HomeMy WebLinkAbout8.2 Attch 1 Reso SDRRESOLUTION NO. 09- XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW
FOR FIORANO AT POSITANO, FOR
43 SINGLE FAMILY DETACHED RESIDENTIAL UNITS ON
APPROXIMATELY 9.2 ACRES WITHIN TRACT 7951
PA 09-034
WHEREAS, the Applicant, D. R. Horton Northern California Division, has requested approval of
a Site Development Review, PA 09-34 for 43 single family detached residences on a portion of the
Salerno project site originally approved on September 11, 2007 by Planning Commission Resolution 07-
45 for the first phase of the development referenced as Positano (Tract 7586) and amended on April 14,
2009, by Planning Commission Resolution 09-11 for that portion of the Positano project known as
Salerno II; and
WHEREAS, Fiorano at Positano is approximately 9.2 acres within Tract 7951 located within
Salerno II in the vicinity north of Positano Parkway, south of Forino Drive, east of Salerno Drive, and west
of La Strada Drive in the southwesterly area of the Positano project over all and specifically in southeasterly
area of the Salerno II neighborhood; and
WHEREAS, the proposed project is located within the Eastern Dublin Specific Plan and the
Planned Development Zoning District, PA 05-038; and
WHEREAS, Site Development Review PA 07-005 was approved for 247 detached single-family
homes on 72 acres for the first phase of the neighborhood known as Cantara (72 detached single-family
homes) and the Salerno neighborhood of 175 detached single-family homes, of which 26 lots already have
been developed as Salerno I; and
WHEREAS, a Site Development Review PA 07-005 was amended on April 14, 2009 by Planning
Commission Resolution 09-11 with specific reference to 149 units known as Salerno II of which the
proposed project is a part; and
WHEREAS, on November 8, 2005, the Planning Commission adopted Resolution No. 05-61
approving Vesting Tentative Tract Map 7586; and
WHEREAS, on December 13, 2005, the City Council adopted Ordinance No. 32-05 approving
Planned Development (PD) Rezoning - Stage 1 Planned Development zoning for the entire 1,134-acre
Fallon Village (PA 04-040) and Ordinance 33-05 approving the Stage 2 Planned Development Plan and
zoning for the 488-acre Braddock & Logan properties (PA 05-038) now known as Positano; and
WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05 regarding
PA 04-040 and PA 05-038 certifying a Supplemental Environmental Impact Report (SEIR) (SCH
#2005062010) to the Eastern Dublin EIR, a program EIR, initially certified by the City of Dublin in 1993
(SCH#91103064) and the Supplemental EIR for the Eastern Dublin Property Owners (EDPO) (SCH #
2001052114) certified in 2002 by Resolution 40-02; and
ATTACHMENT 1
WHEREAS, no further environmental review is required. There are no new impacts identified
with this proposed project that are beyond those impacts studied in the Supplemental Environmental
Impact Report, and
WHEREAS, the 43 lots that comprise Fiorano at Positano are identified as Lots 1 through 43 of
Tract 7951; and
WHEREAS, a complete application was submitted and is available and on file in the Community
Development Department; and
WHEREAS, the Applicant has submitted project plans, including floor plans and elevations,
dated received November 24, 2009, for a Site Development Review amendment relating to Fiorano at
Positano; and
WHEREAS, the Planning Commission did hold a public hearing on said application on December
8, 2009, for this project; 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 Site Development Review amendment; and
WHEREAS, the Planning Commission did hear and use independent judgment and considered all
said reports, recommendations, and testimony hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin
does hereby make the following findings and determinations regarding said proposed Site Development
Review amendment for 43 lots of Tract 7951 known as Fiorano at Positano:
Site Development Review:
A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, with
the General Plan and any applicable Specific Plans and design guidelines because: 1.) The
project will not undermine the architectural character and scale of development in which the
proposed project is to be located; 2.) the project will provide a unique, varied and distinct
housing opportunity; 3.) the project is consistent with the General Plan and Eastern Dublin
Specific Plan Land Use designation of Low Density Residential; and the project complies with
the development standards established in the Stage 2 Development Plan.
B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1.) the
project contributes to orderly, attractive and harmonious site and structural development
compatible with the existing site lay out and subdivision mapping and blends well with the
surrounding properties; and 2.) complies with the development regulations set forth in the
Zoning Ordinance where applicable.
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C. The design of the project is appropriate to the City, the vicinity, surrounding properties and
the lot in which the project is proposed; l.) The proposed project augments the architectural
style offerings in the vicinity; 2.) The size and mass of the proposed houses are consistent with
the lot sizes and other residential developments in the surrounding area; 3.) the proposed
project will supply a unique and varied floor plan options allowing for two granny flats and
enhanced elevations on the corner lots; and 4.) The proposed project will provide more design
offerings contributing to a more "custom" look of the Positano development.
D. The subject site is suitable for the type and intensity of the approved development because: 1.)
The lots have already been subdivided to conform with the General Plan, Eastern Dublin
Specific Plan and the Stage 1 and 2 Development Plans for this area; and 2.) the proposed
homes to be developed on the property meet all of the development standards established to
regulate development in Fallon Village.
E. Impacts to existing slopes and topographic features are addressed because: l.) the proposed
project site is already subdivided, 2.) the infrastructure is constructed including streets and
utilities, 3.) all grading has been completed, and 4.) retaining walls constructed to establish the
required lot size and building envelope.
F. Architectural considerations including the character, scale and quality of the design, site lay
out, the architectural relationship with the site and other buildings, screening of unsightly
uses, lighting, building materials and colors and similar elements result in a project that is
harmonious with its surroundings and compatible with other developments in the vicinity
because: 1.) the proposed houses will utilize 4 of the approved architectural style standards
establish in the Fallon Village Development Plan, 2.) the materials referenced in the style
guidelines will be utilized, 3.) the homes when constructed will blend with and be similar to
homes already being constructed in the general vicinity; and 4.) the color and materials
proposed are similar and complementary to colors and material being utilized on homes
currently being constructed in the vicinity.
G. Landscape considerations, including the location, type, size, color, texture and coverage of
plant materials, and similar elements have been incorporated into the project to ensure visual
relief, adequate screening and an attractive environment for the public because: 1.) all
perimeter landscaping, walls, fences and hardscape have already been installed and no
augments are proposed; and 2.) the project front yard landscaping and sideyard fencing is
consistent with other developments currently under construction in the vicinity and conforms
with the requirements of the Stage 2 Development Plan.
H. The site has been adequately designed to ensure the proper circulation for bicyclist,
pedestrians and automobiles because: 1.) all infrastructure including streets, parkways,
pathways, sidewalks, streetlighting has already been constructed; and 2.) development of this
project will conform to the major improvements already installed allowing residents the safe
and efficient use of these facilities.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the
City of Dublin does hereby approve the amended Site Development Review amendment for the proposed
project known as Fiorano at Positano (43 units), as shown on plans prepared by KTGY Architects, Gates
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and Associates, and Mackay & Somps dated received November 24, 2009 subject to the conditions
included below.
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 Planning Department review and
approval. The following codes represent those departments/agencies responsible for monitoring
compliance of the conditions of approval. [PL.] Planning, [B] Building, (POI Police, [PWI Public
Works [ADM] Administration/City Attorney, [FIN] Finance, [F] Alameda County Fire Department,
JDSRI Dublin San Ramon Services District, [C01 Alameda County Department of Environmental
Health, IZ71 Zone 7.
NO. CONDITION TEXT RESPON. WHEN
AGENCY/ REQUIRED
DEPART.
PLANNING DEPARTMENT
1. Compliance with previous approvals: The Applicant shall
comply with all Conditions of Approval for Vesting Tentative
Tract 7586 as approved by the Planning Commission, Resolution
No. 05-61 on November 8, 2005.
2. Satellite Dishes: Prior to the issuance of Building Permits, the PL Prior to
Developer's Architect shall prepare a plan for review and issuance of
approval by the Director of Community Development and the building permit
Chief Building Official that provides a consistent and
unobtrusive location for the placement of individual satellite
dishes. Individual conduit will be run on the interior of the unit
to the satellite location on the exterior of the home to limit the
amount of exposed cable required to activate any satellite dish.
It is preferred that where chimneys exist, that the mounting of
the dish be incorporated into the chimney. In instances where
chimneys do not exist, then the plan shall show a common and
consistent location for satellite dish placement to eliminate the
over proliferation, haphazard and irregular placement.
3. Retaining Walls: Prior to the issuance of building permits, the PL Prior to
developer shall indicate on the plot plans, with dimensions, the issuance of
precise location of the point on the side yard retaining walls building permit
where the wall material will change from precision block (able to
be stuccoed) to split face block. The intent of this condition is to
assure that the entire portion of the wall visible to the street (from
the perpendicular side-yard fence to the end of the wall closest to
the street) is able to be enhanced with stucco material as required
in the Planned Development Plan. Also, it is intended that the
perpendicular side yard fence should be located at the transition
point of the two block materials. No stucco wall face should
occur behind the perpendicular side yard fence. Potential issues
may arise in the field conditions which will be addressed on a
case-by-case basis as directed by the Stage 1 and Stage 2 Planned
Development Plan.
NO. CONDITION TEXT RESPON.
AGENCY/
DEPART. WHEN
REQUIRED
4. Final building and site development plans shall be reviewed PL Prior to
and approved by the Community Development Department staff issuance of
prior to the issuance of a building permit. All such plans shall building permit
insure:
a. That standard residential security requirements as
established by the Dublin Police Department are provided.
b. That ramps, special parking spaces, signing, and other
appropriate physical features for the handicapped, are
provided throughout the site for all publicly used facilities.
C. That continuous concrete curbing is provided for all
parking stalls, if necessary.
d. That exterior lighting of the building and site is not
directed onto adjacent properties and the light source is
shielded from direct offsite viewing.
e. That all mechanical equipment, including air conditioning
condensers, electrical and gas meters, is architecturally
screened from view, and that electrical transformers are
either underground or architecturally screened.
f. That all vents, gutters, downspouts, flashings, etc., are
painted to match the color of adjacent surface.
g. That all materials and colors are to be as approved by the
Dublin Community Development Department. Once
constructed or installed, all improvements are to be
maintained in accordance with the approved plans. Any
changes, which affect the exterior character, shall be
resubmitted to the Dublin Community Development
Department for approval.
h. That all exterior architectural elements visible from view
and not detailed on the plans be finished in a style and in
materials in harmony with the exterior of the building. All
materials shall wrap to the inside corners and terminate at a
perpendicular wall plane.
i. That all other public agencies that require review of the
project are supplied with copies of the final building and
site plans and that compliance is obtained with at least
their minimum Code requirements.
NO. CONDITION TEXT RESPON.
AGENCY/
DEPART. WHEN
REQUIRED
5. Final landscape plans, irrigation system plans, tree PL Prior to
preservation techniques, and guarantees, shall be reviewed and issuance of
approved by the Dublin Planning Department prior to the building permit
issuance of the building permit. All such submittals shall insure:
a. That plant material is utilized which will be capable of
healthy growth within the given range of soil and climate.
b. That proposed landscape screening is of a height and
density so that it provides a positive visual impact within
three years from the time of planting.
C. That unless unusual circumstances prevail, at least 75% of
the proposed trees on the site are a minimum of 15 gallons
in size, and at least 50% of the proposed shrubs on the site
are minimum of 5 gallons in size.
d. That a plan for an automatic irrigation system be provided
which assures that all plants get adequate water. In
unusual circumstances, and if approved by Staff, a manual
or quick coupler system may be used.
e. That concrete curbing is to be used at the edges of all
planters and paving surfaces where applicable.
f. That all cut and fill slopes conform to the master vesting
tentative map and conditions detailed in the Site
Development Review packet.
g. That all cut and fill slopes graded and not constructed by
September 1, of any given year, are hydroseeded with
perennial or native grasses and flowers, and that stock piles
of loose soil existing on that date are hydroseeded in a
similar manner.
h. That the area under the drip line of all existing oaks,
walnuts, etc., which are to be saved are fenced during
construction and grading operations and no activity is
permitted under them that will cause soil compaction or
damage to the tree, if applicable.
i. That a guarantee from the owners or contractors shall be
required guaranteeing all shrubs and ground cover, all
trees, and the irrigation system for one year.
That a permanent maintenance agreement on all
NO. CONDITION TEXT RESPON. WHEN
AGENCY/ REQUIRED
DEPART.
landscaping will be required from the owner insuring
regular irrigation, fertilization and weed abatement,
applicable.
6. Plotting: The approved Site Development Review would allow
any of the three approved floor plans to be constructed on any of
the lots within Fiorano, subject to limitations as follows:
¦ Any single floor plan may not exceed 40% of the
subdivision.
¦ Individual floor plans may be placed next to each other.
However, only two of the same individual floor plans may
be plotted next to each other without being interrupted by
a different floor plan.
¦ If two of the same individual floor plans are plotted next
to each other, the same individual floor plan may not be
plotted across the street from the two.
¦ In no case will the same architectural elevation or color
scheme be allowed next to or across the street from each
other, unless they are a different individual floor plan.
PUBLIC WORKS
7. Developer shall obtain an Encroachment Permit from the PW Prior to
Public Works Department for all construction activity within the Construction
public right-of-way of any street where the City has accepted the
improvements. At the discretion of the City Engineer an
encroachment for work specifically included in an Improvement
Agreement may not be required.
8. Developer shall obtain a Grading / Sitework Permit from the PW Prior to
Public Works Department for all private grading and site Construction
improvements. This will include any community or soundwalls
installed as part of the project. Wall construction will be subject
to plan review by the Public Works Department and the Building
Division, and will be subject to special inspection during
construction.
9. Plot plans shall be submitted for review and approval by the PW Building
Public Works Department and the Community Development Permits
Department prior to approval of building permits.
10. Roof drainage shall be connected to a closed conduit, PW Tract
discharging to a curb drain or connected to the storm drain improvement
system. Concentrated flows will not be allowed to drain across Agreement
public sidewalks
11. The Developer is responsible for ensuring that all contractors PW During
implement all storm water pollution prevention measures in the construction
S WPPP.
BUI LDING DEPARTMENT
12. Retaining Walls: All retaining walls over 30 inches in height 11 BLDG Through
and in a walkway area shall be provided with guardrails. All completion
NO. CONDITION TEXT RESPON. WHEN
AGENCY/ REQUIRED
DEPART.
retaining walls located on private property, over 24 inches, with a
surcharge, or 36 inches without a surcharge, shall obtain permits
and inspections from the Building Division.
13. Phased Occupancy Plan: If occupancy is requested to occur in BLDG Prior to
phases, then all physical improvements within each phase shall occupancy of
be required to be completed prior to occupancy of any buildings any affected
within that phase except for items specifically excluded in an building
approved Phased Occupancy Plan, or minor handwork items,
approved by the Department of Community Development. The
Phased Occupancy Plan shall be submitted to the Directors of
Community Development and Public Works for review and
approval a minimum of 45 days prior to the request for
occupancy of any building covered by said Phased Occupancy
Plan. Any phasing shall provide for adequate vehicular access to
all parcels in each phase, and shall substantially conform to the
intent and purpose of the subdivision approval. No individual
building shall be occupied until the adjoining area is finished,
safe, accessible, and provided with all reasonable 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.
14. Building Permits: To apply for building permits, BLDG Prior to
Applicant/Developer shall submit eight (8) sets of construction issuance of
plans to the Building Division for plan check. Each set of plans building permit
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. Applicant/Developer will be responsible for
obtaining the approvals of all participation non-City agencies
prior to the issuance of building permits.
15. Construction Drawings: Construction plans shall be fully BLDG Prior to
dimensioned (including building elevations) accurately drawn issuance of
(depicting all existing and proposed conditions on site), and building permit
prepared and signed by a California licensed Architect or
Engineer. All structural calculations shall be prepared and signed
by a California licensed Architect or Engineer. The site plan,
landscape plan and details shall be consistent with each other.
16. Air Conditioning Units: Air conditioning units and ventilation BLDG Prior to
ducts shall be screened from public view with materials occupancy of
compatible to the main building and shall not be roof mounted. unit
Units shall be permanently installed on concrete ads or other
NO. CONDITION TEXT RESPON. WHEN
AGENCY/ REQUIRED
DEPART.
non-movable materials approved by the Building Official and
Director of Community Development. Air conditioning units
shall be located such that each dwelling unit has one side yard
with an unobstructed width of not less then 36 inches. Air
conditioning units shall be located in accordance with the PD
text. (Occupancy of Unit).
17. Temporary Fencing: Temporary Construction fencing shall be BLDG Through
installed along perimeter of all work under construction. completion
18. Addressing: BLDG Pri or to
a) Provide a site plan with the City of Dublin's address grid issuance of
overlaid on the plans (1 to 30 scale). Highlight all permit and
exterior door openings on plans (front, rear, garage, etc.). through
(Prior to release of addresses) completion
b) Provide plan for display of addresses. The Building
Official and Director of Community Development shall
approve plan prior to issuance of the first building permit.
(Prior to permitting)
c) Addresses will be required on the front of the dwellings.
Addresses are also required near the garage door opening
if the opening is not on the same side of the dwelling as
the front door. (Prior to permitting)
d) Address signage shall be provided as per the Dublin
Residential Security Code. (Occupancy of any Unit).
e) Provide a site plan with the approved addresses in 1 to
400 scale prior to approval or release of the project
addresses. (Prior to permitting)
f) Exterior address numbers shall be backlight and be posted
in such a way that the can be seen from the street.
19. Engineer Observation: The Engineer of record shall be retained BLDG Prior to
to provide observation services for all components of the lateral scheduling the
and vertical design of the building, including nailing, hold downs, final frame
straps, shear, roof diaphragm and structural frame of building. A inspection
written report shall be submitted to the City Inspector prior to
scheduling the final frame inspection.
20. Foundation: Geotechnical Engineer for the soils report shall BLDG Through
review and approve the foundation design. A letter shall be completion
submitted to the Building Division on the approval.
21. Electronic File: The applicant/developer shall submit all BLDG Prior to
building drawings and specifications for this project in an issuance of
electronic format to the satisfaction of the Building Official prior building permit
to the issuance of building permits. Additionally, all revisions
made to the building plans during the project shall be
incorporated into an "As Built" electronic file and submitted prior
to the issuance of the final occupancy.
NO. CONDITION TEXT RESPON. WHEN
AGENCY/ REQUIRED
DEPART.
22. Permit Expiration. Construction or use shall commence within PL Ongoing
two (2) years of Permit approval, or the Permit shall lapse and
become null and void. Commencement of construction or use
means the actual construction or use pursuant to the permit
approval, or, demonstrating substantial progress toward
commencing such construction or use. If there is a dispute as to
whether the Permit has expired, the City may hold a noticed
public hearing to determine the matter. Such a determination may
be processed concurrently with revocation proceedings in
appropriate circumstances. If a Permit expires, a new application
must be made and processed according to the requirements of this
Ordinance.
23. Time Extension. The original approving decision-maker may, PL Ongoing
upon the Applicant's written request for an extension of approval
prior to expiration, and upon the determination that any
Conditions of Approval remain adequate to assure that applicable
findings of approval will continue to be met, grant a time
extension of approval for a period not to exceed 6 months. All
time extension requests shall be noticed and a public hearing or
public meeting shall be held as required by the articular Permit.
24. Revocation of permit. The permit shall be revocable for cause PL Ongoing
in accordance with Chapter 8.96 of the Dublin Zoning Ordinance.
Any violation of the terms or conditions of this permit shall be
subject to citation.
25. Clean up. The Applicant/Developer shall be responsible for PL Ongoing
clean up and disposal of project related trash and for maintaining
a clean, litter-free site.
26. Controlling Activities. The Applicant /Developer shall control PO, PL Ongoing
all activities on the project site so as not to create a nuisance to
the surrounding residences.
27. Noise/Nuisances. No loudspeakers or amplified music shall be PO, PL Ongoing
permitted to project or be placed outside of the residential
buildings during construction.
28. Accessory Structures. The use of any accessory structures, such PL, B, F Ongoing
as storage sheds or trailer/container units used for storage or for
any other purpose during construction, shall not be allowed on
the site at any time unless a Temporary Use Permit is applied for
and approved.
29. Removal of Obstructions. Applicant/Developer shall remove PW Prior to
all trees including major root systems and other obstructions Issuance of
from building sites that are necessary for public improvements or Occupancy
for public safety as directed by the soils engineer and Director of Permits
Public Works.
30. Utility Siting Plan. The Applicant/Developer shall provide a PW, PL Prior to
final Utility Siting Plan showing that transformers and service issuance of
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NO. CONDITION TEXT RESPON. WHEN
AGENCY/ REQUIRED
DEPART.
boxes are placed outside of public view where possible and/or Grading
screened to the satisfaction of the Community Development Permits
Director and Public Works Director. Applicant/Developer shall
place all utility infrastructures underground including electric,
telecommunications, cable TV, and gas in accordance with
standards enforced by the appropriate utility agency. Utility plans
showing the location of all proposed utilities shall be reviewed
and approved by the City Engineer/Public Works Director prior to
installation.
SECURITY AND POLICE
31. Security During Construction. PO, B, PW During
a. Fencing - The perimeter of the construction site shall be construction
fenced and locked at all times when workers are not present.
All construction activities shall be confined to within the
fenced area. Construction materials and/or equipment shall
not be operated or stored outside of the fenced area or within
the public right-of-way unless approved in advance by the
Public Works Director.
b. Address Sign - A temporary address sign of sufficient size
and color contrast to be seen during night time hours with
existing street lighting is to be posted on the Dublin
Boulevard perimeter.
c. Emergency Contact - Prior to any phase of construction,
Applicant/Developer will file with the Dublin Police
Department an Emergency Contact Business Card that will
provide 24-hour phone contact numbers of persons
responsible for the construction site.
d. Materials & Tools - Good security practices shall be followed
with respect to storage of building materials and tools at the
construction site.
e. Security lighting and patrols shall be employed as necessary.
32. Graffiti. The Applicant/Developer shall keep the site clear of PO, PL Ongoing
graffiti on a regular and continuous basis and at all times. Graffiti
resistant materials should be used.
FEES
33. Fees. The Developer shall pay all applicable fees in effect at the PW Zone 7 and
time of building permit issuance including, but not limited to, Parkland In-
Planning fees, Building fees, Dublin San Ramon Services District Lieu Fees Due
fees, Public Facilities fees, Dublin Unified School District School Prior to Filing
Impact fees, Public Works Traffic Impact fees, City of Dublin Each Final Map;
Fire Services fees; Noise Mitigation fees, Inclusionary Housing Other Fees
In-Lieu fees; Alameda County Flood and Water Conservation Required with
District (Zone 7) Drainage and Water Connection fees; and any Issuance of
other fees either in effect at the time and/or as noted in the Building
Development Agreement. Permits
PASSED, APPROVED AND ADOPTED this 8th day of December, 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commissioner Chair
ATTEST:
Acting Planning Manager
G: IPA#120091PA 09-034 Fiorano DR Horton 1Dub-drqftPCReso.doc
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