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HomeMy WebLinkAbout8.1 Attch 1 PC Reso SDR RESOLUTION NO. 13- XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE GROVES AT DUBLIN RANCH FOR 304 MULTI-FAMILY UNITS WITH STRUCTURED PARKING ON APPROXIMATELY 8.8 GROSS ACRES (APN 985-0048-005-00) PLPA-2012-00040 WHEREAS, the Applicant, MVP Development, on behalf of Dublin Ranch Lot 3 Project Owner LLC (Integral Communities) submitted an application for an area of approximately 8.8 acres gross (6.4 acres net) known as The Groves at Dublin Ranch (Lot 3); and WHEREAS, the application requests a Site Development Review for a 304-unit multi- family high-density residential apartment project in conjunction with a previously approved Vesting Tentative Tract Map 7453 and existing Development Agreement approved by Ordinance 8-03; and WHEREAS, the project site generally is located north of Dublin Boulevard between Keegan Street and Lockhart Street, south of Maguire Way (a private street) within the Eastern Dublin Specific Plan Area; and WHEREAS, the project site is vacant land; and WHEREAS, the project site is subject to PD-Planned Development zoning (PA 96-039) adopted by City Council Resolution 141-97; and WHEREAS, the number of multi-family units (304 units) for Lot 3 approved with the Fairway Ranch project has not changed from the original approval; and WHEREAS, the application collectively defines this "Project" and is available and on file in the Community Development Department; and WHEREAS, with the approval of Fairway Ranch, a determination was made that there are no supplemental impacts that would require preparation of a Supplemental EIR, as further documented in the Initial Study prepared by the City, dated June 2003 and incorporated herein by reference. The Initial Study found that the environmental impacts of the project were addressed by the Negative Declaration approved by City Council Resolution No. 140-97 for the Planned Development Rezoning for 453 acres of Dublin Ranch which includes the Property and the project and by the Environmental Impact Report for the General Plan and Eastern Dublin Specific Plan Amendment (SCH 91103064) which was certified by City Council Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994; and WHEREAS, pursuant to the California Environmental Quality Act, the City Council finds the project exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan; and ATTACHMENT 1 WHEREAS, the Planning Commission did hold a public hearing on said application on March 12, 2013, for this project at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Site Development Review; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review for 304 multi-family units for the project known as The Groves at Dublin Ranch (Lot 3): Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, with the General Plan and any applicable Specific Plans and design guidelines because: 1) The project will not undermine the architectural character and scale of development in which the proposed project is to be located; 2) the project will provide a unique, varied, and distinct housing opportunity; 3) the project is consistent with the General Plan and Eastern Dublin Specific Plan Land Use designation of High Density Residential; and 4) the project complies with the development standards established with the Planned Development zoning previously. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the project contributes to orderly, attractive, and harmonious site and structural development compatible with the existing site layout and subdivision mapping and is compatible with the surrounding and adjacent properties; and 2) the project complies with the development regulations set forth in the Zoning Ordinance where applicable and as adopted for (PA 03-010). C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the project augments available housing in the vicinity; 2) the size and mass of the proposed houses are consistent with the lot sizes and other residential developments in the surrounding area; and 3) the project will provide a more complete street scene. D. The subject site is suitable for the type and intensity of the approved development because: the proposed multi-family apartment complex to be developed on the Project Site meets all of the development standards established to regulate development in the neighborhood overall and is consistent and compatible with previously approved and constructed projects. 2 E. Impacts to existing slopes and topographic features are addressed because: 1) the infrastructure is under construction including streets and utilities, 2) the project site will be graded in accordance with the related Tract Map for the Project Site, and 3) retaining walls will be constructed to establish the required lot size and building envelope. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the development will be similar to multi- family project already being constructed in the general vicinity; 2) the architectural style and materials will be consistent and compatible with the architecture, colors, and material being utilized on other multi-family projects in the vicinity. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) all perimeter landscaping, walls, fences, and hardscape are proposed for construction in accordance with the master plan; and 2) the project perimeter and interior landscaping is consistent with other developments currently under construction in the vicinity and conform to the requirements of the Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) all infrastructure including streets, parkways, pathways, sidewalks, and streetlighting are proposed for construction in accordance with the master plan; and 2) development of this project will conform to the major improvements already installed allowing residents the safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the Site Development Review for the proposed project of 304 multi-family units within the project of a 8.8-acre site known as The Groves at Dublin Ranch (Lot 3) bounded by Maguire Way (private street) on the north, Dublin Boulevard on the south, Lockhart Street on the east, and Keegan Street on the west, as shown on plans prepared by MacKay & Somps, Architects Orange and MJS Design dated received March 4, 2013 subject to the conditions included below. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of buildin• •ermits or establishment of use and shall be sub'ect to Plannin• Department review and approval. The following codes represent those de•artments/a•encies res•onsible for monitorin• com•liance of the conditions of a• •royal. PL. Plannin• B Buildin• PO Police P Public Works P&CS Parks & Communi Services, [ADM] Administration/City Attorney, [FIN I Finance, [Fl Alameda County Fire De•artment DSR Dublin San Ramon Services District CO Alameda Coun De•artment of Environmental Health, [Z7] Zone 7. 3 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: PLANNING DIVISION 1. Approval. This Site Development Review PL Ongoing Standard approval is for the construction of 304 multi-family units for the project known as The Groves at Dublin Ranch (Lot 3) within the Fairway Ranch neighborhood of Dublin Ranch. This approval shall be as generally depicted and indicated on the plans prepared by MacKay & Somps, Architects Orange and MJS Design Group dated received March 4, 2013 and on file in the Community Development Department, and as specified by the following Conditions of Approval for this project. 2. Permit Expiration: Construction or use shall PL One year from Standard commence within one (1) year of Site approval Development Review (SDR) approval, or the SDR shall lapse and become null and void. Commencement of construction or use means the actual construction or use pursuant to the approval, or demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the SDR has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a SDR expires, a new application must be made and processed according to the requirements of the Dublin Zoning Ordinance. 3. Compliance with previous approvals: Any PL On-going Standard Conditions of Approval for Tract 7453 that remain incomplete and that are related to development of Lot 3 shall be satisfied. 4. Time Extension. The original approving PL One year Standard decision-maker may, upon the Applicant's written following request for an extension of approval prior to approval date 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 six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the particular Permit. 4 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 5. Effective Date. This Site Development Review PL Ongoing Standard approval becomes effective 10 days after action by the Planning Commission. 6. Revocation of permit. The permit shall be PL Ongoing Standard revocable for cause in accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Required Permits. Applicant/Developer shall PL, PW Issuance of Standard comply with the City of Dublin Zoning Ordinance Building Permits and obtain all necessary permits required by other agencies (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) and shall submit copies of the permits to the Public Works Department. 8. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Building Permits Alameda County Fire, Dublin Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 9. Modifications: The Community Development PL On-going Standard Director may consider modifications or changes to this Site Development Review approval if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 10. Satellite Dishes: The Applicant/Developer's PL Issuance of Project Architect shall prepare a plan for review and building permit Specific approval by the Director of Community Development and the Building Official that provides a consistent and unobtrusive location for the placement of satellite dishes. Individual conduit will be run on the interior of the unit to the 5 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: satellite location on the exterior of the building. The plan shall show a common and consistent location for satellite dish placement to eliminate the over proliferation, haphazard and irregular placement. 11. Indemnification: The Applicant/Developer shall PL, B Ongoing Standard defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City 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. 12. Clean up. The Applicant/Developer shall be PL Ongoing Standard responsible for clean-up and disposal of project related trash and for maintaining a clean, litter- free site. 13. Controlling Activities. The Applicant /Developer PO, PL Ongoing Standard shall control all activities on the project site so as not to create a nuisance to the surrounding residences. 14. Noise/Nuisances. No loudspeakers or amplified PO, PL Ongoing Standard music shall be permitted to project or be placed outside of the residential buildings during construction. _ 15. Accessory Structures. The use of any PL, B, Ongoing Standard accessory structures, such as storage sheds or F trailer/container units used for storage or for any other purpose during construction, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. 16. Final building and site development plans shall PL Issuance of Project be reviewed and approved by the Community building permit Specific 6 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Development Department staff prior to the issuance of a building permit. All such plans shall insure: a. That standard residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including air conditioning condensers, electrical and gas meters, is architecturally screened from view, and that electrical transformers are either underground or architecturally screened. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. i. That all other public agencies that require review of the project are supplied with copies of the final building and site plans and that NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: compliance is obtained with at least their minimum Code requirements. 17. Fees. The Applicant/Developer shall pay all PW Zone 7 and Standard applicable fees in effect at the time of building Parkland In-Lieu permit issuance including, but not limited to, Fees Due Prior Planning fees, Building fees, Dublin San Ramon to Filing Each Services District fees, Public Facilities fees, Final Map; Other Dublin Unified School District School Impact fees, Fees Required Public Works Traffic Impact fees, City of Dublin with Issuance of Fire Services fees, Noise Mitigation fees, Building Permits Inclusionary Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees, and any other fees either in effect at the time and/or as noted in the Development Agreement. 18. Sound Attenuation. The project shall comply PL Issuance of Project with the sound attenuation measures (mitigation Building Permits Specific measures) recommended in the sound study dated 25-February-2013 by Charles M. Salter Associates. 19. Affordable Housing Agreement. The project is Ongoing Project subject to an Affordable Housing adopted by Specific Ordinance 08-03. 20. Final landscape plans, irrigation system plans, PL Issuance of Standard tree preservation techniques, and guarantees, building permit shall be reviewed and approved by the Dublin Planning Division prior to the issuance of the building permit. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick 8 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the master vesting tentative map and conditions detailed in the Site Development Review packet. g. That all cut and fill slopes graded and not constructed by September 1, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree, if applicable. i. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. j. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. 21. Water Efficient Landscaping Regulations: The PL Ongoing Standard Applicant shall meet all requirements of the City of Dublin's Water-Efficient Landscaping Regulations, Section 8.88 of the Dublin Municipal Code.[PN] 22. Landscape Plans. Civil Improvement Plans, PL Ongoing Standard Joint Trench Plans, Street Lighting Plans and Landscape Improvement Plans shall be submitted on the same size sheet and plotted at the same drawing scale for consistency, improved legibility and interdisciplinary coordination. 23. Utilities. Utilities shall be coordinated with PL Ongoing Standard proposed tree placements to eliminate conflicts between trees and utilities. Utilities may have to be relocated in order to provide the required 9 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: separation between the trees and utilities. 24. Open Space Areas. The open space area shall PL Ongoing Standard be planted and irrigated to create landscape that is attractive, conserves water, and requires minimal maintenance. 25. Plant Clearances. All trees planted shall meet PL Ongoing Standard the following clearances: a. 6' from the face of building walls or roof eaves. b. 7' from fire hydrants, storm drains, sanitary sewers and/or gas lines. c. 5' from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. 15' from stop signs, street or curb sign returns. e. 15' from either side of street lights. 26. Cut and Fill Areas. Cut and fill slopes graded PL Ongoing Standard and not landscaped by September 1, of any given year shall be hydroseeded with an approved native erosion control grass seed mix and that stockpiles of loose soil existing on that date are hydroseeded in the same manner. 27. Irrigation System Warranty. The applicant shall PL Ongoing Standard warranty the irrigation system and planting for a period of one year from the date of installation. The applicant shall submit for the Dublin Community Development Department approval a landscape maintenance plan for the Common Area landscape including a reasonable estimate of expenses for the first five years 28. Walls and Fences. Applicant shall work with PL Ongoing Standard staff to prepare a fencing and wall plan that is consistent with Dublin Municipal Code and adjacent subdivisions. 29. Sustainable Landscape Practices: The PL Ongoing Standard landscape design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning a minimum of 60 points or more on the Bay-Friendly scorecard and specifying that 75% of the non-turf planting only requires occasional, little or no shearing or summer water once established. 30. Public Art Project: If the project is required to P&CS Issuance of Project comply with Sections 8.58.05A and 8.58.05D of building permits Specific 10 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Chapter 8.58 (Public Art Program) of the Dublin Zoning Municipal Code then the Applicant/Developer has Ord Chp elected to pay an in-lieu fee in accordance with 8.58 Chapter 8.58 of the Dublin Municipal Code and shall comply with the Public Art Compliance Report submitted by Applicant/Developer, dated March 4, 2013 and on file with the Planning Department. The value of the public art project is required to equal or exceed 0.5% of the building valuation (exclusive of land) for the project. The Building Official has determined that the total building valuation of the project (exclusive of land) is $62,366,084.00. Therefore, Applicant/Developer will pay a public art fee valued at a minimum amount of$311,830.42. 31. General Public Works Conditions of Approval: PW Ongoing Standard Developer shall comply with the City of Dublin C of A General Public Works Conditions of Approval unless specifically modified by these Conditions of Approval. 32. Street Lighting Maintenance Assessment PW Final Map Standard District: The Developer shall request the area to C of A be annexed into a subzone of the Citywide Street Lighting Maintenance Assessment District and shall provide any exhibits required for the annexation. In addition Developer shall pay all administrative costs associated with processing the annexation. 33. Long Term Encroachment Agreement: The PW Final Map Project Developer shall enter into an "Agreement for Long Specific Term Encroachments" with the City to allow the HOA to maintain the landscape and decorative features within public Right of Way including frontage & median landscaping, decorative pavements and special features (i.e., walls, portals, benches, etc.) as generally shown on Site Development Review exhibits. The Agreement shall identify the ownership of the special features and maintenance responsibilities. The property owner will be responsible for maintaining the surface of all decorative pavements including restoration required as the result of utility repairs. 34. Joint Trench: The developer shall complete the PW Final Map Project Specific installation of the joint trench along the Brannigan NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Street as needed. 35. Storm Drain Treatment Measures: The PW Final Map Project developer shall install storm drain treatment Specific measures that comply with Section C.10 of the Municipal Regional Permit for Stormwater with regards to trash capture. The location and type of measures shall be approved by the City Engineer. Measures located on-site shall be maintained by the HOA; measures located within the public right- of-way and that accept public street runoff will be maintained by the City. 36. Traffic Impact Fees: The developer shall be PW Issuance of Standard responsible for payment of the Eastern Dublin Building Permits C of A Traffic Impact Fee (Sections 1 and 2), the Eastern Dublin 1-580 Interchange Fee, and the Tri-Valley Transportation Development Fee. Fees will be payable at issuance of building permits. 37. Eastern Dublin Traffic Impact Fee Minimum PW Issuance of Standard Payment: The developer shall be responsible for Building Permits C of A payment of a minimum portion of the Eastern Dublin Traffic Impact Fee in cash (11% Category 1 and 25% of Category 2), as specified in the resolution establishing the Eastern Dublin Traffic Impact Fee. These minimum cash payment shall be in addition to any other payment noted in these conditions and may not be offset by fee credits. PUBLIC WORKS GENERAL CONDITIONS OF APPROVAL 38. The Developer shall comply with the Subdivision PW Ongoing Standard Map Act, the City of Dublin Subdivision, and C of A Grading Ordinances, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). 39. The Developer shall defend, indemnify, and hold PW Ongoing Standard harmless the City of Dublin and its agents, C of A officers, and employees from any claim, action, or proceeding against the City of Dublin or its 12 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City related to this project (Tract 8024) to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 40. In the event that there needs to be clarification to PW Ongoing Standard these Conditions of Approval, the Director of C of A Community Development and the City Engineer have the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The Director of Community Development and the City Engineer also have the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or mitigations resulting from impacts of this project. AGREEMENTS AND BONDS 41. The Developer shall enter into a Tract PW First Final Map Standard Improvement Agreement with the City for all and Successive C of A public improvements including any required offsite Maps storm drainage or roadway improvements that are needed to serve the Tract that have not been bonded with another Tract Improvement Agreement. 42. The Developer shall provide performance (100%), PW First Final Map Standard and labor & material (100%) securities to and Successive C of A guarantee the tract improvements, approved by Maps the City Engineer, prior to execution of the Tract Improvement Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the performance security.) FEES 13 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 43. The Developer shall pay all applicable fees in PW Zone 7 and Standard effect at the time of building permit issuance Parkland In-Lieu C of A including, but not limited to, Planning fees, Fees Due Prior Building fees, Dublin San Ramon Services District to Filing Each fees, Public Facilities fees, Dublin Unified School Final Map; District School Impact fees, Public Works Traffic Other Fees Impact fees, Alameda County Fire Services fees; Required with Noise Mitigation fees, Inclusionary Housing In- Issuance of Lieu fees; Alameda County Flood and Water Building Permits Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees either in effect at the time and/or as noted in the Development Agreement. 44. The Developer shall dedicate parkland or pay in- PW Each Final Map Standard lieu fees in the amounts and at the times set forth C of A in City of Dublin Resolution No. 214-02, or in any resolution revising these amounts and as implemented by the Administrative Guidelines adopted by Resolution 195-99. PERMITS 45. Developer shall obtain an Encroachment Permit PW Start of Work Standard from the Public Works Department for all C of A construction activity within the public right-of-way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. 46. Developer shall obtain a Grading / Sitework PW Start of Work Standard Permit from the Public Works Department for all C of A grading and private site improvements that serves more than one lot or residential condominium unit. 47. Developer shall obtain all permits required by PW Start of Work Standard other agencies including, but not limited to C of A Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. SUBMITTALS 48. All submittals of plans and Final Maps shall PW Approval of Standard comply with the requirements of the "City of improvement C of A Dublin Public Works Department Improvement plans or Final Plan Submittal Requirements", and the "City of Map 14 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Dublin Improvement Plan Review Check List". 49. The Developer will be responsible for submittals PW Approval of Standard and reviews to obtain the approvals of all improvement C of A participating non-City agencies. The Alameda plans or Final County Fire Department and the Dublin San Map Ramon Services District shall approve and sign the Improvement Plans. 50. Developer shall submit a Geotechnical Report, PW Approval of Standard which includes street pavement sections and improvement C of A grading recommendations. plans, grading plans, or final map 51. Developer shall provide the Public Works PW Acceptance of Standard Department a digital vectorized file of the "master" improvements C of A files for the project when the Final Map has been and release of approved. Digital raster copies are not bonds acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. EASEMENTS 52. The Developer shall obtain abandonment from all PW Approval of Standard applicable public agencies of existing easements improvement C of A and right of ways within the development that will plans or no longer be used. appropriate final map 53. The Developer shall acquire easements, and/or PW Approval of Standard obtain rights-of-entry from the adjacent property improvement C of A owners for any improvements on their property. plans or The easements and/or rights-of-entry shall be in appropriate final writin• and cosies furnished to the Cit En•ineer. ma• GRADING 54. The Grading Plan shall be in conformance with PW Approval of Standard the recommendations of the Geotechnical Report, grading plans or C of A the approved Tentative Map and/or Site issuance of Development Review, and the City design grading permits, standards & ordinances. In case of conflict and ongoing between the soil engineer's recommendations and City ordinances, the City Engineer shall determine which shall apply. 15 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 55. A detailed Erosion Control Plan shall be included PW Approval of Standard with the Grading Plan approval. The plan shall grading plans or C of A include detailed design, location, and issuance of grading permits, maintenance criteria of all erosion and sedimentation control measures. and ongoing 56. Tiebacks or structural fabric for retaining walls PW Approval of Standard shall not cross property lines, or shall be located a grading plans or C of A minimum of 2' below the finished grade of the issuance of grading permits, upper lot. and ongoing 57. Bank slopes along public streets shall be no PW Approval of Standard steeper than 3:1 unless shown otherwise on the grading plans or C of A Tentative Map Grading Plan exhibits. The toe of issuance of grading any slope along public streets shall be one foot permits, ongoing of walkway. The top of any slope along and ongoing public streets shall be three feet back of walkway. Minor exception may be made in the above slope design criteria to meet unforeseen design constraints subject to the approval of the City Engineer. IMPROVEMENTS 58. The public improvements shall be constructed PW Approval of Standard generally as shown on the Tentative Map and/or improvement C of A Site Development Review. However, the approval plans or start of of the Tentative Map and/or Site Development construction, Review is not an approval of the specific design of and ongoing the drainage, sanitary sewer, water, and street improvements. 59. All public improvements shall conform to the City PW Approval of Standard of Dublin Standard Plans and design improvement C of A requirements and as approved by the City plans or start of Engineer. construction, and ongoing 60. Public streets shall be at a minimum 1% slope PW Approval of Standard with minimum gutter flow of 0.7% around improvement C of A bumpouts. Private streets and alleys shall be at plans or start of minimum 0.5% slope. construction, and ongoing 61. Curb Returns on arterial and collector streets shall PW Approval of Standard be 40-foot radius, all internal public streets curb improvement C of A returns shall be 30-foot radius (36-foot with bump plans or start of outs) and private streets/alleys shall be a and ongoing n, a minimum 20-foot radius, or as approved by the and ongoi City Engineer. Curb ramp locations and design shall conform to the most current Title 24 and Americans with Disabilities Act requirements and 16 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: as approved by the City Traffic Engineer. 62. The Developer shall install all traffic signs and PW Occupancy of Standard pavement marking as required by the City units or C of A Engineer. acceptance of improvements 63. Street light standards and luminaries shall be PW Occupancy of Standard designed and installed per approval of the City Units or C of A Engineer. The maximum voltage drop for Acceptance of streetlights is 5%. Improvements 64. All new traffic signals shall be interconnected with PW Occupancy of Standard other new signals within the development and to Units or C of A the existing City traffic signal system by hard wire. Acceptance of Improvements 65. The Developer shall construct bus stops and PW Occupancy of Standard shelters at the locations designated and approved Units or C of A by the LAVTA and the City Engineer. The Acceptance of Developer shall pay the cost of procuring and Improvements installing these improvements. 66. Developer shall construct all potable and recycled PW Occupancy of Standard water and sanitary sewer facilities required to Units or C of A serve the project in accordance with DSRSD Acceptance of master plans, standards, specifications and Improvements requirements. 67. Fire hydrant locations shall be approved by the PW Occupancy of Standard Alameda County Fire Department. A raised Units or C of A reflector blue traffic marker shall be installed in Acceptance of the street opposite each hydrant. Improvements 68. The Developer shall furnish and install street PW Occupancy of Standard name signs for the project to the satisfaction of Units or C of A the City Engineer. Acceptance of Improvements 69. Developer shall construct gas, electric, cable TV PW Occupancy of Standard and communication improvements within the Units or C of A fronting streets and as necessary to serve the Acceptance of project and the future adjacent parcels as Improvements approved by the City Engineer and the various Public Utility agencies. 70. All electrical, gas, telephone, and Cable TV PW Occupancy of Standard utilities, shall be underground in accordance with Units or C of A the City policies and ordinances. All utilities shall Acceptance of be located and provided within public utility Improvements easements and sized to meet utility company standards. 71. All utility vaults, boxes and structures, unless PW Occupancy of Standard s•ecificall a••roved otherwise b the Cit units or C of A 17 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Engineer, shall be underground and placed in acceptance of landscape areas and screened from public view. improvements Prior to Joint Trench Plan approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. CONSTRUCTION 72. The Erosion Control Plan shall be implemented PW Ongoing as Standard between October 15th and April 15th unless needed C of A otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acceptance of the subdivision improvements. 73. If archaeological materials are encountered during PW Ongoing as 1993 construction, construction within 30 feet of these needed EDEIR materials shall be halted until a professional MM Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. 74. Construction activities, including the maintenance PW Ongoing as Standard and warming of equipment, shall be limited to needed C of A Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-by- case basis. 75. Developer shall prepare a construction noise PW Start of Standard management plan that identifies measures to be construction C of A taken to minimize construction noise on implementation surrounding developed properties. The plan shall ongoing as include hours of construction operation, use of needed mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction 76. Developer shall prepare a plan for construction PW Start of Standard traffic interface with public traffic on any existing construction; C of A 18 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: public street. Construction traffic and parking may implementation be subject to specific requirements by the City ongoing as Engineer. needed 77. The Developer shall be responsible for controlling PW Ongoing Standard any rodent, mosquito, or other pest problem due C of A to construction activities. 78. The Developer shall be responsible for watering PW Start of Standard or other dust-palliative measures to control dust construction; C of A as conditions warrant or as directed by the City implementation Engineer. Ongoing as needed 79. The Developer shall provide the Public Works PW Issuance of Standard Department with a letter from a registered civil Building Permits C of A engineer or surveyor stating that the building pads or Acceptance have been graded to within 0.1 feet of the grades of shown on the approved Grading Plans, and that Improvements the top & toe of banks and retaining walls are at the locations shown on the approved Grading Plans. NPDES 80. Prior to any clearing or grading, the Developer PW Start of Any Standard shall provide the City evidence that a Notice of Construction C of A Intent (NOI) has been sent to the California State Activities Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be kept at the construction site. 81. The Storm Water Pollution Prevention Plan PW SWPPP to be Standard (SWPPP) shall identify the Best Management Prepared Prior C of A Practices (BMPs) appropriate to the project to Approval of construction activities. The SWPPP shall include Improvement the erosion control measures in accordance with Plans: the regulations outlined in the most current Implementation version of the ABAG Erosion and Sediment Prior to Start of Control Handbook or State Construction Best Construction Management Practices Handbook. The Developer and Ongoing as is responsible for ensuring that all contractors Needed implement all storm water pollution prevention measures in the SWPPP. 82. The Property Owner shall enter into an agreement PW First Final Map; Standard with the City of Dublin that guarantees the Modify as C of A perpetual maintenance obligation for all storm needed with water treatment measures installed as part of the Successive project. Said agreement is required pursuant to Maps Provision C.3.h. of RWQCB Order R2-2009-0074 19 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: for the issuance of the Alameda Countywide NPDES municipal storm water permit. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. This condition shall not apply if the water quality treatment measures are maintained by a GHAD or other •ublic entit . 83. Building Codes and Ordinances: All project B Through Standard construction shall conform to all building codes Completion and ordinances in effect at the time of building permit. 84. Retaining Walls: All retaining walls over 30 B Through Standard inches in height and in a walkway area shall be completion provided with guardrails. All retaining walls located on private property, over 24 inches, with a surcharge, or 36 inches without a surcharge, shall obtain permits and inspections from the Building Division. 85. Phased Occupancy Plan: If occupancy is B Occupancy of Standard requested to occur in phases, then all physical any affected improvements within each phase shall be required building to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Community Development Department. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Community Development Director, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of 20 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: the deferred landscaping and associated improvements. 86. Building Permits: To apply for building permits, B Issuance of Standard Applicant/Developer shall submit seven (7) sets of building permit construction plans to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 87. Construction Drawings: Construction plans B Issuance of Standard shall be fully dimensioned (including building building permit elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. 88. Air Conditioning Units: Air conditioning units B Occupancy of Standard and ventilation ducts shall be screened from unit public view with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building Official and Community Development Director. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less than 36 inches. Air conditioning units shall be located in accordance with the PD text. 89. Temporary Fencing: Temporary Construction B Through Standard fencing shall be installed along the perimeter of all completion work under construction. 90. Addressing: B Issuance of Standard a. Provide a site plan with the City of Dublin's building permit address grid overlaid on the plans (1 to 30 and through scale). Highlight all exterior door openings on completion plans (front, rear, garage, etc.). (Prior to 21 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: release of addresses) b. Provide plan for display of addresses. The Building Official and Director of Community Development shall approve plan prior to issuance of the first building permit. (Prior to permitting) c. Address signage shall be provided as per the Dublin Residential Security Code. (Occupancy of any Unit). d. Exterior address numbers shall be backlight and be posted in such a way that they can be seen from the street. e. An approved apartment unit-numbering plan shall be incorporated into the construction drawings. Applicant shall submit separately for apartment number review. 91. Engineer Observation: The Engineer of record B Scheduling the Standard shall be retained to provide observation services final frame for all components of the lateral and vertical inspection design of the building, including nailing, hold downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. 92. Foundation: Geotechnical Engineer for the soils B Through Standard report shall review and approve the foundation completion design. A letter shall be submitted to the Building Division on the approval. 93. Green Building: Green Building measures as B Through Standard detailed may be adjusted prior to master plan completion check application submittal with prior approval from the City's Green Building Official. Provided that the design of the project complies with the City of Dublin's Green Building Ordinance and State Law as applicable. In addition, all changes shall be reflected in the Master Plans. (Through Completion) The Green Building checklist shall be included in the master plans. The checklist shall detail what Green Points are being obtained and where the information is found within the master plans. (Prior to first permit) 22 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Prior to each unit final, the project shall submit a completed checklist with appropriate verification that all Green Points required by 7.94 of the Dublin Municipal Code have been incorporated. (Through Completion) Homeowner Manual — if Applicant/Developer takes advantage of this point the Manual shall be submitted to the Green Building Official for review or a third party reviewer with the results submitted to the City. (Through Completion) Applicant/Developer may choose self-certification or certification by a third party as permitted by the Dublin Municipal Code. Applicant/Developer shall inform the Green Building Official of method of certification prior to release of the first permit in each subdivision / neighborhood. 94. Electronic File: The Applicant/Developer shall B Issuance of Standard submit all building drawings and specifications for building permit this project in an electronic format to the satisfaction of the Building Official prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. 95. Construction trailer: Due to size and nature of B Issuance of Standard the development, the Applicant/Developer, shall Building Permits provide a construction trailer with all hook ups for use by City Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the applicant/developer shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The Applicant/Developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the Applicant/Developer's expense. 96. Copies of Approved Plans: Applicant/Developer B 30 days after Standard shall provide City with 4 reduced (1/2 size) copies permit and each of the approved plan. revision issuance 97. Cool Roofs. Flat roof areas shall have their B Through Standard 23 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: roofing material coated with light colored gravel or completion painted with light colored or reflective material designed for Cool Roofs 98. Emergency Access. Access gates into the B Ongoing Standard garage shall be provided with an approved method for Police Department access, throughout the life of the project. When the code is changed the property management company shall notify the City of Dublin Crime Prevention Sergeant and Watch Commander at 925-833-6670, of the new code within 24 hours. 99. Emergency Responder Radio Coverage. All B Ongoing Standard buildings shall have approved radio coverage for emergency responders with the building. A radio repeating or other system, acceptable to the Chief of Police and Fire Marshall, shall be installed meeting the requirements of the Fire Code and the industry standard adopted by the East Bay Regional Communications Authority. 100. Multi-Housing Crime Free Program. The B Ongoing Standard property management company shall participate in the City of Dublin Police Department's Multi- Housin• Crime Free •ro•ram. 111 11111 . 1 101. Security During Construction. PO, B, During Standard a. Fencing — The perimeter of the construction PW construction site shall be fenced and locked at all times when workers are not present. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the Public Works Director. b. Address Sign - A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the perimeter street adjacent to construction activities. c. Emergency Contact — Prior to any phase of construction, Applicant/Developer will file with the Dublin Police Department an Emergency Contact Business Card that will provide 24- hour •hone contact numbers of •ersons 24 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: responsible for the construction site. d. Materials & Tools — Good security practices shall be followed with respect to storage of building materials and tools at the construction site. e. Security lighting and patrols shall be employed as necessary. 102. Graffiti. The Applicant/Developer shall keep the PO, PL Ongoing Standard site clear of graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. 103. Prior to issuance of any building permit, complete DSRSD Ongoing Standard 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. 104. All mains shall be sized to provide sufficient DSRSD Ongoing Standard capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. 105. Sewers shall be designed to operate by gravity DSRSD Ongoing Standard flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. 106. Domestic and fire protection waterline systems for DSRSD Ongoing Standard Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. 25 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 107. DSRSD policy requires public water and sewer DSRSD Ongoing Standard lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or replacement. 108. Prior to approval by the City of a grading permit or DSRSD Ongoing Standard a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. 109. All easement dedications for DSRSD facilities DSRSD Ongoing Standard shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. 110. Prior to approval by the City for Recordation, the DSRSD Ongoing Standard Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. 111. Prior to issuance by the City of any Building DSRSD Ongoing Standard Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection 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. 112. Prior to issuance by the City of any Building DSRSD Ongoing Standard Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, 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, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that 26 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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. 113. No sewer line or waterline construction shall be DSRSD Ongoing Standard permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in Condition No. 9 have been satisfied 114. The applicant shall hold DSRSD, its Board of DSRSD Ongoing Standard Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project 115. Improvement plans shall include recycled water DSRSD Ongoing Standard improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. 116. Above ground backflow prevention DSRSD Ongoing Standard devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. The applicant shall minimize the number of backflow prevention devices/double detector check valves installed on its fire protection system. The applicant shall minimize the visual impact of the backflow prevention devices/double detector check valves through strategic placement and landscaping. PASSED, APPROVED AND ADOPTED this 12th day of March 2013 by the following vote: AYES: NOES: 27 ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:IPA#120121PLPA-2012-00040 The Groves-Phase 31PC Reso-SDR.doc 28