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HomeMy WebLinkAboutReso 149-03 Fairwy Ranch SDR RESOLUTION NO. 149 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING SITE DEVELOPMENT REVIEW AND DENSITY BONUS FOR PA 03-010, FAIRWAY RANCH AFFORDABLE HOUSING COMMUNITY WHEREAS, Dublin Ranch Holdings, LLC has requested approval of Site Development Review and a Density Bonus for PA 03-010, Fairway Ranch Affordable Housing Community, on approximately 24.78 gross acres (19.68 net acres) of land located in Dublin Ranch Area B, within the Eastern Dublin Specific Plan, between Dublin Boulevard and Central Parkway, East of Keegan Street (APN 985-0027-001) for the development of 930 residential dwelling units on three parcels of land, of which 322 are senior rental units, 304 are multi-family rental units, and 304 are for-sale condominiums; and WHEREAS, of the 322 senior rental umts, 292 units shall be affordable to very-low, low, and moderate income households; and of the 304 multi-family rental units, 243 units shall be affordable to very-low, low, and moderate income households; and of the 304 for-sale condominiums, 52 units shall be affordable to moderate income households; and WHEREAS, of the 292 affordable senior rental units, 64 units shall be restricted to very-low income households, 97 units shall be restricted to low income households, and 131 units shall be restricted to moderate income households all for a period of 55 years; and WHEREAS, of the 243 affordable multi-family rental umts, 63 traits shall be restricted to very-low income households, 90 umts shall be restricted to low income households, and 90 units shall be restricted to moderate income households all for a period of 55 years; and WHEREAS, of the 52 affordable for-sale condominiums, all 52 units shall be restricted to moderate income households all for a period of 55 years; and WHEREAS, the Applicant/Developer has submitted a complete application for a Site Development Review and a Density Bonus dated June 9, 2003 and on file in the Community Development Department, Planning Division for approval of development of 930 residential dwelling units on three parcels of land, of which 322 are senior rental umts, 304 are multi-family rental units, and 304 are for-sale condominiums as more specifically described in the preceding four "whereas" clauses (collectively, referred to as the "Project"); and WHEREAS, to comply with the City of Dublin Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68), 93 affordable units are required to be affordable for 55 years as follows: for the multi-family rental portion, 31 units; for the senior portion, 32 units; and for the condominium portion, 30 units; and, the affordable units within each portion are to be allocated as follows: 50% of which would be moderate-income units, 30% of which would be very-low income units and 20% of which would be low income units; and WHEREAS, the Applicant/Developer proposes to provide an additional 332 units to remain affordable for a period of 55 years in order to obtain affordable housing credits pursuant to Dublin Municipal Code (DMC) Chapter 8.68.060 and seeks Council approval to use such credits to satisfy the Inelusionary Zoning requirements for 2,655 future residential units within Dublin Ranch notwithstanding the fact that the units for which the Applicant/Developer would receive such credits are generally smaller in size than the affordable units which would be required for the 2,655 future residential units in Dublin Ranch and do not meet the allocation of affordable units between moderate, low and verydow income households contained in DMC Chapter 8.68.060; and WHEREAS, the Applicant/Developer proposes to provide an additional 162 units affordable for a period of 55 years for which the ApplicanffDeveloper would not receive credits under DMC Chapter 8.68.060 but for which the City Council would provide certain benefits, including the concentration of affordable units on the Project site, reduced bedroom sizes for the affordable units, different affordable mix between very-low, low and moderate, a loan in the amount of $4.5 million (split between the multi-family and senior phases), and a waiver of possible commercial linkage fees; and WHEREAS, the Applicant has requested that the Council fred, pursuant to DMC Section 8.68.040.E, that the Project as proposed meets the purposes of the Inclusionary Zoning Regulations and that the Council partially waive the requirements of the Inclusionary Zoning Regulations to the extent that the Project, as proposed, is inconsistent with such Regulations; and WHEREAS, the Applicant/Developer also proposes a Density Bonus of 186 traits pursuant to DMC Chapter 8.52 and proposes that 68 density bonus units will be located in the senior portion, 59 density bonus units in the multi-family portion, and 59 density bonus units in the for-sale condominium portion, thereby increasing the total density on the site from 744 units, which is the maximum permitted density pursuant to PA 96-039, Dublin Ranch Areas B-E Planned Development District and Land Use and Development Plan/District Planned Development Plan, to 930 units; and WHEREAS, to be entitled to a Density Bonus and two concessions pursuant to DMC Chapter 8.52 and state law (Government Code Section 65915), the Applicant/Developer has to agree to construct at least 20% (149) of the units for low income households and 10% (74) of the units for very low income households, for a total of 223 low and very low income units, and such units must be affordable for 30 years at rents of 30% of 60% of area median income for low income units and 30% of 50% of area median income for very-low income units; and WHEREAS, the Applicant/Developer has requested the following concessions under the Density Bonus ordinance (DMC Chapter 8.52), mixed use zoning for 5,000 square feet of retail, and expedited processing; and WHEREAS, the Applicant/Developer has requested the Council to count the affordable units required by the Inclusionary Zoning Ordinance and the 332 units for which the Applicant/Developer is requesting credits to qualify for a density bonus; and WHEREAS~ Pursuant to the California Enviromnental 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. This finding is based on a determination 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 thc Project were addressed by the Negative Declaration approved by the City Council in Resolution No. 140-97 for the Pianning Development Rezoning for 453 acres of Dublin Ranch which includes the Property and the Project and by the Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91103064) which was certified by the Council in Resolution No. 51-93 and the Addenda dated May 4, 1993 and August 22, 1994; and WHEREAS, the decision making authority for Site Development Review applications typically lies with the Planning Commission; and WHEREAS, the City of Dublin Zoning Ordinance, Section 8.96.020.C. 1-6 allows the Planning Commission to transfer hearing jurisdiction to the City Council at its discretion because of policy implications, unique or unusual circumstances, or the magnitude of the Project; and WHEREAS, a Staff Report was submitted to the Planning Commission on June 24, 2003 recommending referral of said application to the City Council; and WHEREAS, the Planning Commission did hold a public hearing on said application; and WHEREAS, proper notice of said heating was given in all respects as required by law; and WHEREAS, the Planning Commission adopted a Resolution referring the approval, conditional approval, or denial of application PA 03-010, Fairway Ranch Site Development Review and Density Bonus related amendments, and time extensions of permits to the City Council; and WHEREAS, a Staff Report was submitted to the City Council on July 1, 2003 recommending approval of said application; and WHEREAS, the City Council did hold a public hearing on said application; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the City Council did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of Dublin does hereby make the following findings and determinations regarding the proposed Site Development Revie~v and Density Bonus: 1. The approval of this application (PA 03-010), as conditioned, is consistent with the intent/purpose of Section 8.104 (Site Development Review) and Section 8.54 (Density Bonus Regulations) of the Dublin Zoning Ordinance and design review requirements of the Eastern Dublin Specific Plan. 2. The approval of this application, as conditioned, complies with the policies of the General Plan, with the Eastern Dublin Specific Plan and with Planned Development Regulations for the site which would allow high density housing at this location. 3. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans. 4. The approval of this application, as conditioned, is in the best interests of the public health, safety and general welfare as the development is consistent with all laws and ordinances and implements the Eastern Dublin Specific Plan. 5. 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, has been designed to provide a desirable environment for the development. 6. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, signs, building materials and colors, screening of exterior appurtenances, exterior lighting and similar dements have been incorporated into the Project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of surrounding development. 7. 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. 3 8. The Project, as conditioned, qualifies for a density bonus of 186 units because more than 5 dwelling units will be provided and more than 20% of the proposed units will be restricted for low income households, and more than 10% of the proposed units will be restricted for very-low income households for 30 years in accordance with Dublin Mumcipal Code Chapter 8.52 by the conditions of approval for this Site Development Review. The density bonus units will be located as follows: 68 density bonus units will be located in the senior portion, 59 density bonus units in the multi- family portion, and 59 density bonus units in the for-sale condominium portion, thereby increasing the total density on the site from 744 umts, which is the maximum permitted density pursuant to PA 96-039, Dublin Ranch Areas B-E Planned Development District and Land Use and Development Plan/District Planned Development Plan, to 930 units. 9. The Project, as conditioned, complies with the City of Dublin Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68) for the 24.78 acre site on which it will be constructed (APN 985-0027-001) in that a minimum of 93 affordable units (with 50% of the 93 units being affordable for moderate income households, 20% of the 93 units being affordable to low income households and 30% of the 93 units being affordable to very-low income households), are required to be affordable for 55 years on all three parcels or, if the Condominium portion is constructed before completion of either of the senior or multi-family phases, the developer will be required to provide the required number of Inclusionary units in accordance with DMC Chapter 8.68 in the condominium portion. 10. The Applicant/Developer shall be entitled to affordable housing credits pursuant to Dublin Municipal Code Chapter 8.68.040.D for the additional 332 affordable units, provided a legally- binding document is recorded against the property in "first position" no later than issuance of the first building permit for the Project ensuring that the 332 units will remain affordable for 55 years, as such units are proposed as between moderate, low and very low income units. Such credits may be used to satisfy the Inclusionary Zoning requirements for 2,655 future residential units (69 moderate, 170 low, and 93 very-low income units) within Dublin Ranch notwithstanding the fact that the units for which the Applicant/Developer would receive such credits are concentrated in one location, are generally smaller in size than the affordable units which would be required for the 2,655 future residential units in Dublin Ranch and do not meet the allocation of affordable units between moderate, low and very-low income households contained in Dublin Mumcipal Code Chapter 8.68.060. The credits will terminate in 30 years if unused. 11. The Applicant/Developer will not be entitled to affordable housing credits pursuant to Dublin Municipal Code Chapter 8.68.040.D for the additional 162 units which will be affordable for a period of 55 years but, provided a legally-binding document is recorded against the property in "first position" no later than issuance of the first building permit for the Project ensuring that the 332 units will remain affordable for 55 years, as such units are proposed as between moderate, low and very- low income, the City Council will provide certain benefits, including the concentration of affordable units on the Project site, reduced bedroom sizes for the affordable units, different affordable mix between very-low, low and moderate, a loan in the amount of $4.5 million (split between the multi- family and senior phases), and a waiver of possible commercial linkage fees. BE IT FURT'ItER RESOLVED THAT THE Dublin City Council hereby conditionally approves the Site Development Review and Density Bonus application for PA 03-010 to develop 930 residential dwellings umts on Parcels 1, 2, and 3 of APN 985-0027-001 as generally depicted by materials labeled Exhibit 1, Fairway Ranch Residential Comtnunity at Dublin Ranch, Vesting Tentative Map and Site Development Review, prepared by MacKay & Somps, dated June 2003, stamped "approved" and on file in the City of Dublin Planning Department. This approval shall conform generally to Exhibit 1 except as specifically modified by the Conditions of Approval contained below: 4 CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval .qhall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning, [B] Building, [PO] Police, [PW] Pubhc Works [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community_ Services, IF] Alameda County_ Fire Department, IDSR] Dublin San Ramon Services District, [LDD], Livermore Dublin Disposal, [CO] Alameda County_ Department of Environmental Health, [Zone 7], Alameda County_ Flood Control and Water Conservation District, Zone 7, [LAVTA], Livermore Amador Valley Transit Authority, [CHS], California Department of Health Services. WHEN RESP. REQUIRED SOURCE NO. CONDITION TEXT AGENCY Prior to: GENERAL CONDITIONS 1. Building Permit Submittal. Final building and site development plans PL, B, Issuance of shall be reviewed and approved by the Community Development PO Building Department prior to the issuance of building permits for the respective Permits for the component (Seniorl Multi-Family or Condo) of the Project. All such respective plans shall insure: component a. That standard commercial or residential security requirements as (Senior, Multi- established by the Dublin Police Department are provided. Family, or b. That ramps, special parking spaces, signing, and other appropriate Condo) of the physical features for the disabled, are provided throughout the Project Project for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls. d. That exterior lighting for the Project is not directed onto adjacent properties and all light sources are shielded from direct off-site hewing. e. That all mechanical equipment, including electrical and gas meters, are architecturally screened from view, and that electrical transformers are either underground or architecturally screened. f. That all trash enclosures are of a sturdy material (preferably masonry) and in harmony with the architecture of the building(s). g. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. h. That all materials and colors are to be as approved by the Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes to the approved plans, which affect the exterior character, shall be resubmitted to the Community Development Department for approval. i. That each parking space designated for compact cars be identified with a pavement marking reading "Small Car Only" or its equivalent, and additional signing be provided if necessary. j. That all exterior arclfitectural elements visible from view and not detailed on the plans be finished in a style and with materials in harmony with the exterior of the building. k. That all other public agencies that require review of the project be supplied with copies of the final building and site plans and that compliance be obtained with at least their minimum Code requirements. ' WItEN RESP. REQUIRED SOURCE NO. CONDITION TEXT AGENCY Prior to: 2. Landscape Plans. Final landscape plans, irrigation system plans, tree PL Issuance of presel~Tation techniques, and guarantees, shall be reviewed and approved Building by the Dublin Planning Department prior to the issuance of building Permits for the permits for the respective component (Senior, Multi-Family or Condo) respective of the Project. All such submittals shall insure: component a. That plant material is utilized which will be capable of healthy (Senior, Multi- growth within the given range of soil and climate. Family, or b. That proposed landscape screening is of a height and density so that Condo) of the it provides a positive visual impact within three years from the time Project of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces. f. That all cut and fill slopes in excess of 5 feet in height are rounded both horizontally and vertically. g. That all cut and fill slopes graded and not constructed on 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, ect., 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 trees. i. That a guarantee from the ground lessee/developer shall be required guaranteeing all slwabs 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 week abatement. 3. Final Inspection/Occupancy. Final inspection or occupancy will not be PL Final granted until all construction and landscaping for the respective Inspection or component of the Project is complete in accordance with approved plans Occupancy and the conditions required by the City. 4. Mitigation Monitoring Program. The Applicant/Developer shall PL On going comply with the Eastern Dublin Specific Plan Mitigation Monitoring Program including all mitigation measures, action programs, and implementation measures. 5. Permit Validity and Expiration. Approval of the Site Development PL On going Review is valid for the timetables identified in Section 8.104 of the Dublin Zoning Ordinance. The Site Development Review approval may be emended for a longer time period if so provided in the adopted Development Agreements for this Project. 6. Revocation of permit. The permit shall be revocable for cause in PL On going accordance with Chapter 8.96, Permit Procedures of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 6 ' RESP. WHEN REQUIRED SOURCE N°' CONDITION TEXT AGENCY Prior to: 7. Minor Modification of Plans and Amendments. Minor modifications PL On going in the project plans as shown in Exhibit 1, and minor amendments to this permit, are subject to review and written approval by the Community Development Director or desi~o~ated agent. $. Clean up. The Applicant/Developer shall be responsible for clean up PL On going and disposal of project related tmqh to maintain a clean, litter-free site. 9. Controlling Activities. The Applicant/Developer shall control all PO, PL Ongoing activities on the Project site so as not to create a nuisance to surrounding businesses and residences. 10. Accessory Structures. The use of any accessory structures, such as PL, B, F On going storage sheds, security trailers, trailer/container units used for storage or for any other purpose, shall not be allowed on the Project site at any time unless specifically permitted by a Temporary Use Permit. 11. Equipment Enclosures. All transformers, irrigation control boxes, PL BP backflow devices, valves, and similar appurtenances shall be enclosed in vaults or fencing and/or painted out or landscaped, as determined acceptable by the Community Development Director. The location of these items shall be indicated on the final landscape plans for each respective component of the Project. 12. Fees. Applicant/Developer shall pay all applicable processing and Various Various times, impact fees in effect at the time of building permit issuance, including, but no later but not limited to, Planning fees, Building fees, Eastern Dublin TIF, than issuance Freeway Interchange Fee, TVTC fees, Dublin San Ramon Services of Building District fees, Public Facilities fees, Dublin Unified School District Permits School Impact fees, Fire Facilities Impact fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 13. Requirements and Standard Conditions. The Applicant/Developer Various Prior to shall comply with applicable Alameda County Fire (or City of Dublin issuance of Fire), Dublin Public Works Department, Dublin Building Department, Building Dublin Police Service, Alameda County Flood Control District Zone 7, Permits 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 prior to building permit issuance. 14. Building Codes and Ordinances. All Project construction shall B Through conform to all building codes and ordinances in effect at the time of Completion building ]permit. 15. Retaining Walls. All retaining walls over 30 inches in height and in a B Through walkway shall be provided with guardrails. All retaining walls over 24 Completion inches with a surcharge or 36 inches without a surcharge shall obtain permits _and inspections from the Building Division. WHEN NO. CONDITION TExT RESP. REQUIRED SOURCE AGENCY Prior to: 16. Phased Occupancy Plan. If occupancy, for the Senior, Multi-Family or B, PL, Prior to Condominium component, is requested to occur in phases, then all PW Occupancy of any physical improvements within each phase of the respective component affected building shall be required 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 Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director 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 the parcel for 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 form remaining additional construction activity. Subject to approval and discretion of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 17. Building Permits. To apply for building permits, Applicant/Developer B Issuance of shall submit eight (8) sets of construction plans to the Building Division :Building Permits for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval and any agreements which include provisions applicable to issuance of a building permit, such as development agreements or improvement agreements. 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 participating non- City agencies prior to the issuance of building permits. 18. Construction Drawings. Construction plans shall be fully dimensioned B Prior to issuance (including building elevations) accurately drawn (depicting all existing of building and proposed conditions on site), and prepared and signed by a permits 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. 19. Air Conditioning Units. Air conditioning units and ventilation ducts B, PL Occupancy shall be screened from public view with materials compatible to the of Unit main building. Roof mounted units shall be secured and screened from public view to the satisfaction of the Building Official and the Director of Community Development. Ground mounted units shall be permanently installed on concrete pads or other non-movable materials to be approved by the Building Official and Director of Community Development. 20. Temporary Fencing. Temporary Construction fencing shall be B, PO Through installed along perimeter of all work under construction. Security Completion lighting and patrols shall be employed as necessary. 21. Fire Hydrant, Type. DSRSD standard steamer type (1-4,~" and 1-2~" F Improvement outlet) fire hydrant(s) are required. (CFC 2001, Section 903.4.2.) Plans RESP. I WHEN ' REQUIRED SOURCE NO. CONDITION TEXT AGENCY Prior to: FIRE CONDITIONS 22. Fire Hydrant, Location. Identify the fire hydrant locations by F Improvement installing reflective "blue dot" markers adjacent to the hydrant, 6 inches Plans off center from the middle of the street. (CFC 2001, Section 901.4.3). 23. Fire Hydrant, Signage. Fire hydrants shall be clearly identified as a no F Improvement Plans & parking area with signage and physical barriers. Occupancy 24. Fire Hydrant, Inspection. Prior to the commencement of storage or F On going framing, contact the City of Dublin, Fire Prevention Division, and the Public Works Department to schedule an inspection of roadways and fire hydranm. (CFC 2001, Section 8704.2 & 8704.3). 25. Fire Apparatus Roadways. Fire apparatus roadways must have a F On going minimum unobstructed width of 20 feet and an unobstructed, vertical clearance of not less than 13 feet 6 inches. Roadways under 36 feet wide shall be posted with signs or slmll have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: "NO STOPPING, FIRE LANE - CVC 22500.1". (CFC 2001, Section 902.2.2.1). Emergency Velficle Access Easement's (EVAE) shall be posted at both ends "Emergency Vetficle Access Only" to identify the EVAE for emergency personal. 26. Fire Apparatus Roadways, Installation. Fire apparatus roadways must F On going be installed, and fire hydrants in service, prior to the commencement of vertical framing or combustible storage placed on site. 27. Construction Traffic. Provide a plan that indicates the location of F Issuance of construction traffic and construction parking. Building Permits 28. Weed Abatement. Provide a weed abatement program before, during F On going and after construction for vegetation within 100 feet from combustible construction and 30 feet from the street and property lines. (CFC 2001, Section 1103.2.4). 29. Spark Arrestors. All construction equipment/machinery/devices with F On going internal combustion engines shall be equipped with approved spark arrestors while operating in thi8 Project area. 30. Fire Sprinkler System. An approved automatic fire sprinkler system F Building Plans shall be installed throughout. The system shall be designed to NFPA 13 and Occupancy standards. 31. Fire Sprinkler System, Plans: Plans, specifications, equipment lists F Issuance of and calculations for the required sprinkler system must be submitted to Building the Alameda County Fire Department, City of Dublin, Fire Prevention Permits Division, for review and approval prior to installation. A separate plan review fee will be collected upon review of these plans. (CFC, 2001, Sec. 1001.3) 32, Fire Sprinkler System, Monitoring. Sprinkler systems serving more F Issuance of than 100 heads shall be monitored by an approved central station, U.L. Building listed for fire alarm monitoring. The account shall be certificated. A Permits copy of the U.L. listing and certificate must be provided to the Alameda County Fire Department, City of Dublin, Fire Prevention Division, prior to scheduling the final test system. (CFC, 2001, Section 1003.3 as amended) 33. Standpipes. Standpipes are required for this Project. The required F On going standpipes shall be installed during construction in accordance with CBC section 904.6.2. 9 WHEN RESP. REQUIRED SOURCE NO, coNDITION TEXT AGENCY Prior to: 34. Underground Fire Service Line. Prior to installation, plans and F Improvement specifications for the underground fire service line must be submitted to Plans the Alameda County Fire Department, City of Dublin, Fire Prevention Division, for review and approval. (CFC, 2001, Sec. 1001.3) 35. Fire Alarm System. An approved fire alarm system shall be installed F Issuance of as per code for the specific type of occupancy. A separate submittal is Building required. Permits 36. Fire Extinguisher. Provide at least one 2A 10BC portable fire F Ongoing extinguisher for each 3000 sq. ft. of floor area. Travel distance to an extinguisher shall not exceed 75 feet of travel distance and shall not be between floors. (CFC, 2001, Sec. 1002.1) PARK,~ AND COMMUNITY SERVICES CONDITIONS 37. Public Facilities Fee. Developer shall pay a Public Facilities Fee PCS Permit Issuance established by City of Dublin Resolution No. 214-02, including any future amendments to such fee. Developer will pay such fees no later than the time of issuance of building permits and in the then-current amount of the fee. Developer may use the credits for payment of the Community Park Land portion of the Public Facilities Fee granted to the Lin Family by the Master Development Agreement in accordance with City's Public Facilities Fee Guidelines (Resolution 195-99). POLICE SERVICES CONDITIONS 38. Security Requirements. The applicant shall comply with all applicable PO Occupancy City of Dublin Residential and Non-Residential Security Requirements. 39. Addressing. Addressing and building numbers shall be visible from the PO Occupancy approaches to the buildings. 40. Posting of Signs. All entrances to the commercial area parking shall be PO Occupancy posted with appropriate signs per Sec. 22658(a) of the California Vehicle Code, to assist in removing vehicles at the property owner's/manager's request. 41. Posting of Signs, Private Streets & Fire Lanes. Private streets shall be PO Occupancy posted in accordance with the California Vehicle Code Section 22658, Sections 1 & 2. Fire Lanes shall also be posted in accordance with California Vehicle Code Section 22500.1. 42. Diagrammatic Map of Residential Complex. An illuminated PO Occupancy diagrammatic representation (map) of the residential complex shall also be placed at all driveway entrances. 43. Lighting Plan. The applicant shall submit a final lighting plan, for all PO Occupancy exterior lighting throughout the project, for approval by the Dublin Police. Lighting fixtures shall be of a vandal resistant type. 44. Graffiti. The applicant shall keep the site clear of graffiti vandalism on PO Occupancy a regular and continuous basis at all times. Graffiti resistant materials and should be used. On going 45. Theft Prevention & Security. The applicant shall work with the PO On going Dublin Police on an on-going basis to establish an effective theft prevention and security program. 46. Delineation of Uses. There shall be a delineation between the PO Occupancy residential and commercial uses on Parcel 2 (multi-family portion of the and Project). This can be accomplished with fixed or perceived bamers such On going as fences or landscaping. 47. Self Policing & Sense of Community. Primary living areas and PO Prior to windows of individual units should be focused for observation of Issuance of common use areas, adjacent units, recreational areas, and child play Building areas to provide self-policing and a sense of community. Permits 10 WHEN RESP, REQUIRED SOuRcE NO, CONDITION TEXT AGENCY Prior to: APPLICATION SPECIFIC CONDITIONS 48. Inclusionary Zoning Regulations. Thc Applicant shall comply with all AI)M, On going provisions of Chapter 8.68, Inclusionary Zoning Regulations of the PL Dublin Zoning Ordinance except as modified by these conditions of approval and/or an adopted Development Agreement. 49. Inclusionary Zoning Requirements - Senior Rental [lousing. The PL Through Applicant/Developer shall provide 64 very-low income units, 97 low- Completion income units, and 131 moderate-income units within the Senior and component of the Project. The type and location of these units are to be On going as shown in Exhibit 1, Fairway Ranch Residential Community at Dublin Ranch, Vesting Tentative Map and Site Development Review, prepared by MacKay & Somps, dated June 2003, stamped "approved" and on file in the City of Dublin Planning Department. Affordable units shall be constructed concurrently with market rate nnit~q. 50. Inclusionary Zoning Requirements - Multi-Family Rental ltousing. PL Through The Applicant/Developer shall provide 63 very-low income units, 90 Completion low-income units, and 90 moderate-income units within the Multi- and Family component of the Project. The type and location of these units On going are to be as shown in Exhibit 1, Fairway Ranch Residential Community at Dublin Ranch, Vesting Tentative Map and Site Development Review, prepared by MacKay & Somps, dated June 2003, stamped "approved" and on file in the City of Dublin Planning Department. Affordable units shall be constructed concurrently with market rate units. 51. Inclusionary Zoning Requirements For-Sale Condominium PL Through Housing. The Applicant/Developer shall provide 52 moderate-income Completion units within the Condominium component of the Project. The type and and location of these units are to be as shown in Exhibit 1, Fairway Ranch On going Residential Community at Dublin Ranch, Vesting Tentative Map and Site Development Review, prepared by MacKay & Somps, dated June 2003, stamped "approved" and on file in the City of Dublin Planning Department. Affordable units shall be constructed concurrently with market rate units. 52. Density Bonus Regulations. The Applicant shall comply with all PL On going provisions of Chapter 8.52, Density Bonus Regulations of the Dublin Zoning Ordinance except as modified by these conditions of approval and/or an adopted Development Agreement. 53. Density Bonus Units. The 186 Density Bonus units shall be dispersed PL On going throughout the Project as follows: 68 units in the Senior component, 59 in the Multi-Family component, and 59 in the Condominium component. In order to qualify for these units, 10% of the total Project units must be constructed as affordable to very low income households and 20% of the total Project umts must be constructed as affordable for low income households, all for a period of 30 years from the date of final occupancy. Restricted units shall be constructed concurrently with or prior to the construction of non-restricted units. (Dublin Zoning Ordinance Section 8.52, Density Bonus Regulations) 54. Affordable Housing Agreement. The Applicant shall enter into an ADM, Issuance of any affordable housing agreement (or a regulatory agreement or such other PL Project legal mechanism satisfactory to the City Attorney) with the City to building ensure that the affordable units required by Conditions 49, 50 and 51 permits remain affordable for 55 years and that other provisions of Chapter 8.68 of the Dublin Municipal Code (the Inclusionary Zoning Regulations) and Chapter 8.52 of the Dublin Mnnicipal Code (the Density Bonus 11 WItEN RESP. ~ REQUIRED SOURCE NO. CONDITION TEXT AGENCY Prior to: Ordinance) arc satisfied, inchiding provisions relating to priorities in the rental or sale of affordable units as set forth in Section 8.68.050 of the Dublin Municipal Code. Such agreement (or other legal mechanism) shall be recorded to ensure it has priority over and is not subordinate to any other recorded document affecting the property. 55. Project Phasing - Condominiums. Prior to the issuance of building ADM, Through permits for any building or structure within the Condominium PL Completion component of the Project, certificates of occupancy must be obtained for and On going all units comprising the Senior component or the Multi-family component of the Project and the affordable units to be constructed as part of those components must have been constructed and made available for occupancy by eligible households at affordable housing cost ra accordance with the requirements in the Regulatory Agreements OR the Developer shall enter into an enforceable agreement with the City that restricts the occupancy of units within the Condominium component to provide for 19 moderate income units, 8 low income units, and 11 very low income unit~q, 56. Project Phasing - Senior or Multi-Family. If the Developer constructs ADM, Through the Senior or Multi-Family component in phases, each phase shall PL Completion include affordable units which are available for occupancy to eligible and On going very low, low and moderate income households in such numbers as shown on Exhibit 1 of the Site Development Review approval. 57. Master Sign Program. A Master Sign Program shall be applied for PL Occupancy and approved for Project related signage. Project related signage for all three phases of the Project shall be included in one Master Sign Pro,am. 58. Final Landscape Plans. A final landscape plan shall be approved by PL Building the City's Landscape Architect, including planting and irrigation Permit components. The developer shall pay a deposit to the Planning Department to have land.qcape plan,q checked. 59. Colors. The exterior paint colors of the buildings are subject to City PL Occupancy review and approval. The Applicant shall paint a portion of the building the proposed color for review and approval by the Director of Community Development prior to painting the entire structure. 60. Addressing. An approved apartment unit-numbering plan shall be B, PL, Permit Issuance incorporated into the construction drawings. Signage for each PO, F and Through apartment trait and hallway signage shall be approved as part of the Completion of Master Sign Program. Exterior address numbers shall be backlight and Each be posted in such a way that they may be seen from the street. Component 61. Green Building Guidelines. To the extent practical the applicant B, PL Through shall incorporate Green Building Measures. Green Building plan shall Completion be submitted to the Building Official for review. 62. Cool Roofs, Flat roof areas shall have their roofing material coated with B, PL Through light colored gravel or painted with light colored or reflective material Completion designed for Cool Roofs. 63. Sound Attenuation. The Applicant shall comply with the PL Issuance of recommendations of the acoustical study conducted by Charles M. Salter Building Associates dated April 15, 2003, in accordance with the mitigation Permits measures of the Eastern Dublin Specific Plan, Environmental Impact Report (Mitigation Measure 3.10/1.0). 64, Elevator Access. Parking Structure for building A, doors leading to the B Through elevator lobby in garage shall remain unlocked 24 hours a day or Occupancy provide card key to all entry doors to elevator lobby with a call box at 12 RESP, REQUIRED souRCE NO. CONDITION TEXT AGENCY Prior to: main entry door at the lobby. 65. Tot Lot. Entrance to Tot Lot play area shall be made accessible to the B Prior to disabled, permitting 66. Shuttle Service. The Applicant shall submit a plan for review by the PL Occupancy and Community Development Department outlining, the type and number of On going shuffles which will provide transportation for the residents of the Project; the shuffle schedule, route, and hours and days of operation; and, other necessary details as determined by the Co~umtmity Development Department. The shuttle service shall remain in operation serving the residents of Fairway Ranch for a period of 10 years from the date of initial occupancy, provided the shuttle service for the senior project shall remain effective for 30 years following the date of initial occupancy. ... 67. Courtyard- Fire Spri.nkler. Courtyards shall be provided with B,F Permitting sidewall sprinkler heads, acceptable to the Fire Department. 68. Area of Refuge. An Area of Refuge, as defined by the California B, F Pcmfitting Building Code, Chapter 11, shall be provided at a staircase inside a p~rking structure if a portion of the structure is semi-subterranean. 69. Caretaker Units. In accordance with DMC Chapter 7.48.080, a B On going manager, janitor, housekeeper, or other responsible person shall reside upon the premises and shall have charge of even apartment house in which there are sixteen (16) or more apartments. . .... 70. Number of Restrooms. Clubhouse(s) shall be provided with the B Issuance of number of water closets and lavatories as prescribed by the Uniform Building Plumbing Code in effect at time of permitting. The occupancy number Permits ahall take into account the adjacent Swimming Pool, Spa and Play areas. 71. Building Access Plan for Ladder Truck Operations. As part of the F Issuance of building submittal, include a plan showing the building access for Building Ladder Truck Operations. The plan shall include: Permits · Designated EVAE's with installation details. The developer shall provide a vehicle to test the EVAE's that has a minimum GVW of 66,500 lbs and axle weight of 45,500 lbs. · Include a detail showing the EVAE signage. · Distance from building to face of curb or EVAE. · For buildings that have specific access locations, designate that location on the plan. · Overlay the landscape plan indicofing areas for ladder access. 72. Surveillance System. Surveillance cameras shall be installed in PO Issuance of parking complexes and some common areas to aide in security. Closed Building Circuit T.V. shall have 24 hour recording capability and be monitored Permits during the workday in the managerial office. 73. Fencing Plan. A fencing plan showing the details of all proposed PO, PL Issuance of fencing including, but not limited to, fencing along Dublin Boulevard, Building and fencing along the ground floor of the parking structures, shall be Permits submitted to the Community Development Department and Dublin Police Department for review and approval. . .... 74. Cop Shop. The applicant shall work with Dublin Police to establish an PO Issuance of on-site "Cop Shop" within the retail area. Building Permits 13 NO CONDITION TExT RESP. REQUIRED SOURCE · AGENCY PriOr to: 75. Geographic Information Systems. Once a development project has PL, PW, Occupancy been approved by the District Engineer and the Director of Public DSRSD Works, then three (3) full size bluelines, one (1) reduced ll-inch X 17- inch copy, and one (1) digital vectorized file on floppy or CD of Improvement Plans shall be submitted to the District and the City. Digital roster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format or ESRI Shapefile format. Drawing units shall be decimal with a precision of 0.00. Angles shall be in decimal degrees with a precision of 0.00. All objects and entities in layers shall be colored by layer. All layers shall be named in English. Abbreviations are acceptable. All submitted map drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Planes, Zone III, and U.S. foot. These requirements may be modified to the satisfaction of the GIS coordinator. PASSED, APPROVED AND ADOPTED this 1st day of July, 2003. AYES: Councilmembers McCormick, Oravetz and Sbranti, and Mayor Lockhart NOES: None ABSENT: Councilmember Zika ABSTAIN: None //~ ~ ~,  .~., -, a~r ATTEST: Deputy City Clerk K2/g: 7-01-03/reso-fairway ranch sdr final.doc 14