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HomeMy WebLinkAbout8.1, Attch 1 Reso Approving SDRRESOLUTION NO. 2011 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW FOR 166 SINGLE FAMILY RESIDENTIAL UNITS FOR THE WINDWOOD AND MARIPOSA NEIGHBORHOODS ON APPROXIMATELY 31 ACRES (PORTIONS OF TRACTS 8024, 8073, AND 8074) WITHIN NEIGHBORHOOD 1 OF JORDAN RANCH IN FALCON VILLAGE AND CONDITIONAL USE PERMIT TO AMEND THE STAGE 2 DEVELOPENT PLAN REGARDING APPROVED ROOF MATERIALS PLPA-2011-00037 WHEREAS, the Applicant, Brookfield Homes Northern California, has requested approval of a Site Development Review to develop 166 detached single family residential units within two neighborhoods known as Windwood and Mariposa on a combined total of approximately 31 acres of the area known as Neighborhood 1 of Jordan Ranch; and WHEREAS, Jordan Ranch is located within the planning area approved as Fallon Village which is included as part of the Eastern Dublin Specific Plan; and WHEREAS, on December 13, 2005, the City Council adopted Ordinance No. 32-05 approving Planned Development (PD) Rezoning -Stage 1 Planned Development Plan for the entire 1,134-acre Fallon Village (PA 04-040); and WHEREAS, a Planned Development Rezone with a Stage 2 Development Plan for Neighborhoods 1 through 6 of Jordan Ranch (PA 09-011) was adopted by City Council Ordinance 13-10 and adopted on June 22, 2010, and addressed Architectural Design Standards, including materials; and WHEREAS, on May 11, 2010 the Planning Commission adopted Resolution No. 10-25 approving Vesting Tentative Tract Map 8024; and WHEREAS, the Windwood and Mariposa neighborhoods of Jordan Ranch more specifically are located: (a) east of Fallon Road, Fallon Sports Park, and Positano Parkway; (b) north of Jordan Ranch Drive; (c) south of the Positano planned community; and (d) west of the open space corridor and neighborhood park site; and WHEREAS, for the Windwood neighborhood (81 units), the application includes portions of: (1) Tract 8024 (Lots 5 through 40), and (2) Tract 8073 (Lots 1 through 8 and Lots 29 through 65); and WHEREAS, for the Mariposa neighborhood (85 units), the application includes portions of: (1) Tract 8024 (Lots 1 through 4 and Lots 41 through 59), and (2) Tract 8074 (Lots 1 through 51 and Lots 68 through 78); and ATTACHMENT 1 WHEREAS, on June 22, 2010, the City Council adopted Ordinance 14-10 approving a Development Agreement between the City of Dublin and BJP ROF Jordan Ranch LLC (Mission Valley Properties) for the Jordan Ranch project (PA 09-011); and WHEREAS, the Applicant has submitted a complete application, including project plans and exterior elevations, dated received on November 28, 2011, for a Site Development Review and Conditional Use Permit for the 166 units within the Windwood and Mariposa neighborhoods of Jordan Ranch; and WHEREAS, the Project is in the General Plan Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, for which the City Council certified a Program Environmental Impact Report by Resolution 51-93 ("Eastern Dublin EIR" or "EDEIR", SCH 91103064) on May 10, 1993 (incorporated herein by reference). The Eastern Dublin EIR identified significant impacts from development of the Eastern Dublin area, some of which could not be mitigated to less than significant. Upon approval of the Eastern Dublin General Plan Amendment and Specific Plan, the City Council adopted mitigations, a mitigation monitoring program and a Statement of Overriding Considerations (Resolution 53-93, incorporated herein by reference); and WHEREAS, the City prepared a Supplemental EIR in 2002 for the 1,120-acre East Dublin Property Owners (EDPO) project in Eastern Dublin, including the Jordan Ranch property ("2002 SEIR", SCH # 2001052114). The 2002 SEIR assessed the impacts of annexing these properties to the City of Dublin and the Dublin San Ramon Services District, detaching the properties from the Livermore Area Parks and Recreation District, prezoning the properties to the PD-Planned Development district and adopting a related Stage 1 Development Plan for future development of residential, retail, office, open space and other uses. The SEIR was certified on April 2, 2002 by City Council Resolution No. 40-02; and WHEREAS, in 2005 the City prepared a second Supplemental EIR to analyze the Fallon Village project, consisting of a General Plan and Eastern Dublin Specific Plan amendment, and a PD-rezoning and revised Stage 1 Development Plan for the same properties as the EDPO project, including the Jordan Ranch site. The second SEIR ("2005 SEIR", SCH #2005062010) was certified on December 5, 2005 by City Council Resolution No. 222-05. The 2005 SEIR analyzed the revised Stage 1 Development Plan, including a maximum of 1,064 units on the Jordan Ranch site, at a programmatic level anticipating that the analysis would be used for approval of future development projects unless project or other changes were to require additional environmental review under CEQA section 21166 and related CEQA Guidelines sections 15162 and 15163; and WHEREAS, on June 1, 2010, the City Council adopted Resolution 80-10 approving an Addendum to the 2002 SEIR and 2005 SEIR prepared pursuant to California Environmental Quality Act (CEQA) relating to the PD-Planned Development Stage 2 Development Plan which included a reduction in the number of units approved previously for Jordan Ranch from 1,064 units to 780 units. The Addendum and Resolution found that the Project impacts had been adequately addressed in previously certified EIRs and that no further environmental review would be required; and WHEREAS, this Site Development Review (SDR) encompassing the Windwood and Mariposa neighborhoods within Phase 1 of Jordan Ranch, is in compliance with the previous environmental documents referenced above, and Page 2 of 24 WHEREAS, the application and all of the above resolutions, ordinances, the Addendum, Initial Study, Eastern Dublin EIR, 2002 SEIR, and 2005 SEIR are incorporated by reference and are available on file for public review during normal business hours at the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin, CA. WHEREAS, in accordance with Chapter 8.32.080 of the Zoning Ordinance, the Planning Commission may approve a Conditional Use Permit as a means for minor amendments upon a finding that the amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning Ordinance for the site; and WHEREAS, on December 13, 2011, the Planning Commission did hold a public hearing on said applications 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 for the 166 detached single family residential units for two neighborhoods known as Windwood and Mariposa within Neighborhood 1 of Jordan Ranch, and the Conditional Use Permit amending the Planned Development Stage 2 Development Plan adopting concrete the roof materials in place of composition previously approved on page 18 of 50 of Ordinance 13-10, (page 2-14 of the adopted Architectural Standards); 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 Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review: Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, with the General Plan and any applicable Specific Plans and design guidelines because: 1) The project will not undermine the architectural character and scale of development in which the proposed project is to be located; 2) the project will provide a unique, varied, and distinct housing opportunity; 3) the project is consistent with the General Plan and Eastern Dublin Specific Plan Land Use designation of Low Density Residential; and 4) the project complies with the development standards established in the Planned Development Zoning 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) the project complies with the development regulations set forth in the Zoning Ordinance where applicable. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the project augments the architectural style offerings in the vicinity; 2) the size and mass of the proposed houses Page 3 of 24 are consistent with the lot sizes and other residential developments in the surrounding area; 3) the project will supply unique and varied floor plan options and enhanced elevations on the corner lots; and 4) the project will provide more design offerings contributing to a more "custom" look of the Jordan Ranch/Fallon Village area. D. The subject site is suitable for the type and intensity of the approved development because: 1) the lots have already been subdivided to conform with the General Plan, Eastern Dublin Specific Plan and the Planned Development Zoning Stage 1 and 2 Development Plan for this area; and 2) the proposed homes to be developed on the property meet all of the development standards established to regulate development in Jordan Ranch. E. Impacts to 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, scale and quality of the design, site lay out, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the proposed houses will utilize 4 of the approved architectural style standards established in the Fallon Village Planned Development Plan; 2) the materials referenced in the Architectural Standards 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 conform to the requirements of the Stage 2 Development Plan and the Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclists, pedestrians, 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 will conform to the major improvements already installed allowing residents the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding requested Conditional Use Permit: Page 4 of 24 Conditional Use Permit: A. The proposed use and related structures is compatible with other land uses, transportation and service facilities in the vicinity in that: 1) permission to replace composition roof materials with concrete the is compatible with the surrounding uses because it will visually enhance the architecture; 2) add diversity among the dwellings; 3) provide material similar to other residential products in the area; and 4) generally improve the residential quality of subdivision. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that it generally conforms to the standards established for Jordan Ranch. C. The alternative roof materials as requested will not be injurious to property or improvements in the neighborhood. D. The alternative roof materials would not have any effect on adequate provisions for public access, water, sanitation and public utilities and services and would not be detrimental to the public health, safety and welfare in that the products are commonly used and quality rated. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed because the site and structures area physically suitable for alternative roof materials which would have no effect on the type, density, or intensity of use. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located because while modifying the adopted Architectural Design Standards, the change in roof materials will not be contrary to the specific intent clauses, development regulations, or performance standards established for Planned Development Zoning Districts PA 04- 040 and PA 09-011. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans because the requested alternative in roof materials will be consistent with, and would not have any effect on, the low density residential land use designations of the General Plan and Eastern Dublin Specific Plan. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the Site Development Review and Conditional Use Permit for the proposed project known as the Windwood and Mariposa neighborhoods of Jordan Ranch (166 units) as shown on plans prepared by the Dahlin Group, Woodley Architectural Group, Inc., Gates and Associates, and Ruggeri-Jensen-Azar dated received November 28, 2011 subject to the conditions included below. Page 5 of 24 CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subiect to Planning Department review and approval The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval. fPL 1 Planning, ~Bl Building, POl Police, ~PWI Public Works ~PS~CSI Parks & Community Services, fADMI Administration/City Attorney, ~FINI Finance, ~Fl Alameda County Fire Department, fDSRI Dublin San Ramon Services District, COI Alameda County Department of Environmental Health, ~Z71 Zone 7. ' NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: PLANNING DIVISION 1. Approval. This Site Development Review approval is PL Ongoing Standard for the construction of 166 single-family detached residential units on approximately 31 acres within portions of Tracts 8024, 8073 and 8074 within Neighborhood 1 of Jordan Ranch in Fallon Village. This approval shall be as generally depicted and indicated on the plans prepared by Ruggeri-Jensen-Azar dated November 28, 2011 on file in the Community Development Department, and as specified by the followin Conditions of A royal for this ro'ect. 2. Compliance with Prior Approvals. All applicable PL On going Standard Conditions of Approval related to Jordan Ranch shall be applicable and remain in effect, including the Conditions of A royal in Resolution 10-25 for Tentative Ma 8024. 3. Effective Date. Approval of this Site Development PL On going Standard Review PLPA-2001-00037 becomes effective 10 days after action by the Planning Commission, subject to Condition No. 3 as follows. 4. Conditional Use Permit -Site Development Review PL Issuance Standard PLPA-2001-00037 is subject to and conditioned upon of Building a royal of Conditional Use Permit PLPA-2011-00037. Permits 5. Permit Expiration. Construction or use shall PL One year Standard commence within one (1) year of Site Development following Review (SDR) approval, or the SDR shall lapse and approval become null and void. Commencement of construction date or use means the actual construction or 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 ex fires, a new a lication must be made and Page 6 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: processed according to the requirements of the Dublin Zonin Ordinance. 6. Time Extension. The original approving decision- PL One year Standard maker may, upon the Applicant's written request for an following extension of approval prior to expiration, and upon the approval 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. Revocation of permit. The permit shall be revocable PL On going Standard for 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. 8. Required Permits. Applicant/Developer shall comply PL, PW Issuance Standard with the City of Dublin Zoning Ordinance and obtain all of 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. 9. Requirements and Standard Conditions. The Various Issuance Standard Applicant/Developer shall comply with applicable of Building Alameda County Fire, Dublin Public Works Department, Permits Dublin Building Department, Dublin Police Services, 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. 10. 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. 11. Fees. The Developer shall pay all applicable fees in PW Zone 7 and Standard effect at the time of building permit issuance including, Parkland but not limited to, Plannin fees, Buildin fees, Dublin In-Lieu Page 7 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: San Ramon Services District fees, Public Facilities fees, Fees due Dublin Unified School District School Impact fees, prior to Public Works Traffic Impact fees, City of Dublin Fire filing each Services fees, Noise Mitigation fees, Inclusionary Final Map; Housing In-Lieu fees, Alameda County Flood and Water Other fees Conservation District (Zone 7) Drainage and Water required Connection fees, and any other fees either in effect at with the time and/or as noted in the Development Agreement. issuance of Building Permits 12. Indemnification. The Developer shall defend, PL, B On going Standard 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 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. 13. Clean up. The Applicant/Developer shall be PL On going Standard responsible for clean-up and disposal of project related trash and for maintainin a clean, litter-free site. 14. Fire Codes and Ordinances. All project construction B Through shall conform to all fire codes and ordinances in effect completion at the time of buildin ermits. 15. Removal of Obstructions. PW Issuance Applicant/Developer shall remove all trees including of major root systems and other obstructions from building Occupancy sites that are necessary for public improvements or for Permits public safety as directed by the soils engineer and Director of Public Works. 16. Traffic Control. During all phases of construction, two- B, PL Issuance way traffic is to be maintained along the abutting roads. of Building Any proposed detouring or temporary signage and lane Permits delineation along these roadways shall be approved in advance b the Director of Public Works. Page 8 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: 17. Controlling Activities. The Applicant /Developer shall PO, PL On going Standard control all activities on the project site so as not to create a nuisance to the surroundin residences. 18. Noise/Nuisances. No loudspeakers or amplified music PO, PL On going Standard shall be permitted to project or be placed outside of the residential buildin s durin construction. 19. Accessory Structures. The use of any accessory PL, B, Ongoing Standard structures, such as storage sheds or trailer/container F 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. 20. Satellite Dishes. The Developer's Architect shall PL Issuance Project prepare a plan for review and approval by the Director of building Specific of Community Development and the 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 roliferation, ha hazard and irre ular lacement. 21. Final building and site development plans shall be PL Issuance Project reviewed and approved by the Community Development of 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 architectural) screened from view, and that Page 9 of 24 NO. CONDITIONS OF APPROVAL Agency When Required, Prior to: Source electrical transformers are either underground or architecturally screened. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. i. That all other public agencies that require review of the project are supplied with copies of the final building and site plans and that compliance is obtained with at least their minimum Code requirements. 22. Final landscape plans, irrigation system plans, tree PL Issuance Standard preservation techniques, and guarantees, shall be of building reviewed and approved by the Dublin Planning Division permit 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. Page 10 of 24 NO. CONDITIONS OF APPROVAL Agency When Required, Prior to: Source e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the master vesting tentative map and conditions detailed in the Site Development Review packet. g. That all cut and fill slopes graded and not constructed by September 1, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree, if applicable. i. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. j. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. 23. Occupancy Permit Requirements. Prior to issuance PW Issuance of an Occupancy Permit, the physical condition of the of project site shall meet minimum health and safety Occupancy standards and City requirements including, but not Permit limited to the following: a. The streets and walkways providing access to each building shall be complete, as determined by the City Engineer/Public Works Director, to allow for safe, unobstructed pedestrian and vehicle access to and from the site. b. All traffic control devices on streets providing access to the site shall be in place and fully functional. c. All street name signs and address numbers for streets providing access to the buildings shall be in place and visible. d. Lighting for the streets and site shall be adequate for safety and security. All streetlights on streets providing access to the buildings shall be energized and functioning. Exterior lighting shall be provided for buildin entrances/exits and edestrian Page 11 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: walkways. Security lighting shall be provided as required by Dublin Police. e. All construction equipment, materials, or on-going work shall be separated from the public by use of fencing, barricades, caution ribbon, or other means approved by the City Engineer/Public Works Director. f. All fire hydrants shall be operable and easily accessible to City and ACFD personnel. g. All site features designed to serve the disabled (i.e. H/C parking stalls, accessible walkways, signage) shall be installed and fully functional. h. As-Built or Record Drawings printed on mylar of all site improvements shall be submitted to the Public Works Department. i. A Declaration or Report from the Geotechnical Engineer of Record confirming that all grading work associated with the project had been performed in accordance with the Engineer's recommendations. 24. Access During Phasing. Any phasing shall provide for B Issuance adequate vehicular access to all building(s) in each of Building phase, and shall substantially conform to the intent and Permits 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 activit . 25. Repair of Damages. Applicant/Developer shall repair all PL, PW Issuance damaged existing street, curb, gutter, sidewalk, or other of public facilities that result from construction activities to Occupancy the satisfaction of the Director of Public Works. permit 26. Water Efficient Landscaping Regulations. The PL On going Standard Applicant shall meet all requirements of the City of Dublin's Water-Efficient Landscaping Regulations, Section 8.88 of the Dublin Munici al Code. 27. Sustainable Landscape Practices. The landscape PL On going Standard design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning a minimum of 60 points or more on the Bay-Friendly scorecard and specifying that 75% of the non-turf planting only requires occasional, little or no shearing or summer water once established. Page 12 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: 28. Plotting: The approved Site Development Review PL Issuance Project would allow any of the three approved floor plans to be of building Specific constructed on any of the lots within Neighborhood 1 of permits Jordan Ranch, subject to limitations as follows: ^ Any single floor plan may not exceed 40% of the subdivision. ^ Individual floor plans may be placed next to each other. However, only two of the same individual floor plans may be plotted next to each other without being interrupted by a different floor plan. ^ If two of the same individual floor plans are plotted next to each other, the same individual floor plan may not be plotted across the street from the two. ^ In no case will the same architectural elevation or color scheme be allowed next to or across the street from each other, unless they are a different individual floor Ian. 29. Public Art Project. If the project is required to comply P&CS Issuance Project with Sections 8.58.05A and 8.58.05D of Chapter 8.58 of building Specific (Public Art Program) of the Dublin Municipal Code then permits Zoning the Applicant/Developer has elected to pay an in-lieu Ord Chp fee in accordance with Chapter 8.58 of the Dublin 8.58 Municipal Code and shall comply with the Public Art Compliance Report submitted by Applicant/Developer, dated December 6, 2011 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 project. The Building Official has determined that the total building valuation of the project (exclusive of land) is $69,432,504. Therefore, Applicant/Developer will pay a public art fee valued at a minimum amount of $347,162.53. 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, 2012, the re uirement of this condition shall be extin uished. 30. Final inspection or occupancy permits will not be PL Construc- granted until all construction and landscaping is tion and complete in accordance with approved plans and the landscap- conditions required by the City. ing is com lete PUB LIC>WORKS 31. General Public Works Conditions of Approval. PW On going Developer shall comply with the City of Dublin General Public Works Conditions of Approval for Tracts 8024, 8073, and 8074 contained below unless s ecificall Page 13 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: modified b these Conditions of A royal. 32. Clarification. In the event that there needs to be PW, PL On going Standard clarification to these Conditions of Approval, the City Engineer or Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer or Community Development Director also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from im acts of this ro~ect. 33. Developer shall obtain an Encroachment Permit from PW Construc- Standard the Public Works Department for all construction activity tion 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. 34. Developer shall obtain aGrading / Sitework Permit PW Construct- Standard from the Public Works Department for all private ion 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 subject to special inspections durin construction. 35. Plot plans shall be submitted for review and approval PW Building Standard by the Public Works Department and the Community Permits Development Department prior to approval of building ermits. 36. Roof drainage shall be connected to a closed conduit, PW Tract Standard discharging to a curb drain or connected to the storm impmt drain system. Concentrated flows will not be allowed to agreement drain across ublic sidewalks 37. SWPPP. The Developer is responsible for ensuring PW During Standard that all contractors implement all storm water pollution construc- revention measures in the SWPPP. tion 38. Utility Siting Plan. The Applicant/Developer shall PW, PL Issuance Standard provide a final Utility Siting Plan showing that of 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. Applicant/Developer shall place all utility infrastructures underground including electric, telecommunications, cable TV, and gas in accordance with standards enforced b the a ro riate Page 14 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: utility agency. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the Cit En ineer/Public Works Director rior to installation. 39. Development Agreement. In accordance with the PW Final Map requirements of the Eastern Dublin Specific Plan a Development Agreement between the City of Dublin and the Develo er shall be re uired and recorded. 40. Ownership and Maintenance of Improvements. PW Final Map Ownership, dedications on final map, and maintenance and of street right-of-ways, common area parcels, and open ongoing space areas shall be by the City of Dublin, the Homeowner's Association, and a Geologic Hazard Abatement District. 41. Landscape Features within Public Right of Way. PW Final Map The Developer shall enter into an "Agreement for Long Term Encroachments" with the City to allow the HOA to maintain the landscape and decorative features within public Right of Way including frontage & median landscaping, decorative pavements and special features (i.e., walls, portals, benches, etc.) as generally shown on Site Development Review exhibits. The Agreement shall identify the ownership of the special features and maintenance responsibilities. The Homeowner's Association will be responsible for maintaining the surface of all decorative pavements including restoration required as the result of utility re airs. 42. Covenants, Conditions and Restrictions (CC8~Rs). A PW Final Map Homeowners Association shall be formed by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of the landscape features within the public right of way contained in the Agreement for Long Term Encroachments and interior streets. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of the landscaping & irrigation, decorative pavements, median islands, fences, walls, drainage, lighting, signs and other related improvements. The CC&Rs shall also contain all other items required by these conditions. The Developer shall submit a copy of the CC&R document to the City for review and approval. 43. Public Street. Developer shall construct street PW Final Map im rovements and offer for dedication to the Cit of Page 15 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: Dublin the rights of way for arterials and interior streets as shown on the Tentative Map, to the satisfaction of the Cit En ineer. 44. Acoustic Study. The acoustical recommendations PW Final Map referenced in the Acoustic Report shall be incorporated into this project. 45. Geographic Information System. Once the City PW Issuance Engineer/Public Works Director approves the of development project, a digital vectorized file on floppy or Occupancy CD of the Improvement Plans shall be submitted to the Permit City and DSRSD. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with the precision of 0.00. All objects and entities in layers shall be colored by layer and named in English, although abbreviations are acceptable. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. Said submittal shall be acceptable to the Cit 's GIS Coordinator. 6. .~:.....; .. ,. ~ . Building Codes and Ordinances. All project ,:. ,. ~r ..~ B hrough =p ~; ti.~..~ Standard construction shall conform to all building codes and Completion ordinances in effect at the time of buildin ermit. 47. Retaining Walls. All retaining walls over 30 inches in B Through Standard height and in a walkway area shall be provided with completion guardrails. All retaining walls located on private property, over 24 inches, with a surcharge, or 36 inches without a surcharge, shall obtain permits and ins ections from the Buildin Division. 48. 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 ur ose of the subdivision a royal. No individual Page 16 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: 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. 49. Building Permits. To apply for building permits, B Issuance Standard Applicant/Developer shall submit seven (7) sets of of building construction plans to the Building Division for plan permit 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. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of buildin ermits. 50. Construction Drawings. Construction plans shall be B Issuance Standard fully dimensioned (including building elevations) of 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 plan and details shall be consistent with each other. 51. 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 than 36 inches. Air conditioning units shall be located in accordance with the PD text. 52. Temporary Fencing. Temporary Construction fencing B Through Standard shall be installed along the perimeter of all work under completion construction. 53. Addressing. B Issuance Standard a Provide a site Ian with the Cit of Dublin's address of building Page 17 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: grid overlaid on the plans (1 to 30 scale). Highlight permit and all exterior door openings on plans (front, rear, through garage, 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. 54. Engineer Observation. The Engineer of record shall B Scheduling Standard be 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, inspection roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector rior to schedulin the final frame ins ection. 55. 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 royal. 56. Green Building. Green Building measures as B Through Standard detailed may be adjusted prior to master plan check completion application submittal with prior approval from the City's Green Building Official. 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 lans. Prior to first ennit Page 18 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: 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) 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 ermit in each subdivision / nei hborhood. 57. Electronic File. The Applicant/Developer shall submit B Issuance Standard all building drawings and specifications for this project in of building an electronic format to the satisfaction of the Building permit Official prior to the issuance of building .permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occu anc . 58. Universal Design. The dwellings shall conform to the B Prior to the universal design standards in the Dublin Municipal Code final Chapter 7.90. The applicant shall provide the following inspection information or reports: of each a) Provide options with master plans detailing dwelling design methods for proper compliance with Universal Design. The information shall be included in the master plans used for permitting. (Prior to issuance of 1st permit) b) Provide check list(s) for each model type, indicating mandatory options and voluntary options and cut off dates for selection for review and approval of the City. (Prior to issuance of 1st permit) c) Provide form(s) detailing the selected items to the Cit . 59. Construction Trailer. Due to size and nature of the B Issuance Standard development, the Applicant/Developer, shall provide a of Building construction trailer with all hook ups for use by City Permits Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the a licant/develo er shall rovide a site with a ro riate Page 19 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: hook ups in close proximity to the project site to accommodate this trailer. The applicant/developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the applicant/developer's expense. 60. Copies of Approved Plans: Applicant shall provide B 30 days Standard City with 4 reduced (1/2 size) copies of the approved after permit plan. and each revision issuance 61. Applicant must comply with Dublin Municipal Code PO, B, During Section 7.32.220, Residential Security Ordinance, which PW construc- covers lighting, landscaping, locks, gates and doors. tion 62. Developers must ensure that police radios function in the PO, PL On going area prior to starting the project. An appointment may be made with Dublin Police Services Crime Prevention Unit, 925 833-6677. 63. Applicant must indicate the location of available light On going sources for arks and foot aths 64. Applicant must indicate how they will address the On going residences. Where will address numbers be positioned on each residential design? Dublin Police Services has the following conditions of approval regarding addressing: a) Address numbers shall be displayed on all buildings, on the facade closest to the street. Addressing may be placed on another facade facing the street (e.g., the garage) if it is not setback more than 25 feet away from the street. It does not appear that addressing on the garage will be acceptable on Plan 3 (refer to page A3.1). b) Residences that share a common driveway shall ' incorporate [monument] signs with the address range. [Monument] signs shall be made visible during hours of darkness by a light source c) Address numbers shall be unobstructed by architectural/design features (trims or accents) or landscaping. d) Address numbers shall be in a color that contrasts with the background color and shall be made visible at night by a light source. e Must abide b Securi Ordinance's addressin Page 20 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: requirements (lighting, diagrammatic maps). 65. Postal Service "gang boxes" (group postal boxes) shall On going be illuminated with a uniformly maintained minimum level of one foot candle of li ht. 66. During the Construction phase of this project, the During developer shall ensure that construction crews will not Construc- block ingress/egress to the detriment of existing tion neighbors as well as a potential threat to emergency vehicle access. 67. During the construction phase, the site shall be fenced, During and locked at all times when workers are not present. Construc- tion 68. A temporary address sign, of at least 36 inches by 36 During inches with a white background and stenciled black Construc- numbers and letters that can be seen during night time tion hours with existing street lighting or additional lighting is to be posted on all approaches to the site. Addressing is required to aid the response of emergency services. 69. The developer/contractors will file a Dublin Police During Emergency Contact Business Card prior to any phase Construc- of construction. The emergency card will provide 24 tion hour phone contact numbers of persons responsible for the construction site. 70. Good security practices shall be followed with respect to During storage of building materials and storage of tools at the Construc- construction site. tion 71. Lighting levels during darkness shall be sufficient to During prevent or reduce theft or burglary. Construc- tion 72. Security During Construction. PO, B, During Standard a. Fencing -The perimeter of the construction site PW construc- shall be fenced and locked at all times when workers tion 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 perimeter street adjacent to construction activities. Page 21 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: 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. 73. Graffiti. The Applicant/Developershatl keep the site PO, PL On going Standard clear of graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. FIRE INSPECTION 74. The homes that are adjacent to open space or On going undeveloped land shall comply with the Wildfire Management Plan as specifies in the conditions of approval: a) The homes shall be provided with an automatic sprinkler system. b) The roof covering shall be class A. c) The underside of the eaves shall be one hour rated. d) The exterior wall shall be one hour rated on the side facing the open space. e) The exterior doors shall be non-combustible or solid core 1 3/ inch thick. f) Attic vents or other vent openings shall not exceed 144 sq. in. and covered with non- combustible corrosion resistant mesh with openings not to exceed '/4 inch. g) Fences constructed of combustible materials shall be separated from the perimeter of buildings containing habitable by connecting to buildings with a masonry pilaster as shown in the Wildfire Management Plan. Pilaster are not required if a noncombustible fence is provided on the side(s) facing the open space and additional 10 feet towards the home. h Com I with the ve etation re uirements. 75. The landscape plans for the REAR YARDS adjacent to On going open space or undeveloped land shall comply with the standards for vegetation establishment and maintenance as required in the Wildfire Management Plan: Page 22 of 24 NO. CONDITIONS OF APPROVAL Agency When Source Required, Prior to: a) Plants within 3 feet of the homes shall be irrigated flowers only. The area within 3 feet shall have non-combustible materials only (no combustible mulch). b) Plants 3 to 15 feet from the home shall only be those listed for use in Areas A and B in the plant species table. c) Trees shall be a minimum of 4 feet from the homes. Trees between 4 ft and 30 feet of the homes shall have a minimum of 10 feet between crowns. The trees shall be limited to those types listed for use in Areas B through D in the plant species table. d) Plants 15 to 30 feet from the home shall only be those listed for use in Areas A through C in the plant species table. e) The distances increase for areas with slopes over 30%. See the Wildfire Mana ement Plan. 76. The landscape shall be maintained year round to On going comply with the Wildfire Management Plan. Trees between 4 and 15 feet from the homes shall have their limbs pruned 10 feet from grade or 1/3 of the total live crown height. Trees between 15 and 30 feet from the homes shall have their limbs pruned 6 to 10 feet from grade. The distances increase for areas with slopes over 30%. See the Wildfire Mana ement Plan. 77. Grasses in the undeveloped land shall be kept mowed On going to a height of 4 inches in the Fire buffer zone. The fire buffer zone is defined as follows: a) 15 feet beyond the maintenance road. b) 45 feet beyond the fence lines where there is no maintenance road. c) 15 feet beyond the public roads. The buffer zone shall be defined by anon-combustible fence. 78. Provide escape or rescue window for every sleeping On going room below the fourth story in accordance with the UBC section 310.4. 79. The project shall comply with Building and Fire Codes as On going ado ted b the Ci of Dublin. 80. Signage. This project shall be subject to Chapter On going 8.84.050D of the Dublin Zoning Ordinance "Community Identification Signs" unless additional signage is required. The Applicant may apply for "Master Sign Program/Site Development Review" in accordance with Cha ter 8.84.130 of the Dublin Zonin Ordinance. Page 23 of 24 PASSED, APPROVED AND ADOPTED this 13th day of December 2011. AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: Planning Manager G:IPA#120111PLPA-2011-00037 Broo~eld Jordan Ranch Winwood.Mariposa SDR1PCReso SDR CUP Broo~eld Jordan Ranch 12.13.11.doc Page 24 of 24