HomeMy WebLinkAboutPC Reso 10-40 SDR Livorno@Positano-SingleHomesTr8036
RESOLUTION NO. 10- 40
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW
FOR LIVORNO AT POSITANO, FOR
69 SINGLE FAMILY DETACHED RESIDENTIAL UNITS ON
APPROXIMATELY 16.7 ACRES WITHIN TRACT 8036
PLPA-2010-00043
WHEREAS, the Applicant, K. Hovnanian Homes, has requested approval of a Site
Development Review, PLPA-2010-00043 for 69 single family detached residences within the
Positano planned development known as Livorno at Positano; and
WHEREAS, Livorno at Positano is approximately 16.7 acres within Tract 8036 located in
the northwesterly portion of the Positano project area generally along the frontages of Salerno
Drive and Amantea Way generaily between La Strada Drive on the east and Avellina Drive on the
west; and
WHEREAS, the proposed project is located within the Eastern Dublin Specific Plan and
the Planned Development Zoning District, PA 05-038; 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
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 69 lots that comprise Livorno at Positano are identified as Lots 1 through
69 of Tract 8036; 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 August 30, 2010, for a Site Development Review amendment
relating to Livorno at Positano; and
WHEREAS, the Planning Commission did hold a public hearing on said application on
September 14, 2010, 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; 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 for 69 lots of Tract 8036 known as Livorno at Positano:
Site Development Review:
A. The proposal is consistent with the purposes of Chapter 8.104 of fhe 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 4) 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.
C. The design of the project is appropriate to fhe Cify, fhe vicinity, surrounding properties
and the lot in which the project is proposed: 1) 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 three granny flat configurations 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 suita6le for the type and intensity of fhe approved developmenf
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;
2
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 fo existing slopes and topographic features are addressed because: 1) the
proposed project site is already subdivided, 2) the infrastructure is under construction
including streets and utilities, 3) all grading is near completion, and 4) retaining walls
will be constructed to establish the required lot size and building envelope.
F. Architectural considerations including the character, sca/e and quality of the design,
site lay out, fhe architectural relationship with the site and other buildings, screening
of unsightly uses, lighting, building materials and colors and similar elements resu/t in
a project that is harmonious with its surroundings and compatible with other
developments in the vicinity because: 1) the proposed houses will utilize 3 of the
approved architectural style standards established 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 are
proposed for construction in accordance with the master plan; 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,
pedesfrians and automobiles because: 1) all infrastructure including streets,
parkways, pathways, sidewalks, and streetlighting are proposed for construction in
accordance with the master plan; and 2) development of this project wiil 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 Livorno at Positano (69 units), as shown on plans prepared by
Edinger Architects, Gates and Associates, and Mackay & Somps dated received August 30,
2010 subject to the conditions included betow.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the
issuance of buildinq permits or establishment of use, and shall be subiect to Planninq
Department review and approval. The followinq codes represent those
departments/aqencies responsible for monitorinq compliance of the conditions of
approval. fPL.I Planninq, fBl Buildinq, fP01 Police, (PWl Public Works fP&CS1 Parks &
3
Communitv Services, fADMI Administration/City Attornev, fFINI Finance, fFl Alameda
County Fire Department, fDSRI Dublin San Ramon Services District, fC01 Alameda
County Department of Environmental Health, fZ71 Zone 7.
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
PLANNING DEPARTMENT
1. Compliance with previous approvals: The Applicant PL On-going Standard
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. Permit Expiration: Approved use shall commence PL In Standard
within two (2) years of Site Development Review (SDR) accordance
approval, or the SDR shall lapse and become null and w/DA
void. Commencement of use means the actual use
pursuant to the approval, or demonstrating substantial
progress toward commencing such use. If there is a
dispute as to whether the SDR 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 SDR expires, a new application must
be made and processed according to the requirements of
the Dublin Zonin Ordinance.
3. Required Permits. Applicant/Developer shall comply PL, PW Issuance of Standard
with the City of Dublin Zoning Ordinance and obtain all Building
necessary permits required by other agencies (Alameda Permits
County Flood Control District Zone 7, California
Department of Fish and Game, Army Corps of
Engineers, Regional Water Quality Control Board, State
Water Quality Control Board) and shall submit copies of
the ermits to the Public Works De artment.
4. Requirements and Standard Conditions. The Various Prior to Standard
Applicant/Developer shall comply with applicable Issuance of
Alameda County Fire, Dublin Public Works Department, Building
Dublin Building Department, Dublin Police Services, Permits
Alameda County Flood Control District Zone 7, Livermore
Amador Valley Transit Authority, Alameda County Public
and Environmental Health, Dublin San Ramon Services
District and the California Department of Health Services
requirements and standard conditions. Prior to issuance
of building permits or the installation of any improvements
related to this project, the Developer shall supply written
statements from each such agency or department to the
Planning Department, indicating that all applicable
conditions required have been or will be met.
4
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
5. Modifications: The Community Development Director PL On-going Standard
may consider modifications or changes to this Site
Development Review approval if the modifications or
changes proposed comply with Section 8.104.100 of the
Zonin Ordinance.
6. Time Extension. The original approving decision-maker PL Two years Standard
may, upon the ApplicanYs written request for an following
extension of approval prior to expiration, and upon the approvat
determination that any Conditions of Approval remain date
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 six (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.
7. Satellite Dishes: The Developer's Architect shall PL Issuance of Project
prepare a plan for review and approval by the Director of building Specific
Community Development and the Chief Building Official permit
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, 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 irre ular lacement.
8. Indemnification: The Developer shall defend, indemnify, PL, B In Standard
and hold harmless the City of Dublin and its agents, accordance Condition
officers, and employees from any claim, action, or w/govt code s(SC)
proceeding against the City of Dublin or its agents, Section
officers, or employees to attack, set aside, void, or annul 66499.37
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
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
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
9. Retaining Walls: The developer shall indicate on the PL Issuance of Project
plot plans, with dimensions, the precise location of the building Specific
point on the side yard retaining walls where the wall permit
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
Develo ment Plan.
10. Final building and site development plans shall be PL Issuance of Project
reviewed and approved by the Community Development building Specific
Department staff prior to the issuance of a building permit
permit. All such plans shall 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 im rovements are
6
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
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.
11. Final landscape plans, irrigation system plans, tree PL Issuance of Standard
preservation techniques, and guarantees, shall be building
reviewed and approved by the Dublin Planning permit
Department prior to the 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 erennial or native rasses and flowers, and that
7
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
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.
j. That a permanent maintenance agreement on all
landscaping will be required from the owner insuring
regular irrigation, fertilization and weed abatement, if
applicable.
12. Plotting: The approved Site Development Review would PL Issuance of Project
allow any of the three approved floor plans to be building Specific
constructed on any of the lots within Cortano, subject to permits
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.
13. Public Art Project: If the project is required to comply P&CS Issuance of Project
with Sections 8.58.05A and 8.58.05D of Chapter 8.58 building Specific
(Public Art Program) of the Dublin Municipal Code then permits Zoning
the ApplicanUDeveloper has elected to pay an in-lieu fee Ord Chp
in accordance with Chapter 8.58 of the Dublin Municipal 8.58
Code and shall comply with the Public Art Compliance
Report submitted by ApplicanUDeveloper, dated July 30,
2010, and on file with the Planning Department. The
value of the public art project is required to equal or
exceed 0.5% of the building valuation (exclusive of land)
for the ro'ect. The Buildin Official has determined that
8
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
the total building valuation of the project (exclusive of
land) is $30,279,408.00. Therefore, Applicant/Developer
will pay a public art fee valued at a minimum amount of
$151,397.04. Based on the current temporary
suspension of Sections 8.58.050.A and 8.58.050.D
established by Ordinance No. 06-09, if the project
receives building permits on or before May 21, 2011, the
re uirement of this condition shall be extin uished.
14. Revocation of permit. The permit shall be revocable for PL Ongoing Standard
cause in accordance with Chapter 8.96 of the Dublin
Zoning Ordinance. Any violation of the terms or
conditions of this ermit shall be sub'ect to citation.
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15. Developer shall obtain an Encroachment Permit from PW Construction Standard
the Public Works Department for all construction activity
within the 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
re uired.
16. Developer shall obtain a Grading / Sitework Permit from PW Construction Standard
the Public Works Department for all private grading and
site improvements. This will include any community walls
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
sub'ect to s ecial ins ections durin construction.
17. Plot plans shall be submitted for review and approval by PW Building Standard
the Public Works Department and the Community Permits
Development Department prior to approval of building
ermits.
18. Roof drainage shall be connected to a closed conduit, PW Tract impmt Standard
discharging to a curb drain or connected to the storm agreement
drain system. Concentrated flows will not be allowed to
drain across ublic sidewalks
19. The Developer is responsible for ensuring that all PW During Standard
contractors implement all storm water pollution prevention construction
measures in the SWPPP.
F A v .o= a ,
-
20. 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 buildin ermit.
21. Retaining Walls: All retaining walls over 30 inches in B Through Standard
height and in a walkway area shall be provided with completion
uardrails. All retainin walls located on rivate ro ert,
9
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
over 24 inches, with a surcharge, or 36 inches without a
surcharge, shall obtain permits and inspections from the
Buildin Division.
22. Phased Occupancy Plan: If occupancy is requested to B Occupancy Standard
occur in phases, then all physical improvements within of any
each phase shall be required to be completed prior to affected
occupancy of any buildings within that phase except for building
items specifically excluded in an approved Phased
Occupancy Plan, or minor handwork items, approved by
the Community Development Department. 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
Community Development Director, the completion of
landscaping may be deferred due to inclement weather
with the posting of a bond for the value of the deferred
landsca in and associated im rovements.
23. Building Permits: To apply for building permits, B Issuance of Standard
ApplicanUDeveloper shall submit eight (8) sets of building
construction plans to the Building Division for plan check. permit
Each set of plans shall have attached an annotated copy
of these Conditions of Approval. The notations shall
clearly indicate how all Conditions of Approval will or have
been complied with. Construction plans will not be
accepted without the annotated resolutions attached to
each set of plans. Applicant/Developer will be
responsible for obtaining the approvals of all participation
non-City agencies prior to the issuance of building
ermits.
24. Construction Drawings: Construction plans shall be B Issuance of Standard
fully dimensioned (including building elevations) building
accurately drawn (depicting all existing and proposed permit
conditions on site), and 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
lan and details shall be consistent with each other.
10
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
25. Air Conditioning Units: Air conditioning units and B Occupancy Standard
ventilation ducts shall be screened from public view with of unit
materials compatible to the main building and shall not be
roof mounted. Units shall be permanently installed on
concrete pads or other non-movable materials approved
by the Building Official and Community Development
Director. 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.
26. Temporary Fencing: Temporary Construction fencing B Through Standard
shall be installed along the perimeter of all work under completion
construction.
27, Addressing: B Issuance of Standard
a. Provide a site plan with the City of Dublin's address building
grid overlaid on the plans (1 to 30 scale). Highlight all permit and
exterior door openings on plans (front, rear, garage, through
etc.). (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 they can be seen from the
street.
28. Engineer Observation: The Engineer of record shall be B Scheduling Standard
retained to provide observation services for all the final
components of the lateral and vertical design of the frame
building, including nailing, hold downs, straps, shear, roof inspection
diaphragm and structural frame of building. A written
report shall be submitted to the City Inspector prior to
scheduling the final frame inspection.
ii
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
29. Foundation: Geotechnical Engineer for the soils report B Through Standard
shall review and approve the foundation design. A letter completion
shall be submitted to the Building Division on the
a roval.
30. Green Building: Green Building measures as detailed B Through Standard
may be adjusted prior to master plan check application completion
submittal with prior approval from the City's Green
Building Officiai. Provided that the design of the project
complies with the City of Dublin's Green Building
Ordinance and State Law as applicable. In addition, all
changes shall be reflected in the Master Plans. (Through
Completion)
The Green Building checklist shall be included in the
master plans. The checklist shall detail what Green
Points are being obtained and where the information is
found within the master plans. (Prior to first permit)
Prior to each unit final, the project shall submit a
completed checklist with appropriate verification that all
Green Points required by 7.94 of the Dublin Municipal
Code have been incorporated. (Through Completion)
Homeowner Manual - if Applicant takes advantage of this
point the Manual shall be submitted to the Green Building
Official for review or a third party reviewer with the results
submitted to the City. (Through Completion)
Landscape plans shall be submitted to the Green Building
Official for review. Prior to approval of the landscape
plans by the City of Dublin.
Developer may choose self-certification or certification by
a third party as permitted by the Dublin Municipal Code.
Applicant shall inform the Green Building Official of
method of certification prior to release of the first permit in
each subdivision / nei hborhood.
31. Electronic File: The Applicant/Developer shall submit all B Issuance of Standard
building drawings and specifications for this project in an building
electronic format to the satisfaction of the Building Official permit
prior to the issuance of building permits. Additionally, all
revisions made to the building plans during the project
shall be incorporated into an "As BuilY" electronic file and
submitted prior to the issuance of the final occupancy.
12
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
32. Permit Expiration. Construction or use shall commence B Ongoing Standard
within 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 pubtic
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
accordin to the re uirements of this Ordinance.
33. Clean up. The Applicant/Developer shall be responsible PL Ongoing Standard
for clean up and disposal of project related trash and for
maintainin a clean, litter-free site.
34. Controlling Activities. The Applicant /Developer shall PO, PL Ongoing Standard
control all activities on the project site so as not to create
a nuisance to the surroundin residences.
35. Noise/Nuisances. No loudspeakers or amplified music PO, PL Ongoing Standard
shall be permitted to project or be placed outside of the
residential buildin s durin construction.
36. Accessory Structures. The use of any accessory PL, B, F Ongoing Standard
structures, such 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
a roved.
37. Removal of Obstructions. ApplicanUDeveloper shall PW Issuance of Standard
remove all trees including major root systems and other Occupancy
obstructions from building sites that are necessary for Permits
public improvements or for public safety as directed by
the soils en ineer and Public Works Director.
38. Utility Siting Plan. The Applicant/Developer shall PW, PL Issuance of Standard
provide a final Utility Siting Plan showing that Grading
transformers and service boxes are placed outside of Permits
public view where possible and/or screened to the
satisfaction of the Community Development Director and
Public Works Director. ApplicanUDeveloper 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
En ineer/Public Works Director rior to installation.
13
NO. Agency When Source
CONDITIONS OF APPROVAL Required,
Prior to:
,
39. Security During Construction. PO, B, During Standard
a. Fencing - The perimeter of the construction site shall PW construction
be 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.
40. Graffiti. The Applicant/Developer shall keep the site clear PO, PL Ongoing Standard
of graffiti on a regular and continuous basis and at all
times. Graffiti resistant materials should be used. §
m'~~~'~.
41. Fees. The Developer shall pay all applicable fees in PW Zone 7 and Standard
effect at the time of building permit issuance including, Parkland In-
but not limited to, Planning fees, Building fees, Dublin Lieu Fees
San Ramon Services District fees, Public Facilities fees, Due Prior to
Dublin Unified School District School Impact fees, Public Filing Each
Works Traffic Impact fees, City of Dublin Fire Services Final Map;
fees, Noise Mitigation fees, Inclusionary Housing In-Lieu Other Fees
fees, Alameda County Flood and Water Conservation Required
District (Zone 7) Drainage and Water Connection fees, with
and any other fees either in effect at the time and/or as Issuance of
noted in the Development Agreement. Building
Permits
14
PASSED, APPROVED AND ADOPTED this 14th day of September, 2010 by the following vote:
AYES: King, Swalwell, Wehrenberg
NOES:
ABSENT: Brown, Schaub
ABSTAIN: ~ -
Planfiing Commi sioner Chair
ATTEST:
Acting Plahning Manager
G:IPA#120101PLPA-2010-00043 Hovnanian - Livomno @ Positano SDRIPCReso SDR.doc
15