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HomeMy WebLinkAboutPCReso 96-11 PA95-048 CalCrksde SDR Tmap RESOLUTION NO. 96 -11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR PA 95-048 CALIFORNIA CREEKSIDE WHEREAS, Kaufman & Broad of Northern California have requested approval of a Planned Dew.~ opment Rezoning, Tentative Subdivision Map 6822, and Site Development Review (Exhibit A), and Development Agreement (Exhit:it D) for a residential development consisting of 154 single family dwellings and 123 townhouses on approximately 35.4 gross acres in the Eastern Dublin Specific Plan area; and WHEREAS, a complete application for a Tentative Subdivision Map, Site Development Review, Planned Development Rezoning, and Development Agreement are available and on file in the Planning Department; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) the City has found, pursuant to CEQA Guidelines Section 15182, that the proposed residential 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 has further found that the proposed project is consistent with the adopted Eastern Dublin Specific Plan; and WHEREAS, the Planning Commission did hold a public hearing on said application on April 16, 1996; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission approve the Tentative Map and Site Development Review and recommend that the City Council approve the Planned Deve!opment Rezone and Development Agreement subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Tentative Map: 1. The California Creekside Tentative Subdivision Map is consistent with the intent of applicable subdivision regulations and related ordinances. 2. The design or improvements of the California Creekside Tentative Subdivision Map 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 project in an area designated for residential development. 3. The California Creekside Tentative Subdivision Map is consistent with the Planned Development herein proposed for this project and is therefore consistent with the City of Dublin Zoning Ordinance. 4. The site is located adjacent major roads on 35.4 acres of relatively flat topography and is, thert .'.)re, physically suitable for the type and density of development. 5. With the incorporation of mitigation measures from the Program EIR, action programs and policies of the Eastern Dublin Specific Plan, and Conditions of Approval listed below, 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 letters dated March 27, 1996, from DRFA, and March 14, 1996, from DSRSD if conditions are met and fees paid. Sewer service for this subdivision shall be provided pursuant to an agreement between Alameda County and DSRSD. The developer has entered into an agreement to provide school facilities mitigation with the Dublin Unified School District assuring school capacity. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: 1. The approval of this application (PA 95-048) is consistent with the intent/purpose of Section 8- 95.0 (Site Development Review) of the Zoning Ordinance. 2. The approval of this application, as conditioned, complies with the policies of the General Plan, with the Eastern Dublin Specific Plan and with Planned Development Regulations for the project which allow for residential development at this location. 3. The approval of this application, as conditioned, is consistent with the design review requirements in the Eastern Dublin Specific Plan and City of Dublin Zoning Ordinance. 4. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans. 5. The approval of this application, as conditioned, is in the best interests of the public health, safety and general welfare as the development is consistent with all laws and ordinances and implements the Eastern Dublin Specific Plan. 6. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, as conditioned, has been designed to provide a desirable environment for the development. 7. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings have been incorporated into the project and as Conditions of Approval in order to insure compatibility of this development with the development's design concept or theme and the character of adjacent buildings and uses. 8. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Tentative Map and Site Development Review for PA 95-048 subject to the following Conditions of Approval, and does hereby recommend that the City Council approve PA 95-048 Planned Development Rezoning subject to the following Conditions of Approval: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to final occupancy of any building, 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, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [F] Dougherty Regional Fire Authority.. [DSR1 Dublin San Ramon Services District, [CO] Alameda County Flood Control & Water Conservation District (Zone 7). TENTATIVE MAP PA 95-0048, California Creekside, Tentative Map Tract 6822 is approved to subdivide an existing 813 gross acre remainder parcel created by Tentative Parcel Map 6879 into 154 single family lots and 48 parcels containing 123 airspace condominium townhouses. Said 48 parcels and Parcel A being held in common by the owners of the 123 townhouses. This approval shall conform generally to the Tentative Map prepared by Ruggieri-Jensen and Associates dated received by the Planning Department on April 10, 1996, consisting of three sheets, labeled Exhibit A, stamped approved and on file; to the TJKM Traffic Study and Addendum dated February 1996; to the written statement prepared by the Applicant dated received April 1, 1996; and to the Acoustical Analysis prepared by Environtech Consultants, dated received December 18, 1996, by the City of Dublin Planning Department and on file. [PL, PW] The Parcel Map for Tentative Parcel Map 6879 must be approved by the Public Works Director and recorded before the Final Map for Tentative Map 6822 may be approved by the City and recorded. [PW] The Applicant shall comply with all applicable City of Dublin Typical Public Works Conditions of Approval for Subdivisions. In the event of a conflict between the Public Works Typical Conditions of Approval for Subdivisions and these Conditions, these conditions shall prevail. (see Attachment 2) [PW] The approval of this Tentative Map shall be pursuant to the term set forth in the Development Agreement approved by the City of Dublin on __., 1996, and recorded on ___, 1996. The California Creekside Tentative Map shall expire ., 2001, unless the agreement is terminated at an earlier date, then the approval shall expire at the standard time of two and one half (2 1/2) years as set forth in the Dublin Municipal Code and in the regulations of Section 66452.6 of the Subdivision Map Act. In the event of conflict between the terms of the Development Agreement and the following conditions, the terms of the Development Agreement shall prevail. [PW, PL]. PRIOR TO FINAL MAP APPROVAL: The Developer shall prove to the City that this subdivision is protected from a 100-year storm event, especially from waters in Tassajara Creek. The finished floor elevations must be one foot above 100- year flood. [PW] The two streets along Dublin Boulevard shall align with the two entrances into the shopping center across Dublin Boulevard. [PW] 3 o o 10. Dedications of street rights-of-way along Dublin Boulevard, the Transit Spine and the public streets shown on the Tentative Map shall be included in the Final Map. [PW] Any easements now existing on the site, and not to be part of the proposed utility and street improvements, shall be abandoned and removed prior to approval of the Final Map. [PW] All utilities shall be underground, with the exception of transformer vaults in Townhouse portion of development. In areas where the joint trench will be constructed, the Final map shall include a ten (10) foot Public Utilities Easement behind the street rights-of-way.. (108, 109, 228) [PW] Developer shall provide documentation that electric, gas, and telephone service can be provided to the subdivision. (107)[PL] Applicant shall provide Public Utility Easements per requirements of the Public Works Director and/or public utility companies as necessary to serve this area with utility services. [PW] A current title report and copies of the recorded deed of all parties having any recorded title interest in the property to be divided, copies of the deeds and the Final Maps for adjoining properties and easements shall be submitted at the time of the submission of the final subdivision maps, if the Director of Public Works deems necessary. [PW] The Final Map and improvement plans shall be substantially in accordance with the Tentative Map prepared by Ruggieri-Jensen and Associates dated received April 2, 1996, unless otherwise modified by the conditions contained herein. [PW] The common open space areas shall be shown as lettered lots on the final map(s). [PW] PRIOR TO GRADING PERMIT APPROVAL: ° ° ° o Permits shall be required for oversized and/or overweight construction loads coming to and leaving the site. If soil is to be imported or exported from the site, a haul route plan shall be submitted to the City for review and approval. [PW] All construction traffic may be subject to specific routing as determined by the Public Works Director, in order to minimize construction interference with regional non-project traffic movement. (268) [PW] As part of the grading permit application, subdivider shall submit a Construction Impact Reduction Plan. Said Plan shall include those items addressed as a concern in the Program EIR, in particular, Mitigation Measures 3.11/1 through 3.11/4 and 3.11/7. (269 and 270)[PL, PW] Prior to approval of the grading plans, Applicant shall prepare a Geotechnical Report covering this site for review by the City, and shall design the grading plan to the recommendations outlined in the geotechnical investigation report on the plans and notes for the project and as required by the City's Grading Ordinance (as a minimum). (184, 198)[PW] Developer shall prepare plans for the periodic inspection and maintenance of subsurface drainage features, and the removal and disposal of materials deposited in surface drains and catch basins. (199)[PW] Developer shall prepare and submit a Construction Noise Management Program, to the satisfaction of the Community Development Director, that identifies measures proposed to minimize construction noise impacts on existing residents, and shall ensure that construction or grading on the site complies with that program. (263,264) [PL] 10. 11. 12. 13. 14. 15. 16. Developer shall insure that stationary source emissions associated with project development are minimized. This shall be accomplished by preparation of a written program to accomplish the requirements of Mitigation Measure 3.11 / 12.0 of the Eastern Dublin EIR to the satisfaction of the Community Development Director prior to the issuance of a grading permit. (278)[PL] Street name signs shall display the name of the street together with a City Standard shamrock logo. Posts shall be galvanized steel pipe. A street sign/naming plan shall be submitted prior to application for grading permit and shall be subject to the Public Works Director's review and approval. [PW] Within 60 days prior to habitat modification, subdivider shall request that the City a biological survey undertaken for the project site (Preconstruction Survey). Said Survey shall be prepared by a biologist (to be approved and hired by the City prior to commencement of work). Said Survey shall examine whether any sensitive species exist on or adjacent to the site and if they exist shall include protection plans for the species. Subdivider shall be responsible for the cost of the Survey and Staff review of same. Subdivider shall request that the survey be undertaken at least 60 days prior to the anticipated habitat modification date so that City will have adequate time to ensure that the survey occurs at least 21 days prior to anticipated habitat modification. Subdivider shall be responsible for implementing recommendations of the Preconstruction Survey including any modifications to site design and to plans to protect sensitive species that may be discovered as a result of the Survey. Determination of the significance of the discovery shall be determined by the Community Development Director.(222, 230) [PL] Should any Kit Foxes be discovered on the site either during the preconstruction Survey or during project construction, the subdivider shall be responsible for complying with the Kit Fox Protection Plan. (219)[PL, PW] Prior to commencement of any grading or construction activities adjacent to Tassajara Creek, temporary fencing shall be installed along the eastern property line, effectively separating the site from Tassajara Creek. Said fencing is to remain in place throughout the construction process. [PL, PW, B] All of the plans, including Improvement Plans, Grading Plans, and subdivision maps, must be designed to the City of Dublin's standards, pland, specifications, policies, and requirements, ussing standard City title block and formats. Grading plans must be designed based on approved soil reports. In addition to the civil engineer, a soils engineer must sign the grading plans. The soils engineer or his technical representative must be present at all times during grading. All engineering plans must be designed and signed by a Registered Civil Engineer. Plans must be prepared by a registered civil engineer and must be to the satisfaction of the Director of Public Works, and after his approval original mylars or photo mylars with three sets of blue prints must be submitted to the City. [PW] The developer shall remove all trees including major root systems and other obstructions from building sites that are necessary for public improvements or for public safety as directed by the Director of Public Works. [PW] Where finish grade of this property is in excess of twenty-four (24") inches higher or lower than the abutting property or adjacent lots within the subdivision, a retaining wall or other suitable solution acceptable to the Director of Public Works shall be required and any fence or wall shall be measured from the top of grade on the higher side of the retaining wall or slope. [PW] Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. [DSR] The Developer shall supply the Planning Department with a copy of the Developer's Phase 1 and Phase 2 environmental assessment studies prior to issuance of a grading permit. All remediation required by those studies shall be implemented to the satisfaction of the Director of Public works prior to Improvement Plan approval [PL, PW] PRIOR TO IMPROVEMENT PLAN APPROVAL: o 10. 11. The Developer shall submit a replacement Tentative Map showing an alternative provision for incorporating lots B, C and D into the adjacent residential lots. This alternative provision will be utilized and the maintenance of these areas will be the responsibility of the owner of the residential lot of which they are a part if the City does not accept responsibility for lots B, C, and D. [PL] The circular island at the intersection of"A" and "B" streets shall have raised dot approach islands to preclude drivers making left-hand tums from short-cutting the path around the island. [PW] A signage plan for the circular island intersection of"A" and "B" streets shall be prepared to the satisfaction of the Director of Public Works. [PL] A detailed fencing/wall plan for the sound wall along Dublin Boulevard shall be submitted with the improvement plans for the first phase of development. The design, height and location of the fences/walls shall be subject to approval of the Community Development Director. [PW] [PW, PL] The Dublin Boulevard section shall be widened four (4) feet approaching each of the three public street entrances to allow right-tm lanes. [PW] This project shall dedicate and construct the ultimate north half of Dublin Boulevard along the Project boundary, consisting generally of three 12 foot travel lanes, one 8 foot bike lane, a 24 foot wide landscaped median island (with curbs)and a minimum 30 foot wide setback area which shall include curb, gutter, and a 12 foot wide trail and landscaping. Transitions shall be provided at the west an~ east ends of the project from the new roadway section to existing Dublin Boulevard. Two of the 12 foot travel lanes and the median improvements are Oversized Improvements for which the county shall receive a credit under the terms of the Development Agreement for this project. This project shall also dedicate and construct the Transit Spine along the Project boundary to include a 14 foot travel lane, 6 foot bike lane, and an 8 foot parking lane on the south portion of the street and a 20 foot travel lane on the north portion of the street. A 30 foot wide landscaped median island (with curbs) shall be constructed along the centerline of the right-of-way. The south half improvements shall include gutter, landscaping and sidewalk, the north half improvements shall include headerboard and earth drainage ditch. County shall receive credit for dedication of 38 feet of right-of-way, 16 feet of road improvements, and 14 feet of landscaped median, under the terms of the Development Agreement for this project. [PW] The developer shall consult with the Livermore-Amador Valley Transit Authority (LAVTA) and provide bus turnouts and shelter per LAVTA's and the City's standards and the City shall approve requested locations. (7, 60) [PW] The storm drainage system shall provide for all in-tract drainage, as well as through drainage. The plans shall incorporate watersheds and major storm drains as depicted on the Brian Kangas Foulk master drainage plan and/or any other study acceptable to the City for this area. (8) [PW] A trail (part of the regional trail system) shall be incorporated into and as part of the sidewalk system along the Dublin Boulevard frontage. [PW] The landscaped areas of the Townhouse portion of the project shall have laterals installed to the satisfaction of the Director of Public Works to enable future recycled water connection in addition to potable water connection. Recycled water lines shall be installed shall be installed to serve the Dublin 12. 13. 14. 15. 16. 17. Boulevard, Transit Spine and Collector Street frontages and to serve landscaping along the west side of Tassajara Creek. All landscaped areas shall be subject to the City's Water Efficient Landscape Ordinance. [PW] Developer shall improve the collector street with the Project along the west boundary of the Project between Dublin Boulevard and the Transit Spine. The collector street shall generally include a paved area 40 feet from face of curb (east side) to face of headerboard (west side), with sidewalk, landscaping and curb and gutter on the east side of the street and headerboard and earth drainage ditch on the west side of the street. [PW] The Developer shall work with the Developer of the adjacent Developer's Diversified shopping center to provide adequate access and utility connections, to the satisfaction of the Public Works Director. [PW] The improvement plans for this Tentative Subdivision Map shall be prepared by a registered civil engineer and all public improvements shall be designed and installed in accordance with the Ordinances, standards and requirements of the City of Dublin. [PW] Where decorative paving is installed in public streets, a Decorative Paving Plan shall be prepared to the satisfaction of the Director of Public Works prior to approval of Improvement Plans. Pre-formed traffic signal loops shall be used under the decorative paving. Where possible, irrig.ation laterals shall not be placed under the decorative paving. Maintenance costs of the decorative pawng shall be included in a landscape and lighting maintenance assessment district or other funding mechanism acceptable to the City Manager. [PW, ADM] Project Applicant shall submit a utilities service report to the City prior to Public Improvement Plan approval. (110) [PW, PL] Provide the two handicap parking spaces for the recreation/pool area in the parking bay of the Townhouse portion of development. [PL] PRIOR TO ISSUANCE OF BUILDING PERMITS: o A plot plan for each single family residential lot shall be submitted and approved by the Community Development Director before approval of building permits for the respective lot. Said plot plan shall include pad elevations, setbacks, lot drainage and street utility locations. [PL] The developer shall contract with the Dublin San Ramon Services District (DSRSD) to provide water, wastewater and recycled water to the site. The plans for these facilities shall be reviewed and approved by DSRSD. [PL, DSR] This project is subject to the payment of drainage fees through the City of Dublin to Alameda County Flood Control District, Zone 7, for off-site major drainage channel improvement work. [PL, Zone 7] Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the DSRSD Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and policies and all Recycled Water Design and Construction Standards. [DSR] Prior to issuance by the City of any Building Permit, all utility connection fees, plan checking fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. [DSR] Prior to issuance by the City of any Building Permit, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block 7 o for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant 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. The Applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. [DSR] No sewerline or water line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in condition 5 above have been satisfied. [DSR] PRIOR TO THE FINALING OF ANY BUILDING PERMITS: o o o Dublin Boulevard shall be widened four (4) feet approaching each of the three public street entrances within this project to allow right turn lanes. [PW] The Developer shall be responsible for payment of traffic impact fees, traffic impact fees to reimburse P'~easanton for freeway interchanges, public facilities fees, noise mitigation fees, school impact fees, fire impact fees, affordable housing in-lieu fees, specific plan implementation fees, regional transportation fees, and any other fees as noted in the Development Agreement. The Tri-Valley Transportation Council is presently studying the development of a Regional Transportation Impact Fee. If this fee is adopted by the City of Dublin, or incorporated into Dublin's Eastern Dublin Traffic Impact Fee prior to building permits being issued, then the unissued building permits shall be subject to the new or revised fee. The TIF will be calculated at the time of Finaling of any Building permit. (45-54, 58, 286) [PW, PL] The County shall widen existing Tassajara Road from Dublin Boulevard to 1-580 to four lanes at the time average daily traffic (ADT) on this segment of Tassajara Road exceeds 15,000 vehicles unless Tassajma Road has already been widened by another Eastern Dublin developer. If constructed by the County, the County shall receive credit against the Traffic Impact Fee for Eastern Dublin pursuant to the Development Agreement for this project. [PW] Developer is responsible for installing traffic signals at Tassajara Road and Dublin Boulevard together with left-turn lane, and for installing traffic signals at Dublin Boulevard and Hacienda Drive together with a left turn lane, unless the signals have already been installed by the developer of the Tri-Valley Crossings Project. The developer shall provide traffic signal pre-emption systems (Opticom) at the intersections where signals are required by the Director of Public Works. (65)[PW] Developer shall submit a Plan Line and Striping Plan for Dublin Boulevard and the Transit Spine to the Public Works Director for review and approval. The Plan shall show interim lane configurations and transitions, and shall provide adequate street width to allow two-way left-mm lanes. [PW] The developer shall widen the existing Dublin Boulevard or extend the new alignment for Dublin Boulevard from the BART easterly access road to Hacienda Drive (at Dublin Boulevard adjacent to the Tri-Valley Crossings Project) to four lanes if this Project begins construction after the Tri-Valley Crossings Project (or any phase of it) and the Dublin Ranch Phase 1 Project (PA 95-030) have been constructed. If constructed as part of this Project, the County shall receive credit against the Traffic Impact fee for the forgoing improvements pursuant to the Development Agreement for this project. [PW] The developer waives any right to protest the inclusion of the property or any portion of it in a Landscape and Lighting Assessment District or similar assessment district, and further waives any right to protest the annual assessment for that District. The 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 Community Development Director prior to final inspection. [PL] The Developer shall install a 6 foot high fence at the top of bank of Tassajara Creek subject to approval by the Director of Public Works prior to occupancy of the first dwelling. Fencing other than six-foot black vinyl-clad fencing, such as decorative metal fencing, is acceptable to Zone 7 provided that the City, or another entity, is responsible for upkeep and repair. [PL, Zone 7] The applicant shall confer with local postal authorities to determine the required type of mail units and provide a letter from the Postal Service stating their satisfaction at the time of approval of the Final Map. Specific locations for such units shall be to the satisfaction of the Postal Service and the Dublin Planning Department. [PL] STORM WATER RUNOFF/POLLUTION The developer shall demonstrate to the Director of Public Works that the development meets the requirements of the City of Dublin's "Best Management Practices" to mitigate storm water pollution. (171) [PW] Pursuant to requirements of Federal law, a NPDES permit shall be obtained from the RWQCB, and any terms of the permit shall be implemented, if applicable.(172) [PW] FIRE 1. The Developer shall comply with all conditions of the Dougherty Regional Fire Authority included in the letter to Dennis Carrington from that agency dated March 27, 1996. [DRFA] POi ICE Fire access between residences shall be controlled by fences and adequate gates to prevent unauthorized pedestrian traffic. (70)[F, PO] Applicant shall submit a projected timeline for project completion to the Dublin Police Services Department, to allow estimation of staffing requirements.(66, 70)[PO] ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 The legal responsibility fbr maintenance and the liability for flood damage caused by inadequate maintenance of this reach of Tassajara Creek remains with the owner. Zone 7 will not maintain any flood control facilities it does not own in fee title. [Zone 7] A minimum setback of 20 feet from (a) top of bank, or (b) a 2.0 (horizontal) to a 1 (vertical) projection from the toe of the arroyo to the top of ground (whichever is greater) should be provided. No buildings or permanent structures should be constructed within this setback area. [Zone 7] To avoid overbank erosion, the area adjacent to the flood control right-of-way should be graded to drain away from the creek and to the on-site stom~ drain system. [Zone 7] Drainage entering the creek should enter through reinforced concrete pipes and be protected with outfall structures such as shown on Alameda County Flood Control and Water Conservation District (ACFC&WCD) Standard Drawing SF-605. [Zone 7] Special Drainage Area 7-1 was established by the ACFC&WCD Board (Resolution 6922, May 17, 1966) to provide for a program of flood control improvements along the major streams and arroyos within Zone 7 of ACFC&WCD. Ordinance No. 53 of the Alameda County Flood Control and Water Conservation District prescribes fees and charges within SDA 7-1 to be collected at the time of issuance of a building or use permit. The fees and charges so collected are used to finance SDA 7-1 flood control improvements~ [Zone 7] Known water wells 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. Other wells encountered prior to or during construction are to be treated similarly. [Zone 7] Ensure that recycled water projects meet any applicable salt mitigation requirements of Zone 7. (141) [PW] The applicant shall comply with all Alameda County Flood Control and Water Conservation District - Zone 7 Flood Control requirements and applicable fees. [Zone 7, PW] DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) o o All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. [DSR] Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a 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 the Applicant for any project that requires a pumping station. [DSR] Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. [DSR] DSRSD policy requires public water and sewer lines to be located in public streets rather than in off- street locations to the fullest extent possible. If unavoidable, public sewer or water 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. [DSR] All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. [DSR] Prior to approval by the City for recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. [DSR] The Applicant shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. [DSR] Applicant shall coordinate off-site and on-site potable and recycled water and sewer pipeline construction with the following project activities: 10 a. Santa Rita Water and Sewer Improvements as shown in the "Project Manual for the Construction of Santa Rita Water and Sewer Improvements", March 1996, by G. S. Dodson and Associates, as may be amended, except as otherwise provided within these Standard and Special Conditions. (Bid opening scheduled April 5, 1996.) [DSR] b. Dublin Boulevard widening and improvements within vicinity of the proposed Tri-Valley Crossings project. This project includes reaches of potable and recycled water mains that will need to be extended east in order to serve the subject development. [DSR] Potable and recycled water facilities and sewer facilities shall be constructed as required by DSRSD Major Infrastructure Policy (Board Resolution 29-94) and in conformance with DSRSD Master Planning. Developer must additionally apply for and construct potable and recycled water pipelines and facilities sufficient to serve this project on Dublin Boulevard from Hacienda Drive east to the eastern project site entrance road in accordance with Standard Conditions 1,2,4,5, and 9-12 above and DSRSD Standards and requirements. Applicant shall coordinate design, timing and phasing of construction of on site water facilities with all required off site water facilities. 10. All in-tract potable and recycled water and wastewater pipelines and facilities shall be constructed by the owner/developer in accordance with all DSRSD requirements. [DSR] 11. Requirement for dual piping to facilitate future recycled water use for landscaping purposes (City of Dublin Water Efficient Landscape Ordinance) shall be met. [DSR] Handicap Ramps Handicap ramps must be placed at all curb and curb returns where sidewalks occur and conform to Federal ADA and City of Dublin Standards. [PW] Archaeology Should any prehistoric or historic artifacts be exposed during excavation and construction operations, works shall cease immediately and the City Planning Department shall be notified. A qualified archaeologist shall be consulted to determine whether any such materials are significant prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Appendix K of the California Environmental Quality Act Guidelines. [PL, PW, BI Hold Harmless The subdivider 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, 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 concerning a subdivision or other development which actions is brought within the time period provided for in Government Code Section 66499.37; provided, however, that the subdivider's or permittee's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the subidivider or permitee of any said claim, action, or proceeding and the City's full actions, or proceedings. [PL] CC&R' s/Maintenance/Homeowner' s Association Covenants, Conditions and Restrictions (CC&R's) shall be established for this development. The CC&R's shall be approved by the Community Development Director prior to the recordation of the Final Map to assure that: [PL] a. A Homeowner's Association is established for the Townhouse portion of 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 areas, 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 vehicle, whether towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term includes, but is not limited to, travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks and busses, and boats and trailers. [PL] d. The landscaping and irrigation in the Single Family portion of the development shall be maintained and kept in good order by the resident and/or owner of each residence. The applicant shall comply with the City's proposed Wildfire Management Plan for covering long-term maintenance of the urban/open-space interface. The Plan requirements shall be incorporated into the CC&R's for the project. If a Wildfire Management Plan has not been adopted prior to approving the CC&R's for the project, the applicant shall provide a project specific wildfire management plan and shall submit this plan prior to recordation of the Final Map. (17, 75, 77) [F, PL, PW] Developer is responsible for landscape and lighting maintenance through Lighting and Landscaping Maintenance Assessment Districts or any other method of maintaining the landscaping and lighting approved as part of this project. [PL] Bonds A faithful performance bond or securities that are 100% of Improvement costs, and a labor and material bond or securities that are 50% of Improvement costs, must be provided prior to issuing any grading and/or improvement permits. Improvement costs will include street, drainage, grading, backfill of utilities, and landscaping cost to the satisfaction of the Director of Public Works. [PW, ADM] Labor and materials bond will be released after City's acceptance of improvements. The Performance bond will be released one year after acceptance of improvements and after all defects have been repaired. The Developer, with the approval of the Director of Public Works, has the option of providing a Maintenance Bond after acceptance of improvements by the City in the amount of 25% of improvement costs. This will serve instead of the Faithful Performance Bond. Prior to release of the Faithful Performance Bond or the Maintenance Bond, all improvements and landscaping shall be installed and established per approved plans and a declaration by the project civil engineer that the finished graded building pads are within + 0.1 feet in elevation of those shown on approved plans. [PW, ADM] Encroachment Permit An encroachment permit shall be secured from the Public Works Director for any work done within the public right-of-way where this work is not covered under the improvement plans. [PW] Phased Occupancy Plan If occupancy is requested to occur in phases, then all physical improvements within each phase shall be required to be completed prior to occupancy of units within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor hand work items, approved by the Planning Department. The Phased Occupancy Plan shall be submitted for Community Development Director review and approval a minimum of 45 days prior to the request for occupancy of any unit covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all lots in each 12 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 Community Development Director, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. [PL, B] Prior to the sale of any unit within a phase, the Applicant/Developer shall obtain a written acknowledgment (secured from the individual property owner) acknowledging the continuance of 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 to City Attorney review and approval. The Applicant/Developer shall keep a copy of said written acknowledgment on file and shall submit the original signed acknowledgment to the Planning Department within three (3) days upon request of the Community Development Director. If the Applicant/Developer fails to comply, the Community Development Director may require the submittal of the written acknowledgment prior to release of occupancy of any future units and/or future phases. [PL, ADM, B] Noise Mitigation Developer shall install six-foot high airtight patio fencing in the four townhouses nearest to Dublin Boulevard. Barrier height is in reference to the patio floor. [PL, B] Glass sections of the building elevations facing Dublin Boulevard shall provide a sound insulation equal to that required to meet an STC (Sound Transmission Class) rating of 27. This applies to glass sections in buildings on lots adjacent to the south property line as shown in Figure 3 of the "Acoustical Analysis of The California Creekside Project In the City of Dublin" dated October 11, 1995, prepared by Environtech Consultants. The requirement applies to the complete operable (or fixed) assembly including frames and seals. The specified ratings assume that windows do not occupy more than 35% of the exterior wall area or of the floor area of a given living space. [PL, B] Mechanical ventilation acceptable to the Building Department shall be provided for units on the south and west side of the development as shown in Figure 4 of the Acoustical Analysis for the project to assure habitability in accordance with Title 24 and the Uniform Building Code. Windows for these units shall be operable. Exterior doors for these units shall be one and three-quarters inch thick solid core doors with full perimeter seals. All frames and seals for these units shall be thoroughly caulked with resilient caulking and weather-stripped to prevent air leaks. Kitchen and bathroom vents for these units shall be provided with exterior or interior dampers. [PL, B] General The Developer shall ensure that areas undergoing grading and all other construction activity are watered or other dust control measures used to prevent dust problems as conditions warrant or as directed by the Director of Public Works. Further, the developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean-up shall be made during the construction period, as determined by the Public Works Director. (267)[PW] Construction and grading operations shall be limited to weekdays, Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:00 p.m. The Director of Public Works may approve work on Saturday and hours beyond the above mentioned days and hours with the understanding that the developer is responsible for the additional cost of the Public Works inspectors' overtime. [PL] Any relocation of improvements or public facilities shall be accomplished at no expense to the City. [PW] o In submitting subsequent plans for review and approval, 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 be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. [B] Approval of this Tentative Map is subject to the Applicant securing approval from the City Council of the proposed Development Agreement Amendment associated with this request. [PL] The developer shall provide all homes with cable TV and telephone. [PL] All water, gas, sewer, underground electric power, cable television or telephone lines and storm drain facilities shall be installed before any paving, curb, gutter or sidewalk is installed or as approved by the Director of Public Works. Utility stub connections to property boundaries shall be required unless waived by the Director of Public Works in writing. [PW] For production units the first lift of asphaltic concrete will be required by phase on the subdivision streets prior to combustible construction. [PL] SITE DEVELOPMENT REVIEW This Site Development Review approval is for PA 95-048 establishes the design concepts and regulations for the California Creekside development. Development pursuant to this Site Development Review shall generally conform to the following plans and documents available and on file in the Planning Department (some of the following items require revisions as noted in other Conditions herein): Architectural Plans prepared by Kaufman & Broad for single family homes dated received April 9, 1996, by the City of Dublin Planning Department, and for Townhouses dated Received December 18, 1996, by the City of Dublin Planning Department; Site Plan and Preliminary Landscaping Plan prepared by The Frisbee Planning Company dated Received April 2, 1996, by the City of Dublin Planning Department stamped approved and o file. The Site Development Review shall also generally conform to the Color and material board dated received December 18, 1995, on file in the City of Dublin Planning Department; the written statement prepared by the Applicant dated received April 1, 1996; and Acoustical Analysis prepared by Environtech Consultants, dated received December 18, 1995, by the City of Dublin Planning Department, and on file. Plotting Plans Plotting Plans for each phase of the project shall be submitted by the Developer to the Planning Department for approval by the Community Development Director prior to submitting for building permits in each respective phase. [PL] Plotting for Dwelling unit types in Phase 1 shall be as shown on the Plotting Plan dated received April 10, 1996. [PL] Air Conditioning Units Air conditioning units shall be screened from public view with 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 to be approved by the Building Official and Community Development Director. [B, PL] Automatic Garage Door Openers Automatic garage door openers shall be provided and shall be of a "roll-up type" for the Townhouse portion of the project. Garage doors shall not intrude into the public right of way. [B, PL] 14 Fencing 1. Construction/installation of common/shared fences for all side and rear yards shall be the responsibility of the developer. [PL] 2. All wall or fence heights shall be a minimum 6 feet high (except in those locations where Section 8- 60.55 of the Zoning Ordinance requires lower fence heights) and shall be designed to insure clear vision at all street intersections to the satisfaction of the Director of Public Works. [PW] 3. Fencing placed at the top of banks/slopes shall be provided with a minimum one foot level area on both sides, in order to facilitate maintenance by the property owners. [PW, PL] Street Lights Street lights on arterial streets shall be the City Standard cobra head luminaries with galvanized poles. Either standard City cobra head luminaires or decorative lights may be used on residential streets. Decorative lights shall be designed so as to not shine into adjacent windows, shall be easily accessible for purchase over a long period of time (e.g. 30 or more years), and shall be designed so that the efficiency of the lights do not require close spacing to meet illumination requirements. A street lighting plan demonstrating compliance with this condition shall be submitted prior to recordation of the Final Map and shall be subject to the Public Works Director's review and approval. The type of residential street lights used shall be acceptable to the Director of Public Works. [PW] Parking The developer shall provide parking as shown on the Site Plan and Preliminary Landscape Plan dated received April 2, 1996, by the Dublin Planning Department. All parking spaces shall be double-striped with 4-inch wide stripes set approximately 2 feet apart as shown on the "Typical Parking Striping Detail" (Attachment 5). Handicapped, visitor, employee and compact parking spaces shall be appropriately identified on the pavement. [PL] Police Except as may be specifically provided for within the General Provisions for PA 95-019, development shall comply with the City of Dublin Site Development Review Standard Conditions, and with the City of Dublin Residential Security requirements (Attachments 3 and 6). [PO, PL, B] Landscaping The Applicant shall, prior to issuance of building permits or according to the requirements of the Phased Occupancy Plan, whichever is first, submit a Final Landscaping and Irrigation Plan stamped and approved by the Director of Public Works and the Community Development Director and Dougherty Regional Fire Authority while this project is adjacent to wildfire areas. That plan should generally conform to the Site Plan and Preliminary Landscape Plan (Exhibit A) prepared by The Frisbee Planning Company, dated received April 2, 1996. It must reflect the revised project design shown on the Tentative Map dated received April 2, 1996. Plans shall indicate the general plant palette proposed including the number of plants, a description of the type of plants, their rate of growth, size in 3-5 years, mature size, container size at time of planting, both common and botanical names, and indicate planting and staking details (all trees shall be double staked). The Final Landscape and Irrigation Plan shall also include, but not be limited to, the following items: [PL] a. Street tree varieties of a minimum 15 gallon size shall be planted along all street frontages as shown on the Landscaping Plan. Exact tree locations and varieties shall be reviewed and approved by the Community Development Director. Trees planted within, or adjacent to, 15 sidewalks or curbs shall be submitted to the Planning Department for review and approval by the Community Development Director and the Public Works Director. [PL, PW] b. Landscaping at street 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. [PW, PL] c. Shrub, vine, espalier, perennial and groundcover varieties shall be reviewed and approved by the Community Development Director. [PL] d. Use fire-resistant or drought tolerant plant varieties in the plant palette. [PL, F] Transformers, irrigation control boxes, backflow devices, valves, and the like shall be enclosed in vaults, fencing and/or painted out and landscaped, as determined acceptable to the Community Development Director. Location of these items shall be indicated on the Final Landscape Plans. [PL] The Applicant/Developer shall sign and submit a copy of the City of Dublin Standard Plan, Material, Irrigation System and Maintenance Agreement (Attachment 4) prior to the occupancy of any units. [PL] The Applicant/Developer shall ensure that the Final Landscaping and Irrigation Plan conforms to the City's Water Efficient Landscape Ordinance. [PL] Standards Prior to final approval allowing occupancy of any new home the physical condition of the subdivision and the lot where the home is located shall meet minimum health, design and safety standards including, but not limited to the following: The streets providing access to the home shall be complete to allow for safe traffic movements to and from the home. [PL] bo All traffic striping and control signing on streets providing access to the home shall be in place. [PW] c. All street name signs on streets providing access to the homes shall be in place. [PL] All street lights on streets providing access to the homes shall be energized and functioning. [PW] eo All repairs to the street curb, gutter and sidewalk which may create a hazard shall be required or any non-hazardous repairs shall be complete and bonded for. [PW] f. The homes shall have a back-lighted illuminated house number. [PL] go The lot shall be finish graded and final grading inspection shall have been approved by the Building Department. [B] h° All sewer clean-outs, water meter boxes and other utility boxes shall be set to grade to the approval of the Director of Public Works. [PW] The homes shall have received all necessary inspections and have final approval by the Building Department to allow occupancy. [BI All fire hydrants in streets providing access to the homes shall be operable to City and DRFA standards.[DRFA] 16 ko All streets providing access to the homes shall be improved to an adequate width and manner to allow for fire engine circulation to the approval of the Director of Public Works and DRFA. [PW, DRFA]] All front yards of single family dwellings shall be landscaped. All common areas of the Townhouse portion of the project shall be landscaped by phase. [PL] m. All mail-box units shall be at the back of the curb. [PL] No three car single garages shall be located on a comer lot (three car duplex garages are permissible.) [PL] Oo Exterior lighting shall be provided for stairwells, and dwelling entrances, and shall be of a design and placement so as not to cause glare onto adjoining properties. [PL] po Lighting used after daylight hours shall be adequate to provide for security needs. (Photometrics and lighting plans for the site shall be submitted to the Planning Department and Dublin Police Services for review and approval prior to the issuance of building permits). [PL, PO, B] Glare/Reflective Finishes The use of reflective finishes on building exteriors is prohibited. In order to control the effects of glare within this subdivision, reflective glass shall not be used on all east facing windows. [PL] General The refuse collection areas within the project shall be reviewed by the garbage service provider to ensure that adequate space is provided to accommodate collection and sorting of petrucible solid waste as well as source-separated recyclable materials generated by the residents of the project. (279)[PL] The Developer shall comply with applicable Dougherty Regional Fire Authority, Public Works Department, Dublin Police Service, Alameda County Flood Control District Zone 7 and Dublin San Ramon Services District requirements. IF, PW, PO, Z7, DSR, PL] To apply for building permits, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non-City agencies prior to the issuance of building permits. [B] Approval of the Site Development Review shall be valid for one year, until April 16, 1997. If construction has not commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months (Applicant must submit a written request for the extension prior to the expiration date of the Site Development Review) by the Community Development Director upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. [PL] 3.7 o The SDR will be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. [PL] PASSED, APPROVED AND ADOPTED this 16th day of April, 1996. AYES: NOES: ABSENT: Commissioners Jennings, Lockhart, Geist and Johnson None Commissioner Zika ~lannin~ Commissi6n ~/fiai~p-e~son ' ~/ ATTEST: d re cto G:\PA95-048\pcretmsd 3_8