HomeMy WebLinkAbout03-004 MeilsoeFmily 04-08-2003AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: Apri18, 2003
SUBJECT: PA 03-004 Meilsoe Single-Family Residence -Site Development Review
(Report Prepared by: Janet Harbin, Senior Planner) `~
ATTACHMENTS: ~~ 1. Site Development Review Resolution (with Project Plans as Exhibit
,. ~ ~ A)
L4s~r~~hi. f"Jz
~ 3 ~ 2. Approved Heritage Tree Protection Plan prepared by HortScience,
Inc.
4 9 3. Heritage Tree Ordinance
5~5 4. Previously Approved Plans for residence on Lot 6
RECOMMENDATION: 1. Open hearing;
2. Receive Staff presentation and public testimony;
3. Question Staff, Applicant and the public;
4. Close hearing; and,
5. Adopt Resolution (Attachment 1) approving the Site Development
Review, subject to conditions.
PROJECT DESCRIPTION:
The project consists of a request for Site Development Review for a new single-family home on an
existing lot (Lot 6) at 11197 Brittany Lane. The lot was created by Tract Map 5073 in conjunction with
the approval of the Hatfield Development subdivision in August 1985. A previous Site Development
Review (Bryce Davies) was approved on January 15, 1999 for asingle-family residence on the lot;
however, the residence was not constructed. The Meilsoe single-family residence under consideration at
this time is proposed to be approximately 3,550 square feet in size with two garages, one at street level
and the second below street level, totaling 1,075 square feet in size.
BACKGROUND:
Hatf eld Development Approval:
On August 12, 1985, the City Council approved PA 85-035.3 (Resolution 82-85), Hatfield Development
Corporation Investec, Inc. Tract Maps 5072, 5073 and 5074. Lots 1 and 7-12 of Block 1 of Tract Map
5073 were not developed when the other residences in the tract were built in 1985. Lot 6 of the tract is the
subject property proposed for development at this time.
City Council Resolution 82-85 set forth the conditions of approval for the three tract maps. Conditions 4
and 12 of that resolution require that a Site Development Review be processed for the development of the
lots within the tract. Although the Site Development Review for Lot 6 may be performed at Staff level,
the Community Development Director has referred this review to the Planning Commission for approval.
A Public Hearing is not required for Site Development Review; however, because there has been
COPIES TO:
G:1PA#12003103-004\PC-sr SDR Report.DOC
ITEM NO.
PA File
Applicant
Mailing list
significant interest in the custom lot development on Brittany Lane by the community, notices of the
hearing were sent to all property owners on Brittany Lane and other interested parties.
The proposed project is located on an existing legal lot of record which was created in conformity with the
following regulations in effect at the time: (1) the Single Family Residential General Plan Designation; (2)
the R-1 Zoning District; (3) the Hatfield Planned Development (Ordinance 80-85); (4) the Subdivision
Title (Title 9) of Dublin Municipal Code; (5) the Wildfire Management Plan; and, (5) the Subdivision
Map Act of the State of California.
Previous Site Development Review Approval or Lot 6:
On December 12, 2000, the Planning Commission approved the Brittany LaneBlack Mountain
Development (PA 00-009) Site Development Review (SDR), approving the design and location for single
family homes on 7 lots (Lot Numbers: 1, and 7-12). Lot 6 was not included in the Brittany Lane/Black
Mountain project as the Site Development Review for this particular lot had recently been approved for
development of the Bryce Davies residence (PA 98-058), as discussed above.
The Bryce Davies' residence proposed for Lot 6 was approved by Staff on January 15, 1999 in accordance
with the provisions and conditions of approval for the Hatfield Planned Development (Ordinance 80-85).
The approved residence was 4,203 square feet and had a 793 square foot garage (see Attachment 4 for
copies of the previously approved site plan floor plans and elevations). The home had the following
setbacks from property lines: front 20-feet; side 28-feet; side 5-feet; and rear 122-feet.
ANALYSIS:
Conformity of Project with City Council Resolution 82 - 85:
The City Council Resolution 82-85, a Site Development Review approval, sets forth conditions of
approval for the Hatfield Development Corporation subdivision (including Lot 6), establishing the
requirements to be fulfilled prior to the issuance of building permits. In addition, the conditions of
approval established development standards for the custom lots, as well as a procedure to deviate from the
development standards. The conditions that specifically apply to this project are listed below with
statements regarding project conformity:
Condition 3. This condition establishes the development regulations for this development. The
regulations are:
• Front yard setback is 20-feet;
• Side yard setback is 5-feet minimum and 15-feet aggregate;
• Rear yard setback is 20-feet; and,
• Lots are subject to guidelines of the R-1 zoning district in respect to development criteria such as
lot coverage, allowable uses, parking requirements, and definition of terms.
The project, as proposed will have the following setbacks from property lines: front property line, 20 feet,
where 20 feet is the minimum; northwesterly side property line, 15-feet, where 5-feet is the minimum;
southeasterly side property line, 15-feet, where 5-feet is the minimum; and southern rear property line
property line, 122-feet, where 20-feet is the minimum. The project, as proposed, would have a lot
coverage of 13.73%, where 35% is the maximum. The proposed residence complies with all requirements
contained with condition 3 and with the requirements of the R-1 zoning district.
Condition 4. Site grading aggregating in excess of fifty cubic shall not occur until a Site Development
Review (SDR) application is processed according to Section 8.95.0 (now section 8.104) of the Zoning
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Ordinance (Site Development Review). Site grading, or cut and fill, from this project will exceed fifty
cubic yards and, therefore, a Site Development Review is required.
Condition 6. "The height of custom or modified homes shall not exceed twenty-five (25) feet as
measured perpendicularly from natural grade. Skirt heights screening undeveloped, non-living space
for custom or modified homes (measured from natural grade to finished floor elevations) shall not
exceed a maximum of nine 9 feet. Deviation and/or refinement of these standards may be considered
as part of the Site Development Review process covering these lots."
Height Limit. This condition stipulated the height limit and the methodology for measuring
height for the customs lots within the development. The height limit was not to exceed 25 feet
and the methodology for measuring height was, (a parallel line) measured 25-feet
perpendicular from natural grade (see Figure 1 for illustration).
Figure 1.
However, Condition 6 also provided that "deviation and/or refinement of these standards may be
considered as part of the Site Development Review (SDR) process covering these lots." A large
majority of the lots (55 of 64 lots) within the Hatfield Development approval utilized either flat
pad or stepped pad foundations. The other 9 lots (of which one is the subject property) are lots
characterized by no building pads and steep slopes. Atypical two-story residence on a flat or
stepped pad foundation can easily conform to the 25-foot height limit. A residence on a steeply
down-sloping lot can conform to the 25-foot limit by placing the majority of the living space
closest to the street (through the use of a story placed above the garage) and limiting construction
on the steepest portion of the lot. The result of this type of construction is that it increases the
height appearance from the street level and increases the view impacts to homes located across the
street (See Figure 2).
25'
25' P/L
Section showing two-story home conforming to 25' height limit
Figure 2
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The Applicants' architect has designed the residence to site it as low on the lot as possible in order
to maintain existing views from the public right-of--way and from homes across the street from it
on Brittany Lane. The proposed residence is designed to appear from the street as a single-story
home. At the front property line, the home measures approximately 20-feet above existing natural
grade (as measured perpendicular from grade). However, at the rear of the house, the height
measures approximately 34-feet above existing natural grade due to the steepness of the 23% slope
in the rear yard area. Although the residence is in excess of the height limit as described in
Condition 6, the home will have a lower profile from the public right-of--way and will have
significantly less impact to views from adjacent residences located across the street, along the
north side of Brittany Lane (See Figure 3 for illustration). Additionally, the view of the rear of the
proposed residence from down slope areas is very limited given the existing topography and the
existing dense stand of Oak trees located in the back portion of the site.
Staff feels that a deviation from the development standards is appropriate given the minimization
of view impacts from the public right-of--way, the orientation of existing residences located on
Brittany Lane, as well as the limited visibility of the rear of the proposed home from off-site
views. The project is well-designed architecturally to be compatible with other homes on Brittany
Lane and with the recently approved Weiser home on Lot 7; well-sited on the lot to fit the terrain;
and, as conditioned, is consistent with the required findings contained within the Site Development
Review Chapter of the Zoning Ordinance (Section 8.104.070).
Additionally, the previously approved Site Development Review for the Bryce Davies' residence
for Lot 6 permitted the height of that structure to exceed the limit in Condition 6 due to the deeply
sloping rear yard, and with a higher overall height than the proposed residence. Overall height can
be measured two ways: (1) overall height relative to the ground level, this is the methodology
Condition 6 established; and, (2) overall height as measured above mean sea level, this
methodology establishes an exact location on the earth, regardless of the location of the surface
below. In evaluating the project, Staff utilized both methodologies to evaluate the overall height
of the proposed residence. While the previous project was approved with a roof ridge attaining an
elevation of 626-feet above sea level, the proposed residence will have a lower maximum roof
ridge elevation of 616-feet above sea level. A recommended condition of project approval will
require a licensed Land Surveyor to certify that the finished floor of the room labeled "Great
Room" does not exceed 601-feet and the highest point of the roof ridge does not exceed 616-feet
above sea level. This condition will ensure that the proposed residence will be constructed as
shown on the plans.
25'
....... .... '•34'
P/L
25'
Section showing one-story home at street level
Fi ure 3.
Skirt Height. This condition applies a maximum skirt height of 9-feet as measured from natural
grade. A skirt is the area below the lowest living floor, which is utilized for support of a structure,
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and not for living area. Due to the 23% slope in the rear lot area, to provide structural support for
the structure and to maintain a low front profile, the resulting skirt height will be approximately
14-feet in height. This exceeds the maximum skirt height allowed by Condition 6; however, the
condition also allows deviation and/or refinement of the standard as part of the Site Development
Review (SDR) process. Because of the steep slope of the property, Staff recommends this
deviation from the standard be permitted to maintain the integrity of the design of the residence
and the hillside terrain of the lot.
Grading. Condition 6 sets forth a height limit as relative to the existing natural grade, as
established by the approved grading plan for the original project. There was concern raised in the
past regarding the exact location of grade after the site was graded pursuant to the approved
grading plan. The site was graded between 1981 and 1985. ENGEO Incorporated is the
geotechnical engineering company that prepared the geotechnical engineering reports for the
Hatfield-Investec subdivision including the subject property, as well as the other Rolling Hills and
Brittany Lane Lots (all originally part of the Black Mountain Development project). The City
retained Kleinfelder, Inc. to perform peer reviews of the geotechnical engineering reports for the
Black Mountain Development project. That firm determined that the grading of the subject lots
was done properly and meets current standard of engineering practice.
The proposed grading plan for the home minimizes the cut and fill to be performed on the site. As
a result of keeping the house as low as possible on the slope, reducing the mass of the home to a
single-story at the street level, and requiring conditions of approval to ensure the home is
constructed consistent with the design plans, Staff finds the grading plan for the proposed project
consistent with Condition 6.
Condition 7. This condition requires all fencing and retaining walls to be reviewed and approved by the
Community Development Director. The Applicant is proposing a series of 3-foot high walls in the rear
yard to attain a level yard; the walls will continue and align with the retaining walls being proposed by the
adjacent property owner (Lot 7), and approved by the Planning Commission with the Site Development
Review for that lot on March 25, 2003. A recommended condition of project approval will require that
the Applicant coordinate all construction and placement of the retaining walls with the adjacent property
owner to the west. Additionally, the final design, materials, and location of all fencing and retaining walls
will be subject to review and approval by the Community Development Director; therefore, Staff finds the
proposed project is consistent with the Condition 7.
Condition 12. The condition states that Site Development Review is required for the custom lots.
Additionally, the condition required that grading be minimized to the greatest extent possible while
creating reasonably sized, functional exterior living areas (padded yard areas and/or raised deck areas).
Although the Applicant could construct the home as approved for the Bryce Davies' residence, the
Applicant is requesting to construct a different home and, therefore, a subsequent Site Development
Review is being required for this project. Grading will be limited to the underlying area of the residence
and the driveways on the lot. A flat or stepped pad will not be utilized, but rather limited grading will
occur and the foundation will be placed on a framework of piers and grade beams. This will minimize
grading impacts to the lot. Functional padded exterior living areas are proposed in the front and rear yards
and in raised deck areas. Staff finds the proposed project is consistent with the Condition 12.
Condition 16. This Condition requires that project grading performed within 25-feet of the drip line of
existing onsite or offsite trees is to be addressed by a horticultural report, and the recommendations and
findings of that report incorporated into the grading and improvement plans of this project.
A horticultural report dated July 5, 1985, was originally prepared by Douglas Hamilton for the Hatfield
Development Approval. A Heritage Tree Protection Plan (Attachment 2) was later prepared by
HortScience for the subsequent Brittany Lane/Black Mountain project approved in 2000. The Heritage
Tree Protection Plan was then peer-reviewed for the City by Jeffrey Gamboni, a Certified Arborist and
Licensed Landscape Architect. Mr. Gamboni reviewed the Heritage Tree Protection Plan and determined
that it is consistent with accepted practices and that the proposed construction as part of the Brittany
Lane/Black Mountain Site Development Review would not harm tree health. The City Council reviewed
and approved the Heritage Tree Protection Plan as part of the Brittany Lane/Black Mountain project Site
Development Review. Although Lot 6 was not included in the Brittany Lane/Black Mountain project, it is
located on Brittany Lane and adjacent to Lot 7 of the Black Mountain project. Because of this, Staff has
utilized the established standards of that Plan and the Heritage Tree Ordinance (Attachment 3) to evaluate
the protection measures to be provided by this project and ensure consistency in review.
Lot 6 contains two Heritage Oak Trees in the rear yard area of the site, and approximately 120 feet from
the proposed residence. These trees are within the property lines of Lot 6; however, the actual trunks of
the trees are located approximately 6 feet from the rear property line of the lot. As the drip lines of the
Heritage Trees are located more than 25 feet from the limits of grading for the project, no horticultural
report or further analysis of the impact of the grading on the trees is required. However, conditions of
approval pertaining to the maintenance and protection of the Heritage Trees during construction are
recommended and included in the conditions in the Resolution in Attachment 1.
Additionally, a 4-foot dissipation bench is shown on the Drain, Sewer and Utility Plan (Sheet C-1-A of
Exhibit A of Attachment 1, Project Plans) between the trees, but outside of the dripline. A condition is
recommended which will require that this bench be relocated to an area further from the dripline of the
trees to prevent any damage or disturbance from occurring to the tree roots and in accordance with the
Heritage Tree Preservation Plan, and is included in the Resolution in Attachment 1. The exact location
will be determined prior to approval of the final Utility Plan in conjunction with the DSRSD.
A recommended condition of approval will require that all proposed pruning of the trees shall be approved
by the City and completed by a Certified Arborist and Tree Worker in the presence of the City's selected
aborist, and be in conformance with the guidelines of the International Society of Arboriculture, Tree
Pruning Guidelines, current edition, on file in the Community Development Department. In addition,
pruning of the trees must be in conformity with the provisions of the Pruning Specifications of the Tree
Protection Plan for the original development.
A recommended condition of approval will also require that if damage should occur to any tree during
construction, it is to be immediately reported to the Director of Community Development so that proper
treatment may be administered. The Director will refer any issue to the City Arborist to determine the
appropriate method of repair of any damage. The cost of any treatment or repair will be borne by the
Developer/Applicant responsible for the development of the project. Failure to mitigate the damage may
result in the issuance of a stop work order.
A recommended condition of approval will require a statement to be prepared and recorded on the title of
the subject property with the Alameda County Recorders Office which states that Heritage Trees are
located on the subject property, a Tree Protection Plan has been prepared, and any damage to the trees will
result in penalties as required by the City's Heritage Tree Ordinance.
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Additionally, to further protect the trees during sitework and construction, a condition has been included
in the Resolution in Attachment 1 requiring installation of a temporary fence or barrier across the rear yard
approximately 10 feet beyond the limits of grading. The fence or barrier is to be placed in such a manner
that it restricts construction activities, material storage, trash, and debris from going down slope of the
construction area. As an added precaution and to fulfill the intent of the Tree Protection Plan for the
subdivision, the Applicant will be required to install a temporary fence or barrier across the rear yard
beyond the construction fence and at least 10 feet from the dripline of the Heritage Trees to protect them
during construction and to delineate the Tree Protection Zone in the rear yard area. The fence barrier shall
be placed in such a manner to restrict all activities from disturbing the Oaks during site grading and
construction.
As a result of conditions established as part of the Tree Protection Plan and the additional conditions of
approval ensuring, to the greatest extent possible, the long-term protection of the Heritage Trees, Staff
finds the proposed project is consistent with Condition 16 and the Heritage Tree Ordinance.
Condition 19. This condition requires the developer to confer with the local postal authorities to
determine the type of mail receptacles necessary. A condition of approval of this SDR will address this
issue. Staff finds this project consistent with Condition 19.
PROJECT DESIGN:
The proposed residence is well designed and sited to fit the terrain of the lot. Staff met with the Applicant
on several occasions and refined the design of the residence. A meeting was also held with the project
Applicant and the Weiser's from Lot 7 to discuss the relative grading, design and streetscape of the two
projects.
The proposed 3,550 square foot home would complement the architectural quality of the surrounding
neighborhood, including that of the residence proposed for the adjacent Lot 7. The design elements are
shown in colored elevations available at the Planning Commission Meeting and are on file at the
Community Development Department. The residence is sited on the lot to minimize grading and impacts
to views from the north side of Brittany Lane. A hip roof has been incorporated into the design to
minimize these impacts to views from the residences across Brittany Lane. The low profile and height of
the home when viewed from Brittany Lane would create a street presence of a single-story home. The
residence has two garages with one at the street level and the other sloping from the street level view to a
lower elevation.
Landscaping plans reviewed by Staff will have adequate quantities and qualities of trees and shrubs and
will provide an attractive streetscape on Brittany Lane. The project is well designed, well sited and, as
conditioned, is consistent with the required findings contained within the Site Development Review
Chapter of the Zoning Ordinance (Section 8.104.070) and the standards established by PA 82-85.
ENVIRONMENTAL REVIEW:
The environmental impacts of this project were addressed under the Negative Declaration prepared for the
PA 85-035 Hatfield Development Corporation Planned Development Rezoning, Annexation and Site
Development Review of which the subject lots were a part. The Negative Declaration was prepared in
accordance with the California Environmental Quality Act (CEQA}, State CEQA Guidelines and the City
of Dublin Environmental Guidelines, and approved by the City Council on August 12, 1985.
CONCLUSION:
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The project is in conformity with the Dublin General Plan, City Council Resolution 82-85, the Zoning
Ordinance and the Heritage Tree Ordinance. The home is well sited and designed. Impacts to views will
be minimized.
RECOMMENDATION:
Open hearing, receive Staff presentation and public testimony, question Staff, Applicant and the public,
close hearing and adopt Resolution (Attachment 1) approving the Site Development Review, subject to
the conditions listed.
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GENERAL INFORMATION:
APPLICANT/
PROPERTY OWNER:
Jan and Pauline Meilsoe
7424 Brighton Place
Dublin, CA 94546
LOCATION/ ASSESSORS
PARCEL NUMBER:
EXISTING ZONING
GENERAL PLAN
DESIGNATION:
11197 Brittany Lane
941-2775-035
PD (R-1)
Single Family Residential
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RESOLUTION NO. 03 -
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING PA 03-004 MEILSOE SITE DEVELOPMENT REVIEW FOR ASINGLE-FAMILY
RESIDENCE ON AN EXISTING LOT (LOT 6) AT 11197 BRITTANY LANE
WHEREAS, Mr. and Mrs. Meilsoe have requested approval of a Site Development Review for a
single family home on an existing lot at 11197 Brittany Lane; and
WHEREAS, a completed application for Site Development Review is available and on file in the
Dublin Planning Department; and
WHEREAS, The environmental impacts of this project were addressed under the Negative
Declaration prepared for the PA 85-035 Hatfield Development Corporation Planned Development
Prezoning, Annexation and Site Development Review of which the subject lots were a part. The Negative
Declaration was prepared in accordance with the California Environmental Quality Act (CEQA), State
CEQA Guidelines and the City of Dublin Environmental Guidelines, and approved by the Dublin City
Council on August 12, 1985 with the stated project.
WHEREAS, a Site Development Review is required for this project by Conditions 4 and 12 of City
Council Resolution 82-85 approving PA 85-035.3, Hatfield Development Corporation Investec, Inc.; and
WHEREAS, the project is consistent in all respects with Dublin General Plan and Zoning
Ordinance; and
WHEREAS, the project is consistent in all respects with the conditions of approval of City Council
Resolution 82-85; and
WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance; and
WHEREAS, the Planning Commission did hold a public hearing on said application on April 8,
2003; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff report was submitted to the Planning Commission recommending approval of
the Site Development Review subject to conditions prepared by Staff; and
WHEREAS, the Planning Commission did hear and use their independent judgement 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 Site Development
Review:
ATTACHAAENT j
A. The approval of this application (PA 03-004) is consistent with the intent/purpose of
Section 8.104 (Site Development Review) of the Zoning Ordinance.
B. The approval of this application, as conditioned, complies with the policies of the General
Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82-
85.
C. The approval 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 general welfare because all
applicable regulations have been met.
D. Impacts to views have been addressed by the design and siting of the proposed single-
family residence to provide a low profile along the street frontage which does not exceed
the maximum height allowed by the standards in PA 82-85. The residence will, therefore,
not block views of the home across Brittany Lane than would any ordinary home.
E. Impacts to existing slopes and topographic features are addressed in the project through the
use of pier and grade beams, minimal grading, and a balance of cut and fill. Additionally,
the residence has been designed to fit into the terrain and slope of the lot, which is
approximately 23% in the rear yard area.
F. The approval of this application, as conditioned, is in conformance with regional
transportation plans and has full access from an improved public roadway.
G. 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 requirements of the General Plan, the Zoning Ordinance, the Heritage
Tree Ordinance and City Council Resolution 82-85, as the limits of construction are
approximately 120 feet from the dripline of the Heritage Oak trees and would not disturb
the trees. Additionally, fencing will be installed outside the dripline of the trees prior to
construction to further protect the trees from earthwork and construction activities.
H. The proposed physical site development, including the intensity of development, site
layout, grading, vehicular access, circulation and parking, setbacks, height, walls, public
safety and similar elements, as conditioned, have been designed to provide a desirable
environment for the development.
Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and, building materials and colors, screening of
exterior appurtenances, exterior lighting and similar elements have been incorporated into
the project and as conditions of approval in order to insure compatibility of this project
with the existing character of surrounding development and the character of adjacent
buildings, neighborhood and uses.
J. 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.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin Planning Commission
does hereby find that:
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A. The Meilsoe Residence Site Development Review is consistent with the intent of applicable
subdivision regulations and related ordinances.
B. The design and improvements of the Meilsoe Residence Site Development Review are
consistent with the Dublin General Plan policies as they relate to the subject property in that it
is asingle-family residential development consistent with the Single-Family Residential
Designation of the Dublin General Plan.
C. The Meilsoe Residence Site Development Review is consistent with the Heritage Tree
Ordinance, City Council Resolution 82-85 and with the City of Dublin Zoning Ordinance.
D. The home will be placed on a framework of deep-seated piers and grade beams. This will
minimize grading impacts and allow the balancing of cut and fill on the site. Functional
padded exterior living areas are proposed in the front yard, rear yard, and in raised deck areas.
Therefore, the site is physically suitable for the type and intensity of asingle-family residential
unit.
E. The environmental impacts of this project were addressed under the Negative Declaration
prepared for the PA 85-035 Hatfield Development Corporation Planned Development Rezone,
Annexation and Site Development Review of which the subject lots were a part. The Negative
Declaration was prepared in accordance with the California Environmental Quality Act
(CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines, and
previously approved by the City Council with that project on August 12, 1985.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin Planning
Commission hereby conditionally approves the Site Development Review Application for PA 03-004 to
construct a single family residence on Lot 6 of Block 1 Tract 5073 and further identified as Assessors
Parcel Number 941-2775-035, and as generally depicted by materials labeled Exhibit "A", stamped
"approved", and on file in the City of Dublin Planning Department. This approval shall conform to the
Site and Grading Plan submitted by Jan and Pauline Meilsoe, and architectural plans submitted by The
Drawing Room, St. George Utah, dated received April 1, 2003 by the Department of Community
Development, unless modified by the Conditions of Approval contained below.
CONDITIONS OF APPROVAL
Unless otherwise stated 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 with the Conditions of
Approval• [PLC Planning fBl Building f PO] Police [PW] Public Works [ADMI Administration/City
Attorne~[FIN] Finance fPCSI Parks and Community Services [Fl Alameda County Fire Dept., fDSRI
Dublin San Ramon Services District [CO] Alameda County Flood Control and water Conservation
District Zone 7.
(7ENERAL CONDITIONS
Term. Pursuant to Section 8.96.020(D) (as amended) of the Zoning Ordinance, construction shall
commence within one (1) year of Site Development Review (SDR) approval, or the Site
Development Review approval shall lapse and become null and void. Commencement of
construction means the actual construction of the structure pursuant to the Site Development
Review approval, or, demonstrating substantial progress toward commencing such construction.
The original approving decision-maker may, upon the Applicant's written request for an extension
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of approval prior to expiration, and upon the determination that any Conditions of Approval
remain adequate to assure that applicable findings of approval will continue to be met, grant a time
extension of approval for a period not to exceed 6 months. All time extension requests shall be
noticed as required by the particular Permit, if applicable.
Responsible Agency: PL
Required By:
On-going
2. Modifications. Modifications or changes to this Site Development Review approval may be
considered by the Community Development Director, if the modifications or changes proposed
comply with Section 8.104.100 of the Zoning Ordinance.
Responsible Agency: PL
Required By: On-going
3. Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit
issuance, including, but not limited to, Building fees, Dublin San Ramon Services District Fees,
Public Facilities Fees, Dublin Unified School District School Impact fees, City Fire Impact fees;
Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection
fees; and any other fees as applicable.
Responsible Agency: Various
When Required: Various times, but no later than issuance of Building Permits
4. Revocation. The Site Development Review will be revocable for cause in accordance with
Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of
this approval shall be subject to citation.
Responsible Agency: PL
Required By: On-going
5. Required Permits. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance
and obtain all necessary applicable permits required by other agencies (i.e., Alameda 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, etc.) and
shall submit copies of the permits to the Department of Public Works.
Responsible Agency: Various
When Required: Various times, but no later than issuance of Building Permits
6. Building Codes and Ordinances. All project construction shall conform to all building codes and
ordinances in effect at the time of building permit issuance.
Responsible Agency: B
When Required: Through Completion
7. Compliance. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance, City
Council Resolution 82-85, the Heritage Tree Preservation Plan and the Heritage Tree Ordinance
for this project.
Responsible Agency: PL
When Required: Prior to issuance of Building Permits and On-going
8. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid waste
management and recycling requirements.
Responsible Agency: ADM
When Required: On-going
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9. Water Quality Requirements. All development shall meet the water quality requirements of the
City of Dublin's NPDES permit and the Alameda County Urban Runoff Clean Water Program.
Responsible Agency: PW, PL
Required By: Prior to issuance of Grading/Sitework Permit
10. Hold Harmless/Indemnification. Applicant/Developer 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, Director of Community Development, Planning Manager, or any other
department, committee, or agency of the City the Site Development Review 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 Applicant/Developer's duty to so defend,
indemnify, and hold harmless shall be subject to the City's promptly notifying the
Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the
defense of such actions or proceedings.
Required By: Through completion of Improvements and Occupancy
DRAINAGE/GRADING
11. Grading/Sitework Permit. The applicant shall obtain a Grading/Sitework Permit from the Public
Works Department for site grading and improvements.
Responsible Agency: PW
Required By: Grading/Site Work Permit
12. Encroachment Permit. The applicant shall obtain an Encroachment Permit from the Public
Works Department for any work within the public street rights of way.
Responsible agency: PW
When required: Prior to any construction within the street rights of way
13. Building Permit for Retaining Walls. The applicant shall obtain a separate Building Permit from
the Building Department for all retaining walls over three feet in height (which may be the total
height of the stepped walls depending on the horizontal spacing).
Responsible agency: B/PW
When required: Prior to construction of any retaining wall
14. Dublin San Ramon Service District (DSRSD) Permit. The applicant shall obtain a construction
permit from the DSRSD for all water and sanitary sewer improvements.
Responsible agency: PW
When required: Prior to construction of sanitary sewer and water improvements
15. Permission to Grade on Adjacent Lot. The applicant shall coordinate all construction and
placement of the retaining walls with the adjacent property owner to the west (Lot 7), and obtain
written permission from the property owner for any grading or work to be performed on the
adjacent property.
Responsible agency: PW
When required: Prior to grading or construction on the adjacent property
16. Grading, Drainage and Improvement Plan. The applicant shall prepare a Site Grading,
Drainage and Improvement Plan for review and approval of the Public Works Director. The Plan
shall include as a minimum the following information:
• Existing topography including ground contours at one-foot intervals extending a minimum
10 feet beyond them property limits, and the location of the existing tree trunks and drip
5
lines;
• The location of existing improvements including fences and street frontage improvements;
• Location and elevation of existing and any proposed changes to the water, sanitary sewer,
gas, electric and CATV services to the lot;
• The location of all proposed improvements including the house footprint, decks, patios,
retaining walls, pathways and driveways.
• Proposed grading including:
o Limits of cut and fill area including the "Daylite" line where the proposed
grading conforms to the existing ground;
o Finish floor elevations;
o Sufficient finish surface elevations on all pavements to show slope and drainage;
o Top, toe and slope of all banks;
o Top, bottom and height of all retaining walls; and,
o Quantities of cut and fill.
• Proposed drainage improvements including:
o Location and type of all inlets;
o Elevations of grate and pipe inverts at all storm drain structures;
o Storm drain pipes' size, slope and material;
o Location and detail for the outlet dissipater; and,
o Direction of surface flow.
• Construction notes, sections and details as required.
• Proposed grading and improvements on Lot 7 within 10 feet of the common property line.
• Location and elevation for the benchmark to be used for construction.
• Signature blocks for the Public Works Director, Geotechnical Engineer and the DSRSD.
Responsible agency: PW
When required: Prior to Grading/Sitework Permit
17. Erosion Control Plan. The applicant shall prepare an Erosion Control Plan for review and
approval of the Public Works Director.
Responsible agency: PW
When required: Prior to Grading/Sitework Permit
18. Geotechnical Report. All grading, retaining walls and foundation work shall be performed in
accordance with the recommendations contained in the Geotechnical Report prepared for the site.
The responsible geotechnical engineer shall sign a statement on the Grading, Drainage and
Improvement Plan that all proposed grading, drainage and retaining walls conforms to the
recommendations contained in the Geotechnical Report.
Responsible agency: PW
When required: Prior to Grading/Sitework Permit
19. Grading and Drainage Design. The grading and drainage shall be designed for the following;
• No surface drainage shall cross the side property lines;
• All retaining walls on the property line shall be concrete or masonry;
• Grading in all areas shall be designed so that there is an emergency surface release of
drainage should the underground drainage system fail;
• All drainage from the developed area of the lot shall be collected and conveyed to a
drainage dissipater in the rear of the lot or to a thru-the-curb drain on the street frontage;
• The bottom tiered retaining wall shall end prior to the property line with lot 6.
Responsible agency: PW
When required: Prior to Grading/Sitework Permit
20. Driveways. The driveway approaches shall be constructed in accordance with City Standard
Detail SD-306. The driveway slope between the back of walk and the garage finish floor shall be
less that 12%. If the slope exceeds 12%, the driveway profile shall be constructed in accordance
to City Standard Detail CD-305. Any portion of the driveway over 20% shall have special surface
treatment to increase traction.
Responsible agency: PW
6
When required:
21. Erosion Control Landscape.
term erosion of the site.
Responsible agency:
When required:
UTILITIES
Prior to Grading/Sitework Permit
The landscape and irrigation plans shall be design to prevent long
PW
Prior to Grading/Sitework Permit
22. Utilities. The applicant shall secure all utility services to the site, including but not limited to
electricity, telephone, cable television, water, sewer and other required utility services in
accordance with the requirements and specifications of the utility company.
Responsible agency: PW
When required: Prior to Grading/Sitework Permit
CONSTRUCTION
23. Hours of Operation. All construction activities shall be limited to take place between the hours
7:30 AM and 6:00 PM Monday through Friday, except as otherwise approved by the Public
Works Director.
Responsible agency: PW
When required: During construction
24. Erosion control. The contractor is responsible for all measures necessary to prevent erosion of the
site. At a minimum, the erosion and sedimentation control measures shown on the Erosion Control
Plan shall be in place from October 1st to April 1st
Responsible agency: PW
When required: During construction
25. Dust Control. The contractor is responsible for preventing dust problems from the site by
watering graded areas or implementing other palliative measures, as conditions warrant, or as
directed by the Public Works Director.
Responsible agency: PW
When required: During construction
26. Parking. Construction and workers vehicles shall not park on the north side of Brittany Lane.
Double parking will not be allowed.
Responsible agency: PW
When required: During construction
27. Noise Control. Construction shall be conducted in a manner to minimize the impacts on the
existing community which shall include as a minimum the following;
• All construction equipment shall be fitted with noise muffling devices;
• Construction equipment shall not be left idling while not in use;
• Radios and loudspeakers shall not be used outside of the building.
Responsible agency: PW
When required: During construction
28. Trash and Debris Control. Measures shall be taken to contain all construction related trash,
debris, and materials on-site until disposal off-site. The contractor shall keep the adjoining public
streets and properties free and clean of project dirt, trash and construction materials.
Responsible agency: PW
When required: During construction
29. Construction Fence. The applicant shall install a temporary fence/barrier across the rear yard
approximately 10 feet beyond the limits of grading. The fence barrier shall be placed in such a
manner to restrict construction activities, material storage, trash, and debris from going down
7
slope of the construction area.
Responsible agency: PW
When required: During construction
30. Damaged Improvements. The applicant shall repair to the satisfaction of the Public Works
Director all damaged street curb, gutter, sidewalk and pavement on the lot frontage.
Responsible agency: PW
When required: Prior to Occupancy
HERITAGE TREES
31. Protection of Heritage Trees. Although the limits of the grading of the proposed property will
be a substantial distance from the Heritage Trees (Oaks) located within the property boundaries in
the rear yard area, to fulfill the intent of the Heritage Tree Protection Plan for the subdivision, the
Applicant shall install a temporary fence/barrier across the rear yard to protect the trees during
construction and to delineate the Tree Protection Zone. The fencing shall be located beyond the
limits of grading and the construction fence, and at least 10 feet from the dripline of the Heritage
Trees (Oaks) in the rear yard area. The fence barrier shall be placed in such a manner to restrict all
activities from disturbing the Oaks during site grading and construction. No grading, excavation
construction or storage of materials shall occur within this zone. Any modifications to these
requirements must be approved and monitored by the consulting arborist.
Responsible agency: PW
When required: During site grading/construction
32. Pruning and Trimming of Trees. All pruning, including that after completion of construction
and Occupancy, shall be completed by a Certified Arborist and Tree Worker in the presence of the
City's arborist and be in conformance with the guidelines of the International Society of
Arboriculture, Tree Pruning Guidelines, current edition, on file in the Community Development
Department.
Responsible Agency: PL
When Required: On-going
33. Spoils. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored
within the Tree Protection Zone. Spoil from trench, footing, utility or other excavation shall not
be placed within Tree Protection Zone.
Responsible Agency: PL
When Required: Prior to issuance of Grading/Sitework Permit
34. Damage During Construction. If damage should occur to any tree during construction it shall be
immediately reported to the Director of Community Development so that proper treatment may be
administered. The Director will refer to a City selected Arborist to determine the appropriate
method of repair of any damage. The cost of any treatment or repair shall be borne by the
developer/applicant responsible for the development of the project. Failure to do so may result in
the issuance of a stop work order. While in the tree, the arborist shall perform an aerial inspection
to identify defects that require treatment. Any additional work needed shall be reported to the
Project Arborist.
Responsible Agency: PL
When Required: Ongoing
35. Brush. Brush shall be chipped and chips shall be spread underneath trees to a maximum depth of
6 inches, leaving the trunk clear of mulch. Wood shall be hauled off the site. Trees shall not be
8
climbed with spurs. Thinning cuts are to be employed rather than heading cuts. Trees shall not be
topped or headed back.
Responsible Agency: PL
When Required: Ongoing
36. Recordation on Title. A statement shall be prepared and recorded on the title of the subject
property, with the Alameda County Recorders Office, which states that Heritage Trees are located
on the subject property and a Heritage Tree Protection Plan has been prepared and any damage to
the trees will result in penalties as required by the City's Heritage Tree Ordinance. The precise
language of the deed restriction shall be submitted by the applicant and shall be subject to review
and approval by the Director of Community Development.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit
37. Location of Underground Utilities. No underground services including utilities, sub-drains,
water or sewer lines shall be placed in the Heritage Tree Protection Zone. The location of the 4-
foot dissipation bench shown on the Project Plans shall be adjusted in conformance with the
DSRSD recommendations to avoid damage to the Oak trees, and in accordance with the
provisions of the Heritage Tree Protection Plan. This relocation shall be reflected in the Final
Utility Plan for the project.
Responsible Agency: PL
When Required: Ongoing
38. Location of Irrigation Systems. Irrigation systems must be designed so that no trenching will
occur within the Tree Protection Zone.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit
39. Landscape Improvements. No landscape improvements such as lighting, pavement, drainage or
planting may occur which may negatively affect the health or structural stability of the trees.
Responsible Agency: PL
When Required: Ongoing
40. Foundation Design. Foundations, footings and pavement on expansive soils near the Heritage
Trees should be designed to withstand differential displacement due to expansion and shrinking of
the soil.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit
41. Vehicles and Equipment. Vehicles and heavy equipment shall not be parked beneath the trees.
If access by equipment is required to accomplish the specified pruning, the soil surface shall be
protected with 6 inches to 8 inches of wood chips before placing equipment or vehicles.
Equipment shall be serviced and fueled outside the tree canopy to avoid accidental spills in the
root area.
Responsible Agency: PL
When Required: Ongoing
42. Public Utility Lines. Any public utility installing or maintaining any overhead wires or
underground pipes or conduits in the vicinity of a Heritage Tree in this project shall obtain
permission from the Director of Community Development before performing any work, which
9
may cause injury to the Heritage Tree.
Responsible Agency: PL
When Required: Ongoing
43. Removal of Trees. No Heritage Tree on the project site shall be removed unless its condition
presents an immediate hazard to life or property. Such Heritage Tree shall be removed only with
the approval of the Director of Community Development, City Engineer, Police Chief, Fire Chief
or their designee. The Fire Marshall has indicated the Heritage Trees conform with the Wildfire
Management Plan and that no Heritage Tree on the project site will be removed pursuant to the
Wildfire Management Plan.
Responsible Agency: PL
When Required: Ongoing
44. Designated Heritage Trees. All Oak trees on the project site are designated as Heritage Trees by
this Site Development Review and shall be protected by the provisions of the Heritage Tree
Ordinance pursuant to Section 5.60.40.2.
Responsible Agency: PL
When Required: Ongoing
PARKS
45. Public Facilities Fee. Applicant/Developer shall pay a Public Facilities Fee in the amounts and at
the times set forth in City of Dublin Resolution No. 195-99, or in the amounts and at the times set
forth in any resolution revising the amount of the Public Facilities Fee.
Responsible Agency: PCS
Required By: Prior to issuance of Building Permit
ARCHITECTURE
46. Exterior Colors and Materials. Exterior colors and materials shall be subject to final review and
approval by the Community Development Director, be compatible with adjacent residences, and
shall be shown on construction plans.
Responsible Agency: PL
Required By: Prior to issuance of Building Permit
47. Exterior lighting. Exterior lighting shall be of a design and placement so as not to cause glare
onto adjoining properties. Lighting used after daylight hours shall be minimized to provide for
security needs, including at each exterior entrance and in yard areas adjacent to steep slopes.
Responsible Agency: PL
Required By: Ongoing
48. Fencing and Retaining Walls. The design, location and materials of all fencing and retaining
walls shall be subject to review and approval by the Community Development Director.
Responsible Agency: PL
When Required: Prior to approval of Final Landscaping and Irrigation Plans
49. Increase in Height of Residence Prohibited. The increase in height of the residence in this
project beyond that approved by the Planning Commission is prohibited.
Responsible Agency: PL
Required By: On-going
50. Finished Floor and Peak of Roof Elevation. A licensed Land Surveyor shall certify that the
10
finished floor of the room labeled "Great Room" does not exceed 601-feet above sea level prior to
the close-in inspection, and also certify that the highest point of the roof ridge does not exceed
616-feet above sea level utilizing vertical datum that is subject to review and approval by the
Director of Public Works prior to occupancy.
Responsible Agency: PL
Required By: Prior to close-in inspection and prior to occupancy
LANDSCAPING
51. Final Landscaping and Irrigation Plan. Applicant/Developer shall submit a Final Landscaping
and Irrigation Plan, conforming to the requirements of Section 8.72.030 of the Zoning Ordinance
(unless otherwise required by this Resolution), stamped and approved by the Director of Public
Works and the Director of Community Development. The plan should generally conform to the
preliminary landscaping plan, and must reflect any revised project design shown on the Site
Development Review with a later date. If landscape installation is to be phased, the Plan shall
clearly show the proposed phasing of the installation.
Responsible Agency: PL
Required By: Prior to issuance of Building Permit
52. Wildfire Management Plan. The Final Landscaping and Irrigation Plan shall be in accordance
with the City of Dublin Wildfire Management Plan.
Responsible Agency: F
Required By: Prior to issuance of Building Permit
53. Installation. Prior to final Occupancy approval, all required irrigation, front yard landscaping,
and the first phase of the rear yard landscaping shall be installed. Subsequent phases of the rear
yard landscaping shall be installed in conformance with the phasing shown on the Final
Landscaping Plan. During interim periods and prior to installation of permanent landscaping in
the rear yard area, groundcover or other appropriate material shall be installed in exposed soil
areas to prevent erosion and dust.
Responsible Agency: PL, B
Required By: Prior to Occupancy
54. Drought-tolerant and/or Native Species. The landscape design and construction shall
emphasize drought-tolerant and/or native species wherever possible.
Responsible Agency: PL
Required By: On-going
55. Street Trees. Two street trees, of at least 15-gallon size, shall be planted in the street frontage
area. Trees shall be planted in accordance with the final landscaping and irrigation plan showing
the tree varieties and locations, approved by the Community Development Director. Trees planted
within, or adjacent to, sidewalks shall be provided with root shields.
Responsible Agency: PL
Required By: Prior to Occupancy
POLICE SECURITY
56. Residential Security Requirements. The development shall comply with the City of Dublin
Residential Security Requirements. Security hardware must be provided for all doors, windows,
roof, vents, and skylights and any other areas per Dublin Police Services recommendations and
requirements.
Responsible Agency: B, PO
Required By: Prior to Occupancy
11
FIRE PROTECTION
57. Applicable regulations and requirements. The Applicant/Property Owner shall comply with all
applicable regulations and requirements of the Alameda County Fire Department (ACFD),
including payment of all appropriate fees.
Responsible Agency: F
Required By: Ongoing
58. Wildfire Management Plan. Site Development shall be in accordance with all applicable
regulations and requirements of the City of Dublin Wildfire Management Plan.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
59. Rear Yard Accessibility. The rear yard shall be accessible from both sides of the structure.
Responsible Agency: F
Required By: Ongoing
60. Roofing material. The roofing material shall conform to the City of Dublin Fire Area
specifications requiring Class A or better material.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
61. Water supply. Water supply shall be adequate to support required fire flow.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
62. Fire Hydrants. The applicant shall construct any required new fire hydrants in streets to City and
Alameda County Fire Department standards. The Developer shall comply with applicable
Alameda County fire Department, Public Works Department, Dublin Police Service, Alameda
County Flood Control District Zone 7 and Dublin San Ramon Services District requirements.
Responsible Agency: F, PW
Required By: Prior to Occupancy
63. Delivery of any combustible material. Prior to the delivery of any combustible material for
storage on the site, fire hydrants, water supply, and roadways shall be installed and sufficient
water storage and pressure shall be available to the site. Approved roadway shall be first lift of
asphalt.
Responsible Agency: F
Required By: Prior to delivery of any combustible material
DSRSD
64. Submittal to DSRSD. Prior to issuance of any building permit, complete improvement plans
shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services
District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and
Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all
DSRSD policies. Prior to the issuance of a building permit, all utility connection fees, plan check
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.
Responsible Agency: DSRSD.
Required By: Prior to issuance of Building Permits
65. Sewer Design. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary
sewer system. Pumping of sewerage is discouraged and may only be allowed under extreme
12
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.
Responsible Agency: DSRSD.
Required By: Ongoing
66. Signature on Improvement Plans. Prior to the issuance of a 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 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, aone-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.
Responsible Agency: DSRSD.
Required By: Prior to issuance of Building Permits
67. Utility Construction Permits. No sewer line 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 the condition immediately before this one have been satisfied.
Responsible Agency: DSRSD.
Required By: Ongoing
68. Indemnity Clause. The Applicant/Property Owner shall hold DSRSD, its Board of Directors,
commissions, employees, and agents of DSRSD harmless and indemnify and defend the same
from any litigation, claims, or fines resulting from completion of the project.
Responsible Agency: DSRSD.
Required By: Ongoing
69. Construction Permit. The Applicant/Property Owner shall obtain a limited construction permit
from the DSRSD prior to commencement of any work.
Responsible Agency: DSRSD.
Required By: Prior to commencement of any work
70. Construction by Applicant/Developer. All onsite potable and recycled water and wastewater
pipelines and facilities shall be constructed by the Applicant/Developer in accordance with all
DSRSD master plans, standards, specifications and requirements.
Responsible Agency: DSRSD.
Required By: Completion of Improvements
71. DSRSD Water Facilities. Water facilities must be connected to the DSRSD or other approved
water system, and must be installed at the expense of Applicant/Developer in accordance with
District Standards and Specifications. All material and workmanship for water mains and
appurtenances thereto must conform with all of the requirements of the officially adopted Water
Code of the District and shall be subject to field inspection by the District.
Responsible Agency: DSRSD.
Required By: Completion of Improvements
72. Fire Flows. The applicant shall coordinate with the District and Alameda County Fire
Department on required fire flows.
Responsible Agency: DSRSD.
13
Required By: Approval of Improvement Plans
MISCELLANEOUS
73. Building Permit Submittal. To apply for building permits, the Applicant shall submit thirteen
(13) sets of full construction plans 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 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
compliance with all Conditions of Approval specified and obtaining the approvals of all
participating non-City agencies prior to the issuance of building or grading permits.
Responsible Agency: B, PL, PW.
Required By: Prior to issuance of Building Permits
74. Construction Plans. Construction plans shall be fully dimensioned (including building
elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared
and signed by an appropriately design professional. The site plan, landscape plan and details shall
be consistent with each other.
Responsible Agency: B, PL, PW
Required By: Prior to issuance of Building Permits
75. Postal Authorities. The developer shall confer with the local postal authorities to determine the
type of mail receptacles necessary and provide a letter stating their satisfaction with the type of
mail service to be provided. Specific locations for such units shall be to the satisfaction of the
Postal Service.
Responsible Agency: PL
When Required: Prior to issuance of Building Permit
PASSED, APPROVED and ADOPTED this 8`}' day of Apri12003.
AYES: Cm.
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST
Planning Manager
14
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INC.
Heritage Tree Protection Plan
Brittany Drive Estates, Tract 5073
Dublin, CA
City of D~~6in
Icy- ,.~-~ c ~ ~ ~ ~ - --
Resol~tia~ ~~~~.: `~~' ~ f
Resolution Date: ~ ~~'-~' l° ~
PREPARED FOR:
Black Mountain Development
12 Crow Canyon Ct., Suite 207
San Ramon CA 94583
PREPARED BY:
HortScience, Inc. ~
4125 Mohr Ave., Suite F
Pleasanton CA 94566
February 2001
ATTACNINEHi r~
a C CI~flMC
FEB ~ 2 Zflill
GITY OF DUBLIN
13UII.DINQ INSPECTION DEFTa
Heritage Tree Protection Plan
Brittany Drive Estates, Tract 5073
Dublin, CA
Table of Contents
Page
Introduction and Overview 2
Survey Methods 2
Description of Trees 3
Suitability for Preservation 4
Evaluation of Impacts and Recommendations for Preservation 6
Tree Preservation Guidelines ~
List of Tables and Exhibits
Table 1. Condition ratings and frequency of occurrence for trees 3
Table 2. Suitability for Preservation 5
Attachments
Tree Survey Map
Tree Protection Fencing Plan
Tree Survey Form
Heritage Tree Protec Plan, Brittany Drive, T. 4073, Dublin HortScience, tnc.
February 12, 2001 Page 2
Introduction and Overview
Black Mountain Development is proposing to develop six lots located on Brittany Drive
and one lot on Rolling Hills Dr. in Dublin, CA. The project encompasses portions on the
native oak woodland. The Tentative Tract map was approved by the City Council of
Dublin in 1985 in Resolution No. 82-85. That document requires preparation of a
horticultural report if project grading is performed within 25 feet of the dripline of trees.
Since that time a Heritage Tree Ordinance (No. 29-99) has been enacted that requires
preparation of a Heritage Tree Protection Plan. HortScience, Inc was asked to prepare
that report. This report provides the following information:
1. A survey of trees within the project boundaries.
2. An assessment of the impacts of constructing the proposed project on the trees.
3. Guidelines for tree preservation and protection during the design, construction
and maintenance phases of development.
Survey Methods
Trees were surveyed in July 2000. The survey included trees greater than 6" in diameter,
located within the project boundaries. The survey procedure consisted of the following
steps:
1. Identifying the tree as to species;
2. Tagging each tree with an identifying number;
3. Measuring the trunk diameter at a point 54" above grade.
4. Evaluating the health and structural stability using a scale of 1-5:
5 - A healthy, vigorous tree, reasonably free of signs and symptoms of
disease, with good structure and form typical of the species.
4 -Tree with slight decline in vigor, small amount of twig dieback, minor
structural defects that could be corrected.
3 -Tree with moderate vigor, moderate twig and small branch dieback,
thinning of crown, poor leaf color, moderate structural defects that
might be mitigated with regular care.
2 -Tree in decline, epicormic growth, extensive dieback of medium to large
branches, significant structural defects that cannot be abated.
~ -Tree in severe decline, dieback of scaffold branches and/or trunk; most
of foliage from epicormics; extensive structural defects that cannot be
abated.
0 -Dead tree.
Heritage Tree Protec 'Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
February 12, 2001 Page 3
5. Rating the suitability for preservation as "good", "fair" or "poor". Suitability for
preservation considers the health, age and structural condition of the tree,
and its potential to remain an asset to the site for years to come.
Good: Trees with good health and structural stability that have the
potential for longevity at the site.
Fair. Trees with somewhat declining health and/or structural defects
than can be abated with treatment. The tree will require more
intense management and monitoring, and may have shorter life
span than those in `good' category.
Poor. Tree in poor health or with significant structural defects that
cannot be mitigated. Tree is expected to continue to decline,
regardless of treatment. The species or individual may have
characteristics that are undesirable for landscapes, and generally
are unsuited for use areas.
6. Recording the tree's location on a map.
Description of Trees
Twenty (20) trees were evaluated. Descriptions of each tree are found in the Tree
Survey (see Attachments). A summary is provided in Table 1. Tree locations are shown
by tag number on the Tree Survey Map (see Attachments).
The trees on the subject property are a portion of a small woodland associated with a
drainage course south of Brittany Dr. Two oak species were present on the south-facing
slope: the evergreen coast live oak, which comprised 20% of the population and the
deciduous valley oak with 80% of the population (Table 1). Two of the oaks were on a
west-facing slope off Rolling Hills Dr.
As is normal for native oak woodlands, a range of tree condition was present, from
excellent to poor. Tree condition ranged from excellent to poor, although most (80%)
were in the good to fair category. Most were large, mature individuals. Tree size ranged
from 14" to 61" diameter single-trunked trees. Average trunk diameter was 28". There
were six multiple-trunked trees with individual trunks ranging in size from 6" to 40".
Table 1: Condition ratings and frequency of occurrence of trees at T. 5073
Common Name Scientific Name Condition Rating No. of
Good Fair Poor Trees
(4-5) (3) (1-2)
Coast live oak Quercus agrifolia 1 1 2 4 (20%)
Valley oak Quercus iobata 7 7 2 16 (80%)
Total 8 8 4 20
40% 40% 20% 100%
Heritage Tree Protec Plan, Brittany Drive, T. 4073, Dublin HortScie Pagers 4
February 12, 2001
Heritage Trees
City of Dublin Ordinance No. 29-99 identifies "Heritage Trees" as being any of the
following:
1. Any oak, bay, cypress, maple, redwood, buckeye and sycamore tree having a
trunk of 24" or more in diameter measured 4.5' above natural grade.
2. A tree required to be preserved as part of an approved development plan, zoning
permit, use permit, site development review or subdivision map.
3. A tree required to be planted as a replacement for an unlawfully removed tree.
By definition #1,13 trees are Heritage. However, because the project was approved with
the trees at the Tentative Tract Map stage, all trees are now designated as Heritage by
definition #2.
Suitability for Preservation
Before evaluating the impacts that will occur during development, it is important to
consider the quality of the tree resource itself, and the potential for individual trees to
function well over an extended length of time. Trees that are preserved on development
sites must be carefully selected to make sure that they may survive development impacts,
adapt to a new environment and perform well in the landscape.
Our goal is to identify trees that have the potential for long-term health, structural stability
and longevity. For trees growing in open fields, away from areas where people and
property are present, structural defects and/or poor health presents a low risk of damage
or injury if they fail. However, we must be concerned about safety in use areas.
Therefore, where development encroaches into existing plantings, we must consider the
potential for trees to grow and thrive in a new environment as well as their structural
stability. Where development will not occur, the normal fife cycles of decline, structural
failure and death should be allowed to continue.
Evaluation of suitability for preservation considers several factors:
^ Tree health
Healthy, vigorous trees are better able to tolerate impacts such as root injury,
demolition of existing structures, changes in soil grade and moisture, and soil
compaction than are non-vigorous trees.
^ Structural integrity
Trees with significant amounts of wood decay and other structural defects that
cannot be corrected are likely to fail. Such trees should not be preserved in areas
where damage to people or property is likely.
^ Species response
There is a wide variation in the response of individual species to construction
impacts and changes in the environment. Coast live oak has good construction,
while valley oak has moderate tolerance to impacts.
^ Tree age and longevity
Old trees, while having significant emotional and aesthetic appeal, have limited
physiological capacity to adjust to an altered environment. Young trees are better
able to generate new tissue and respond to change.
Heritage Tree Protec Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
February 12, 2001 Page 5
Each tree was rated for suitability for preservation based upon its age, health, structural
condition and ability to safely coexist within a development environment (see Tree Survey
Form). A summary is provided in Table 2.
Table 2: Suitability for Preservation of Trees in Tract 5073.
Good These are trees with good health and structural stability that have the
potential for longevity at the site. Eight (8) trees were rated as having
good suitability for preservation.
Tree No. Species Diameter
(in.)
335 Valley oak 27, 23, 23
337 Valley oak 25, 16
340 Coast live oak 40, 26
346 Valley oak 31
350 Valley oak 31
352 Valley oak 28
353 Valley oak 19, 18, 15, 13
354 Valley oak 31
Moderate Trees in this category have fair health and/or structural defects that
may be abated with treatment. Trees in this category require more
intense management and monitoring, and may have shorter life-
spans than those in the "good" category. Eight (8) trees were rated
as having moderate suitability for preservation.
Tree No. Species Diameter
(in.)
338 Valley oak 29
342 Coast live oak 41
343 Valley oak 14, 13, 12, 11, 6
344 Valley oak 33
347 Valley oak 25
348 Valley oak 17
349 Valley oak 61
351 Valley oak 17, 13
Low Trees in this category are in poor health or have significant defects in
structure that cannot be abated with treatment. These trees can be
expected to decline regardless of management. The species or
individual tree may possess either characteristics that are
undesirable in landscape settings or be unsuited for use areas. Four
(4) trees were rated as having low suitability for preservation.
Tree No. Species Diameter
(in.)
336 Valley oak 20
339 Coast live oak 22
341 Coast live oak 15
345 Valley oak 14
Heritage Tree Protec 'Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
February 12, 2001 Page 6
We consider trees with good suitability for preservation to be the best candidates for
preservation. We do not recommend retention of trees with low suitability for preservation
in areas where people or structures will be present. Retention of trees with moderate
suitability for preservation depends upon the intensity of proposed site changes.
Evaluation of Impacts and Recommendations for Preservation
Appropriate tree retention develops a practical match between the location and intensity
of construction activities and the quality and health of trees. The Tree Survey Form was
the reference point for tree condition and quality. Potential impacts from construction
were evaluated using the Composite Site Plan (June 2000) and house layouts for lots 1, 8
and 9 prepared by EDI Architecture, Inc. (received Feb. 12, 2001).
Potential impacts from construction were assessed for each tree. The project has been
designed to retain all trees. Normally we would not recommend retention of trees in poor
condition. However, because this is a native stand of oaks and the trees in poor condition
are downslope from the home areas, they can be retained.
Only trees along the north canopy edge will be impacted by construction. These include
trees #335, 342, 340, 341, 345, 346 and 353. Construction will occur a minimum of 5'
outside the driplines of all trees. Roots of oaks typically extend for a long distance beyond
the dripline. Construction of the homes on lots 1, 7, 8 and 9 will encroach into the root
area. However, we consider the encroachment to be within the tolerance level of the
adjacent trees. We expect no observable reduction in plant growth or health from the
construction. Fill placed outside the driplines years ago when Brittany Drive was
constructed has had no observable effect. No impacts to the trees will occur downslope
from the trunks. A TREE PROTECTION zoNE at the driplines of trees shall be established.
The Wildfire Management Plan contains several requirements that affect management of
the trees:
Pruning is required to, "thin foliage, remove dead wood, raise the foliage one-foot
above the ground, and separate the crowns of the trees." Implementation of
these requirements will be directed by the Fire Marshall, project arborist and
City's arborist. It is unclear at this time how much pruning will be required to
separate crowns of the trees because they exist in small groves of continuous
canopy. Specifications for pruning will be provided following on-site consultation
with the Fire Marshall.
^ "Ground under the Fire Resistive Heritage Trees shall be kept free of weeds and
dead wood." Weed controls must be applied in a manner that will not harm trees.
Pre-emergent herbicides and tilling are not acceptable methods of weed control.
Post-emergent herbicides and hand-pulling weeds are allowable.
"An irrigated fuel break/greenbeltshaIl be installed surrounding the Fire Resistive
Heritage Trees." The irrigated area must be designed to protect the native trees
from excessive water and exclude trenching to install irrigation lines within the
TREE PROTECTION ZONE.
The rock outcropping on lot 9 will be removed to construct the home. To eliminate
potential damage to trees on that lot we recommend retaining any rocks in place within
30' of the trunks.
Heritage Tree Protec .Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
February 12, 2001 Page 7
Tree Preservation Guidelines
The goal of tree preservation is not merely tree survival during development but
maintenance of tree health and beauty for many years. Trees retained on sites that are
either subject to extensive injury during construction or are inadequately maintained
become a liability rather than an asset. The response of individual trees will depend on
the amount of excavation and grading, the care with which demolition is undertaken, and
the construction methods. Coordinating any construction activity inside the Tree
Protection Zone can minimize these impacts.
The following recommendations will help reduce impacts to trees from development and
maintain and improve their health and vitality through the clearing, grading and
construction phases.
Design recommendations
1. A TREE PROTECTION ZONE shall be established at the dripline of all trees. No
grading, excavation, construction or storage of materials shall occur within that
zone.
2. All site development plans shall be reviewed by the Project Arborist for evaluation
of impacts to trees and recommendations for mitigation.
3. Retain the rock outcropping within 30' of trees #335 and 342.
4. No underground services including utilities, sub-drains, water or sewer shall be
placed In the TREE PROTECTION ZONE.
5. Tree Preservation Notes, prepared by the Consulting Arborist, should be
included on all construction plans.
6. Irrigation systems must be designed so that no trenching will occur within the
TREE PROTECTION ZONE. Surface water from irrigation runoff must be directed
away from oak trunks.
7. No landscape improvements such as lighting, pavement, drainage or planting
may occur within the TREE PROTECTION ZONE that may negatively affect the health
or structural stability of the trees.
8. As trees withdraw water from the soil, expansive soils may shrink within the root
area. Therefore, foundations, footings and pavements on expansive soils near
trees should be designed to withstand differential displacement."
Pre-construction treatments and recommendations
1. Prune trees to be preserved to clean the crown and to provide 1' clearance as
required by the Wildfire Management Plan, and to clear the crown. All pruning
shall be completed by a Certified Arborist or Tree Worker and adhere to the Tree
Pruning Guidelines of the International Society of Arboriculture. Specifications for
pruning shall be provided after consultation with the Fire Marshall. Brush shall be
chipped and spread beneath the trees within the TREE PROTECTION ZONE.
2. Fence all trees to be retained to completely enclose the TREE PROTECTION ZONE
at the driplines as depicted on the Protection Fencing Plan (see Attachments). It
Heritage Tree Protec, .Plan, Brittany Drive, T. 4073, Dublin HortScience, Inc.
February 12, 2001 Page 8
is not necessary to fence trees on the downhill side, away from all construction.
Fences shall be 6 ft. chain link or equivalent as approved by consulting arborist.
Fences are to remain until all grading and construction is completed.
Recommendations for tree protection during construction
1. Prior to beginning work, the contractor is required to meet with the consultant at
the site to review all work procedures, access routes, storage areas and tree
protection measures.
2. No grading, construction, demolition or other work shall occur within the TREE
PROTECTION ZONE. Any modifications must be approved by the City of Dublin and
monitored by the Consulting Arborist.
3. Spoil from trench, footing, utility or other excavation shall not be placed within the
TREE PROTECTION ZONE, neither temporarily nor permanently,
4. If injury should occur to any tree during construction, it should be evaluated as
soon as possible by the Consulting Arborist so that appropriate treatments can be
applied.
5. No excess soil, chemicals, debris, equipment or other materials shall be dumped
Or Stored Wlthln the TREE PROTECTION ZONE.
6. No tree pruning may be performed by construction personnel.
Maintenance of impacted trees
Native oaks in proximity to homes require regular maintenance. It is recommended that
the future homeowners be provided with a Guide to Maintenance for Native Oaks that
describes the care needed to maintain tree health and structural stability. Occasional
pruning, fertilization, mulch, and pest management may be required. In addition,
provisions for monitoring both tree health and structural stability must be made a priority.
As trees age, the likelihood of failure of branches ar entire trees increases. Therefore,
annual inspection for hazard potential is recommended.
HortScience, Inc.
N da Matheny
Certified Arborist #WC-0
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ORDINANCE NO. S - 02
AN ORDINANCE OF THE CITY OF DUBLIN
AMENDING THE gERITAGE TREE ORDINANCE, PA 02-013
THE CITY COUNCIL OF THE CITY OF DUBLIN DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS
A. The City of Dublin is desirous of preserving Heritage Trees and facilitating the development
of sites which contain Heritage Trees in a manner consistent with the intent. of the Heritage Tree
Ordinance in order to enhance the scenic beauty, increase property values, encourage quality
development, prevent soil erosion, protect against flood hazards and the risk of landslides, counteract
pollution in the air and maintain the climatic balance within the city.
B. The Heritage Tree Ordinance, Section 5.60 of the Dublin Municipal Code, was adopted by
the City Council on December 21, 1999.
C. On December 19, 2000 and 3anuary 16, 2001, City Council directed sta$'to provide
clarification of terms curlrnec=l~y e in the eenalty or illegal destruction of a He tageVTreere Management
plan; and to examine an F
D. The City of Dublin is initiating the amendment to the Heritage Tree Ordinance in order to
provide new definitions, to outline tree protection plan requirements, to provide measures for utility.
companies, to increase the penalty for illegal destruction, and to improve the writing of the Ordinance.
E. Properly noticed public hearings were held by the City Council on April 16, 2002 and April
30, 2002.
F. The application has been reviewed in accordance with the California Environmental Quality
Act (CEQA), the State CEQA Guidelines and the City Environmental Guidelines, and Community
Development Staff determined that the Amended Heritage Tree Ordinance is categorically exempt
under Section 15307, "Actions by Regulatory Agencies for Protection of Natural Resources," under
CEQA because the amendment is an action taken by a regulatory agency as authorized by state law to
assure the maintenance, restoration, or enhancement of a natural resource where the regulatory process
involves procedures for protection of the environment.
G. The amended Ordinance is consistent with the Amended Wildfire Management Plan,
approved by City Council on March 5, 2002.
H. The City Council heard and considered all said reports, recommendations, written and oral
testimony submitted at the public hearing as hereinabove set forth.
I. The amended Heritage Tree Ordinance supercedes the existing Heritage Tree Ordinance,
Section 5.60 of the Dublin Municipal Code, in its entirety.
SECTION 2. ORDINANCE
Chapter 5.60 of the Dublin Municipal Code is amended to read as follows:
Section 5.60.10 - Titie
This Chapter shall be known as "the Heritage Tree Ordinance"
Section 5.60.20 -Purpose and Intent
This Chapter is adopted because the city has many Heritage Trees, the preservation of which is
beneficial to the health and welfare of the citizens of this city in order to enhance the scenic beauty,
increase property values, encourage quality development, prevent soil erosion, protect against flood
hazards and the risk of landslides, counteract pollution in the air, and maintain the climatic balance
within the city. For these reasons the City finds it is in the public interest, convenience, necessity and
welfare to establish regulations controlling the removal of and the preservation of Heritage Trees
within the City. In establishing these regulations, it is the City's intent to preserve as many Heritage
Trees as possible consistent with the reasonable use and enjoyment of private property.
Section 5.60.30 -Applicability
This Chapter applies to all property within the City of Dublin, including private property, residential
and non-residential zones, developed and undeveloped land.
Section 5.60.40 -Definitions
The following words and phrases, whenever used in this chapter, shall be as construed as defined in
this section:
"City" means the City of Dublin.
"Certified or consulting arborist" means as arborist who is registered with the International Society
of Arboriculture and approved by the Director.
"Development" means any improvement of real property that requires the approval of zoning,
subdivision, conditional use permit or site development review permits.
"Director" means the Community Development Director or his or her designee.
"Drip line" means a line drawn on the ground around a tree directly under its outermost branch tips
and which identifies that location where rainwater tends to drop from the tree.
"Effectively remove" includes, but is not limited to, any extreme pruning that is not consistent with
standard arboriculture practices for a healthy Heritage Tree and that results in the tree's permanent
disfigurement, destzuction, or removal ordered by the City pursuant to subdivision (b)(2) of section
5.60.50.
"Heritage Tree" means any of the following;
(a) Any Oak, Bay, Cypress, Maple, Redwood, Buckeye and Sycamore tree having a trunk or
main stern of 24 inches or more in diameter measured at 4 feet 6 inches above natural grade;
(b) A tree required to be preserved as part of an approved development plan, zoning permit,
use permit, site development review or subdivision map;
(c) A tree required to be planted as a replacement for an unlawfully removed tree.
"Protect" means the protection of an existing tree from damage and stress such that the tree is
likely to survive and continue to grow normally in a healthy condition, through measures that avoid
or minimize damage to branches, canopy, trunk and roots of the tree. Such measures may include,
2
but are not limited to, installation of tree protective fencing, mulching and watering of roots,
supervision of work by an arborist, installation of aeration or drainage systems, root pruning, and
use of non-destructive excavation techniques.
"Remove" or "removal" means cutting a tree to the ground, extraction of a tree, or killing a tree by
spraying, girdling, or any another means.
Section 5.60.50 -Tree Removal Permit Required
(a) No person may remove, cause to be removed, or effectively remove any Heritage Tree from
any property within the City of Dublin without obtaining a permit from the Director.
(b) Exceptions
A permit is not required for the following:
(1} Removal of a Heritage Tree that presents an immediate hazard to life or property, with the
approval of the Director, City Engineer, Police Chief, Fire Chief or their designee.
(2) Removal that is specifically approved as part of aCity-approved planned development
development plan, conditional use permit, site development review, or subdivision map.
(3) pruning of Heritage Trees that conforms with the guidelines of the International Society of
Arboriculture, Tree Pruning Guidelines, current edition, on file in the Community
Development Department.
(c) Tree removal requested as part of the development of a property subject to zoning,
subdivision, conditional use permit, or site development review application approval shall be
reviewed and approved by the body having final authority over the entitlement application.
Section 5.60.60 -Tree Removal Permit Procedure
(a) Any person wishing to remove one or more Heritage Trees shall apply to the Director for a
permit. The application for a permit shall be made on forms provided by the Community
Development Department and shall include the following: a and size of all
l . A drawing showing all existing trees and the location, typ
tree(s) proposed to be removed;
2. A brief statement of the reason for removal;
3 . If the tree or trees are proposed for removal because of their condition, a
certified arborist's determination of the state of health of the Heritage Trees
may be required;
4. Written consent of the owner of record of the land on which the tree(s) are
proposed to be removed;
5. A tree removal permit fee of twenty-five ($25.00) dollars to cover the cost
of permit administration. An additional deposit may be required by the
Director to retain a certified arborist to assist the City in assessing the
condition of the trees;
6. Other pertinent information as required by the Director.
(b) Tree removal requested in conjunction with an application for any development entitlements
shall provide to the Community Development Department a Landscaping Plan specifying
the precise location, sizee P an shall ai os how exit g and p oposed grades and they of the
property. The Landscap
location of proposed and existing structures.
3
(c) The Director shall inspect the property and evaluate each application. In deciding whether
to issue a permit, the Director shall base the decision on the following criteria:
1. The condition of the tree or trees with respect to health, imminent danger of falling,
proximity to existing or proposed structures and interference with utility services or
public works projects;
2. The necessity to remove the tree or trees for reasonable development of the
property;
3 . The topography of the land and the effect of the removal of the tree on erosion, soil
retention and diversion or increased flow of stream waters;
4. The number of trees existing in the neighborhood and the effect the removal would
have upon shade, privacy impact, scenic beauty and the general welfare of the City
as a whole.
(d) The Director shall render a decision. regarding the permit within ten {10} working days after
the receipt of a complete application.
(e) If an application to remove a Heritage Tree is being requested in conjunction with a
development entitlement, then the decision on the tree removal permit shall be rendered
simultaneously with the decision on the development entitlement and shall be made by the
body having final authority over the entitlement application. In deciding whether to
approve a tree removal permit under this subsection, the reviewing body shall consider the
criteria set forth in subdivision (c) of this section.
(f) The Director may refer any application to any City Department for review and
recommendation.
(g) The Director or the reviewing body having final authority over the development may grant
or deny the application or grant the application with conditions, including, the condition that
one (1) or more replacement trees be planted of a designated species, size and location.
Section 5.60.70 -Appeals
(a} Any decision of the Director, pursuant to this chapter, maybe, appealed to the City
Council. Appeals shall be in writing, shall be signed by the applicant, shall state the reasons
the appeal is made, and be filed with the City Clerk within fourteen (14) days of written
notification of the decision by the Director. Any appeal shall be accompanied by an appeal
fee in the amount established by resolution of the City Council.
(b} The City Clerk shall place all such appeals on the agenda of the next regular Council
meeting and shall give the appellant at least five (5) calendar days' notice of the time and
place of said hearing. Appeals shall be conducted in accordance with the procedures set
forth in Section 1.04.050 of the Code. The decision of the City Council shall be final.
Section 5.60.80 -Protection of Heritage Trees during construction.
All applicants for demolition, grading, or building permits on property containing one or more
Heritage Trees shall prepare a tree protection plan pursuant to Section 5.60.90.
4
Section 5.60.90 -Protection plan required prior to issuance of permit
(1) A plan to protect Heritage Trees as described in Section 5.60.80 above shall be submitted
to the Director prior to the issuance of demolition, grading or building permits. The plan
shall ensure that the tree, including its root system, is adequately protected from potential
harm .during demolition, grading and construction that could cause damage to the Heritage
Tree. Such harm may include excavation and trenching, construction and chemical
materials storage, stormwater runoff and erosion, and soil compaction. The plan shall be
prepared and signed by a certified arborist and approved by the Director. The Director may
refer the plan to acity-selected arborist for review and recommendation. The cost of this
review shall be borne by the developer/applicant requesting said permit.
(2) The Director may require that a certified arborist be present an the project site during
grading or other construction activity that may impact the health of the tree(s) to be
preserved.
(3) Damage to any tree during construction shall be immediately reported to the Director so
that proper treatment may be administered. The Director may refer to acity-selected
' arborist to determine the appropriate method of repair for any damage. The cost of any
treatment or repair shall be borne by the developer/applicant responsible for the
development of the project. Failure to notify the Director may result in the issuance of a
stop work order.
(4) The Director may waive the requirement for a tree protection plan if he or she determines
that the grading or construction activity is minor in nature and that the proposed activity
will not significantly modify the ground area within or immediately surrounding the drip-line
of the tree(s).
Section 5.60.100 -Applicant to guarantee protection -security deposit
(a) The applicant shall guarantee the protection of the existing tree(s) on the site not approved
for removal through placement of a cash bond or other security deposit in the amount based
upon the valuation of the trees acceptable to the Director. The Director may refer to acity-
selected arborist to estimate the value of the tree(s) in accordance with industry standards.
(b} The cash bond or other security shall be retained for a reasonable period of time following
the acceptance of the public improvements for the development, not to exceed one year.
The cash bond or security is to be released upon the satisfaction of the Director that the
tree(s) to be preserved have not been endangered. The cash bond or security deposit shaIl
be forfeited as a civil penalty for any unauthorized removal or destruction of a Heritage
Tree.
Section 5.60.110 -Public Utilities
Any public utility installing or maintaining any overhead wires or underground pipes or conduits in
the vicinity of a Heritage Tree shall obtain permission from the Director before performing any work,
which may cause injury to the Heritage Tree. The Director shall provide all water, sewer, electrical and
gas utilities operating within the City with a copy of this ordinance.
Section S.b0.I20 -Violation -Penalty
(a) Any person who unlawfully removes, destroys or damages a Heritage Tree shall pay a civil
penalty equal to twice the amount of the appraised value of the tree. Acity-selected
arborist shall estimate the replacemem value of the lost tree(s) in accordance with industry
standards, The penalty shall include the City's costs incurred in performing the appraisal.
(b} Any person violating any portion of this Chapter that results in the loss of a Heritage Tree,
shall be required to replace said tree with a new tree and or additional plantings, of the same
species. The Director shall determine the size and location of replacemem tree(s). The
Director may refer to the recommendation of acity-selected arborist.
SECTION 3. APPROVAL
The City Council hereby approves the Amended Heritage Tree Ordinance, Section 5.60 of the
Dublin Municipal Code.
SECTION 4. EFFECTIVE DATE AND POSTING OF ORDINANCE
This ordinance shall take effect and be in force thirty (30) days from and after its passage. The City
Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the
City of Dublin in accordance with Section 36933 of the Government Code of the State of California.
PASSED AND ADOPTED BY the City Council of the City of Dublin, on this 7`~ day of May 2002, by the
following votes: '
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and 1Vlayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: .None
ATTEST: -- //ee
~C~'~
ity Clerk
K2/GIS-7-OZ/ord-heritagetree.doc (Item b.l)
Mayor
G:~PA#12002\02-013\CCord.doc
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