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HomeMy WebLinkAboutReso 068-83 H&H Dev Rezone RESOLUTION NO. 68-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS OF A PLANNED DEVELOPMENT REZONING CONCERNING PA 83-004 H & H DEVELOPMENT CO. (FORMERLY DUBLIN GREEN) WHEREAS, H & H Development Company, with Calmet, Inc., proposes to rezone 13.4 acres of land (APN 941-40-2-5, 941-40-5- 2, and APN 941-40-8) northwest of Dublin Blvd. and San Ramon Rd. from (R-S-D-35) Residential Combining District to (PD) Planned Development, in order to build a 193-unit condominium complex; and, WHEREAS, the City Council finds that the City of Dublin is in the process of preparing and adopting a general plan, and that there is reasonable probability that the proposed rezoning will be consistent with the future general plan; and, WHEREAS, there is little or no probability that the rezoning will be a detriment to or interfere with the future general plan, should the new zoning ultimately be inconsistent with the future general plan; and, WHEREAS, the City Council finds that the rezoning will not have a significant environmental impact; and WHEREAS, the rezoning is appropriate for the subject property in terms of being compatible to existing land uses in the area, will be visually attractive, will not overburden public services, and will provide housing of a type and cost that is desired, yet not readily available in the City of Dublin; and WHEREAS, the rezoning will not have substantial adverse effects on health or safety, or be substantially detrimental to the publc welfare, or be injurious to property or public improvements; NOW, THEREFORE, BE IT RESOLVED that the City Council approves the Planned Development (PD) rezoning request for a 193-unit residential condominium project as shown on the Plans labelled Exhibit "A", dated 10/13/83, and subject to the following Conditions: GENERAL PROVISIONS 1. Compliance with the plans contained in Exhibit "A", dated 10/13/83, and as amended by these Conditions. 2. Zone "A", as shown on the Site Plan (S-l) shall contain no more than 44 units and the units that are adjacent to the Ponderosa Village shall be one story high. 3. Site Development Review approval by Staff shall be acquired prior to issuance of any Building Permit. The Site Development Review shall implement these General Provisions concerning the physical development of the project and the related design aspects of the San Ramon Road Specific Plan. o The maximum number of residential units shall not exceed 193 condominiums. All units shall contain standard and currently available energy saving devices, and be insulated in accordance with Title 24, State of California Administrative Code and evidence shall be provided to the Building official from 10. 12. 14. 15. 16. P.G.& E. that the units meet P.G.& E's requirements of the "Energy Conservation Home Program" if it still exists at the time the units are to be constructed- Compliance with the city of Dublin Residential Condominium Development Guidelines (as amended 3/30/83). Compliance with City of Dublin site Development Review Standard Conditions- Compliance with City of Dublin Police Services Standard Residential Building Security Requirements- The property owner is to be responsible for the maintenance and repair of all buildings, landscaping, roadways and related improvements, that are not dedicated to and accepted by the City- The.property owner is'to provide to the city Planning Department a st~%us -repOrt ~as to the.occupancy ' characteristics of the development'~nce each year for three years. '--" '. A 6-foot high architecturally designed wall or heavy timber fence shall be installed along.the westerly property line. In addition, an intensive landscaped buffer, containing fast growing trees and shrubs, shall be installed within a 20- foot minimum wide landscaped area to the east of the wall- The landscaped areas shall be irrigated by an automatic irrigation system and be maintained by the property owner- Landscape plans showing substantially more landscaping than is shown on the Conceptual Landscape Plan, shall be submitted to and be approved by the Planning Director prior to any permits being issued for this project. In general, six (6) trees per 1,000 sq' .ft. of landscaping shall be shown within all open space/landscaped areas. At least 75% shall be 15-gal- size. Light standards shall be used which shield the light source from view from off-site, and shall not shine onto adjacent property. The project shall be constructed as approved- Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval- Carport columns shall be a minimum 16' from the center line of the adjacent driveway. Handicapped ramps and access as required by Title 24, State of California, shall be provided. Eight handicapped parking stalls, appropriately signed, shall be provided evenly throughout the project- Covenants, Conditions and Restrictions (C.Ci& R.'S) shall be established for this development. The C.C-& R.'s shall be approved by the Planning Director prior to filing of the Final Map. The C.C.& R.'S shall be reviewed and approved by the City to assure that: a. There is adequate provision for at least the maintenance of all commonly owned facilities, property and landscaping including open space, roads, parking, lighting, recreation facilities, landscape and the exterior of all buildings; b. '?ayment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided'to each buyer prior to the time of purchase. c. The Association shall maintain all common areas in good repair, including drainage and erosion control improvements, fences, and landscaping- ~ d. The Association shall keep the City Planning Department informed of the current name, address, and phone number of the Association's official representative- e. Payment of the water and street lighting (maintenance and energy) bills and maintenance and repair of storm drain lines are the obligations of the Homeowners' Association, unless paid for .through a .Lighting and Landscape Maintenance Assessment District-' Also except where storm drains serve public propertY._-(streets .and/or .public land).in'additi0n tO.~the-subdivision, 'the .controlling public agency Shall then b~ responsible for maintenance- f. Each buyer is to'sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowners'- Association and the Conditions, Covenants, and 'Restrictions applying to the development. 9- The Homeowners' Association shall.contract with, or be advised by a professional management firm, as to how to handle maintenance operations. h. No recreational vehicle or boat may be stored within this development unless storage facilities exclusively designed for recreational vehicles and boats which are approved by the Dublin Planning Department are provided in the projectl The covenants, Conditions, and Restrictions shall provide that upon sufficient notice to the homeowners, the serving utilities be authorized to enter any portions of the units whenever restoration of gas, electric, and telephone service is required; that the utilities shall have the right to install, move, remove, or run new lines in or on any portions of the common area, including the interior and exterior of the units (except where undergrounding is required by the Subdivision Ordinance) as is necessary to maintain telephone service within the development and that this provision may not'be amended or terminated without the consent of the utilities. j. Guest parking areas must be identified by signs and the C.C-& R.'s shall prohibit the use of these areas by residents. k. The C.C-& R.'S shall include the obligations of the property owner to be responsible for public liability in case of injury in connection with public utility easements, and for maintenance of the private vehicle access ways and utility trenches in public utility easements- They shall further be void of any mention of future dedication of the access way to the City as a public street- After the project has been completed, and subject to observing any minimum and maximum.dimensions specified in the approved plan: . .. ~... 19. 20. a. In the common areas, plant materials, arbors, fences, paving materials, and similar landscape features may be added or replaced, in kind. b. Any construction, repair or replacement which would occur in the normal course of maintenance of the common areas as the project matures may occur subject to the securing of any permits or paying fees required by other ordinances. Heating of the pool shall be by a solar heating system, the location and design of which will be reviewed as part of the Site Development Review. The at-grade patios shall be fenced and landscaped for privacy of the units. TRAFFIC IMPROVEMENTS 21. Make an offer of dedication to the City of Dublin for the right-of-way along Donlon Way, north of Dublin Blvd., plus establish a right-of-way strip behind the curb for the existing sidewalk and landscaping- 22. Pay up to 100% of the cost of installing a four-way signal and vehicle detection at Donlon Way and Dublin Blvd., if required by the City Engineer. As other properties that impact that intersection develop, they will be required to pay their fair share of the signal installation costs, said monies may be reimbursed--uP to 50% of the cost of said improvements. Bonds, or letters of credit, shall be required to guarantee the installation of this signal to run one year past the completion and occupancy of the entire project that is being served by Donlon, north of Dublin blvd. If it is determined by the City Engineer that a signal will not be warranted within this time frame, then the bonds will be released by the City. 23. Traffic improvements at Dublin Blvd., and San Ramon Road: Increase the capacity of the intersection by adding a second left turn lane for northbound traffic on San Ramon Road. This will include signal modification, revision to medians, and adjustment of through-lane markings. If other projects contribute to these improvements of the intersection, the property owner will be reimbursed a proportionate share, as determined by City Engineer. 24. Traffic Improvements at Amador Valley Blvd. and San Ramon Rd.: a. Contribute up to 50% of the cost of modifying the signals at Amador Valley Blvd. and San Ramon Blvd. to accommodate the extension of Amador Valley Blvd. to the Dublin Green property, as determined by the City Engineer. b. Install a 26-foot wide extension of Amador Valley Blvd. from San Ramon Rd. to a cul-de-sac ending at the Dublin Green property. The design of the extension shall comply with the requirements of the City Traffic Engineering Consultants. 1) The initial 26 feet of roadway include curb and gutter, street lights, and an additional 5 feet of right-of-way. 2) Should the necessary 26 feet of right-of-way not be obtained by the developer for the Amador Valley Blvd. extension, a cash bond, or letter of credit, equal in value to 150% of the value of the land under the roadway, plus the cost of the 26 feet of road improvements, 3) southernmost driveway from'the two adjoining ..properties, as.acceptable to the City ~ngineer. 25. ~'There shall be compliance'with DSRSD Fire Department , requirements, Flood Control'District~?equirements' and 'Public Works requirements. Written statements from each agency approving the plans over which it has jurisdiction shall be submitted to the Planning Department prior to issuance of .Building'Permits or the installation of any improvements related to this project- 26. 27. 28. 29. 30. shall be deposited with the City. The cost to the City of acquiring the rightr.of-way shall be included. If and when additional monies are received for improvements to this cul-de-sac, this developer or property owner may be reimbursed for his cost of improvements, this developer being responsible for up to 50% of all extension improvements including street improvements, sidewalks and right-of-way costs. The widening of the west side of San Ramon Road shall be constructed to allow a 100-foot-long lane and 90-foot-long tapered acceleration lane, southerly of the southern driveway onto San Ramon Road. Provision shall ~e made for access to this Ail utilities to and within.the project shall be undergrounded. Common water meters may be used, subject to review by the City Staff and DSRSD'. Other utilities for each unit shall be individually metered.' All meters shall be screened from view and enclosed by an enclosure that is compatible in design and materials to that of the building to which it is installed. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals- The system shall be designed as acceptable to DSRSD. Developer shall furnish and install signs stating "Not a Publicly Maintained Street" and "Fire Access - Park in Designated Locations Only" in right-of-way of private streets. Parking spaces shall be designated by sign, paint or equal. Fire hydrants shall be installed and operable, to the satisfaction of the Dublin San Ramon Services District Fire Department, prior to combustible construction- Prior to final inspection and occupancy of any units: a. Storm drainage facilities shall have been installed as approved by the City Engineer. b. Fire protection devices shall have been installed, be operable, and conform to the specifications of and inspections by the Dublin San Ramon Services District Fire Department. c. A 4" high concrete curb (minimum) to separate all paved parking and passageway areas from landscaped areas shall have been installed. Curbs may be deleted where a sidewalk adjoins parking and passageway, provided the sidewalk is at least 4" higher than adjoining pavement. 32. 34. 35. 36. d. Cable TV hook-up shall be provided to each unit. e. As-built drawings showing the locations of all underground utilities (water, storm and sanitary sewer, gas, electric, telephone, and cable TV) shall be provided to the city. f. Street name signs, bearing such names as are approved by the Planning Director, shall have been installed- Prior to occupancy of any unit each phase of-development, landscaping, irrigation, fencing, and landscape lighting in accordance with approved landscape and erosion control plans, shall have been installed, or a bond or letter of credit·equal to the cost plus 10% of'the landscaping, lighting, appurtenant structures, and irrigation system shall be provided to the City. A statement from the · Project Landscape Architect certifying that landscaping has been installed under his/her ·supervision and'is in '.'accordance with approved plans·shall' ..be.submitted to the Building official and'Planning~'Direct°~'>-~ '' '" '- Private Vehicle Accessways: · a. Backfill of all utility trenches and pavement design in private vehicle access way areas is to meet standards for public streets. b. The developer is to covenant and be responsible for the· maintenance of all facilities in the private vehicle access way which are not maintained by a public utility agency. c. The connection between the private vehicle access way and the public street is to be by a standard driveway type of connection- Driveway throat width (at back of sidewalk) shall be the same as the vehicle access way. d. Safety lighting is to be provided on private vehicle access way and on pedestrian-way facilities connecting thereto. Lights shall utilize "vandal resistant" enclosures, and shall have sufficient power and spacing to provide, an average maintained foot candle level of 0.12. uniformity ratios and increased lighting level at entrance shall be provided to the satisfaction of the City Engineer and Planning Director- Approval of this Planned Development is for two years as is specified in Section 8-31.2(b) of the Zoning Ordinance. As part of the submitt~'l for a grading plan, the developer's engineer shall field survey Martin Canyon Creek and perform hydrologic calculations indicating the capacity of the Creek. Should the Creek not handle the 100-year storm flow, improvements shall be designed so that this capacity is met, with an effort to maintain the natural appearance of the Creek. In addition, finished floor elevations of the units along the Creek shall be set so that if the Creek becomes blocked, the storm waters will flow onto San Ramon Road before water would enter the residential units- The following Creek setbacks shall be adhered to: a. For existing banks of 2:1 slope (horizontal over vertical) or steeper, the setback is established by drawing a line at 2:1 slope from the toe of the existing bank to a point where it intercepts the ground surface and then adding 20 feet. b. Where the existing bank is 2'3'1 or flatter, the setback shall be 2'0 feet..from the"top~'0f.''the bank. The following information shall be provided to determine an adequate setback from the creek and for the required hydrologic calculations: a. The precise location, both horizontal and vertical, of the Creek centerline and toes and tops of both sides of the creek. b. Cross sections of the Creek at intervals acceptable to the City. Sections at 100' intervals are typical; more frequent sections may be required. 37. The developer's engineer shall develop the expected truck length and turning radius criteria to use the private streets (delivery, garbage moving trucks, etc.) and design the curb radii accordingly and submit this· data and design criteria with the improvement plans. 38.- Wheel 'stops~within the project.shall.be.the curb at the end of the.parking.'stalls iwherever possible"'-Where freestanding -.' -wheel 'St0ps'[~re necess'ary,-, c0ncrete 'stops~'.shall-'be used- 39. "On_site?circulation-shall be constructed tO' private vehicle accessway standards as acceptable .to the City ~ngineer- 40. Prior to'~final'preparati°n of the subgrade and placement of base materials,'all underground utility mains shall be installed and service connections Stubbed out ·beyond curb lines. Public utilities and sanitary·sewers shall be installed in a manner which will not disturb the street pavement, curb, and gutter when future service connections or extensions are made. 41. Prior to filing for building permits, 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 submitted and subject to the approval of the City Engineer. 42. 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 approval and shall be accompanied by an engineering and ~eological opinion as to the safety of the site from hazards of erosion, settlement and seismic activity. 43. Roof drains shall empty.'onto paved areas, concrete swales, other approved dissipating devices, or tied into the storm drain system. 44. Dust control measures, as approved by the City Engineer, shall be followed at all times during grading and construction operations. 45. Construction and grading operations shall be limited to weekdays (Monday through Friday) and the hours from 7:30 a.m. to 5:30 p.m., except as approved in writing by the City Engineer. 46. Developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris and clean up shall be made during the construction period, as determined by the City Engineer. 47. a. Prior to commencement of any structures: Grading must conform with the recommendations of the soils engineer to the satisfaction of.the City Engineer. A declaration by the soils engineer that he has supervised grading and that such conformance has occurred shall be submitted- b. Prior to final inspection of.buildings: The following shall have been submitted to the City Engineer: 1) An as-built grading plan prepared by a registered civil Engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. 2) ' A complete record, including location and elevation of all field densityi'tests, and a summary of all field and laboratory~tests'~'i~ ' ~ -_~ ~. '['~'.' ..3) ?~,A .declara~i~..by the~-pr0je~{-civil~Engineer and ~ ,.-._.~3~r._......~. ~.~..~ ...accordance.~with,the .recommendations contazned in the soil and ge01ogic.i~vestigation reports and the ... . .~.~approved. plans and specifications-'- -- 48. Prior to any grading of the site, a de~ailed plan covering grading (including phasing), drainage, water quality, erosion and sedimentation control for construction and the post-construction period shall be prepared by the Project civil Engineer and/or Engineering Geologist, and shall be approved by the City Engineer. Said plans shall include detailed design, location, and maintenance criteria of all erosion and sediment control measures- The plans shall attempt to insure that no increase in sediment or pollutants from the site will occur. The plan shall provide for long- term maintenance of all permanent erosion and sediment control measures 49. Prior to final inspection of buildings, the developer shall grade the site, install landscaping, soil erosion, sedimentation and drainage control .measures, and improve all streets and easements, as shown or indicated on Exhibit "A", and these conditions. 50. Measures shall be taken to contain all trash, construction debris,'and materials on site until disposal off-site can be arranged. The developer shall'be responsible for corrective measures at no expense to the City. 51. Install fire hydrants at the locations approved by the Dublin San Ramon Servi~ces District in accordance with present standards- Provide a raised blue reflectorized pavement marker in the center of the private vehicle accessways at each fire hydrant- 52. If during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. 53. Sidewalks shall be installed to assure that pedestrians can walk within the project without having to walk down the private vehicle accessways, as acceptable to the City Engineer. 54. Sixteen parking stalls shall be eliminated adjacent to the southerly cluster of units .in order to provide for more space.between buildings and. to 'create more useable open space near the~'~3,-bedr0°m units'~ 55. 56. Unit address information and directories shall be provided to the satisfaction of the DSRSD Fire Department, Postal Service, Police Services, and Dublin Planning Department. Parkland dedication shall be made and/or fees shall be paid prior to approval of the Final Map, and as provided by City of Dublin Ordinance, to the satisfaction of the City of Dublin. 57. Should the project be phased: a. The undeveloped area shall be maintained as acceptable to the DSRSD Fire Department and it shall be kept free of trash and debris. b. A complete road system shall be installed to assure that at least two means of access are available at all times or one major access and one emergency access shall be provided. c. Each phase shall be landscaped and developed such that should construction of subsequent phases be delayed, the constructed phase(s) will appear as a completed project. 58. Should the units not be sold initially, the following reports shall be filed with, and approved by, the City Engineer at the time the units are put up for sale. a. a report by a licensed roofing contractor certifying that the roofs of all the structures are in good condition and not likely to be in need of replacement for at least 10 years. b. a report by a Professional Engineer attesting that the structure of all buildings, pavements, storm drainage facilities; and the interior and exterior plumbing, electrical systems, and utility and mechanical equipment to be owned in common, or as part of the individual condominiums, are in good and serviceable condition; c. a report by a licensed painting contractor certifying that painting throughout the project is in good condition and that the building exteriors should not require repainting for at least five years. d. a report by a licensed termite and pest control specialist certifying that the structures are free of infestation and structural damage caused by pests. 59. Special storage areas of at least 100 cu. ft., each, shall be provided within, or adjacent to, each unit. 60. At the time of condominium sale, all appliances shall either be replaced with new units or be warranted to the values of new appliances. 1983. Snyder PASSED, APPROVED AND ADOPTED THIS 14th day of November, AYES: Cm. Drena, Hegarty, Jeffery, Moffatt and Mayor NOES: None ABSENT: None city cler '