HomeMy WebLinkAboutPC Reso 10-38 TTM 7667-Dublin Transit
RESOLUTION NO. 10 - 38
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING VESTING TENTATIVE TRACT MAP 7667
FOR DUBLIN TRANSIT CENTER SITE E-1 (ESPRIT AT DUBLIN STATION) LOCATED AT
THE SOUTHEAST CORNER OF DUBLIN BOULEVARD AND IRON HORSE PARKWAY
(APN 986-0034-011-00)
PA 09-002
WHEREAS, the Applicant, D.R. Horton, Inc., has requested approval of Site
Development Review for PA 09-002, Dublin Transit Center Site E-1, for the construction of a
105-unit townhouse community on approximately ±4.13 acres of land, located on a portion of
Site E of the Dublin Transit Center, within the Eastern Dublin Specific Plan, at the southeast
corner of Dublin Boulevard and Iron Horse Parkway; and
WHEREAS, the project includes applications for a Planned Development Rezone with a
related Stage 1 Development Plan Amendment and Stage 2 Development Plan, Site
Development Review, and a Vesting Tentative Tract Map. The applications are collectively
known as the "ProjecY"; and
WHEREAS, the tentative map proposes to subdivide the property into two parcels which
will be further divided for condominium purposes; and
WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin
Subdivision Regulations require that no real property may be divided into five or more parcels
for purpose of sale, lease or financing, unless a Tentative Subdivision Map is acted upon, and a
Final Map is approved consistent with the Subdivision Map Act and City of Dublin Subdivision
Regulations; and
WHEREAS, the Applicant/Developer has submitted a complete application for a Vesting
Tentative Tract Map dated received March 5, 2010, on file in the Community Development
Department, Planning Division; and
WHEREAS, the California Environmental Quality Act (CEQA), together with the State
guidelines and City environmental regulations require that certain projects be reviewed for
environmental impacts and that environmental documents be prepared; and
WHEREAS, pursuant to the California Environmental Quality Act, Staff has
recommended that the project be found exempt from CEQA pursuant to Government Code
section 65457 for residential projects that are consistent with a specific plan. The Project is
within the scope of the Final Environmental Impact Report (EIR) for the Dublin Transit Center
General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned
Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395)
which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This
recommendation is based on a determination that there are no supplemental impacts that
would require preparation of a Supplemental EIR; and
WHEREAS, a Staff Report, dated August 24, 2010 and incorporated herein by reference,
described and analyzed the Project, including the Vesting Tentative Tract Map for the Planning
Commission; and
WHEREAS, the Planning Commission held a properly noticed public hearing on the
Project, including the proposed Vesting Tentative Tract Map, on August 24, 2010 at which time
all interested parties had the opportunity to be heard; and
WHEREAS, proper notice of said public hearing was given in all respects as required by
law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending
approval of Vesting Tentative Tract Map 7667 subject to the conditions prepared by Staff; and
WHEREAS, the Planning Commission considered the CEQA exemption and prior related
environmental documents, and all above-referenced reports, recommendations, and testimony
to evaluate the Project.
NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct
and made a part of this resolution, and that the Planning Commission does hereby find:
1. Vesting Tentative Tract Map 7667 is consistent with the intent of applicable
subdivision regulations and related ordinances.
2. The design or improvements of Vesting Tentative Tract Map 7667 is consistent with
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
community in an area designated for high-density, transit-oriented, residential
development.
3. Vesting Tentative Tract Map 7667 is consistent with the Planned Development Zoning
District Stage 1 Development Plan (as amended) approved as PA 00-013 for this
project and is therefore consistent with the City of Dublin Zoning Ordinance.
4. The site is located adjacent to major roads on +4.1 gross acres of relatively flat
topography and is, therefore, physically suitable for the type and density of
development.
5. With the incorporation of mitigation measures from the Final Program EIR and
subsequent addenda, 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. Pursuant to the California Environmental Quality Act, the Planning Commission finds
that the Project is exempt from CEQA pursuant to Government Code section 65457
because it is a residential project that is consistent with a specific plan for which an
2
EIR has been certified. The Project is within the scope of the Final Environmental
Impact Report (EIR) for the Dublin Transit Center General Plan Amendment, Eastern
Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative
Parcel Map, and Development Agreement (SCH 2001120395) which was certified by
City Council Resolution No. 215-02 dated November 19, 2002. The Planning
Commission finds that no further environmental review under CEQA is required for
the proposed Project because there is no substantial evidence in the record as a
whole that any of the standards under CEQA section 21166 or CEQA Guidelines
sections 15162 and 15163 for the preparation of a subsequent or supplemental EIR
are met.
NOW, THEREFORE BE IT FURTHER RESOLVED that the Planning Commission
hereby conditionally approves PA 09-002, Vesting Tentative Tract Map 7667, to subdivide +
4.13 acres into finro lots to be further subdivided for condominium purposes. This approval shall
conform generally to: the Vesting Tentative Tract Map 7667 prepared by BKF Engineers, dated
received March 5, 2010 by the Planning Department, and consisting of seven (7) sheets,
attached as Exhibit A to this Resolution, except as specifically modified by the Conditions of
Approval contained below.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the approval
of the Final Parcel Map, and shall be subject to City Engineer and the Director of Community
Development review and approval. The following codes represent those departments/agencies
responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building,
[PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [PCS] Parks and
Community Services, [F] City of Dublin Fire, and [DSR] Dublin San Ramon Services District.
NO. [ddiN-DITION TEXT RESP. SOURCE
AGENCY
GENERAL CONDITIONS - Vestin Tentative Tract Ma
1. Compliance. The Developer shall comply with the PW Public Works
Subdivision Map Act, the City of Dublin Subdivision, Zoning,
and Grading Ordinances, the City of Dublin Public Works
Standards and Policies, and all building and fire codes and
ordinances. All public improvements constructed by
Developer and to be dedicated to the City are hereby
identified as "public works" under Labor Code section 1771.
Accordingly, Developer, in constructing such improvements,
shall comply with the Prevailing Wage Law (Labor Code.
Sects. 1720 and followin
2. Effective Date/Validity. Vesting Tentative Tract Map 7667 PL Ongoing
approval shall not be effective until the related PD-Planned
Development rezoning including Stage 2 Development Plan,
Site Development Review, and amended Development
Agreement are approved by the City Council.. If the above
approvals are not granted, this Vesting Tentative Tract Map
a roval shall become null and void.
3. Fees. The Develo er shall a all a licable fees in effect at PW Zone 7 and
3
NO. CONDITION TEXT RESP. SOURCE
AGENCY
the time of building permit issuance including, but not limited Public
to, Planning fees, Building fees, Dublin San Ramon Services Facilities In-
District fees, Public Facilities fees, Dublin Unified School Lieu Fees
District School Impact fees, Public Works Traffic Impact fees, Due Prior to
Alameda County Fire Services fees; Noise Mitigation fees, Filing a Final
Inclusionary Housing In-Lieu fees; Alameda County Flood Map; Other
and Water Conservation District (Zone 7) Drainage and Fees
Water Connection fees; and any other fees unless otherwise Required with
directed in the Development Agreement. Issuance of
Building
Permits
4. Indemnification. The Developer shall defend, indemnify, PW Public Works
and hold harmless the City of Dublin and its agents, officers,
and employees from any claim, action, or proceeding against
the City of Dublin or its agents, officers, or employees to
attack, set aside, void, or annul an approval of the City of
Dublin or its advisory agency, appeal board, Planning
Commission, City Council, Community Development Director,
Zoning Administrator, or any other department, committee, or
agency of the City related to this project to the extent such
actions are brought within the time period required by
Government Code Section 66499.37 or other applicable law;
provided, however, that The Developer's duty to so defend,
indemnify, and hold harmless shall be subject to the City's
promptly notifying The Developer of any said claim, action, or
proceeding and the City's full cooperation in the defense of
such actions or roceedin s.
5. Clarifications and Changes to the Conditions. In the event PW Public Works
that there needs to be clarification to these Conditions of
Approval, the City Engineer has the authority to clarify the
intent of these Conditions of Approval to the Developer
without going to a public hearing. The City Engineer also has
the authority to make minor modifications to these conditions
without going to a public hearing in order for the Developer to
fulfill needed improvements or mitigations resulting from
im acts of this ro'ect.
6. Tract Improvement Agreement. The Developer shall enter PW Public Works
into a Tract Improvement Agreement with the City for all
ublic im rovements re uired for the Tract.
7. Security. The Developer shall provide performance (100%), PW Public Works
and labor & material (100%) securities to guarantee the tract
improvements, approved by the City Engineer, prior to
execution of the Tract Improvement Agreement and approval
of the Final Map. (Note: Upon acceptance of the
improvements, the performance security may be replaced
with a one-year warranty bond that is 25% of the value of the
erformance securit .
4
NO. CONDITION TEXT RESP. SOURCE
AGENCY
8. Encroachment Permit. Developer shall obtain an PW Public Works
Encroachment Permit from the Public Works Department for
all construction activity within the public right-of-way of any
street where the City has accepted the improvements. The
encroachment permit may require surety for slurry seal and
restriping. At the discretion of the City Engineer an
encroachment for work specifically included in an
Im rovement A reement ma not be re uired.
9. Permits. Developer shall obtain all permits required by other PW Public Works
agencies including, but not limited to Alameda County Flood
Control and Water Conservation District Zone 7, California
Department of Fish and Game, Army Corps of Engineers,
Regional Water Quality Control Board, Caltrans and provide
co ies of the ermits to the Public Works De artment.
10. Submittals. The Developer will be responsible for submittals PW Public Works
and reviews to obtain the approvals of all participating non-
City agencies. The Alameda County Fire Department and the
Dublin San Ramon Services District shall approve and sign
the Im rovement Plans.
11. Electronic Copy. Developer shall provide the Public Works PW Public Works
Department a digital vectorized file of the "master" files for
the project when the Final Map has been approved. Digital
raster copies are not acceptable. The digital vectorized files
shall be in AutoCAD 14 or higher drawing format. Drawing
units shall be decimal with the precision of the Final Map. All
objects and entities in layers shall be colored by layer and
named in English. All submitted drawings shall use the
Global Coordinate System of USA, California, NAD 83
California State Plane, Zone III, and U.S. foot.
12. Final Map. The Final Map shall be substantially in PW Public Works
accordance with the Tentative Map approved with this
a lication, unless otherwise modified b these conditions.
13. Dedications. All rights-of-way and easement dedications PW Public Works
required by the Tentative Map shall be shown on the Final
Ma .
14. Abandonment. The Developer shall obtain abandonment PW Public Works
from all applicable public agencies of existing easements and
ri ht of wa s that will no lon er be used.
15. Grading Plan. The Grading Plan shall be in conformance PW Public Works
with the recommendations of the Geotechnical Report, the
approved Tentative Map and Site Development Review, and
the Cit desi n standards & ordinances.
16. Erosion Control Plan. A detailed Erosion Control Plan shall PW Public Works
be included with the Grading Plan approval. The plan shall
include detailed design, location, and maintenance criteria of
all erosion and sedimentation control measures.
17. Tiebacks. Tiebacks or structural fabric for retainin walls PW Public Works
5
NO. CONDITION TEXT RESP. SOURCE
AGENCY
shall not cross property lines unless specifically approved by
the Cit En ineer.
18. Notice of Intent. Prior to any clearing or grading, the PW Public Works
Developer shall provide the City evidence that a Notice of
Intent (NOI) has been sent to the California State Water
Resources Control Board per the requirements of the
NPDES. A copy of the Storm Water Pollution Prevention
Plan (SWPPP) shall be provided to the Public Works
De artment and be ke t at the construction site.
19. SWPPP. The Storm Water Pollution Prevention Plan PW Public Works
(SWPPP) shall identify the Best Management Practices
(BMPs) appropriate to the project construction activities. The
SWPPP shall include the erosion control measures in
accordance with the regulations outlined in the most current
version of the ABAG Erosion and Sediment Control
Handbook or State Construction Best Management Practices
Handbook. The Developer is responsible for ensuring that all
contractors implement all storm water pollution prevention
measures in the SWPPP.
20. Maintenance Agreement. The Homeowners' Association PW Public Works
shall enter into an agreement with the City of Dublin that
guarantees the perpetual maintenance obligation for all
private storm water treatment measures installed as part of
the project. Said agreement is required pursuant to Provision
C.3.e.ii of RWQCB Order R2-2003-0021 for the issuance of
the Alameda Countywide NPDES municipal storm water
permit. Said permit requires the City to provide verification
and assurance that all treatment devices will be properly
o erated and maintained.
CQNSTRUCTION ,
21. Erosion Control Plan. The Erosion Control Plan shall be PW Public Works
implemented between October 15th and April 15th unless
otherwise allowed in writing by the City Engineer. The
Developer will be responsible for maintaining erosion and
sediment control measures for one year following the City's
acce tance of the subdivision im rovements.
22. Archeological Materials. If archaeological materials are PW Public Works
encountered during construction, construction within 100 feet
of these materials shall be halted until a professional
Archaeologist who is certified by the Society of California
Archaeology (SCA) or the Society of Professional
Archaeology (SOPA) has had an opportunity to evaluate the
significance of the find and suggest appropriate mitigation
measures.
23. Construction Hours. Construction activities, including the PW Public Works
maintenance and warming of equipment, shall be limited to
Monda throu h Frida , and non-Cit holida s, between the
6
NO. CONDITION TEXT RESP. SOURCE
AGENCY
hours of 7:30 a.m. and 5:30 p.m. except as otherwise
a roved b the Cit En ineer.
24. Construction Noise Management Plan. Developer shall PW Public Works
prepare a construction noise management plan that identifies
measures to be taken to minimize construction noise on
surrounding developed properties. Specific noise
management measures shall be included in the project plans
and s ecifications.
25. Construction Traffic. Developer shall prepare a plan for PW Public Works
construction traffic interface with public traffic on any existing
public street. Construction traffic and parking may be subject
to s ecific re uirements b the Cit En ineer.
26. Rodents. The Developer shall be responsible for controlling PW Public Works
any rodent, mosquito, or other pest problem due to
construction activities.
27. Dust Control. The Developer shall be responsible for PW Public Works
measures to control dust as conditions warrant or as directed
b the Cit En ineer.
PROJECT SPECIFIC
28. Public Facilities Fee. The developer shall pay a Public PW DA
Facilities Fee in accordance with the terms of the project
Development Agreement. The in-lieu land dedication portion
of the fee will be due prior to the recording of the Final Map
for Tract 7667.
29. Streetscape Design Standards. The streetscape design for PW Public Works
Martinelli Drive, Iron Horse Parkway, Dublin Boulevard and
Campus Drive shall be in accordance with the Streetscape
Master Plan adopted as Ordinance No. 21-02 for the Dublin
Transit Center Project, PA 00-013. In keeping with the
streetscape design used for residential frontage throughout
the Dublin Transit Center, the Campus Drive frontage shall
contain landsca e islands in the arkin area.
30. Sidewalks: All public sidewalks shall have a 2% cross slope. PW Public Works
The 2% cross slope shall be maintained for a minimum
distance of one foot behind the sidewalks where there is
landscaping, stairs, or pathway along the back of the
sidewalk. Sidewalks shall be designed to maintain a 2%
cross slope across all driveway entrances. The SE small
plaza at the corner of Iron Horse Parkway and Dublin Blvd.
may be graded to be less than 2% cross slope for an
accessible plaza condition, however, all other sidewalk will
meet 2% cross slo e re uirements.
31. Parking Restrictions. Developer shall designate no parking PW Public Works
areas along Dublin Boulevard and Martinelli Drive and
designate parking on Iron Horse Parkway and Campus Drive
for 2-hour limit, 7 AM to 6 PM, Monda - Frida .
32. Loadin Areas. The Develo er shall make rovision for PW Public Works
7
NO. CONDITION TEXT RESP. SOURCE
AGENCY
loadin areas to the satisfaction of the Cit En ineer.
33. Dublin Boulevard Frontage: The Developer shall install a PW Public Works
landscape six-foot wide planter and a six-foot wide walk the
full len th of the ro'ect fronta e alon Dublin Boulevard
34. Iron Horse Parkway: The Developer shall construct the PW Public Works
project frontage improvements along the east frontage of Iron
Horse Parkwa as enerall shown on the Tentative Ma .
35. Martinelli Way: The Developer shall construct the project PW Public Works
frontage improvements along the north frontage of Martinelli
Wa as enerall shown on the Tentative Ma .
36. Campus Drive: The Developer shall construct the PW Public Works
improvements for the full width of Campus Drive, as shown
on the Tentative Map, between Martinelli Way and Dublin
Boulevard. Improvements to include frontage landscaping
and sidewalk onl on the west side.
37. Dublin Boulevard Right Turn Lane: The Developer shall PW Public Works
widen Dublin Boulevard to provide a right turn lane at
Cam us Drive to the satisfaction of the Cit En ineer.
38. Traffic Signal: The Developer shall install the traffic signal PW Public Works
at the Martinelli Way / Campus Drive intersection. The traffic
signals shall be interconnected with other adjacent signals
within the existin Cit traffic si nal s stem b hard wire.
39. Traffic Signing and Striping: The Developer shall install all PW Public Works
traffic signs and pavement marking for the above roadway
improvements to the satisfaction of the City Engineer.
Campus Drive Parkway shall maintain one lane southbound
and one lane northbound with a turn lane in the middle.
40. Martinelli Way Walkway: The Developer shall construct a PW Public Works
temporary 5-foot wide, AC walkway along the south side of
Martinelli Wa between Cam us Drive and Arnold Drive.
41. Phasing: All public improvements required by the PW Public Works
Conditions of Approval for Tract 7667 must be constructed
with the recording of the final map except that the adjacent
public sidewalk and landscaping may be phased with the
onsite im rovements on Lot 1 and Lot 2.
42. Water Quality Treatment: The CDS unit shown on the PW Public Works
Tentative Map in Campus Drive north of Martinelli Way shall
be installed in Campus Drive south of Martinelli Way. With
the CDS unit south of Martinelli Way the bioretention filtration
units (Filterra Units) shown onsite on the Tentative Map are
not required to meet water quality treatment but may be
installed in addition to the CDS at the Developer's option.
The CDS unit in Campus Drive south of Martinelli Way will be
within City right-of-way and treat drainage from the public
streets and therefore will be owned and maintained by the
Cit .
43. Construction Traffic and Parkin : All construction related PW Public Works
8
NO. CONDITION TEXT RESP. SOURCE
AGENCY
parking shall be off street in an area provided by the
Developer. Construction traffic and parking shall be provided
in a manner approved by the City Engineer to minimize
im act on Bart atrons.
44. Street Names. Any street names assigned to private streets PW Public Works
shall be approved pursuant to Municipal Code Chapter 7.08.
The approved street names shall be indicated on the Final
Ma .
45. Public Art Easement. The Final Map shall show that a PL, PCS Chapter 8.58
Public Art Easement will be provided on the corner of Iron of the
Horse Parkway and Dublin Boulevard (as shown on the Municipal
ro'ect Site Plan . Code
46. Public Art. The Project shall comply with the Public Art PL, PCS Amended
requirement in the Amended Development Agreement Development
a roved b the Cit Council for the Pro'ect Agreement
47. Future Transit Center Development Disclosure. The PL Planning
Applicant/Developer shall create a stand-alone disclosure for
all buyers noting that future development immediately
adjacent to the Project Site is expected to be high-density
commercial development in accordance with the Dublin
Transit Center Sta e 1 Develo ment Plan.
48. Transit Center Map. Prior to opening a sales center and/or PL Planning
model home for the project, the ApplicanUDeveloper shall
post a map of the Transit Center in the sales center/model
home that shows the maximum possible height of
surroundin buildin s. The ma will be rovided b the Cit .
49. Garage Utilization. The Covenants, Codes, and PL PC
Restrictions (CC&Rs) developed for the project shall include
a requirement that the enclosed garage spaces are used for
resident arkin .
50. CC&R Enforcement. Within the limits of the law, the PL PC
CC&Rs developed for the project shall include a provision
that the CC&Rs can be enforced by any resident as well as
b the Homeowner's Association.
PASSED, APPROVED, AND ADOPTED this 24`h day of August, 2010 by the following
vote:
AYES: King, Brown, Schaub, Swalwell, Wehrenberg
NOES:
ABSENT:
ABSTAIN:
9
)h'D
Pla nin ommi sion Ch r
ATTEST:
Planning M4nag
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