk lying on
ground. Stake (arrow) shows location of SE
corner of the proposed home.
Tree Protection Plan, T. 5073
HortScience, Inc.
Exhibit B: Evaluation of Impacts to Trees #335. 341
and 342, Lot 9
Three trees form the canopy edge on lot 9. Tree #335 is a valley
oak with three trunks that is in good condition (photo 1). Trees
#341 and 342 are two coast live oaks that are growing closely.
#342, at 41" in diameter, is dominant, and has suppressed the
small 15" diameter tree (#341).
Uphill from the trees is a rock outcropping. There is no fill under
the tree from the Brittany Lane construction years ago.
Development plans are to construct a home uphill from the
trees (see plot plan below). Based on field staking of the struc-
ture layout, the back eastern corner of the home will be within
the dripline fo tree #342 a few feet (Photo 3). Because the
canopy touches the ground on the north, pruning will be required
to raise the canopy to provide clearance. Removal of one 8",
one 6" and several smaller than 4" diameter branches will be re-
quired. This will have minimal effect on the tree.
A tree protection zone 30' from the trunks of trees #335, 341 and
342 is recommended.
Photo 3 (left): Stake for
southeast comer of home
(arrow) is located a few
feet inside the dripline of
#342. Pruning to raise the
canopy off the ground is
needed.
~~
~~ ,
r
~
;~ '
/-, aro
~~^'"
~.
~ `t/y
#34yJ
% 1 •
~~~ -
T~ - ,.-
Detail at left shows
location of home and
trees on lot 9. (Detail
from RMR Design
Group June 5, 2000).
Photo 4 (right):
Stake for southwest
corner of home
(arrow) is outside the
canopy of tree #335.
Photo 1: Valley oak #335 has 3
trunks.
Photo 2: Coast live oak #342 (right)
is dominant and in moderate
condition. #341 (left, arrow) is
suppressed.
Heritage Tree Protection Plan, T. 5073 HortScience, Inc.
November 24. 2000 Pace 9
Exhibit C: Evaluation of Imoacts to Tree #346. Lot 7
One trees forms the northern canopy edge on lot 7 Tree #346 is a 3t" diameter valley oak with three
trunks that is in good condition (photo 1). Downslope on the lot are trees #347-350, which are also
valley oaks in moderate to good condition.
All trees will require minor pruning to provide adequate clearance for fire safety.
Development plans are to construct a home uphill from the trees (see plot plan below). The back of
the home will be outside the dripline. The most significant impacts to trees will be pruning needed
for fire safety. Home construction will have minimal impacts.
A tree protection zone at the dripline of the trees is recommended
Photo 1: Valley oak #346
requires pruning to raise the
canopy for fire safety
(arrow). Home construction
will be outside the dripline of
the tree.
Detail at left shows location of
home and trees on lot 7.
(Detail from RMR Design
Group June 5, 2000).
Heritage Tree Protection Plan, Brittany Drive, T. 4073, Dubiin HortScience, Inc.
November 24, 2000 Page 10
Tree Preservation Guidelines
The goal of tree preservation is not merely tree survival during development but
maintenance of tree health and beauty for many years. Trees retained on sites that are
either subject to extensive injury during construction or are inadequately maintained
become a liability rather than an asset. The response of individual trees will depend on
the amount of excavation and grading, the care with which demolition is undertaken, and
the construction methods. Coordinating any construction activity inside the Tree
Protection Zone can minimize these impacts.
The fallowing recommendations will help reduce impacts to trees from development and
maintain and improve their health and vftality through the clearing, grading and
construction phases.
Design recommendations
1. A TREE PROTECTION ZONE Shall be eStabllshed 30' north of tree #340-342, and at
the driplines of #335, 345-346, 353-354. No grading, excavation, construction or
storage of materials shall occur within that zone.
2. All site development plans shall be reviewed by the Project Arborist for evaluation
of impacts to trees and recommendations for mitigation.
3. Retain the rock outcropping within 30' of trees #335 and 342.
4. No underground services including utilities, sub-drains, water or sewer shall be
placed In the TREE PROTECTION ZONE.
5. Tree Preservation. Notes, prepared by the Consulting Arborist, should be
included on ail construction plans.
6. Irrigation systems must be designed so that no trenching will occur within the
TREE PROTECTION ZONE.
7. No landscape improvements such as lighting, pavement, drainage or planting
may occur which may negatively affect the health or structural stability of the
trees.
8. As trees withdraw water from the soil, expansive soils may shrink within the root
area. Therefore, foundations, footings and pavements on expansive soils near
trees should be designed to withstand differential displacement "
Pre-construction treatments and recommendations
1. Prune trees to be preserved to clean the crown and to provide clearance.
Canopies shall be raised for fire safety to eliminate foliage within 6' of the ground
surface. All pruning shall be completed by a Certified Arborist or Tree Worker
and adhere to the Tree Pruning Guidelines of the International Society of
Arboriculture. Specifications for pruning are provided in the Attachments. Brush
shall be chipped and spread beneath the trees within the TREE PROTECTION ZONE.
2. Fence all trees to be retained to completely enclose the TREE PROTECTION ZONE
on the north side of trees on lots 7, 8 and 9, and on the south side of trees 353
and 354 prior to demolition, grubbing or grading as depicted in the attached Tree
Heritage Tree Protection Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
November 24, 2000 Page 11
Protection Fencing Plan (see Attachments). It is not necessary to fence trees on
the downhill side, away from all construction. Fences shall be 6 ft. chain link or
equivalent as approved by consulting arborist. Fences are to remain until all
grading and construction is completed.
Recommendations for tree protection during construction
1. Prior to beginning work, the contractor is required to meet with the consultant at
the site to review all work procedures, access routes, storage areas and tree
protection measures.
2. No grading, construction, demolition or other work shall occur within the TREE
PROTECTION ZONE. Any modifications must be approved and monitored by the
Consulting Arborist.
3. Spoil from trench, footing, utility or other excavation shall not be placed within the
TREE PROTECTION ZONE, neither temporadly nor permanently,
4. If injury should occur to any tree during construction, it should be evaluated as
soon as possible by the Consulting Arborist so that appropriate treatments can be
applied.
5. No excess soil, chemicals, debris, equipment or other materials shall be dumped
Or Stored Wlthln the TREE PROTECTION ZONE.
6. Any additional tree pruning needed for clearance during construction must be
performed by a Certified Arborist and not by construction personnel.
Maintenance of impacted trees
Native oaks in proximity to homes require regular maintenance. It is recommended that
the future homeowners be provided wfth a Guide to Maintenance for Native Oaks that
describes the care needed to maintain tree health and structural stability. Occasional
pruning, fertilization, mulch, and pest management may be required. In addition,
provisions for monitoring both tree health and structural stability must be made a priority.
As trees age, the likelihood of failure of branches or entire trees increases. Therefore,
annual inspection for hazard potential is recommended.
HortScience, Inc.
Nelda Matheny
Certified Arborist #WC-0195
Pruning Specifications
Brittany Lane Estates
Qualifications
An I.S.A. Cert'rfied Arborist or Tree Worker is to be present at all times during
pruning. Arborist must have a State of Calif. Contractors License for Tree
Service (C61-D49) and provide proof of workman's compensation and general
liability insurance.
Pruning specifications
1. All pruning shall be in accordance with the Tree Pruning Guidelines (International
Society of Arboriculture) and adhere to the most recent editions of the American
National Standard for Tree Care Operations (2133.1) and Pruning (A300).
2. Where possible, pruning shall be confined to small diameter wood at the ends of
branches. Interior branches shall not be stripped out.
3. All trees shall be pruned to provide a minimum of 6' clearance between the ground
surface and foliage, to remove dead branches to a minimum of 2" diameter, and to
reduce end weight on heavy, horizontal branches by selectively removing small
diameter branches, no greater than 2-3", near the ends of the scaffolds.
4. While in the tree, the arborist shall perform an aerial inspection to identify defects that
require treatment. Any additional work needed shall be reported to the Project
Arborist.
5. Brush shall be chipped and chips shall be spread underneath trees to a maximum
depth of 6", leaving the trunk clear of mulch. Wood shall be hauled off site.
6. Trees shall not be climbed with spurs.
7. Thinning cuts are to be employed rather than heading cuts. Trees shall not be
topped or headed back.
8. Vehicles and heavy equipment shall not be parked beneath the trees. If access by
equipment is required to accomplish the specified pruning, the soil surface shall be
protected with 6-B" of wood chips before placing equipment or vehicles.
9. Equipment shall be serviced and fueled outside the tree canopy to avoid accidental
spills in the root area.
10. Any questions regarding pruning should be directed to Nelda Matheny,
HortScience,lnc., (925) 484-0211.
.. $$
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a
ORDINANCE NO. 29 - 99 A~AL'H~~
AN ORDINANCE OF THE CITY OF DUBLIN
ADDING CHAPTER 5.60 TO THE DUBLIN MUNICIPAL CODE
ESTABLISHING A HERITAGE TREE ORDINANCE
THE CITY COUNCIL OF T'HE CITY OF DUBLIN DOES HEREBY ORDAW AS FOLLOWS:
SECTION 1.
Chapter 5.60 is added to the Dublin Municipal Code to read as follows:
Section 5.60.10 -Title
This Chapter shall be known as "the Heritage Tree Ordinance"
Section 5.60.20 -Purpose and Intent
This Chapter is adopted because the city has many Heritage Trees, the preservation of which is
beneficial to the health and welfare of the citizens of this city in order to enhance the scenic beauty,
increase property values, encourage quality development, prevent soil erosion, protect against flood
hazards and the risk of landslides, counteract pollution in the air and maintain the climatic balance
within the city. For these reasons the City finds it is in the public interest, convenience, necessity and
welfare to establish regulations controlling the removal of and the preservation of Heritage Trees
within the City. In establishing these regulations, it is the City's intent to preserve as many Heritage
Trees as possible consistent with the reasonable use and enjoyment of private property.
Section 5.60.30 -Applicability
This Chapter applies to all property within the City of Dublin, including private property,
residential and non-residential zones, developed and undeveloped land.
Section 5.60.40 -Definitions
The following words and phrases, whenever used in this chapter, shall be as construed as defined
in this chapter:
"City" means the City of Dublin.
"Certified or consulting arborist" means as arborist who is registered with the International
Society of Arboriculture and approved by the Director.
"Development" means any improvement of real property which requires the approval of zoning,
subdivision, conditional use permit or site development review permits.
`Director" means the Community Development Director or his/her designee.
"Heritase Tree" means any of the following:
(a) Any Oak, Bay, Cypress, Maple, Redwood, Buckeye and Sycamore tree having a trunl:
or main stem of 24 inches or more in diameter measured at 4 feet 6 inches above
natural grade;
- (b) A tree required to be preserved as part of an approved develonme nlan._zoning
permit, use permit, site development review or subdivision map;
(c) A tree required to be planted as a replacement for an unlawfully removed tree.
Section 5.60.50 -Tree Removal Permit Required
(a) No person may destroy or remove or cause to be removed any Heritage Tree from any
property within the City of Dublin without obtaining a permit from the Director.
(b) Exceptions
A permit is not required for the following: p p rty
(1) If the condition of a Heritage Tree presents an immediate hazard to life or roe it
may be removed with the approval of the Director, City Engineer, Police Chief, Fire
Chief or their designee.
(2) A tree(s) whose removal was specifically approved as part of a City approved
development plan, zoning permit, conditional use permit, site development review or
subdivision map.
(3) Normal maintenance pruning of Heritage Trees shall not require a pemvt but shall in
all cases be in conformance with the guidelines of the International Society of
Aboriculture, Tree Pruning Guidelines, current edition on file in the Community
Development Department.
(c) Tree(s) removal requested as part of the development of a property subject to zoning,
subdivision use permit, or site development review application approval shall be reviewed
and approved by the body having final authority over the entitlement application.
Section 5.60.60 -Tree Removal Permit Procedure
(a) Any person wishing to remove one or more Heritage Trees shall apply to the Director for a
permit. The application for a permit shall be made on forms provided by the Community
Development Depaztment and shall include the following: a and size of all tree(s)
1. A drawing showing all existing trees and the location typ
proposed to be removed;
2. A brief statement of the reason for removal;
;. If the tree or trees aze proposed for removal because of their condition a certified
azborist's determination of the state of health of the Heritage Trees maybe
required;
4. Written consent of the owner of record of the land on which the tree(s) are
proposed fo be removed;
5. A tree removal permit fee of twenty-five ($25.00) dollars to cover the cost of
permit administration. An additional deposit may be required by the Director to
retain a certified azborist to assist the City in assessing the condition of the trees;
6. Other pertinent information as required by the Director.
(b) Tree(s) removal requested in conjunction with an application for other development
entitlements shall provide to the Community Development Department a Landscaping Plan
specifying the precise location, size, species and drip-line of all existing trees on or in the
vicinity of the property. The Landscape Plan shall also show existing and proposed grades
and the location of proposed and existing structures.
(c) -The Director shall inspect the property and evaluate each application. In deciding whether
to issue a permit, the Director shall base the decision on the following criteria:
1. The condition of the tree or trees with respect to health, imminent danger of falling,
proximity to existing or proposed structures and interference with utility services or
public works projects;
2. The necessity to remove the tree or trees for reasonable development of the
property;
3. The topography of the land and the effect of the removal of the tree on erosion, soil
retention and diversion or increased flow of stream waters;
4. The number of trees existing in the neighborhood and the effect the removal would
have upon shade, privacy impact, scenic beauty and the general welfare of the City
as a whole.
(d) The Director shall render a decision regarding the permit within ten (10) working days
after the receipt of a complete application.
(e) If an application to remove a Heritage Tree is being requested in conjunction with another
development entitlement, than the decision on the tree removal permit shall be rendered
simultaneously with the decision on the development entitlement and shall be made by the
body having final authority over the entitlement application. In deciding whether to
approve a tree removal permit under this subsection, the reviewing body shall consider the
criteria set forth in Section 5.60.60 (c) of this chapter.
(f) The Director may refer any application to any City Department for review and
recommendation.
(g) The Director or the reviewing body having final authority over the development may grant
or deny the application or grant the application v,~ith conditions, including, the condition
that one (1) or more replacement trees be planted of a designated species, size and location.
Section 5.60.70 -Appeals
(a) Any decision of the Director, pursuant to this chapter, may be, appealed to the City
Council. Appeals shall be in writing, shall be signed by the applicant, shall state the
reasons the appeal is made, and be filed with the City Clerk within fourteen (14) days of
written notification of the decision by the Director. Any appeal shall, be accompanied by
an appeal fee in the amount established by resolution of the City Council.
(b) The City Clerk shall place all such appeals on the agenda of the nea.-t regular Council
meeting and shall give the appellant at least five (~) calendar daps' notice of the time and
place of said hearing. Appeals shall be conducted in accordance with the procedures set
forth in Section 1.04.050 of the Code. The decision of the City Council shall be final.
Section 5.60.80 -Protection of Heritage Trees during construction.
Heritage Trees required to be retained pursuant to this chapter or by an approved development
plan, zoning permit, use permit, site development review or subdivision map shall be protected during
demolition grading and construction operations.
Section 5.60.90 -Protection plan required prior to issuance of permit
(1) A plan to protect Heritage Trees as described in Section 5.60.80 above shall be submitted
to the Director prior to the issuance of demolition, grading or building permits. The plan
- shall be prepared and signed by a certified arborist and approved by the Director. The
Director may refer to acity-selected arborist for review and recommendation. The cost of
this review shall be borne by the developer/applicant requesting said permit.
(2) The Director may require that a certified arborist be present on the project site during
grading or other construction activity that may impact the health of the tree(s) to be
preserved.
(3) Damage to any tree during construction shall be immediately reported to the Director so
that proper treatment maybe administered. The Director may refer to acity-selected
arborist to determine the appropriate method of repair for any damage. The cost of any
treatment or repair shall be borne by the developer/applicant responsible for the
deve]opment of the project. Failure to do so may result in the issuance of a stop work
order.
(4) The Director may waive the requirement for a tree protection plan if it is determined that
the grading or construction activity is minor in nature and that the proposed activity will
not sisnificantly modify the ground area within the drip-line or the area immediately
surrounding the drip-line of the tree(s).
Section 5.60.100 -Applicant to guarantee protection -security deposit
(a) The applicant shall guarantee the protection of the existing tree(s) on the site not approved
for removal through placement of a cash bond or other security deposit in the amount
based upon the valuation of the trees acceptable to the Director. The Director may refer to
acity-selected arborist to estimate the value of the tree(s) in accordance with industry
standards.
(b) The cash bond or other security shall be retained for a reasonable period of time following
the acceptance of the public improvements for the development, not to exceed one year.
The cash bond or security is to be released upon the satisfaction of the Drector that the
_... tree(s) to be preserved have not been endangered. The cash bond or security deposit shall
be forfeited as a civil penalty for any unauthorized removal or destruction of a Heritage
Tree.
Section 5.60.110 -Public Utilities
Any public utility installing or maintaining any overhead wires or underground pipes or conduits
in the vicinity of a Heritage Tree shall obtain permission from the Director before performing any
work, which may cause injury to the Heritage Tree.
Section 5.60.120 -Violation -Penalty
(a) Any person who unlawfully removes, destro}~s or damages a
Heritage Tree shall pay a civil penalty in the amount of the appraised value of the tree. A
city-selected arborist shall estimate the replacement value of the loss tree(s) in accordance
4
with industry standards. The fee for the appraisal shall be added to the penalty established
by the appraisal.
(b) Any person violating any portion of this Chapter that results in the loss of a Heritage Tree,
shall be required to replace said tree with a new tree and or additional plantings, of the
same species. The Director shall determine the size and location of replacement tree(s).
The Director may refer to the recommendation of acity-selected arborist.
SECTION Z:
Effective date and posting of Ordinance:
The Ordinance shall take effect and be in force 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 this ?1st day of December, 1999 by the following vote:
AYES: Councilmember McCormick, Yice Mayor Lockhart and Mavor Houston
NOES: Councilrnembers Hmvard and Zika
ABSENT: None
ASTAIN: None (~ ~ ~ j
~v U (/1/fin
Mayor
ATTEST:
Clerk
K=/G 72-31-99iord-herk
G`99-045\ORDIN-4NCE.DOC
Dec-06-00 09~20P Jeffrey Gamboni
~~~
7'HT; UPNIC~ C]r
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l,nynscnrr r1xt.:ttt'rNC:r 2702
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G llrx:ttrvttit~.tt 2000
Mr. h:aJic Peabody
C:it:y ,,f Thtblin
Y.(.). Bos 7.3M)
T)ublin, 6:A <)45G8
P.O1
tiUli~l:("1': I lcritage "free Prutcctiou Plan for Iiriuany Drive Estatcs,'I'ract 51173
Prepazcd by I fortScience and revised for November 2000
1 harve reviewed the rccscd Tree. Protection Plan noted ;[hove and alm:c urith the re~~isions
indicated.
1.1 1 bad previously rcyuested a site plan indicating the locarican of nc~ barrier fences
around the trees a•hicb has now been provided.
l,2 1 had ankcc3 that folial;c removal bt: restricted to ncxcssary pruning without also
remc nnny; ti,liagc just to allow views thmugh the canopies- 't'his :tddirional pruning bas been
elirninatcd. itcTrarcGng the issues of foliaT,w loss, it is imperative that the fi.>lial+e loss be
rninimin:d rather than maximized to retain the vi},*or pf this specimen, Foliage removal just
to open views is oat approved as an acccptablc motive. ~olia}se mmoval ac this time is
ap}>mcc<I only to satisfy the: requin:ments of the i'irc Marshall and the protection +;Fthe
public's health, safety and welfare.
13 We ;icmce with the removal of the secondary (27'~ trunk of tree #34U c>n l,ot R to die
hasc of the trcr. lJpcmvtspcction we felt that the senmdary trunk wax pcubably once a
scx:ond tn:c that had gnrow into the main tree as the trees de:vcloped and chat the removal of
the secondary trunk could be accomplished to satisfy the demands of the fire harshall
with~:xrt sil;nificantly affecting the remaining tn:e because of the compartmentalization
bctweert the secondary anti primary trunk.
1.4 We had asked that the lar},s; (ZS") aeaffoiJ on tree #340 licading toward liritt:any
l,anc Writ lte removed under any circumstances, especial}y since the secondary (27'~ tntnk
was being retaoved. '!'his change is noted in the new report.
i.5 We rcyuext that the tree prtTning be dirccttd by a CcrtiGrd Arbt+rist ,mrl adhere to
thc'!•ret: 1'runit, Ciui~e~ of the IuternatYbnal Society rilArboriculritre :,nd ANSI A3fN1.
l.fi Potential ne};:ttive impacts resulting from pruning: the pruning of tree #34U is major
suv-[;cry rc:yuiring the n:moval of a "27" trunk" from a 4{)" diamctc+' trunk, howcrcr a•c at~cc
31112PAt:lPICAVttNC'lt S't'cx;t~1Y)vf~A952t14 'l'ut.2U9A4Fi.t3335
IS1X 2l1'J.4G5.2603 I~.~{91J.GANHONI~dl~(;O'f'NP:I'.Nl?9'
DEC-06-2000 08:52PM TEL] ID]CITY DF DUBLIN PRGE:001 R=99~
,dc2OP Jeffrey Gam6oni
Rff1' I1{lL': I'Ir?RrrAGf? •1'RfS~ Pfl(YIT'.CTIC,)N j'LAN p.AC:P, «UN 2.
13R}TT.41\Y' 1..4Vr~. G }~GCE1tBF.R 2000
Rr;vrsrn NOVr.nnwr;e 2000
that the live oak's vi};,,r~nrs condition bodes well Fr,r its ability n> a,mpat~unentali.c the
wound and et•entmilly seal over the prunitt}; cuts.
L7 We requested specific ~niidclines for the: maintenance of these trees, which have lx:~n
p«,vided. W'c have alsn arrested •rdditivnal mitihAtl<)n to prrpctuatc the oak grove wrtuld
include the planting of :ulditiaual oal: trees at these: home sites as part of the funtre
landscape improvements. 1 believe this would need to he trx:ated as a c~,nditir,n of apprtn•al.
In ce inclusion we belie~•e that the report has now addressed our c~mcems and is a balancrsl
approach fc,r the maintenance of these I }c.-ntaf,e'1'reca.
3(N2 Pncaru:AVB.NIJri STrX;trrou(;A 95204 'IYt.2lr9.94R.t3335
I+nx2(19.4b5.2(it13 P:MAILG!1:1tHf:)Nr([IjGt)nvi,;r.~;r"r
P_O2
DEC-06-2000 08:52PM TEL) ID)CITY OF DUBLIN PRGE:002 R=99~
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Alameda County Fire Department
Fire Prevention Division
REMOVAL REQUIREMENTS
Weed, Rubbish, anq Litter Abatement Ordinance
The following are the minimum reoulrements for removal of weeds, rubbish, and litter.
Please reatl the entire list as more than one category may apply to your property.
Burning is not allowed except in agricultural applications and then by permit only.
RUBBISH, LITTER AND DEBRIS
^ All Areas: Remove any rubbish, garbage, litter, junk ,old building materials, or
other items completely from the property and appropriately dispose of them.
Keep maintained throughout the year.
WEEDS AND OVERGROWN VEGETATION
L~' All Areas: Prune any overgrown plants, shrubs or trees; remove cuttings and dead
Jtree limbs. Keep maintained throughout the year.
L~ Urban: Abate all exterior fire hazards; complete abatement may include a
combination of discing, mowing, and Spraying. Remove from the property all dead
trees and maintain weeds and other vegetation at a height of no more than four
inches (4"). Native shrubbery should be cleared to a distance of at least fifteen feet
(15') from the structure. Maintain trees within one hundred feet (100') of any
building, structure, or within ten feet (10') from any roadway, highway, street, alley,
or driveway, so that no leafy foliage, twigs, or branches are within six feet (6') of the
ground. Remove any portion of a tree that extends within ten feet (10') of the
outlet of a chimney or stovepipe. Keep all trees, shrubs, and other vegetation, or
portions thereof adjacent to or overhanging any building or structure, free from
dead limbs, branches, acid other combustible materials. Maintain five feet (S') of
vertical clearance between roof surface and portions of trees overhanging any
building or structure. Maintain roof of building or structure free of leaves, needles,
twigs, or other combustible litter.
^ Rural: Parcels, one acre or less, shall require complete abatement of all exterior fire
hazards. Parcels greater than one acre should provide a minimum twelve foot (12')
firebreak. Firebreaks are to follow as closely as practical, the property line, along
one side of fence lines, ditches, and on top of ridges, or surrountling structures.
Trees may be left within the firebreak antl shall have low limbs trimmed up to a
height of six feet (6'). All buildings and structures which are upon or adjoining
hazardous fire areas, shall be maintained with an effective firebreak by removing
and clearing away flammable vegetation antl combustible growth from within thirty
feet (30') of such buildings or structures. A firebreak of one hundretl feet (100') may
be required due to terrain, topography, or fuel. Where practical, provide twelve
foot (12') firebreaks from inside fence line along all public roadways. Combustible
storage, such as usable lumber, cord fire wood, hay or straw, shall be neatly stacked
an all combustible growth shall be removed from within fifteen feet (15') of the
stored materials.
~rr~ 7
THE OFFICE OF
JEFFREY F. GAMBONI
LANDSCAPE ARCHITECT 2702
CERTIFIED ARBORIST WC-520
27 SEPTEMBER 2000
Dennis Carrington
Senior Planner
City of Dublin
P.O. Box 2340
Dublin CA 94568
SUBJECT: Heritage Tree Protection Plan for Brittany Drive Estates, Tract 5073
Mr. Carrington:
Since we visited die site together on 21 September, I understand that the Fire Marshall has
returned to indicate with marking paint the minimum height at which branches must be cut
to reduce the fire danger. We discussed this issue during our visit and I am aware of the
pruning cuts that will be required to achieve the clearances required by the Fire Marshall.
We understood that all limbs must be removed that are within 6'-0" of the existing grade and
I'm sure you'll agree that such pruning is necessary to pmtect the health, safety and welfare
of your residents.
Your Heritage Tree Ordinance #29-99 specifically addresses- this issue in section 5.60.50
under section (b )Exceptions, paragraph (3):
Normal maintenance pruning of Heritage Trees shall not require a permit but shall in
all cases be in wnformance with the guidelines of the International Society of
Aboricultvre, Tree Pruning Guidelines, current edition, on file in the cornmunity
Development Depamnent.
This fire safety pruning if executed per the Guidelines noted, will not adversely affect the
health of these Heritage Trees. We understand that the fire safety pruning is separate kom
any other issues associated with these trees and that this fire safety pruning is required even
if these lots are not developed. I will contact you after I visit the site on 27 September to
review the painting marks.
~~
Je y F. Gamboru
Landscape Architect
Certified Arborist
3102 PACIFIC AvENUE STOCKTON, GA 95204 TEL 209.948.8335
FAX 209.465.2603 EMAIL GAMBONI@GOTNET.NET
A'~1'ACHMENT g
TO: File
FROM: Eddie Peabody Jr., Community Development Director
DATE: December 7, 2000 CCC///~~/
SUBJECT: Tree Protection Plan for PA00-009, Blue Mountain SDR
The City's Arborist has reviewed and approved the Tree Protection Plan for the project. I have
reviewed the Tree Protection Plan and hereby approve it.
g:\cortespo\rd\ep\tree protection plan
~"FTACHMENiT