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HomeMy WebLinkAboutPC Reso 98-52 PA98-045 DubRch L1 Vtmap RESOLUTION NO. 98 - 52 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE VESTING TENTATIVE MAP FOR DUBLIN RANCH PHASE 1 (Tract No. 6956 - Neighborhood L1) PA 98-045 WHEREAS, Kevin Peters and Michael McDermott, on behalf of Shea Homes, and S. Reid Gustafson, on behalf of MSSH (Morgan Stanley Shea Homes) Dublin Development LLC, have requested approval of a Vesting Tentative Map, to subdivide an 18.9 + acre parcel and develop a residential subdivision with 91 lots, and a stream/open space corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15182, the proposed project is within the scope of the Final Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan which was certified by the City Council by Resolution No. 51-93, and the Addenda dated May 4, 1993, and August 22, 1994 (the "EIR"); and WHEREAS, the Planning Commission did hold a public hearing on said application on December 8, 1998; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Vesting Tentative Map, subject to conditions; and WHEREAS, a Development Agreement will be approved prior to recordation of Final Subdivision Map for the project as required by the Eastern Dublin Specific Plan; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony herein above set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Vesting Tentative Map: 1. The Vesting Tentative Map is consistent with the intent of applicable subdivision regulations and related ordinances. 2. The design and improvements of the Vesting Tentative Map are consistent with and conform to the City's General Plan and Eastern Dublin Specific Plan policies as they apply to the subject property in that it is a subdivision for implementation of a residential project in an area designated for Single Family Residential development and Open Space. 3. The Vesting Tentative Map is consistent with the Planned Development Rezone proposed for this project and is, therefore, consistent with the City of Dublin Zoning Ordinance. 4. The project site is located adjacent to major roads on relatively flat topography and is, therefore, physically suitable for the type and density of development. 5. With the incorporation of mitigation measures from the previous EIR, action programs and policies of the Eastern Dublin Specific Plan, and Conditions of Approval, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. 6. The design of the subdivision will not conflict with easements acquired by the public at large or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. 7. Required fire and water service will be provided to the subdivision pursuant to the requirements of water and sewer providers, if standards and conditions are met and fees paid. Sewer service for this subdivision shall be provided pursuant to an agreement between the applicant/developer and DSRSD. School capacity for the residents of this project will be provided pursuant to the school facilities mitigation agreement between the Alameda County Surplus Property Authority and the Dublin Unified School District, as required by the Eastern Dublin Specific Plan/EIR. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Vesting Tentative Map for Tract No. 6956, Neighborhood L-1 of Dublin Ranch Phase I, PA 98-045 subject to the following Conditions of Approval and subject to City Council approval of the proposed Planned Development Rezone/Development Plan and Development Agreement: CONDITIONS OF APPROVAL 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 Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attome¥, [B] Building division of the Community Development Depamnent, [DSR] Dublin San Ramon Services District, [FI Alameda County Fire Department/City of Dublin Fire Prevention, [FIN} Finance Department, [PL] Planning division of the Community Development Department, [PO] Police, [PW] Public Works Department. VESTING TENTATIVE MAP GENE~L CONDITIONS 1. Standard Conditions of Approval. Applicant/Developer PL Approval of Standard shall comply with the Conditions of Approval for the Improvement Master Vesting Tentative Map for Dublin Ranch Phase I Plans through (Tract No. 6925) PA-97-037. In the event of a conflict completion between the Master Conditions of Approval and these Conditions, these conditions shall prevail. 2. Standard Public Works Criteria. Applicant/Developer PW Approval of Standard shall comply with all applicable City of Dublin Standard Improvement Public Works Criteria (Attachment A). In the event of a Plans through conflict between the Public works Criteria and these completion Conditions, these conditions shall prevail. Approval of Vesting Tentative Map. Approval of the PL Approval of Standard Vesting Tentative Subdivision Map for Tract No. 6956 - Improvement Neighborhood L1 is conditioned upon the requirement Plans through that the development be consistent with the approved completion Planned Development (PD), PA 95-030 and PA 96-038, including the Land Use and Development Plan, and the General Provisions, Standards and Conditions. The City of Dublin, by its approval of the Vesting Tentative Map, makes no finding, expressed or implied, as to whether the proposed division and development of the property will or will not reasonably interfere with the free and complete exercise of rights described in Government Code Section 66436 (a)(3)(A)( 1 ). EIR. Applicant/Developer shall comply with ali PL Approval of Standard applicable action programs and mitigation measures of the Improvement Eastern Dublin General Plan Amendment/Specific Plan Plans through and companion Final Environmental Impact Report (EIR) completion that have not been made specific Conditions of Approval. Site Development Review. Applicant/Developer shall PL Issuance of Standard submit to the Director of Community Development for Building review and approval, architectural drawings and details, Permits plot plans, and other materials as may be required for Site Development Review (SDR) in accordance with the City of Dublin Zoning Ordinance. Fees. Applicant/Developer shall pay all applicable fees in Various Various 31-33, 47, effect at the time of building permit issuance, including, times, but no 266 but not limited to, Planning fees, Building fees, Dublin later than MM San Ramon Services District fees, Public Facilities fees, Issuance of Matrix Dublin Unified School District School Impact fees, Public Building Works Traffic Impact fees, Alameda County Fire Services Permits 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 TIF's shall be subject to recalculation and assessment of the fair share of the new or revised fees. Required Permits. Applicant/Developer shall obtain all Various Various PW necessary permits required by other agencies (Alameda times, but no County Flood Control District Zone 7, California later than Department of Fish and Game, Army Corps of Engineers, Issuance of State Water Quality Control Board, Etc...) and shall Building submit copies of the permits to the Department of Public Permits Works. Building Codes and Ordinances. All project B Through Standard construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. Ordinances/General Plan. Applicant/Developer shall PL Issuance of Standard comply with the City of Dublin Zoning Ordinance adopted Building September 1997, the City of Dublin General Plan, and all Permits applicable Specific Plans. Conditions of Approval. In submitting subsequent plans B Issuance of PW for review and approval, each set of plans shall have Building Standard attached an annotated copy of these Conditions of Permits. Approval and the Standard Public Works Criteria. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Criteria will be complied with. Construction plans will not be accepted without the annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies. Infrastructure. The location and siting of project PL, PW Approval of 39, 40 specific wastewater, storm drain, recycled water, and Improvement MM potable water system infrastructure shall be consistent Plans Matrix with the resource management policies of the Eastern Dublin Specific Plan. Solid Waste/Recycling. ApplicanffDeveloper shall ADM On-going 103, 104, comply with the City's solid waste management and 105, 279 recycling requirements. MM Matrix Refuse Collection. The refuse collection service provider PL Occupancy of 279 shall be consulted to ensure that adequate space is Any Building MM provided to accommodate collection and sorting of Matrix petrucible solid waste as well as source-separated recyclable materials, generated by the residents within this project. Utility Providers. Applicant/Developer shall provide PL, PW Approval of Standard documentation from utility providers that electric, gas, and Final Map telephone service can be provided to the subdivision. Waiver of Right to Protest. Applicant/Developer waives PL, ADM Occupancy of 17 any right to protest the inclusion of the property or any Any Building MM portion of it in a Landscape and Lighting Assessment Matrix District or similar assessment district, and further waives any right to protest the annual assessment for that District. Applicant/Developer shall prepare a plan for dissemination of information relating to the possible formation of a Landscape and Lighting Assessment District to prospective homebuyers. Said information shall be included in model home sales literature and as part of required Department of Real Estate disclosure documents. The plan for dissemination of information shall be approved by the Director of Community Development and City Attorney prior to final inspection. Water Quality Investigation. A water quality PL, PW Approval of ESDP investigation shall be submitted with each development Final Map EIR MM application, demonstrating existing water quality and 3.5/51.0 impacts that urban runoff would have. The water quality investigation should address the quantity of runoff and the effects form discharged pollutants from surface runoff into creeks and detention facilities. 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 Biological Assessment. An updated biological assessment of Neighborhood L-1 shall be prepared and submitted to the City for approval, to evaluate the existence of a Golden Eagle Nest site located north of the L-6 neighborhood boundary (adjacent to Tassajara Creek tributary) and identify the need for establishing an additional Golden Eagle Protection Zone around the nest site. PL, PW PL, PW Approval of Final Map Issuance of Grading Permit ESDP EIR MM 3.5/54.0 & 55.0 ESDP EIR MM 3.7/23. Amended Final Map. Prior to filing the Final Map for PW Tract No. 6956 - Neighborhood L1, the Final Map shall be filed for Tract No. 6960 which reflects the various lot line adjustments shown on the individual tentative maps. Public Service Easement Dedications. PW Applicant/Developer shall dedicate 8' wide Public Service Easements adjacent to the right of way on both sides of all streets. Abandonment of Easements and Right of Ways. PW Applicant/Developer or current landowner shall obtain an abandonment from all applicable public agencies of existing easements and right of ways. Location of Improvements/Configuration of Right of PW Way. All public sidewalks, handicap ramps, or other street improvements in the curb return area shall be located within the public right of way. The location of improvements and configuration of right of way shall be approved by the Director of Public Works prior to construction. Improvement and Dedication of Penwood Lane, PW Fieldstone Lane and Kelley Lane. Applicant/Developer shall dedicate to the City of Dublin the roads labeled as Penwood Lane, Fieldstone Lane and Kelley Lane (or alternatively approved street names) for public street purposes (46' wide right of way) and shall improve the streets to a width of 36' curb to curb, as shown on the Vesting Tentative Map for Tract No. 6956 - Neighborhood L1, dated October 19, 1998. A 5' wide sidewalk shall be constructed on both sides of the streets. Improvement and Dedication of Wingate Court and PW Lockridge Court. Applicant/Developer shall dedicate to the City of Dublin the roads labeled as Wingate Court and Approval of Final Map Approval of Final Map Approval of Final Map Approval of Improvement Plans Recordation of Final Map and Approval of Improvement Plans Recordation of Final Map and Approval PW Standard PW PW PW PW Lockridge Court (or alternatively approved street names) of for public street purposes (47' cul-de-sac bulb radii and Improvement 44' wide straight right of way) and shall improve the Plans streets to a width of 34' curb to curb and 42' curb radii, as shown on the Vesting Tentative Map for Tract No. 6956 - Neighborhood L1, dated October 19, 1998. A 5' wide sidewalk shall be constructed on both sides of the streets. 25. [Offsite]Improvement and Dedication of Extension of F, PW Recordation PW Penwood Lane for Two Access Points. Due to the of Final Map number of units proposed for construction on this site, and Approval there shall be a minimum of two access points to serve the of subdivision. If not already accomplished by prior Improvement development, Applicant/Developer shall dedicate to the Plans City of Dublin an extension of Penwood Lane from the western boundary of Tract No. 6956 - Neighborhood L 1 to North Dublin Ranch Drive, for public street purposes (46' wide right of way) and shall improve the street to a width of 36' curb to curb to the satisfaction of the Director of Public Works. A 5' wide sidewalk shall be constructed on both sides of the street. 26. [Offsite]Improvement of Dougherty Road/Dublin PW When deemed PW Boulevard Intersection. If not previously constructed by necessary by the City of Dublin, then Applicant/Developer shall pay the their fair share to improve the Dougherty Road/Dublin Development Boulevard intersection as specified in Table VII Summary Agreement of Improvements Required in the traffic study prepared by TJKM dated July 29, 1998, and as specified by the Director of Public Works. 27. [Offsite]Improvement of Santa Rita Road/I-580 PW When deemed PW Eastbound Ramps/Pimlico Drive Intersection. If not necessary by constructed by the City of Dublin or by another the Developer, then Applicant/Developer shall contribute their Development fair share of improvements for the Santa Rita Road/I-580 Agreement Eastbound Ramps/Pimlico Drive Intersection as specified in Table VII Summary of Improvements Required in the traffic study prepared by TJKM dated July 29, 1998, and as specified by the Director of Public Works. 28. [Offsite]Improvement of Dublin Boulevard between PW When deemed PW Hacienda Drive and Tassajara Road. If not previously necessary by constructed by Alameda County Surplus Property the Authority, then Applicant/Developer shall pay their fair Development share to improve Dublin Boulevard between Hacienda Agreement Drive and Tassajara Road as specified in Table VII Summary of Improvements Required in the traffic study prepared by TJKM dated July 29, 1998, and as specified by the Director of Public Works. Developer shall receive TIF credit. 29. [Offsite]Improvement of Tassajara Road. If not PW Occupancy of PW previously constructed by Alameda County Surplus any building Property Authority, then Applicant/Developer shall or when improve Tassajara Road between 1-580 and Dublin deemed Boulevard to six lanes of pavement as specified in Table necessary by VII Summary of Improvements Required in the traffic the Director study prepared by TJKM dated July 29, 1998, as specified of Public in the Precise Plan for Eastern Dublin Santa Rita property, Works and as specified by the Director of Public Works. 30. [OffsitelImprovement of Emergency Access Lane in F, PW Issuance of Standard Tassajara Road. Applicant/Developer shall construct a the 75th 12' wide paved emergency access lane in Tassajara Road Building from Gleason Drive to South Dublin Ranch Drive to Permit provide a temporary secondary access to the project site until a secondary street access to the site is fully constructed. This condition may be waived if other paved access routes are reviewed and approved by the Alameda County Fire Department and the Director of Public Works. Alternate access routes shall be posted as "Emergency Exits" during construction, and shall be disclosed to buyers. 31. [OffsitelT.I.F. Improvement of Tassajara Road. PW As Specified PW Applicant/Developer shall improve Tassajara Road and in the construct four travel lanes (2 northbound and 2 Development southbound) along project frontage from North Dublin Agreement or Ranch Drive to Dublin Boulevard. Applicant/Developer when deemed shall improve Tassajara Road and construct four travel necessary by lanes (2 northbound and 2 southbound) from Gleason the Director Drive to Dublin Boulevard. The improvements shall be of Public constructed per the Tassajara Road Alignment plans Works prepared by MacKay & Somps dated October 20, 1998, and to the satisfaction of the Director of Public Works. Applicant/Developer shall agree to cooperate with the City of Dublin, the Alameda County Surplus Property Authority, Pao Lynn Property (Dublin Ranch Area A-E) and other property owners along Tassajara Road in the development and construction of improvements on Tassajara Road. The goal of the overall improvement plan is to construct all TIF improvements needed for capacity and access to Dublin Ranch Phase 1 while maximizing conformance to the ultimate improvements and minimizing interim, "throw-away" improvements. The Director of Public Works shall review and approve all street geometrics of the interim improvements. Applicant/Developer shall be responsible for constructing and/or funding improvements as allocated under the terms of an agreement among the above parties for improvement of the road. Applicant/Developer shall receive TIF credit for all TIF improvements constructed in the ultimate alignment. In the event that a multi-party agreement for the construction of improvements fails to be reached by all parties, Applicant/Developer shall be responsible for the construction of the offsite TIF improvements conditioned under Tract No. 6925. 32. [Offsite]Tract No. 6925 Improvements. PW Occupancy of PW Applicant/Developer shall complete all proposed any building improvements included with the Tract No. 6925 subdivision improvements that have not yet been completed and approved by the Director of Public Works, except those listed in previous conditions of approval. Any and all outstanding improvements shall be constructed as conditioned with Tract No. 6925 and shall be to the satisfaction of the Director of Public Works. 33. Decorative Paving. Applicant/Developer shall not PW Approval of PW construct decorative pavement within City right-of-way Improvement unless otherwise approved by the Director of Public Plans Works. The type of decorative pavers and pavement section shall be subject to review and approval of the Director of Public Works. Decorative pavement across entrances to all private streets shall be constructed to the satisfaction of the Director of Public Works. 34. Decorative Paving Plan. Where decorative paving is PW, ADM Approval of 17 installed in public streets, a Decorative Paving Plan shall Improvement MM be prepared to the satisfaction of the Director of Public Plans Matrix Works. Pre-formed traffic signal loops shall be used under the decorative paving, and sleeves shall be used under decorative pavement to accommodate future utility conditions. Where possible, irrigation laterals shall not be placed under the decorative paving. Maintenance costs of the decorative paving shall be included in a landscape and lighting maintenance assessment district or other funding mechanism acceptable to the Director of Public Works. 35. Fire/Emergency Access off Penwood Lane. PW, PO Approval of PW, PO Applicant/Developer shall provide a bollard at Parcel "B" Improvement of Tract No. 6956 at a location to the satisfaction of the Plans Director of Public Works and Dublin Police Service. Access for removal of the bollard shall be provided for emergency responders. 36. Decorative Streetlights. Decorative streetlights shall PW Approval of Standard conform to those approved with improvement plans for Improvement Tract No. 6925. A street lighting plan which demonstrates Plans compliance with this condition shall be submitted prior to recordation of the Final Map and shall be subject to review and approval by the Director of Public Works. 37. Retaining Walls. Fences which are proposed on top of PL Approval of PL any retaining walls that are greater than 30" high shall be Improvement offset a minimum of 1' to provide planting areas. Plans 38. Soundwalls. Soundwalls that are higher than 6' shall be PL Approval of PL designed in combination with an earth berm to create the Improvement appearance of a maximum 6' high wall as viewed from Plans Tassajara Road. 39. Sound Barriers and Mitigation Measures. All sound PL, PW Approval of Standard barriers and mitigation measures included in the noise Improvement study prepared by Charles Salter Associates dated October Plans/ 14, 1998 shall be incorporated into the development plans. Issuance of Berm/soundwall combinations shall be used for required Building sound barriers along Tassajara Road to reduce the Pemits apparent height of the walls. 40. Landscaped Pedestrian Path Facilities. PW Occupancy of Standard Applicant/Developer shall dedicate to the Community Any Building Homeowners Association and shall construct the pedestrian path facilities within Parcels "A", "B", "C", "D" of Tract No. 6956 and Parcel "X" of Tract No. 6925 as shown on the Vesting Tentative Map for Tract No. 6956 - Neighborhood L1 and to the satisfaction of the Director of Public Works. Applicant/Developer shall grant an emergency vehicle access easement to the City of Dublin over all pedestrian path facilities to the satisfaction of the Director of Public Works. [Offsite]Sidewalks along North Dublin Ranch Drive PW Occupancy of PW and Antone Way. Applicant/Developer shall design and Any Building construct a 6' wide gidewalk located 10' behind the back of curb along the northerly frontage of North Dublin Ranch Road between the easterly subdivision boundary of Tract No. 6962 and Antone Way, and Applicant/Developer shall design and construct a 10' wide sidewalk located 6' behind the back of curb along the northerly frontage of Antone Way between North Dublin Ranch Drive and the easterly subdivision boundary, including handicap ramps where necessary, to the satisfaction of the Director of Public Works. ADA Requirements/Handicap Ramps. All handicap PW Completion of Standard ramps shall comply with all current State ADA Improvements requirements and City of Dublin Standards. Pedestrian Trail. Access to the pedestrian trail within PW Completion of Standard Parcel "D" of Tract No. 6956 through Parcels "A", "B" Improvements and "C' of Tract No. 6956 and access to the Neighborhood Park through Parcel "V" of Tract No. 6925 via the dedicated bridges/culvert crossings and/or other facilities shall all comply with all current City of Dublin Standards. The trail through Parcel "B" shall be constructed of grasscrete, turfblock or other equal approved by the Director of Public Works. Open Space and Recreation Dedication and PL, PW Approval of PW Improvement. The Open Space and Recreation Parcels Final Map "L", "M', "N", "P" and "W" of Tract No. 6925 shall be and dedicated to the Community Homeowners Association. Improvement Bank stabilization shall be required to be installed within Plans the corridors if needed, as determined by the Director of Public Works. Stream/Open Space Corridor Dedication and PW Approval of PW Improvement. Applicant/Developer shall dedicate to the Improvement City of Dublin and improve the stream/open space Plans/ corridor Parcel "V" of Tract No. 6925 (located adjacent Construction to the Neighborhood Park) to provide adequate hydraulic of capacity, insure that the velocity in the stream will not Improvements exceed 6 feet per second, provide erosion control and prior to provide landscaping including a 12 foot wide multi-use Occupancy of trail, to the satisfaction of the Director of Public Works. Any Building Applicant/Developer shall design and construct all storm drain channel improvements to consist of natural creek bottoms and side slopes with natural vegetation where possible and to the satisfaction of the Director of Public Works. Applicant/Developer shall install the landscape improvements for the stream/open space parcel concurrently with the adjacent residential parcels. Enhanced landscaping shall be used to develop the stream 10 corridor adjacent to the Neighborhood Park. Details regarding the landscaping to be used in the stream corridor shall be addressed in conjunction with the design of the park, subject to approval of the City's Parks & Community Services Department, Planning, and Public Works Departments. Stream/Open Space Corridor Dedication and PW Approval of PW Improvement. Applicant/Developer shall dedicate to the Improvement Community Homeowners Association and improve the Plans/ stream/open space corridor Parcel "Y" of Tract No. 6925 Construction (located adjacent to Area A in Tract No. 6960 - of Neighborhood L5) to provide adequate hydraulic capacity, Improvements insure that the velocity in the stream will not exceed 6 feet prior to per second, provide erosion control and provide Occupancy of landscaping including a 12 foot wide multi-use trail, to the Any Building satisfaction of the Director of Public Works. The multi- use trail shall be dedicated to the City of Dublin. Applicant/Developer shall design and construct all storm drain channel improvements to consist of natural creek bottoms and side slopes with natural vegetation where possible and to the satisfaction of the Director of Public Works. Applicant/Developer shall install the landscape improvements for the stream/open space parcel concurrently with the adjacent residential parcels. Details regarding the landscaping to be used in the stream corridor shall be addressed in conjunction with the design of the park, subject to approval of the City's Parks & Community Services Depamnent, Planning, and Public Works Departments. Side Yard Setbacks. Side yard setbacks for homes PL Issuance of PL adjacent to greenbelts, parks, stream corridors and Building common open space areas, including Tassajara Road, shall Permits be a minimum of 10' unless an exception is approved by the Community Development Director. Storm Drain Connections. Applicant/Developer shall not PW Approval of PW be permitted to make a direct connection of private storm Improvement drains into the stream/open space corridors. Plans Updated Master Drainage Study. Applicant/Developer PW Submitted PW shall prepare an updated Master Drainage Study Prior to (originally prepared by MacKay & Somps, dated August Issuance of 1998). Finished Grading Permit / Approval Prior to Occupancy of Any Building Storm Drain Improvements. All storm drain PW Approval of PW improvements and mitigation measures identified in the Improvement Master Drainage Study applicable to drainage resulting Plans 11 from Phase I residential neighborhoods and/or specified by the Director of Public Works shall become requirements of this subdivision. [Offsite]Storm Drain Improvements. All offsite storm PW Occupancy of PW drain improvements needed to serve the subdivision, as Any Building shown on Tract No. 6925 improvement plans, shall be constructed and accepted for service as directed by the Director of Public Works. [Offsite]Water and Sewer Lines. All offsite water and PW Occupancy of PW sewer lines needed to serve the subdivision, as shown on any building Tract No. 6925 improvement plans, shall be constructed and accepted for service as directed by the Director of Public Works. Utilities Phasing. The construction of the utilities shall PW Occupancy of PW conform to the phasing of construction and access shown any building on the Master Utility Map and Phasing Plan or as directed by the Director of Public Works. Joint Utility TrenchesfUndergrounding/Utility Plans. PW Occupancy of PW Applicant/Developer shall construct all joint utility affected units Utilities trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the Director of Public Works and any applicable agency. All conduit shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the Director of Public Works. Location of these items shall be shown on the Final Landscaping and Irrigation Plan. PUBLIC ~AI~KS 55. Public Facilities Fee/Parks. Applicant/Developer shall PL Issuance of Standard pay a Public Facilities Fee in the amounts and at the times Building set forth in the City of Dublin Resolution No. 32-96, Permits including any subsequent resolution which revises such fee. Notwithstanding the preceding sentence, the amount of the Public Facilities Fee shall be reduced by the "Neighborhood Parks, Land" and "Neighborhood Parks, Improvements" component of the Public Facilities Fee as follows: The amount of the "Neighborhood Parks, Land" dedication for the project is 3.44 acres. 56. Neighborhood Park Improvements. If PL, PW As specified Parks & Applicant/Developer constructs the Neighborhood Park in the Comm. (Parcel "J" of Tract No. 6925), it shall be designed and Development Services constructed in accordance with the neighborhood park Agreement Dept. 12 standards as contained in the City of Dublin's Parks and Recreation Master Plan and the City of Dublin's Park Development Standards. The design of the park shall be approved by the City of Dublin Parks and Recreation Department, Director of Community Development and Director of Public Works. Neighborhood Park Dedication. Applicant/Developer shall dedicate to the City of Dublin 5.1 acres of land for the Neighborhood Park shown as Parcel "J" on the Master Vesting Tentative Map Tract No. 6925. The land to be dedicated and underlying groundwater shall be free of hazardous substances and Applicant/Developer shall present evidence satisfactory to the City of such condition prior to acceptance. The dedication of 3.44 acres by Applicant/Developer shall satisfy Applicant/Developer's obligation under Dublin Municipal Code Chapter 9.28 (City of Dublin's "Quimby Act Ordinance") for neighborhood park land for the project and shall be a credit against the portion of the Public Facilities Fee for the project for "Neighborhood Parks, Land." The Development Agreement for the project shall address credit for the 1.66 acres dedicated in excess of the required 3.44 acres. Following the construction of the Neighborhood Park to the City of Dublin's standards and to the City's satisfaction, Applicant/Developer shall dedicate the park to the City. PL Varies as Parks & indicated in Comm. condition of Services approval Dept. Hold Harmless/Indemnification. Applicant/Developer, and any parties or individuals granted rights-of-entry by Applicant/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 (a) 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 concerning a subdivision or other development which actions are brought within the time period provided for in Government Code Section 66499.37 and (b) holding the City liable for any damages or wages in connection with the construction of the parks; provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full actions or proceedings 13 PL, PW Any Action Standard Landscape Strip. Applicant/Developer shall design and professionally landscape an irrigated 10 foot landscape strip between the sidewalk and the back of curb along the frontage of North Dublin Ranch Drive to the satisfaction of the Director of Public Works. Root barriers shall be installed surrounding each tree or along the sidewalk and back of curb on each side of the street. This landscape strip shall be adequately maintained by the Community Homeowners Association under the direction and oversight of the City of Dublin Public Works Department. These landscaped areas shall be subject to the City's Water Efficient Landscape Regulations. [Offsite]Landscape Strip along North Dublin Ranch Drive. Applicant/Developer shall design and professionally landscape an irrigated 10 foot landscape strip between the sidewalk and the back of curb along the northerly frontage of North Dublin Ranch Drive between the easterly boundary of Tract No. 6962 and westerly subdivision boundary, to the satisfaction of the Director of Public Works. Root barriers shall be installed surrounding each tree or along the sidewalk and back of curb on each side of the street. This landscape strip shall be adequately maintained by the Community Homeowners Association under the direction and oversight of the City of Dublin Public Works Department. These landscaped areas shall be subject to the City's Water Efficient Landscape Regulations. Landscape Strip along North Dublin Ranch Drive. Applicant/Developer shall design and professionally landscape an irrigated 10 foot landscape strip between thc sidewalk and the back of curb along the frontage of North Dublin Ranch Drive to the satisfaction of the Director of Public Works. Root barriers shall be installed surrounding each tree or along the sidewalk and back of curb on each side of the street. This landscape strip shall be adequately maintained by the Community Homeowners Association under the direction and oversight of the City of Dublin Public Works Department. These landscaped areas shall be subject to the City's Water Efficient Landscape Regulations. Landscaping and Street Trees. The Applicant/Developer shall construct all landscaping within the site, along the project frontage from the face of curb to the site right-of-way, and all street trees proposed within the public service easements, to the design and specifications of the Specific Plan and City of Dublin specifications, and to the satisfaction of the Director of Public Works and Director of Community Development. Street trec varieties ora minimum 15-gallon size shall be planted along all street frontages and shall be shown on PW Occupancy of Adjacent Building PW PW Occupancy of Adjacent Building PW PW Occupancy of Adjacent Building PW PL, PW Completion of PW Improvements 14 the Landscaping plans. Exact tree locations and varieties shall be reviewed and approved by the Director of Public Works. The proposed variety of trees to be planted adjacent to sidewalks or curbs shall be submitted for review to and approval by the Director of Public Works. Root shields shall be required unless otherwise determined by the Director of Public Works and the Director of Community Development. 63. Landscaping in Parks, Open Spaces and Stream PW, PL Occupancy of PW Corridor Parcels. The landscape improvements for parks, Any Building open spaces and stream corridor parcels shall be installed by Applicant/Developer concurrently with the development of the adjacent residential parcel (i.e.; Parcels A, B, C, D, G, H, I, Q and R of Tract No. 6925), unless otherwise specified by the City Manager or the Dublin Ranch Phase I Development Agreement. Restoration/establishment plans and monitoring programs are required for all stream corridors and open space areas that are proposed to be planted with trees and shrubs and shall be approved by the Director of Public Works and the Community Development Director. 64. Open Space Management Program. An Open Space PL, PW Program Standard Management Program shall be submitted for approval by approved the Community Development Department. The prior to Management Program for Open Space areas shall be in Approval of addition to the Fire Buffer Zone and shall address noxious Final Map/ weed control and fire control. Standards to ensure the CC&R's healthy establishment and survival of all Open Space submitted plantings shall be designated in the Open Space prior to Management Program and shall be subject to review and Recordation approval by the City at Applicant/Developer's expense, of Final Map The program shall include provisions for mowing and and approved removal of cut plant materials, debris, and other prior to miscellaneous trash items. The requirements of this Occupancy program shall be included in the Community Homeowners of Any Association CC&R's and shall be subject to review and Residential approval by the Community Development Director and Unit Public Works Director. Any necessary restoration of Open Space plantings shall be the responsibility of the Community Homeowners Association, and shall be completed according to the time frame contained within the Management Program. If the Open Space plantings are not maintained according to the standards established by the Management Program, the City will have the right, but not the obligation, to take corrective measures and to bill the Community Homeowners Association for the cost of such maintenance and corrective measures plus the City overhead costs. 65. Landscape Maintenance and Easement Dedication. PL, PW I Approval of Standard/ Applicant/Developer shall maintain landscaping after I Final Map/ PW 15 City-approved installation until the appropriate homeowners association is established and assumes the maintenance responsibilities. This maintenance shall include weeding and the application of pre-emergent chemicals. Landscape maintenance easements shall be granted for all landscaped areas occurring on private, individual homeowner lots which are to be maintained by the Community and Neighborhood Homeowners Associations. Completion of Improvements Lighting and Landscape Maintenance Assessment Districts. Applicant/Developer is responsible for lighting and landscape maintenance through Lighting and Landscaping Maintenance Assessment Districts or any other method of maintaining the lighting and landscaping approved as part of this project. Landscaping at Aisle Intersections. Landscaping at aisle intersections shall be such that sight distance is not obstructed. Except for trees, landscaping shall not be higher than 30 inches above the curb in these areas. PL Recordation PW of Final Map PL, PW Completion of Standard Improvements PW, PL Issuance of any Grading Permits Acceptance of Improvements PW MM Matrix 3.7/3.0 Perimeter Graded Slopes. Perimeter graded slopes which are greater than 10 feet vertically shall be no steeper than 3H: 1V unless otherwise approved by the Director of Public Works, and graded slopes steeper than 3H: 1V and greater than 30 feet vertically shall be benched in accordance with the approved geotechnical report. All slopes shall be graded in conformance with the approved Planned Development, PA 95-030 and PA 96-038, for Tract No. 6925 and as required by the Eastern Dublin Specific Plan and Scenic Corridor development standards, grading policies and action programs and are subject to the approval of the Director of Public Works and the Director of Community Development. Graded Slopes/Erosion Control. All landscaped and graded slopes in open space areas shall be hydroseeded and treated with erosion control measures immediately upon completion to prevent soil erosion. The hydroseed mix shall be subject to approval by the Director of Public Works. PW [Offsite]Traffic Signals. Applicant/Developer is responsible for installation, modification, or payment of pro rata share of signalization at the following intersections to the satisfaction of the Director of Public Works: PW As specified PW in the Development Agreement or when deemed necessary by the Director of Public Works 16 a. I Tassajara Road/South Dublin Ranch Drive b. I Tassajara Road/North Dublin Ranch Drive c. I Tassajara Road/Gleason Drive The signal improvements shall accommodate conversion to serve a four-legged intersection to the extent possible, minimizing replacement or relocation of improvements. The cost of the signal shall be the responsibility of Applicant/Developer, with no TIF credits given for (a) and I (b) listed ab°ve' Applicant/Developer shall agree to cooperate with the cityof Dublin, the Alameda County Surplus Property Authority, and other property owners along Tassajara Road_ in the installation of the traffic signals. Applicant/Developer shall be responsible for constructing and/or funding improvements as allocated under the terms of an agreement among the above parties for installation In theevent that a multi-party agreement for the installation of the traffic signals fails to be reached by all parties, Applicant/Developer shall be responsible for the installation of the traffic signals. Pinehurst Lane/Kelley Lane and North Dublin Ranch PW Occupancy of PW Drive Intersection. Unless previously constructed, Any Building Applicant/Developer shall install all-way STOP signs at the_i_ntersection of Pinehurst Lane/Kelley Lane and North Dublin Ranch Drive as recommended in the traffic study prepared by TJKM, dated July 29, 1998. Antone Way and South Dublin Ranch Drive PW Occupancy of PW Intersection. Unless previously constructed, Any Building Applicant/Developer shall install all-way STOP signs at the_intersection of Antone Way and South Dublin Ranch Drive as recommended in the traffic study prepared by TJKM, dated July 29, 1998, if the improvements have not already been installed with another phase of development within Tract No. 6925. No parking Areas along North Dublin Ranch Drive. PW Occupancy of PW Applicant/Developer shall designate no parking areas Any Building .alongNorth Dublin Ranch Drive within 50 feet of all intersections, as recommended in the traffic study prepared by TJKM, dated July 29, 1998, and as directed by the Director of Public Works. 17 LAVTA. Applicant/Developer shall cooperate with the LAVTA to provide convenient access to public transit, to enhance local and regional mobility and integration of LAVTA with other public transit systems, and to locate bus alignments, turnouts, service stops, bus shelters and other transit amenities. The cost of procuring and installing the necessary improvements to meet the requirements listed above shall be paid by Applicant/Developer. Applicant/Developer shall comply with ali applicable requirements of LAVTA and as indicated in the letter from "WHEELS" dated November 18, 1998. PW Approval of Final Map and Improvement Plans PW Secondary Emergency Vehicle Access Route. In PW, F accordance with the ACFD requirements, for all phases of development in excess of 25 lots, Applicant/Developer shall provide secondary emergency vehicle access routes into all proposed residential developments. In all phases of development in excess of 75 lots, Applicant/Developer shall provide a second street access into all proposed residential developments. Applicant/Developer shall demonstrate how emergency access requirements shall be achieved on the Improvement Plans to the satisfaction of the City and the ACFD. ACFD Rules, Regulations and Standards. F Applicant/Developer shall comply with all Alameda County Fire Services (ACFD) rules, regulations and standards, including minimum standards for emergency access roads and payment of all applicable fees, including a City of Dublin Fire Impact Fees. Fire Conditions. Developer shall comply with all F conditions of the Alameda County Fire Department (ACFD) as listed in the letter from ACFD dated October 26, 1998, including: Approval of Improvement Plans Issuance of Building Permits PW Issuance of Building Permits 74 MM Matrix Prior to the stockpiling of any combustible materials or commencement of combustible construction on the site, approved access and water supply shall be in place and operational. Standard Structures that are within the Wildfire Management Plan area shall meet the requirements for construction, roof covering and fire sprinkler installation. Landscape design plan shall meet the requirements of the Wildfire Management Plan. Within the "Open Space" areas the abatement of grasses and combustible materials for areas both inside and outside of the designated Fire Buffer shall be completed as required and maintained throughout the fire season, or as required by the Fire Chief. Abatement standards require grasses and combustible materials be removed when cut. Details related to the responsibility of the maintenance within these areas shall be included in any CC&R's or Homeowners Associations Bylaws. Detailed landscape plans including plant species and groundcover shall be submitted for review and approval prior to installation. The roadway width on all courts is shown as a 44' right of way, with a 34' roadway. This width would mandate that parking be restricted to one side of the street to allow for emergency vehicle access. The minimum radius for any cul-de-sac shall be 42 feet, except Kelley Court which may have a minimum radius of 40 feet. 18 e. I Fire hydrants shall be so spaced that the maximum distance between them does not exceed 1 400 to 450 feet. Locations shall be reviewed and approved by Alameda County Fire Department and Dublin San Ramon Services District prior to installation. A complete utility plan showing main location, size and hydrant locations shall be submitted to this office for review and approval. The minimum fire flow for this development is 1500 gallons per minute from one hydrant flowing for a 120-minute duration. f. Plans may be subject to revision following review. 78. Fire Accesses. Fire accesses between residences shall be F, PO Occupancy of 70 controlled by fences and adequate gates to prevent Any Building MM unauthorized pedestrian traffic. Matrix 79. Projected Timeline. Developer shall submit a projected PO Issuance of 66, 69, 70 timeline for project completion to the Dublin Police Building MM Services Department, to allow estimation of staffing Permits Matrix requirements and assignments. LOOO CONT 80. Wells. Any water wells, cathodic protection wells or Zone 7 Issuance of Standard exploratory borings shown on the map that are known to Grading exist, are proposed or are located during field operations Permits without a documented intent of future use, filed with Zone 7, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7 and the Alameda County Department of Environmental Services or are to be maintained in accordance with applicable groundwater protection ordinances. Other wells encountered prior to or during construction are to be treated similarly. 81. Salt Mitigation. Recycled water projects must meet any Zone 7, PW On-going 141 MM applicable salt mitigation requirements of Zone 7. Matrix 82. Requirements andFees. Applicant/Developer shall Zone 7, PW Issuance of Standard comply with all Alameda County Flood Control and Building Water Conservation District-Zone 7 Flood Control Permits requirements and applicable fees. S~ RA, SERVICES DiS~C~ ~SR_SD~ 83. Construction by Applicant/Developer. All in-tract DSR Completion of Standard potable and recycled water and wastewater pipelines and Improvements facilities shall be constructed by the Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements. 84. Responsibilities for Subdivider. Applicant/Developer DSR, PW Approval of Standard shall comply with all implementation "responsibilities for Improvement subdivider" as outlined in Tables 9.1 and 9.2 of the Plans "Wastewater Service Matrix of Implementation Responsibilities", Table 3 "Storm Drainage Matrix Implementation Responsibilities of the Eastern Dublin Specific Plan dated January 7, 1994 for water systems incorporated herein by reference and the "Water Efficient Landscape Ordinance # 18-92". 85. DSRSD Water Facilities. Water facilities must be DSR Acceptance of DSRSD connected to the DSRSD or other approved water system, Improvements and must be installed at the expense of 19 Applicant/Developer in accordance with District I I Standards and Specifications. All material andI I workmanship for water mains and appurtenances thereto I I must conform with all of the requirements of the officially I I adopted Water Code of the District and shall be subject toI I field inspection by the District. Applicant/Developer shallI I I comply with all conditions of the DSRSD as shown in I I I their letter dated October 30, 1998, including: I a. Complete improvement plans shall be submitted to DSRSD that Issuance of DSRSD conform to the requirements of the DSRSD Code, the DSRSD Building "Standard Procedures, Specifications and Drawings for Design and Permits Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and all DSRSD policies. b. All mains shall be sized to provide sufficient capacity to Issuance of DSRSD accommodate future flow demands in addition to each Building development project's demand. Layout and sizing of mains shall Permits be in conformance with DSRSD utility master planning. c. Sewers shall be designed to operate by gravity flow to DSRSD's Approval of 118 existing sanitary sewer system. Pumping of sewage is discouraged Improvement MM and may only be allowed under extreme circumstances following a Plans Matrix 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 separate agreement with Applicant/Developer for any project that requires a pumping station. d. Domestic and fire protection waterline systems for residential Approval of DSRSD tracts or commercial developments shall be designed to be looped Improvement or interconnected to avoid dead-end sections in accordance with Plans requirements of the DSRSD Standard Specifications and sound engineering practices. e. DSRSD policy requires public water and sewer lines to be located Approval of DSRSD in public streets rather than in off-street locations to the fullest Improvement extent possible. If unavoidable, then public sewer or water Plans easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. f. The locations and widths of all proposed easement dedications for Issuance of DSRSD water and sewer lines shall be submitted to and approved by Grading DSRSD. Permit or Site Development Permit g. All easement dedications for DSRSD facilities shall be by separate Approval of DSRSD instrument irrevocably offered to DSRSD or by offer of dedication Final Map on the Final Map. h. The Final Map shall be submitted to and approved by DSRSD for Approval of DSRSD easement locations, widths, and restrictions. Final Map 20 i. All utility connection fees, plan checking fees, inspection fees, Issuance of DSRSD permit fees, and fees associated with a wastewater discharge permit Building shall be paid to DSRSD in accordance with the rates and schedules Permits established in the DSRSD Code. j. All improvement plans for DSRSD facilities shall be signed by the Issuance of DSRSD District Engineer. Each drawing of improvement plans shall Building contain a signature block for the District Engineer indicating Permits approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, Applicant/Developer shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. Applicant/Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. k. No sewer line or water line construction shall be permitted unless Issuance of DSRSD the proper utility construction permit has been issued by DSRSD. Building A construction permit will only be issued after all of the DSRSD Permits and conditions herein have been satisfied, all DSRSD requirements I. The Applicant/Developer shall hold DSRSD, its Board of On-going DSRSD Directors, commissions, employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from the construction and completion of the project. 86. DSRSD Annexation 94-1. The project lies within the DSR On-going DSRSD area annexed to DSRSD in 1995 as DSRSD Annexation 94-1. All properties within this annexation are subject to DSRSD conditions which restrict the availability of services. All parcels which seek service from DRSRD within this area are also subject to the conditions of the Areawide Facility Agreement with Lin et al, which regulates the manner and timing of services by the District. 87. DSRSD Recycled Water Use Zone. The project is DSR On-going DSRSD located within the District Recycled Water Use Zone (Ordinance 280), which calls for installation of recycled water infrastructure to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available in the future to the project site, as described in the DSRSD Eastern Dublin Facilities Plan Update, June 1997. Unless specifically exempted by the District Engineer, compliance with Ordinance 280 is required. The recycled water facilities shall be designed to conform to all applicable District Standards and specifications. 88. DSRSD Recycled Water Mains. Inactivated recycled DSR Approval of DSRSD water mains shall be installed in the vicinity of this Improvement project. Offsite recycled water main extensions to connect Plans 21 to existing facilities not yet activated shall be required. I Recycled water irrigation service taps and lines for this I development shall be required to connect to onsite and I offsite recycled water mains and extended to the property I line, to allow for conversion to the recycled water system I when available. Improvement plans shall include all I required recycled water improvements. 8~ DSRSD Potable Water Infrastructure. The DSRSD DSR Approval of DSRSD Eastern Dublin Facilities Plan Update, June 1997 and I Improvement policies of the Board of Directors require that recycled I Plans water be provided to the Eastern Dublin area including I Dublin Ranch, and potable water infrastructure has been I sized reliant on this. The statement on Page 6 of the I Vesting Tentative Map project description that states that I recycled water "may" be available from the DSRSD I wastewater plant shall be corrected accordingly to the I satisfaction of the DSRSD. Additionally, the suggestion I that individual neighborhoods will not be required to I install recycled water mains shall be stricken from the I plans; this determination shall be made by the District I with reference to Ordinance 280 after examination of I detailed landscaping and improvement plans. TIONS 90. Homeowners Association. Applicant/Developer shall PW, PL Approval of Standard establish a Neighborhood Homeowners Association and a Final Map Community Homeowners Association that will monitor and provide oversight to thc maintenance of owner- maintained street landscape areas and common areas. Maintenance responsibilities shall be as shown on the submitted Open Space and Ownership and Maintenance Plan dated October 19, 1998, and revised November 19, 1998. In the event that any such landscape area falls into a state of disrepair, the City will have the right but not the obligation to take corrective measures and bill the homeowners association for the cost of such repair and corrective maintenance work plus City overhead. These requirements shall be included in the project Conditions, Covenants and Restrictions documents (CC&Rs). The Developer shall submit the project CC&Rs for review and approval by the Director of Public Works and the Director of Community Development. 91. Covenants, Conditions and Restrictions (CC&Rs). PL Submitted 17, 75, 77 Covenants, Conditions and Restrictions (CC&Rs) shall be Prior to MM established for this development. The CC&Rs shall be Approval of Matrix approved by the Director of Community Development to Final Map and assure that: Approved Prior to Issuance of Any Building Permits 22 a. A Homeowners Association is established for this development complete with Bylaws. b. There is adequate provision for at least the maintenance, in good repair, of all commonly owned facilities, property and landscaping, including but not limited to open space ar~as, lighting, recreation facilities, landscape and irrigation facilities, fencing, and drainage and erosion control improvements. c. The parking of recreational vehicles between a building and a public street and along a public street shall not occur. Recreational Vehicles are defined as a motorhome, travel trailer, utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab, camping trailer, or tent trailer, with or without motive power. d. The landscaping and irrigation on individual parcels developed with a single-family unit shall be maintained and kept in good order by the resident and/or owner of each residence. e. Homeowners Association complies with the City's Wildfire Management Plan for covering long-term maintenance of the urban/open-space interface. fi Homeowners Association shall keep community walls clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials and foliage shall be used. Phased Occupancy Plan. If occupancy is requested to PL, B Submitted PL occur in phases, then all physical improvements within prior to each phase shall be required to be completed prior to issuance of occupancy of units within that phase except for items building specifically excluded in an approved Phased Occupancy permits/ Plan, or minor hand work items, approved by the Approved a Department of Community Development. The Phased minimum of Occupancy Plan shall be approved by the Director of 45 days prior Community Development a minimum of 45 days prior to to Occupancy the request for occupancy of any unit covered by said of Affected Phased Occupancy Plan. Any phasing shall provide for Unit adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. Acknowledgment. Applicant/Developer shall obtain a PL, ADM, Sale of any Standard written acknowledgment (secured from the individual B unit within a property owner) acknowledging the continuance of phase construction activity within the unoccupied phases of the project. The written acknowledgment shall include a statement that the property owner has reviewed and understands the phasing plan and the associated Conditions of Approval. Said acknowledgment is subject 23 to City Attorney review and approval. Applicant/Developer shall keep a copy of said written acknowledgment on file and shall submit the original signed acknowledgment to the Department of Community Development within three (3) days upon request of the Director of Community Development. If Applicant/Developer fails to comply, the Director of Community Development may require the submittal of the written acknowledgment prior to release of occupancy of any future units and/or future phases. 94. Postal Service. Applicant/Developer shall confer with PL, PW Approval of Standard local postal authorities to determine the type of mail units Final Map required and provide a letter from the Postal Service stating its satisfaction with the units proposed. Specific locations for such units shall be subject to approval and satisfaction of the Postal Service and the Director of Community Development and Director of Public Works. A plan showing the locations of all mailboxes shall be submitted for review and approval by the Director of Public Works. PASSED, APPROVED AND ADOPTED this 8th day of December 1998. AYES: ' NOES: ABSENT: Cm. Jennings, Johnson, and Oravetz Cm. Hughes, and Musser Community Development Director Plannin~ Commission Cairperson ~/ G:\pa#\ 1998\98045\PCRESL 1. 24