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HomeMy WebLinkAboutPCReso 99-31 PA99-019 Archstone SDR ORIGINAL RESOLUTION NO. 99-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW FOR PA 99-019, ARCHSTONE COMMUNITIES APARTMENT PROJECT WHEREAS, Archstone Communities has requested approval of a Site Development Review consisting of 177 apartment units and related improvements on approximately 7.39 acres of land, identified as 6253 Dougherty road and located along on the east side of Dougherty Road north of the Houston Place. (APN 941-550-5-1); and WHEREAS, a completed application for Site Development Review is available and on file in the Dublin Planning Department; and WHEREAS, a Mitigated Negative Declaration has been prepared for this project with the finding that with the implementation of mitigation measures contained in the Initial Study, there will be no significant environmental impacts; and WHEREAS, the Planning Commission did hold a public hearing on said application on October 26, 1999; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Planned Development Rezone subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: 1. Approval of this application (PA 99-019) is consistent with the intent and purpose of applicable provisions of the Dublin Zoning Ordinance. 2. The approval of this application, as conditioned, will comply with the policies of the General Plan applicable to the Medium-High Density Residential land use category, since it will allow development within the density range allowed under the Medium-High Density Residential Land Use Designation of the General Plan. 3. The approval of this application, as conditioned, will comply with the proposed Planned Development Regulations for the project, which will allow for residential development at this location. 4. The approval of this application, as conditioned, is consistent with the design review requirements contained in the Dublin Zoning Ordinance. 5. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans. 6. The approval of this application, as conditioned, 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 as the development is consistent with all laws and ordinances of the City of Dublin and implements the General Plan, as proposed for amendment. 7. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, as conditioned, has been designed to provide a desirable environment for the development. 8. The subject site is physically suitable for the type and intensity of the approved development. Impacts to views are addressed, no view will be interrupted. 10. Impacts to existing slopes and topographic features are addressed as no slopes or topographic features exist on this site. 11. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings have been incorporated into the project and as Conditions of Approval in order to ensure compatibility of this development with the development's design concept and character of surrounding uses. 12. Landscape considerations, including the location, type, size and coverage of plant materials and similar elements have been considered to ensure visual relief and screening of potentially negative elements. CONDITIONS OF APPROVAL SITE DEVELOPMENT REVIEW Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. [BI Building, [PL] Planning Department, [PS] Police Services, [PW] Public Works, [F] Alameda County Fire Department. 1. Approval of the Site Development Review is valid for one (1) year, until PL On-going November 2, 2000. If construction has not commenced by that time, this approval shall be null and void. The approval period may be extended for six (6) additional months by submitting a written request for extension prior to the expiration date to the Community Development Director. Any extension will be based on a determination that the conditions of approval remain adequate to assure that the stated findings of approval will continue to be met. 2. The Developer shall comply with all applicable City of Dublin Development PL On-going Site Review Standard Conditions and City of Dublin Residential Security requirements. 3. The Developer shall sign and submit a copy of the City of Dublin Standard PL OCC Plan, Material and Maintenance Agreement prior to the occupancy of any unit. 4. All transformers, irrigation control boxes, backflow devices, valves, and PL BP similar appurtenances shall be enclosed in vaults, fencing and/or painted out or landscaped, as determined acceptable by the Community Development Director. The location of these items shall be indicated on the final landscape plans 5. The Developer shall comply with all mitigation measures adopted as part of PL On-going the Mitigated Negative Declaration for this project as well as the Mitigation Monitoring and Reporting Plan. 6. The Developer shall comply with all applicable Fire Department, Public PL On-going Works Department, Police Service, Alameda County Flood Control District 7 and Dublin San Ramon Services District requirements. Prior to the issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have or will be met. 7. The developer shall defend, indemnify and hold harmless the City of Dublin PL On-going and its agents, officers and employees from any claim, action, or proceeding to attack, set aside, void, annul, an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community ! Development Director, Zoning Administrator, or any other department, committee or agency of the City concerning the proposed development; provided, however, that the developer's duty to defend, indemnify, hold harmless shall be subject to the City's promptly notifying the permitted of any claim, action or proceeding and the City's full action or proceedings. 8. This permit shall be revocable for cause in accordance with applicable sections PL On-going of the Dublin Zoning Ordinance. Any violation of the term or conditions of this Site Development Review may be subject to the issuance of a citation. 9. The developer shall provide all units with cable TV and telephone PL BP connections. 10. To apply for building permits, the Developer shall submit six (6) sets of B BP construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Developer will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. 11. If occupancy is requested to occur in phases, then all physical improvements PL BP within each phase shall be required to be completed prior to the occupancy of units within that phase, except for items specifically excluded in an approved Phased Occupancy Plan, or minor hand work items, approved by the Planning Department. A Phased Occupancy Plan shall be submitted for Community Development Director review and approval a minimum of 45 days prior to the request for occupancy of any unit covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all buildings in each phase and shall substantially conform with intent and approval of the Site Development Review approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities and separated from remaining construction activity. Subject to the approval of the Community Development Director, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 12. The Developer shall have a special rental/lease disclosure with the wording PL BP approved by the Planning Department. The disclosure form will be used as a required disclosure for future tenants indicating the presence of possible hazards. The disclosure statement shall describe: A. Phased development with continued construction activity until project completion may cause noise and dust. 13. A final lighting plan shall be submitted to the City for approval, demonstrating PL, PO, BP that the entire area will be adequately illuminated. Photometrics and lighting PW plans for the site shall be submitted to the Planning and Police Departments for review and approval prior to issuance of building permits, 14. All wall and fence heights shall be designed to ensure clear vision at all street PW BP intersections to the satisfaction of the Director of Public Works 4 15. Prior to the final occupancy of any unit, the unit shall meet minimum health, design and safety standards, including but not limited to the following: A. The project entrance and all interior roadways and driveways shall be PW OCC complete to allow for safe traffic movement to and from residential units. B. All traffic signing and striping shall be in place. PW OCC C. All streetlights and interior access and parking area lighting shall be PW OCC energized and functioning. [PW] D. All repairs to street, curb, gutter and sidewalk, which may create a hazard, PW OCC shall be required or any non-hazard repair shall be complete or bonded for. [PWl E. Back-lit illuminated house address numbers shall be provided. [PL, F] PL, B OCC F. Final site grading shall be approved by the Department of Public Works. B, PW OCC [BI G. All sewer clean-outs, water meter boxes and other utility boxes shall be set PW, B OCC to grade, to the approval of the Director of Public Works. [PW] H. Dwellings shall have received ail necessary inspections and have final B, F OCC approval by the Building Department to allow occupancy .[BI I. All fire hydrants in streets providing access to the homes shall be operable PW, F OCC to Public Works and Fire Department satisfaction. [PW, F] J. All mail-box units shall be located at back of curb. B, PL OCC K. Exterior lighting shall be provided for stairwells and dwelling entrances B, PL OCC and shall be ora type and placement so as not to cause glare on to adjoining properties or the Iron Horse Trail. [B, PL] L. Lighting used after daylight hours shall be adequate to provide for security B, PL, P OCC needs. 16. The provisions of the City's Inclusionary House Ordinance shall be satisfied PL BP through approval of an Inclusionary Housing Agreement per applicable provisions of the Dublin Zoning Ordinance prior to issuance of building permits. If fees are to be paid, they shall be paid prior to issuance of building permits. 17. Final building plans shall include details of proposed trash enclosures in terms PL GR of design, materials and colors. These items shall be approved by the Planning Department. 18. The project shall comply with all parking provisions of the Dublin Zoning PL BP Ordinance, including providing a 25 fi. back up space has been provided behind garages underneath residences 19. Automatic garage door openers shall be provided for all garage units and shall PL, B OCC be of a "roll up" type. Garage doors shall not intrude into public rights-of-way or parking areas. 20. A final landscape plan shall be approved by the City's Landscape Architect, PL BP including planting and irrigation components. The developer shall pay a deposit to the Planning Department to have landscape plans checked. 21. Prior to the issuance of building permits, the Developer shall comply with PL, B, BP and/or pay all applicable connection fees and development fees (plus aimual PW increases) in effect at the time of building permit issuance. This includes but is not limited to traffic impact fees, regional traffic impact fees, inclusionary housing requirements and building permit fees. The traffic fee for the project is, based on the project traffic study. 22. Prior to issuance of building permits, the Developer shall pay fees to the B BP Dublin Unified School District to mitigate all impacts to the District as a result of this project. 23. Prior to the issuance by the City of any building permit, all utility connection DSR BP fees, plan checking fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accord with the rates and schedules established in the DSRSD Code. No sewer line or water line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items referenced in this condition have been satisfied. 24. Landscape plantings between the proposed projeet and the light industrial PL OCC uses to the north, Dougherty Road to the west and Houston Place to the south. The landscaping shall consist of dense, fast-growing, vertical trees, spaced appropriately to provide maximum screening between the project site and adjaeent land uses. 25. No more than one parking space per unit shall be reserved; the remaining PL Ongoing parking spaces should be available to visitors and guests alike. 26. Provide a pedestrian/cyclist circulation plan, which at a minimum provides at leastPL BP one access point to a public street from each building immediately adjacent to a public street. (Subject to review and approval by the Community Development Director.) 27. A minimum setback of 50 feet shall be established and maintained from the PL Ongoing petroleum pipeline and any habitable structure on the project site. 28. Prior to demolition, perform a comprehensive asbestos survey by a licensed asbestosPL BP abatement contractor which, at a minimum, is in accordance with the EPA's National Emission Standard for Hazardous Air Pollutants (NESHAP) Regulation and includes preventing emissions from asbestos containing material during demolition. 29. The exterior living area noise level of the dwelling units shall not exceed 65 dBA B BP and the interior noise level shall not exceed to 45 dBA. 30. Pole-mounted lights shall be equipped with cut-off lenses. The height of lighting PL BP standards shall be limited to twelve feet; 31. Should archeological artifacts or remains be discovered during construction of the PL Ongoing project, work in the vicinity of the find shall stop immediately until a qualified archeologist can evaluate the site and determine the significance of the find. Project personnel shall not collect or alter cultural resources. Identified cultural resources shall be recorded on forms the County Coroner shall be contacted immediately. ~UBLI~ ~/0~ 32. All subsequent construction plans should incorporate the recommendations of the PW BP geotechnical investigation. A registered Civil Engineer should design the grading and foundation plans. A Registered Geotechnical Engineer should stamp and sign the grading and foundation plans certifying that they conform to the recommendations contained in the final geotechnical investigation. 33. The following measures shall be incorporated into construction specifications and PW Ongoing shall be followed by the project grading contractor: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice per day with complete coverage, preferably in the late morning and at the completion of work for the day; B. All clearing, grading, earthmoving and excavation shall cease during periods of high winds greater than 20 mph over one hour; C. All material transported off-site shall either be sufficiently watered or securely fastened to prevent escape of dust and debris; D. All inactive portions of the construction site shall be planted and watered, if construction is accomplished in more than one phase; E. On-site vehicle speed shall be limited to 15 mph; F. During rough grading and construction, Dougherty Road and Sierra Court (if used for construction access) shall be swept at least once per day, or as required by the City of Dublin, to remove silt ad construction debris; G. Unnecessary idling of construction equipment shall be avoided; H. Equipment engines shall be maintained in proper working condition per manufacturers' specification. 34. The applicant shall place appropriate warning signs at the interface areas to PW Ongoing minimize pedestrian and vehicular conflicts, subject to the review and approval by the Dublin Public Works Department. 35. All construction activities on the project site shall be limited to 7 a.m. to 5 p.m., PW Ongoing Monday through Friday, unless alternative hours are approved by the Dublin Building Official for structural construction and the City Engineer for grading activities. Construction equipment, including compressors, generators, and mobile equipment, shall be fitted with properly working mufflers 36. Thc applicant shall, prior to issuance of building permits, obtain a written Other BP agreement with thc Dublin Unified School District for the project's fair share mitigation of school impacts. Any fees, which are required pursuant to the agreement, shall be paid prior to issuance of building permits. 7 37. Fire Apparatus roadways must be installed, and fire hydrants in service, prior to the F OCC commencement of combustible framing. PRIOR TO THE COMMENCEMENT OF STORAGE OR FRAMING, CONTACT THE CITY OF DUBLIN, FIRE PREVENTION DIVISION, AND THE PUBLIC WORKS DEPARTMENT TO SCHEDULE AN INSPECTION OF ROADWAYS AND FIRE HYDRANTS. (CFC 1998, SECTION 8704.2 & 8704.3) A Knox key lock system is required. Applications are available at the Alameda County Fire Department, Fire Prevention Division, 100 Civic Plaza, Dublin, CA 94568. Please return the completed application with the building plans when you submit for a permit or prior to final inspection for occupancy. (CFC Section 902.4) 38. An Opticom system is required in addition to KNOX for the entrance gates. F OCC 39. A 13R Fire Sprinkler system is required for this project. F OCC 40. Fire Alarms systems shall be installed in accordance with current codes. F OCC 41. Fire Hydrants shall be installed on site. The Fire Prevention Division shall approve F OCC number and location. 42. Minimum Fire Flow shall be provided. F OCC 43. Fire Lanes are required and shall be recorded as EVAE. F OCC 44. Turning radius shall be a minimum of 42'. F OCC 45. Approved numbers or addresses shall be placed on all new and existing buildings. F OCC The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their background (CFC, 1998, Section 901.4.4) 46. Fire Extinguishers are required for this project and may be field coordinated with F OCC the Fire Inspector. 47. Insure monument sign is accessible to responding emergency equipment. The Fire F OCC Prevention Division shall approve size and location. ZOO7 48. As shown on the construction plans, Zone 7 owns the 24-inch Santa Rita-Dougherty Ongoing Pipeline, which is located within a 15-foot easement. The required minimum cover for the waterline is 3.5 feet. In addition, no permanent buildings, structures, or trees shall be located within the easement area. 49. A Zone 7 encroachment permit is required prior to any work within the 15-foot BP waterline easement. This permit will become effective upon payment of any application fee and the deposit of an approved surety bond with Zone 7 and any applicable inspection chard;es. 50. Two wells of record are shown to be within the project; if the well is not in use BP and/or will not be used in the future, it must be properly destroyed in accordance with State guidelines and a Zone 7 well destruction permit. If the well is not in use currently, but will be used in the future, a statement of intended use should be filed with Zone 7. Well 3S/1E 6C14 is a Zone 7 monitoring well. It should be marked and preserved in a sampleable and measurable condition or replaced in kind under a Zone 7 permit at a location approved by Zone 7. If it is to be replaced, it must be properly destroyed under a Zone 7 permit. Additional information regarding this i well and the necessary Zone 7 forms can be obtained from Wyman Hong at (925) ! 484-2600, extension 235. 8 51. The applicant shall comply with all applicable City of Dublin Residential Security PS OCC Requirements. 52. The Developer shall work with the Dublin Police on an ongoing basis to establish an PS Ongoing effective theft prevention and security program. 53. Entry gates to the site shall be designed for emergency access. PS OCC 54. Gated pedestrian entries shall be self-closing and self-locking. PS OCC 55. The perimeter security fence shall be at a minimum height of six feet. PS OCC 56. The Developer and/or Property Owner shall keep the site clear of graffiti vandalism PS Ongoing on a regular and continuous basis. Graffiti resistant paints and materials should be used. 57. An easy to read lighted directory and map shall be posted at all vehicle entrances. PS OCC 58. A final lighting plan shall be submitted for approval. Lighting for passageways PS OCC between garage areas shall be included in the lighting plan. S 59. The developer shall pay a Public Facilities Fee in the amounts and at the times set BP forth in City of Dublin Resolution No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. 60. The applicant shall pay an "in lieu" fee for neighborhood parks in accordance with, BP pursuant to and at the times specified in the City's Quimby Act Ordinance, Chapter 9.28 of the Dublin Municipal Code. The in lieu fee for neighborhood parks is calculated by the Public Works Director using the formula below. Fee=AxBxC D A - for densities at or above 6.1 units/acres = 0.003 acre/unit B - number of dwellings units C - current market value of developable acreage D - developable acrea[~e NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission hereby conditionally approves a Site Development Review application as generally depicted by materials labeled Attachment A, stamped "approved" and on file in the Dublin Planning Department, which includes a Site Plan and Elevations prepared by Burke, Architecture, dated Received August 25, 1999, and a Preliminary Landscape Plan prepared by Land Architecture, and a Preliminary Grading and Utility Plan, prepared by Ruggeri-Jensen and Associates, dated received August 25, 1999, for PA 99-019, which constitute regulations for the use and improvements of an 7.39 acre parcel generally described as APN 941-550-5-1. The following conditions of approval are attached to this approval: PASSED, APPROVED and ADOPTED this 26th day of October, 1999. AYES: NOES: ABSENT: Cm. Jennings, Johnson, Hughes, and Oravetz Cm. Musser Community Development Director lO