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HomeMy WebLinkAbout02-048 GreenBriarHmes 10-28-2003 AGENDA STATEMENT PLANNING COMMISSION MEETING DATE: October 28, 2002 SUBJECT: PA 02-048 Greenbriar Homes Communities, Inc. - Tassajara Creek Phase III and V (Yarra-Yarra Ranch) - PD rczoning with Stage 1 Development Plan Amendment and Stage 2 Development Plan, Vesting Tentative Map and Site Development Review Prepared by Deborah Ungo-McCormick, Contract Planner (~4-''~ ATTACHMENTS: Resolution recommending City Council adopt the Ordinance for a PD rezoning to approve the amendment of the Stage 1 Development Plan for the entire +/- 64 acre site and a Stage 2 Development Plan for Phases III and V consisting of 22.3 acres, and adopt a CEQA Addendum. Resolution approving Vesting Tentative Map 7414 for Phase III and Site Development Review for Phases III and V, Addendum and Initial Study Color Site Plans and Renderings BACKGROUND ATTACHMENTS (by Reference): 5. 6. 7. 10. 11. 12. Dublin General Plan Eastern Dublin Specific Plan Eastern Dublin Scenic Corridor Policies and Standards EIR for Eastern Dublin Specific Plan and General Plan Amendment (including Addendum date May 4, 1993) SCH# 91103064; and Addendum dated August 22, 1994 City Council Resolution Certifying Eastern Dublin Specific Plan and General Plan Amendment Program EIR (Resolution #51-93) City Council Resolution adopting Eastern Dublin Specific Plan and General Plan Amendment; adopting findings and approving overriding considerations; and adopting Mitigation Monitoring Program ("Matrix") for EDSP EIR (Resolution #53-93) Mitigation Monitoring Program ("Matrix") for ED EIR Mitigated Negative Declaration and Initial Study for PA98- O62 Mitigation Monitoring Program ("Matrix") for PA98-062 BACKGROUND: The Eastern Dublin General Plan Amendment and Specific Plan were adopted by the City of Dublin in November 1993 and established land use designations for approximately 3,300 acres of land east of the COPIES TO: Applicant Property Owners In-House Distribution Camp Parks military reserve. The Greenbriar property was prezoned as Planned Development on October 24, 1994, and identified for Medium Density Residential, Public/Semi-Public (school site) and Open Space use. A large component of the plan area was annexed to the City in 1995, including this property owned by Marjorie Koller and Carolyn Adams. The Koller/Adams site is located on the west side of Tassajara Road, north of the Casterson property and west of Camp Parks. The site was used by Europeans for grazing in the 1800's. The original residence was constructed in 1905 and the Kamp family owned the property from 1910 until 1959 and used it as a dairy farm. The property was purchased by the Koller family in 1959 and has since been used as a horse ranch and equestrian center. See Attachment A-3 for Aerial Photo of the properties. Previous City Council Action: In March 2000, the City Council approved a General Plan/Specific Plan Amendment to remove a Public/Semi-Public designation from the site and approved a Planned Development Rezoning and Stage 1 Development Plan for the entire site. The Stage 1 Development Plan provided for construction of 445 dwelling units in five phases at a Medium Residential Density of 6.9 units per acre. The project was approved with an open space buffer adjacent to the Tassajara Creek corridor with average setback of 137 feet from the original top of bank of the creek. The City Council approved a Stage 1 and Stage 2 Development Plan and Vesting Tentative Map for Phase I that consisted of 126 single-family residential lots on 18.85 acres and 4.63 acres of creek corridor. On March 13, 2001 the City Council approved a Stage 2 Development Plan for Phase II that consisted of 46 single family units on 5.66 acres and included 2.3 acres of creek open space corridor. Construction of Phases I and II of the Greenbriar development is nearly complete, with all improvements installed and housing construction nearly finished. ANALYSIS: Stage 1 Development Plan: The Dublin Zoning Ordinance established the intent and requirements of a Planned Development District. The intent of the Planned Development District is to create a more desirable use of the land, a more coherent and coordinated development, and a better physical environment that would otherwise be possible under a single zoning district or combination of zoning districts. This district requires that a general Stage 1 Development Plan and a more detailed Stage 2 Development Plan be adopted to establish regulations for the use development, improvement, and maintenance of the property within the requested Planned Development Zoning District. The proposed Stage 1 Development Plan amendment and the Stage 2 Development Plan are set forth in Planned Unit Development & Vesting Tentative Map - Tassajara Creek III for Greenbriar Homes Communities, Inc. dated received October 10, 2003, and referred to in this staff report as Exhibit A-3 (of Attachment 1) The Stage 1 Development Plan for entire 64.39 acres established the land uses and densities allowed within each phase and included provisions for limited improvements within the open space corridors along the Tassajara Creek. The Stage 1 Development Plan provided fbr allowable uses in all Phases and allowable interim uses in Phase IV (the equestrian center property in Lot 129) and Phase V (Lot 131). Phase III of the project was approved for a maximum development of 193 residential units on 9.11 acres and Phase IV was approved for a maximum of 79 units on 10 acres. The proposed amendment of the Stage 1 Development Plan for the 64.39 acre site will allow the transfer of 85 allowable units from Phase III to Phase IV as listed in the table below. The proposed amendment of the Stage 1 Development Plan is 2 included in Exhibit A-1 of Attachment 1. The location of the various land use designations and proposed development mix is contained in Sheet 3 of Exhibit A-3 a) Site area, proposed densities and phasing plan. PHASE NO. LOT/ MAXIMUM NO. OPEN ACRES DU'S PD PARCEL DWELLINGS SPACE /AC STAGE PARCEL NO. BY PHASE 1 1-126, A 126 C 18.85 6.68 1 and 2 2 127& 128 46 D,E 6.47 7.11 1 and2 B,G,H 3 130, J, K ~n~ 108 F 16.19 ~ ~ a-~ 1 6.67 4 129, 1 -gO (+2 ACC. DU's) 10 7.9 1 164 16.4 5 131 1 (+2 ACC. DU's) 2 .5 1 OPEN SPACE C 0 4.53 OPEN SPACE D, E, F 0 6.35 1 and 2 TOTAL 445 64.39 6.91 Stage 2 Development Plan for Phases III and V of the pro[ect: A Stage 2 Development Plan is proposed for Phase III and Phase V to allow the construction of 108 single-family units and improvements within eight open space parcels on 20.3 acres and the construction of a single-family home on the existing two acre parcel located to the north of Phase III (Lot 131 - Koller Site). The applicant/developer proposes to construct the single-family home for Mrs. Koller concurrent with the construction of the 108 unit subdivision. The Stage 2 Development Plan establishes the permitted, conditional and accessory uses; development regulations; architectural standards and preliminary landscape plan for Phases III and V. (See Exhibit A-2 of Attachment 1). The Stage 2 Site Plan is shown on Sheet 4 of Exhibit A-3. Inclusionary Zoning Regulations The project will comply with the Inclusionary Zoning Ordinance and any City Council Resolution relating to that ordinance in effect at the time of the issuance of the first building permit for this project. The regulations recently adopted by the City Council require new residential projects to provide 12.5% of the total number of dwelling units with the development as affordable units. The City Council may authorize that fees in-lieu of construction can be paid for 40% of the required units. The project proposes to comply with the inclusionary regulations by constructing 8 affordable units and paying in-lieu fees for the remaining required units. General Plan and Specific Plan Consistency The proposed amendment is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan. The overall project density for the site will remain at 6.91 du/acre in accordance with the allowable Medium Residential density for the subject property. 3 Vesting Tentative Map: The developer has submitted Vesting Tentative Map 7414 for Phase III that proposes the subdivision of an existing 9.11 acre parcel into 100 detached single -family lots and 8 single-family attached lots (affordable townhome units). Additionally, it proposes the subdivision of four existing open space parcels into eight open space parcels totaling approximately 11.5 acres. This is required to facilitate ownership and maintenance responsibilities for these parcels by various entities. Primary access to the site will be provided by two bridges that are designed to span Tassajara Creek and are proposed as public streets. Improvements provided by the Vesting Tentative Map, along with the Conditions of Approval address construction and dedication of two bridges, flood control and maintenance, dedications, street improvements, circulation and access, drainage, utilities, landscaping, and the regional trail system along the west side of the Creek. Street improvements and right-of-way dedications are shown in detail on the Vesting Tentative Map and Landscape Plans contained in Exhibit A-3, Sheets 9 through 14 and L-1 through L-4. All improvements will be installed by the developer. Maintenance of landscaping and open space parcels will be the responsibility of either the Homeowners Association for the Phase III project or the Maintenance Association that is responsible for maintenance of open space parcels in Phases I and II. Roadways and trails within the open space parcels will be the responsibility of Zone 7 or East Bay Regional Park District once these entities accept dedication of these improvements. Requirements of the affected utilities and special districts have been incorporated in the plans and Conditions of Approval as part of the required "will-serve" commitments. Lot 131 (Koller site) was created with Tract 7075 approved for Phase I. An access easement will be required across the Phase III subdivision to provide access to Lot 131. The applicant/developer for Phase III will be responsible for construction of the regional trail segment across Lot 131 as required to link it with the East Bay Regional Park District property to the north of the site. Site Development Review: Architecture Three plans are proposed for the 100 single-family homes. The floor plans and elevations, prepared by the Dahlin Group, are included in Sheets 1 through 16 of the Architectural Plans in the Development Plan Set. Plan 1 and 2 are 3-story homes and Plan 3 is a 2-story home. Each plan has three different elevations that include six architectural styles: Spanish, Italian, French, Shingle, English and Traditional (see Attachment 4) The project also includes 8 affordable units in two buildings. Each building is comprised of four single- family attached, townhome units in two building clusters of four units with different elevation for each unit, including French, Spanish, Italian and Traditional Styles. There are 23 different color schemes proposed for the project. Photographic representations of the color schemes are included in the color scheme book submitted on October 10, 2003 and Architectural Sheets by Dahlin Group 1 through 17 of Exhibit A-3. The homes are placed in clusters of 3 to 7 homes that are arranged to face house entries into paseos with access to each garage from common private drives. However, each home is located on a separate lot and therefore are considered single-family detached homes. Seven homes are accessed directly from Street A and also face into paseos. Enhanced side elevations are included for end units that face the street. The sensitive placement of windows for privacy and use of design elements on elevations that face paseos, drives or streets contribute to an overall well-designed project. The development concept is depicted in the diagrams included in the Architectural Sheets by Dahlin Group in Exhibit A-3. 4 The home proposed for the Koller site (Lot 131, Tract 7075) consists of a Spanish style elevation. The home includes a four bedroom plan with a 3 car garage. Access is provided by a driveway at the end of Street A of the Phase III project. (See Architectural Sheets by KM+P in Exhibit A-3). Plotting Plan The plotting of each unit by floor plan is shown for each residential lot on Exhibit A-3 Sheet 4. With the variety of floor plans, elevation styles and 23 different color schemes, no two adjacent lots will contain the same front elevation, resulting in a varied project streetscape. Parking/Streetscape Each single-family unit will have a two-car garage. The affordable units will have one-garage garages and one assigned space per unit in parking bays adjacent to the building. Guest parking is provided along Street A, Maymont Lane and Sommerset Lane and is provided at a 1:01 ratio for the project. A parking exhibit is provided on Sheet 5 of the Development Plans. Landscape bays are provided at the end of parallel parking bays along Street A. These will serve as a street-calming features for Street A while contributing to the pedestrian feel of the neighborhood with larger areas for street landscaping. Fence Plan The applicant proposes primarily four types of walls/fences. A maximum 6 fi. high pre-cast wall is proposed along the west perimeter of the site to define the property boundaries between Phase 'III and Camp Parks. Privacy fences are proposed to define side and front yards facing Street "A" and the "paseos", to separate yards between units, and adjacent to the open space parcels facing the trails. Split rail fences are required along the creek side of the trails and at the north and south end of the project adjacent to the open space parcels. Fences along the perimeter of Open Space Parcel D (south) and Lot 131 (north) will be of open design to maintain open migratory corridors for the Califomia Red-legged Frogs and California Tiger Salamanders to the uplands in Camp Parks, as established in the Mitigated Negative Declaration mitigations for the original Stage 1 Development Plan (PA98-062). Fence locations are shown in Exhibit A-3, Sheet 8 and fence details are shown on Sheet L-3). Landscapinl~: Developm en t A rea The Preliminary Landscape Plan for the development area of the project is shown on Sheets L-1 of Exhibit A-3. The Preliminary Landscape Plan provides a landscape design that includes a wide variety of street trees, shrubs, vines, perennials and groundcovers to form a coordinated landscape design for the project. Landscaping within this area is a of a formal nature which is designed to enhance the development of the built environment and the streetscape. Trees are proposed as 15-gallon with a minimum of 20% of street trees to be 24"-box trees or larger. Three 36"-box Coast live oak trees are proposed at the intersection of Sommerset Lane and Street "A" and are intended to serve a accent trees at the entrance to the project. Special paving is proposed at the limit of the public right-of-way on Sommerset Lane to visually separate and identify the limit of private development. A condition of approval of the project requires that a detailed landscape plan be provided for enhanced Project Entries and Focal Areas. To accomplish this, the Applicant/Developer shall be required to add columns at each end and each side of the bridges with a similar design as the entry monuments as shown on sheet L-2. Additionally, the final landscape plan shall include enhanced landscaping at the entrances to the project along both sides of Somerset Lane and Maymont Lane from the trail to the residential lots to the to the satisfaction of the City Engineer and Director of Community Development. Landscaping may include retaining walls as necessary, 24" box trees, five gallon shrubs, ground cover and turf. 5 Open Space Parcels Landscaping within the Open Space Parcels that are located within the open space buffer along the creek is addressed in the Riparian Revegetation Site Plan. (Sheet L-1 of Exhibit A-3.) This Plan is consistent with the Stream Restoration Program approved during the processing of the Phase I portion of the overall project. The planting of Coast Live Oaks at a greater than 3:1 replacement ratio will compensate for the loss of trees. The Restoration Program for the project includes the construction of a Califomia Red-legged Frog breeding pond and restoration planting within Parcel D. The Tassajara Creek corridor has been designed to take advantage of a natural open space feature through the development of a public regional trail. A 10 ~. bioswale is proposed within Parcel F and G. The bioswale shall be designed to meet Best Management Practices and shall include a subdrain system. Trees, shrubs and ground cover selected for this area shall be installed to provide an appropriate transitional landscape area between the creek, trail, bioswale and the homes. All plants shall be native with the exception of the hydroseeded perennial grasses and shall be irrigated with a fully automatic underground irrigation system. Additionally, the final landscape plan for this area will be required to plan for vegetation fuel modification and/or buffer zone(s) featuring fire resistive and drought tolerant varieties The Preliminary Landscape Plan also provides for landscaping in Parcel H. This parcel contains four heritage oak trees that will be retained and incorporated within the design of the subdivision. Trees, shrubs, ground cover and grasses selected for this area shall be native and compatible with the oak grassland ecosystem. All ground cover, shrubs and trees shall be irrigated with a fully automatic underground irrigation system. A condition of approval of the project includes installation of one heavy duty park bench to be located near the sidewalk. Trails and Maintenance Roads: Trails and roads are proposed within Open Space Parcels A, B, C, and D, and Lot 131. A multi-use trail is proposed between the northerly bridge (Sommerset Bridge) and the East Bay Regional Parks District property at the north end of the project site. This segment of trail will function as regional trail, Zone 7 maintenance road and Emergency Vehicle Access for the northern portion of the site. A trail connection to the existing trail on the east side of Tassajara Road is provided across Sommerset Bridge. A combination bicycle/pedestrian path and Zone 7 road is proposed on the west side of Open Space Parcel "B", from Maymont Lane to Somerset Lane. The Zone 7 maintenance road continues within Open Space Parcel "C" from Maymont bridge to the southernmost open space parcel (Parcel D). Timing of A~l~rovals The Planning Commission is charged with approval of the Vesting Tentative Map and Site Development Review for the project. However, approval of the Vesting Tentative Map and Site Development Review is only effective upon approval by the City Council of the PD rezoning with Stage 1 Development Plan amendment and the Stage 2 Development Plan, and of the California Environmental Quality Act Addendum for the project. Development Agreement As required by the Eastern Dublin Specific Plan, all applicants proposing development within the planning area boundaries must enter into a Development Agreement with the City. Items in the Development Agreement include, but are not limited to, the financing and timing of infrastructure; payment of traffic, noise and public facilities impact fees; and the oversizing, construction and general maintenance responsibilities for roads and infrastructure; and, other general provisions. The Development Agreement for the Greenbriar project will be prepared by the City Attorney's Office, and will be considered by the Planning Commission and City Council at a later date following the approval of the Stage 2 Development Plan. ENVIRONMENTAL ANALYSIS: This project is within the Dublin General Plan's Eastern Extended Planning Area and the Eastern Dublin Specific Plan area, which was the subject of an Environmental Impact Report, certified by the City of Dublin in 1993 including revisions to Part I of the Responses to Comments relating to the Kit Fox, and Addendum to the DEIR dated May 4, 1993 and a DKS Associates Traffic Study dated December 15, 1992 (SCH#91103064) (see Background 9). The Eastern Dublin EIR is a program EIR, which anticipated several subsequent actions related to furore development in Eastern Dublin. The EIR did identify some impacts from implementation of the General Plan/Specific Plan that could not be mitigated. Upon certification of the EIR, the City adopted a statement of overriding considerations for such impacts. Pursuant to the recent Citizens for a Better Environment case, the City Council will be required to adopt a new Statement of Overriding Considerations for significant unavoidable impacts identified by the Eastern Dublin EIR as applicable to the project. The City also adopted a mitigation monitoring program, which included numerous measures intended to reduce impacts from the development of the Eastern Dublin area. In March 2000, the City approved a Mitigated Negative Declaration (MND) for the Stage 1 Development Plan for all five phases of the 64.35 acre Greenbriar development (PA02-062). The MND addressed the potential impacts that the Greenbriar development would have on biological resources, particularly California Red-Legged Frog and California Tiger Salamander. The Eastern Dublin EIR had identified the potential for significant impacts on both species; the MND examined the site-specific impacts from the Greenbriar development and proposed several mitigation measures applicable to the entire Greenbriar development, including the current project. The City approved the MND on March 7, 2000, finding that the Eastern Dublin EIR and the MND adequately addressed the site specific impacts of the entire Greenbriar development. The City prepared an initial study for the current project, including the Stage 1 Development Plan amendment for Phases III and IV, and Stage 2 Development Plan and Site Development Review for Phases III and V and Vesting Tentative Map for Phase III to assess whether any additional environmental review was required. The Initial Study reviewed biological reports from the applicant, including protective measures for Red-legged frog to be implemented in the current project, a stream restoration plan for vegetation enhancements along Tassajara Creek and creation of an off-channel breeding pond, and monitoring reports showing successful implementation of protective mitigations in Phases I and II of the development. The Initial Study also reviewed the potential for traffic, aesthetic and noise impacts beyond those in the prior EIR and MND due to the proposed shift in residential units from Phase III to Phase IV. The Initial Study determined that the Stage 1 Development Plan amendment and the Phase III and V development would have no impacts beyond those identified and analyzed in the Eastern Dublin EIR and the Greenbriar MND. The Initial Study determined that no additional environmental review was required, however, an Addendum was prepared pursuant to CEQA Guidelines section 15164(a) to reflect the minor revisions in the Stage 1 Development Plan and the more detailed construction and improvement plans for the project. (Exhibit A-3) CONCLUSION: This application has been reviewed by the applicable City Departments and agencies, and their comments have been incorporated into the Stage 1 Development Plan amendment and the Stage 2 Development Plan and conditions of approval for Vesting Tentative Map and Site Development Review. The proposed project is consistent with the Dublin General Plan, Eastern Dublin Specific Plan, and represents an appropriate project for the site. 7 RECOMMENDATION: Staff recommends the Planning Commission: 1. Open the public heating and hear Staff presentation. 2. Take testimony from the Applicant and the public. 3. Question Staff, Applicant and the public. 4. Close the public hearing and deliberate. 5. Adopt the Resolution (Attachment 1) recommending City Council adopt the Ordinance approving the PD rezoning and amendment to the Stage 1 Development Plan for the entire site and Stage 2 Development Plan for Phase III and V of the Tassajara Creek Development, and adopt a CEQA Addendum. 6. Adopt the Resolution (Attachment 2) approving the Vesting Tentative Map 7414 for Phase III and the Site Development Review for Phases III and V. 8 GENERAL INFORMATION: APPLICANT: PROPERTY OWNERS: LOCATION: EXISTING ZONING: GENERAL PLAN DESIGNATIONS: SPECIFIC PLAN DESIGNATION: ENVIRONMENTAL REVIEW: Greenbriar Homes Communities, Inc. 43160 Osgood Drive Fremont, CA 94539 Contact: Katja Kamangar, Director of Land Development Marjorie Koller Yarra Yarra Ranch property located on the west side of Tassajara Creek north of Casterson property and east of Camp Parks. Planned Development (PD) - Medium Density Residential Medium Density Residential Medium Density Residential The Environmental Impacts of this project were addressed by the Program EIR and addenda for the Eastern Dublin General Plan Amendment and Specific Plan, and the Mitigated Negative Declaration and Monitoring Program for PA98-062 (see discussion above). 9 RESOLUTION NO. XX-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ADOPT AN ORDINANCE FOR A PD REZONING WITH RELATED STAGE 1 DEVELOPMENT PLAN AMENDMENT FOR PHASES III AND IV AND STAGE 2 DEVELOPMENT PLAN FOR PHASES III AND V OF THE GREENBRIAR HOMES COMMUNITIES, INC. TASSAJARA CREEK RESIDENTIAL DEVELOPMENT PROJECT AND ADOPT A CEQA ADDENDUM (PA 02-048) WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller and Carolyn Adams (Applicant/Developer), has requested a PD rezoning to amend the Stage 1 Development Plan (DP) for the Greenbriar project to transfer 85 residential units from Phase III to Phase IV, and to approve a Stage 2 DP for development of 108 single family dwelling units in Phase IH and one single-family estate home in Phase V, which applications are on file in the Planning Division; and WHEREAS, the Greenbriar property consists of approximately 64.35 acres generally located west of Tassajara Road and north of the Casterson property, Tract 7075 Lots 1 - 131, Parcels A - K, in the Eastern Dublin Specific Plan area; and WHEREAS, the City Council previously approved a General Plan Amendment/Specific Plan Amendment (Resolution 32 -00); PD rezoning/Stage 1 Development Plan for the entire 64.35 acre Greenbriar parcel (Ordinance 7-00); and a related Mitigated Negative Declaration and Mitigation Monitoring Program (Resolution 31 -00) on March 7, 2000, which resolutions and ordinance are incorporated herein by reference; and WHEREAS, pursuant to the Califomia Environmental Quality Act (CEQA) the City found that the Eastern Dublin EIR and the MND adequately describe the impacts of the Greenbriar development as approved in 2000 pursuant to CEQA guidelines Section 15162; and WHEREAS, the City prepared an Initial Study to determine if additional review of the current project was required pursuant to CEQA Guidelines section 15162. Based on the Initial Study, the City prepared an Addendum describing minor changes to the previous project and finding that the impacts of the current project have been adequately addressed in the Eastern Dublin EIR and Greenbriar MND. The Initial Study, Addendum, Eastern Dublin EIR and Greenbriar MND are incorporated herein by reference; and WHEREAS, the Planning Commission did hold a properly noticed public hearing on the project on October 28, 2003; and WHEREAS, a Staff Report was submitted analyzing the project and recommending approval of the applications; and WHEREAS, the Planning Commission considered the Addendum dated October 22, 2003 and the Eastern Dublin EIR and the Greenbriar MND before making a recommendation or taking action on the ATTACHMENT 1 project. The Planning Commission further used their independent judgment and considered all reports, recommendations and testimony before taking action on the project. NOW, THEREFORE BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that pursuant to sections 8.32.070 and 8.120.050 of the Dublin Municipal Code, the Planning Commission hereby finds as follows. 1 .The proposed PD rezoning/Stage 1 DP amendment meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because the shift in residential units maintains the overall residential use and density of the Greenbriar development, maintains the residential cluster character of the development, with open space protection along Tassajara Creek and design standards for units along the Tassajara Road scenic corridor. 2. The PD rezoning/Stage 2 DP for Phases III and V meets the intent and purpose of Chapter 8.32 of the Zoning Ordinance because it implements the use, density, development patterns and standards established with the original Greenbriar approvals. 3. Both the amended Stage 1 DP and the Stage 2 DP will result in a desirable use of land and an environment that will be harmonious and compatible with existing and potential development in surrounding areas because the site plans have been designed with adequate setbacks, complementary architectural designs and landscaping, and clustering to be compatible with the proposed and approved plans in the vicinity, including the Tassajara Creek open space area and regional trail and existing and future residential homes approved to the east and north of the project and will provide an attractive living environment. 4. The project site is physically suitable for type and intensity of this residential project in that it is flat, has adequate access and is of a sufficient size to provide housing as well as open space for the future residents of the project. 5. The amended Stage 1 DP and proposed Stage 2 DP will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety or welfare because the Development Plans have been designed in accordance with the Dublin General Plan, Eastern Dublin Specific Plan, Eastern Dublin EIR, and the adopted Mitigated Negative Declaration for PA 98- 062. Additionally, project specific analysis has determined that the project's design is sensitive to biological features on site and to existing and proposed surrounding land uses. 6. The amended Stage 1 DP and proposed Stage 2 DP is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan because the project is within, and consistent with, the density range of the Medium Density Residential designation of both plans, and because it conforms to the elements and policies of those plans through the provision of archaeological and historic protection, erosion and siltation control policies, open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements and the Eastern Dublin Comprehensive Steam Restoration Program, roadways consistent with the Circulation Element, adequate public facilities as required by the Schools, Public Lands and Utilities Element, housing as desired by the Housing Element, and safe design as required by the Seismic Safety and Safety Element. BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City Council adopt the attached Ordinance for a PD rezoning with related Stage 1 Development Plan amendment to transfer 85 units from Phase III to Phase IV and with a Stage 2 Development Plan for development of Phases III and V of the Greenbriar development (Exhibit A) and adopt a related CEQA Addendum (Exhibit B). PASSED, APPROVED AND ADOPTED this 28th day of October 2003. AYES: NOES: ABSENT: Planning Commission Chair ATTEST: Community Development Director g:\PA00 036\PD Ordinance EXHIBIT A-1 STAGE 1 DEVELOPMENT PLAN FOR PHASES I-V STAGE 1 AND STAGE 2 DEVELOPMENT PLAN FOR PHASE I PLANNED DEVELOPMENT REZONE (PA 98-062) GREENBRIAR LAND COMPANY TASSAJARA CREEK Tract 7075 As Amended by PA 02g)48 This is a Development Plan pursuant to Chapter 8.32 of the Dublin Ordinance for the Greenbriar Land Company Tassajara Creek development located on Yarra Yarra Ranch on the west side of Tassajara Road, north of the Casterson Development. The Development Plan consists of: 1. A Stage 1 Development Plan for the entire development, Phases I-V, as amended by PA 02-048. 2. A Stage 1 and 2 Development Plan for Phase 1 The Stage 1 Development Plan meets the requirements of Section 8.32.040.A of the Zoning Ordinance and consists of the following: 2. 3. 4. 5. 6. 7. 8. Statement of proposed uses. Interim uses. Stage 1 Site Plan. Site area, proposed densities and phasing plan. Master Neighborhood Landscaping Plan. General Plan and Specific Plan consistency. Inclusionary Zoning Regulations. Aerial Photo. The Stage 1 and 2 Development Plan for Phase I meets the requirements of Section 8.32.040.B of the Zoning Ordinance and consists of the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Statement of compatibility with the Stage 1 Development Plan. Statement of proposed uses. Stage 1 and 2 Site Plan. Site area, proposed densities and phasing plan. Development regulations. Architectural standards. Preliminary Landscaping Plan. Dublin Zoning Ordinance - Applicable Requirements. School Mitigation Agreement. Creek improvements. Compliance with PUD plans EXHIBIT A-1 TO ATTACHMENT 1 STAGE 1 DEVELOPMENT PLAN (AS AMENDED BY PA 02-048) 1. Statement of proposed uses. A. PD - Medium Density Residential Permitted Uses: Phases 1, 2, 4 and 5 a. Single-family dwellings. o b. Conditional Uses: 1. Phase 3- and 4 a. Single-family dwellings. Multi-family dwellings. Phases 1, 2, 4 and 5. As provided for in the regulations and procedures of the R-1 Zoning District. 2. Phase 3. As determined by Stage 1 and 2 Development Plan at a later date. Accessory Uses: 1. Phases 1 -5. As provided for in the regulations and procedures of the Zoning Ordinance. B. PD - Open Space No land uses are permitted in open space parcels designated on the Site Plan and related Tentative Map other than a private water well, a sewer siphon in Phase III, a public trail, a maintenance road and any maintenance activities necessary for the private water well, sewer siphon, public trail, creek or maintenance road. Two bridges may cross the creek but must span any areas designated open space. Two outfalls may be constructed within the creek setback. Interim Uses Lot 129. The Interim Use for Lot 129, approximately 10 acres in the far northeastern comer of the subject property, shall consist of an equestrian center use including a large covered arena with stalls, several barns, a single family residence, up to two accessory living units for ranch-related workers no larger than 1.500 square feet in size, and several other structures such as barns, sheds, and storage units. The future use for this 1 O-acre parcel shall be Medium Density Residential with up to 79 units of density. Should the owner of this 1 O-acre equestrian facility wish to develop the property in the future, a maximum of 79 units will be permitted on the property. Lot 131. Lot 131 is a two-acre parcel at the northwestern comer of the subject property. The allowed use shall consist of a single family home with up to two accessory living units for ranch- related workers no larger than 1,500 square feet in size. The accessory living units may only be constructed by the original owner, Mrs. Marjorie Koller. If the accessory living units are not constructed by Mrs. Marjorie Koller, they cannot be constructed by any subsequent owner. The accessory living units may not be sold separately from the main dwelling unit on Lot 131. Allowed use for this lot will also include accessory structures such as sheds and storage units as regulated by the Zoning Ordinance. Should the owner of Lot 130 wish to develop this property in the future, a maximum of one unit will be permitted on the property. Stage 1 Site Plan. The Stage 1 Site Plan consists of Sheet PUD 4 of 17 of the project plans dated received September 2, 1999 (hereafter, project plans), as revised by Sheet 3 of Planned Development Plans dated "received October 10, 2003" for PA 02-048. Site area, proposed densities and phasing plan. PHASE NO. LOT/ MAXIMUM NO. OPEN ACRES DU'S PD PARCEL DWELLINGS SPACE /AC STAGE PARCEL NO. BY PHASE I 1-126, A 126 C 18.85 6.68 1 and 2 2 127& 128 46 D, E 6.47 7.11 1 B,G,H 3 130, J, K '?~ 108 F 16.19 ~ '-LLCgn~ 1 6.67 4 129, 1 ;aC (+2 ACC. DU's) 10 ~ 1 164 164 5 131 1 (+2 ACC. DU's) 2 .5 1 OPEN SPACE C 0 4.53 1 and 2 OPEN SPACE D, E, F, 0 6.35 1 TOTAL 445 64.39 6.91 Master Neighborhood Landscaping Plan. PUD Sheets 14 through 16 of 17 of the project plans constitute the Master Neighborhood Landscaping Plan. General Plan and Specific Plan consistency. The proposed Stage 1 Development Plan is consistent with all elements and policies of the Dublin General Plan and the Eastern Dublin Specific Plan. The project is within, and consistent with, the density range of the Medium Density Residential designation of both the City of Dublin General Plan Land Use Element and Eastern Dublin Specific Plan (as amended). The project conforms to the elements and policies of those plans through the provision of: A) Archaeological and historic protection, erosion and siltation control policies, open space and wildlife habitat protection required by the Land Use, Parks and Open Space and Conservation Elements. B) Roadways that are consistent with the Circulation Element. C) Adequate public facilities as required by the Schools, Public Lands and Utilities Element. D) Housing as desired by the Housing Element. E) Safe design as required by the Seismic Safety and Safety Element. Inclusionary Zoning Regulations. In accordance with the Inclusionary Zoning Regulations, the Applicant shall be required to provide 5% of all housing to be affordable to those of very low, low and moderate incomes or pay an in-lieu fee in the amount and at the times set forth in City Council Resolution 57-97, or other resolution revising the in-lieu fee provisions. The Applicant will not be building any affordable units and has elected to comply with the Inclusionary Zoning Regulations by entering into an Affordable Housing Agreement with the City and by paying in-lieu fees. 8. Aerial Photo. The aerial photo is as shown on PUD Sheet 2 of 17 of the project plans. [Note: PA 02-048 amends only the Stage 1 Development Plan for the entire development. It does not change the Stage 1 and 2 Development Plan for Phase 1 so that portion of the original development plan approval is not set forth in this ordinance amendment but continues to remain in effect as originally adopted.] G:pa98062/Development Plan Revised EXHIBIT A-2 PLANNED DEVELOPMENT REZONING STAGE 2 DEVELOPMENT PLAN GREENBRIAR HOMES COMMUNITIES/TASSAJARA CREEK (YARRA YARRA RANCH) FOR PHASES III AND V (PA 02-048) This is a Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance for Phases III and V of the Greenbriar Homes Communities/Tassajara Creek (Yarra Yarra Ranch) project, generally located in on the west side of Tassajara Road to the north of the Casterson property and east of Camp Parks. The project site encompasses 20.04 acres located west of Tassajara Creek of property owned by Marjorie Koller, (Yarra Yarra Ranch) within the Eastern Dublin Specific Plan area (APNs: 986-0029-001, -002, - 004, and -005, and Lot 131 of Tract Map 7075). This Development Plan meets all of the requirements for the Stage 2 review of the project. This Development Plan also includes the Aerial Photo, Stage 2 Site Plan, Preliminary Landscape Plan, Land Use Summary Table, Typical Street Sections, Preliminary Grading and Utility Plan, Erosion Control Plan, and Floor Plan and Elevations, consisting of sheets dated "received October 10, 2003," labeled Exhibit A-2 to the Ordinance approving this Development Plan (City Council Ordinance No. 03 - ), and on file in the Planning Division of the Community Development Department. The Planned Development Zoning District allows the flexibility needed to encourage innovative development while ensuring that the goals, policies, and action programs of the General iPlan, Eastern Dublin Specific Plan, and provisions of Section 8.32 of the Zoning Ordinance are satisfied. The Development Plan consists of: A Stage 2 Development Plan for Phases III and V of the property known as the Greenbriar Tassajara Creek Project (Yarra Yarra Ranch), consisting of approximately 22.04 acres. The Stage 2 Development Plan meets the requirements of Section 8.32.040.B of the Zoning Ordinance and consists of the following: 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Statement of compatibility with the Stage 1 Development Plan. Statement of permitted uses. Stage 2 Site Plan. Site area, proposed densities. Development regulations. Phasing Plan. Dublin Zoning Ordinance - Applicable Requirements Lot Coverage. Architectural Standards. Preliminary Landscaping Plan. Inclusionary Housing Provisions. School Mitigation Agreement. Exhibit A-2 to Attachment 1 13. 14. Creek Improvements. Consistency with PD Plans. STAGE 2 DEVELOPMENT PLAN Compatibility with the Stage 1 Development Plan & Zoning: This PD Planned Development Zoning District is to provide for and regulate the development of the Greenbriar Homes Communities/Tassajara Creek Phases III and V (Yarra Yarra Ranch Properties) as shown on Exhibit A-2 (General Plan land use designations include: Single Family Residential and Medium Density Residential), and is compatible with the residential and open space land uses in the approved Stage 1 Development Plan as amended by PA 02-048. This Stage 2 Development Plan does not address the remaining 10 acres of Yarra Yarra Ranch properties to the east of Tassajara Creek, and identified as Phase IV, Future Medium Density Residential in the Stage 1 Development Plan approved as part of PA 02-048. When an actual development is proposed for the 1 O-acre property in the future, approval of a PD Rezoning and Stage 2 Development Plan, and possibly additional environmental review, for that project will be required prior to development/construction. 2. Statement of Permitted Uses: The following are uses permitted for this site: A) PD Single Family Residential (Phase V/Lot 131 of Tract 7075) Intent: The Single Family land use designation is established to provide for the development of a 2-acre lot estate unit in the northwest comer of the property. Permitted Uses: Per the R-1 Zoning District Conditional Uses: Per the R-1 Zoning District Accessory Uses: All Accessory Uses shall be in accordance with Section 8.40 of the Dublin Zoning Ordinance B) PD Medium Density Residential (Phase III) Intent: Medium Density land use designations are established to: a) reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; b) preserve as many as possible of the desirable characteristics of the one-family residential district while permitting higher population densities; c) ensure adequate light, air, privacy and open space for each dwelling unit; d) minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; e) provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks; and f) protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic. Permitted Uses: Per the R-1 Zoning District Conditional Uses: Per the R-1 Zoning District Accessory Uses: All Accessory Uses shall be in accordance with Section 8.40 of the Dublin Zoning Ordinance. o D) PD Private Open Space (Phase III, Phase V) Intent: To provide private open space for visual quality of the community, enhanced views and areas for wildlife habitat and migration. Permitted Uses: Approximately 11.5 acres of the site lying west of Tassajara Creek shall remain as open space with no development in that area other than a private water well, a sewer siphon, a public trail, a maintenance road and any maintenance activities necessary for the private water well, sewer siphon, public trail, creek or maintenance road. Two bridges may cross the creek but must span any areas designated open space, such that all of each bridge structure is beyond the creek top-of-bank, consistent with the approved Stage 1 Development Plan. One outfall may be constructed within the creek setback, as shown on the Stage 2 Site Plan, Sheet 4 of the Project Plans. Stage 2 Site Plan: The Stage 2 Development Site Plan consists of Sheets 3 and 4 of the Project Plans in Exhibit A-2, dated "received October 10, 2003" (hereafter, Project Plans). Site area, maximum densities. Site consists of 20.04 acres of land on the west side of Tassajara Creek in the property known as the Yarra Yarra Ranch. See attached Project Plans, Sheet 4 for Land Use Summary. Maximum densities for Phases III and V are as shown on Sheet 3 of the Project Plans. On designated Open Space lands where no structures are permitted other than those described in #2 above, residential densities are not to be established and the only improvements and construction permitted are shown on the Site Plan, Sheet 4 of the Project Plans. Development Regulations. Residential development regulations have been established to ensure that the proposed buildings and site plan achieve the desired design character and development quality. The regulations set forth the minimum requirements necessary for planning of the property. Refer to the City of Dublin Zoning Ordinance for any regulations not specified below. Single Family Paseo/Cluster Homes (Phase III) Lot Size: 1,610 square feet minimum Front Yard Setbacks: A. Front paseo wall B. Front ofhouse 4' minimum from center of paseo walk 8' minimum from center of paseo walk Note: Sectional garage doors with automatic openers are required for all residences. Side Yard Setbacks: 3' minimum Side Yard Setback for Street Side Corner Lot: 5' minimum Building Separation: 7' minimum Rear Yard Setbacks: 5' minimum Building Height: 37' maximum, 3 stories Architectural Projections: Eaves, fireplaces, niches, bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches, utility boxes, turrets, other architectural projections and air conditioning equipment may project into one required side yard, but not closer than 1' from the property line. Parking/Garages: Each unit shall be provided with a two-car garage and one guest parking space. Guest parking may be located on- street or in specifically designated guest parking areas. Single Family Attached Townhomes (Phase III) Lot Size: 1,280 square feet minimum Front Yard Setbacks: 14~ from property line Note: Sectional garage doors with automatic openers are required for all residences. Side Yard Setbacks: Side Yard Setback for Street Side Corner Lot: 5' minimum Building Separation: 0' between each townhome unit in building cluster; minimum 7 ft. separation to other buildings. Rear Yard Setbacks: 7.5' minimum Building Height: 37' maximum, 2 stories 4 Architectural Projections: Parking/Garages: Eaves, fireplaces, niches, bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches, utility boxes, turrets, other architectural projections and air conditioning equipment may project into required one side yard, but not closer than 1' from the property line. Each unit shall be provided with a single-car garage, one designated open parking space and one guest parking space. Guest parking may be located on-street or in specifically designated guest parking areas. Single Family Estate Home (Phase V/Lot 131 of Tract 7075) Lot Size: 2 acre minimum Front Yard Setback: 20 ft. minimum Side Yard Setbacks: Building Separation: Rear Yard Setbacks: Building Height: Architectural Projections: Parking/Garages: 20ft minimum adjacent to East Bay Regional Park District lands; otherwise, 10 ft. minimum 7' minimum 20' minimum 35' maximum, 2 stories Eaves, fireplaces, niches, bay windows, cantilevered floor area (balconies, second floor overhangs, etc.), porches, utility boxes, turrets, other architectural projections and air conditioning equipment may project up to 3 ft. into required yard. One two-car garage minimum and one guest parking space. Guest parking may be within the driveway or in specifically designated guest parking areas. o Phasing Plan: Phases III and V will be developed in one construction phase. Dublin Zoning Ordinance - Applicable Requirements. Except as specifically modified by the provisions of this Planned Development District Rezoning/Development Plan, all applicable general requirements and procedures of the Dublin Zoning Ordinance shall be applied to the land uses designated in this Planned Development District Rezoning. Lot Coverage. The allowable maximum lot coverage shall be 45% for the Phase V single-family 10. 11. 12. 13. 14. residential dwelling. The allowable maximum lot coverage shall be 55% for Phase III medium density single family cluster and townhome dwelling units. Architectural Standards. See attached Floor Plans and Elevations, Architectural Plans Sheets 1 throughl 6, contained in Exhibit A-2, Development Plan. Any modifications to the project design shall be substantially consistent with these plans and of equal or superior materials and design quality. Landscaping Plan. Refer to Project Plans, Sheets L-1 through L-4, Preliminary Landscaping Plan and Details. All Project landscaping, monumentation and entry signs shall conform to the Preliminary Landscaping Plans and Details of the Project Plans, except as required to be enhanced by conditions of approval of the Vesting Tentative Map 7414. A Final Landscaping Plan will be required to be submitted and approved prior to building permit issuance. Inclusionary Zoning Ordinance. To satisfy the City's Inclusionary Zoning Ordinance (Dublin Municipal Code Chapter 8.68) and any amendments thereto, tbr Phases III and V, 12.5%, or 14 dwelling units in the project must be Inclusionary units in accordance with the regulations of the Ordinance. The Applicant/Developer shall construct at least 7.5% of the Inclusionary units in the project, or 8 units, in Phase III, and designate those units as for-sale ("ownership") Inclusionary units affordable to very low-, low-, and moderate-income households, and shall enter into an agreement with the City to impose appropriate resale controls and rental restrictions on the units. In addition, Applicant/Developer shall pay per-unit "in lieu" fees for each remaining Inclusionary unit, or 6 units, required to meet the City's Inclusionary Ordinance standard of affordable units at the time and in the amount set forth in the in-lieu fee resolution in effect at the time of issuance of the building permit. School Mitigation Agreement Prior to the effective date of any tentative map approval, the developer shall enter into a written school mitigation agreement with the Dublin Unified School District. The mitigation agreement shall establish the level of mitigation necessary, the amount of any school impact fees, the time of payment of any such fees and shall address such similar matters to ensure that the impacts of the project on schools are satisfactorily mitigated. Creek Improvements: Creek improvements shall be completed as part of Phase III and V prior to the occupancy of any dwelling units. Compliance with PD Plans: The project shall substantially comply with the project plans and details shown in Exhibit A-2 to Attachment 1 of the Ordinance approving this Development Plan (City Council Ordinance 03-__.), except as modified herein or by conditions of approval of the Vesting Tentative Map for Phase III and/or Site Development Reviews for Phases III or V. G:\PA#~2002\02-024\Stage 2 Development Plan RESOLUTION NO. 03 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING THE VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR TASSAJARA CREEK PHASE III AND SITE DEVELOPMENT REVIEW FOR PHASE V- GREENBRIAR HOMES COMMUNITIES, INC. RESIDENTIAL DEVELOPMENT PROJECT PA 02-048 (Tract No. 7414) WHEREAS, Patrick Costanzo, Jr., on behalf of Marjorie Koller (Applicant/Developer), has requested approval of a PD rezoning with a Stage 1 Development Plan amendment and a Stage 2 Development Plan for Phases III and V of the Tassajara Creek residential project, a Vesting Tentative Map for Phase II! to allow for the subdivision of a 20.3 acre parcel located on the west side of Tassajara Creek into 108 lots and Site Development Review to allow for the construction of 108 single family residential units (Phase III) and one single-family estate home (Phase V), with public and private open space, and a regional trail along the Tassajara Creek stream corridor, in the Eastern Dublin Specific Plan area; and WHEREAS, a complete application for the above noted entitlement request is available and on file in the Department of Community Development; and WHEREAS, the Applicant/Developer has submitted Vesting Tentative Map and Site Development Review project plans dated received October 10, 2003, for Phases III and V (Exhibit A to Attachment 1), PUD Sheets 4 through 16, Sheets SL1 through SL3Sheets L-1 through L-4, Architectural Sheets by The Dahlin Group 1 through 17 and Architectural Sheets by KM+P for Lot 131, except as modified by any condition of approval; and WHEREAS, the City previously approved General Plan and Eastern Dublin Specific Plan amendments and a PD rezoning/Stage 1 Development Plan for a 445 unit project on 64.35 acres, to be built in 5 phases. Phases I and II are under construction; and WHEREAS, in connection with the prior approvals, the City adopted a Mitigated Negative Declaration tiering from the Eastern Dublin EIR. (Resolution 31-00, incorporated herein by reference.) The City completed an Initial Study for the current project, including a shift in density from Phase III to Phase IV and additional detail on construction and improvement plans for Phases III and V. Based on the Initial Study, the City determined that the Eastern Dublin EIR and the prior Mitigated Negative Declaration adequately describe the potential impacts of the project and that the current project would have no substantial new or more severe impacts beyond those analyzed in the previous environmental documents. An Addendum pursuant to CEQA Guidelines section 15164(a) was prepared for the minor project changes and was considered by the Planning Commission together with the prior EIR and Mitigated Negative Declaration prior to action on the project; and WHEREAS, the Planning Commission did hold a public hearing on said application on October 28, 2003; and and WHEREAS, proper notice of said public hearing was given in all respects as required by law; ATTACHMENT WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Vesting Tentative Map for Phase III and Site Development Review for Phases III and V, subject to conditions; and WHEREAS, a Development Agreement must be requested and approved prior to recordation of Final Subdivision Map for the project as required by the Eastern Dublin Specific Plan; and WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding General Plan and Specific Plan consistency: 1. The proposed project is consistent with the adopted Dublin General Plan and Eastern Dublin Specific Plan. The proposed project is also consistent with the goals, policies, and implementation measures of the Dublin General Plan and Eastern Dublin Specific Plan, and with the Dublin Zoning Ordinance. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Vesting Tentative Map: 1. The Vesting Tentative Map is consistent with the intent of applicable subdivision regulations and related ordinances. 2. The design and improvements of the Vesting Tentative Map are consistent with and conforms to the City's General Plan and Eastern Dublin Specific Plan policies as they apply to the subject property in that it is a subdivision for implementation of a residential project in an area designated for Medium Density Residential Development and Stream Corridor/Open Space. 3. The Vesting Tentative Map is consistent with the Planned Development Rezone proposed for this project and is, therefore, consistent with the City of Dublin Zoning Ordinance. 4. The project site is located adjacent to major roads on relatively flat topography and is, therefore, physically suitable for the type and density of development. 5. With the incorporation of mitigation measures from the previous EIR, action programs and policies of the Eastern Dublin Specific Plan, mitigation measures of the previously adopted Mitigated Negative Declaration and Conditions of Approval, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. 6. The design of the subdivision will not conflict with easements acquired by the public at large or access through or use of property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. 7. Required fire and water service will be provided to the subdivision pursuant to the requirements of water and sewer providers, if standards and conditions are met and fees paid. Sewer service for this subdivision shall be provided pursuant to an agreement between the applicant/developer and DSRSD. School capacity for the residents of this project will be provided pursuant to a school facilities mitigation agreement between the developer and the Dublin Unified School District prior to issuance of building permit, as required by the Eastern Dublin Specific Plan/EIR. 8. The City of Dublin has considered the effect of this project on the housing needs of the region in which it is situated and finds that the public services are available for the project and that impacts to environmental resources will be mitigated to a level of less than significant pursuant to the Eastern Dublin EIR and the Mitigated Negative Declaration for the previously approved Stage 1 Development Plan (PA98-062). 9. The City of Dublin finds that this project does not discharge waste into an existing community sewer system in violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 of the Water Code because the Dublin San Ramon Services District has provided conditions of approval, which assure that its standards will be met. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby make the following findings and determinations regarding said proposed Site Development Review: 1. The approval of this application (PA 02-048), as conditioned, is consistent with the intent/purpose of Chapter 8.104 (Site Development Review) of the Zoning Ordinance in that it will promote orderly, attractive and harmonious site and structural development, resolves major project-related issues, and ensures compliance with development regulations and the PD Zoning District. 2. The approval of this application, as conditioned, complies with the policies of the General Plan, the Eastern Dublin Specific Plan, and the Planned Development Rezone Development Plan for the project that allows for residential development at this location. 3. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans because road improvements and infrastructure improvements will be made pursuant to a Planned Development Plan, Tentative Map conditions and a related Development Agreement. 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 Dublin General Plan and Eastern Dublin Specific Plan. 5. The proposed site development, including site layout, vehicular access, circulation and parking, setbacks, height, walls, public safety, and similar elements, as conditioned, has been designed to provide a harmonious environment for the development. 6. The subject site is physically suitable to the type and intensity of the approved development because it is relatively flat and has suitable soils. 7. The visual impacts of the project were reviewed in the Eastern Dublin EIR and Greenbriar Mitigated Negative Declaration and the project is consistent with applicable scenic corridor policies for Tassajara Road. 8. The project has been designed with architectural considerations (including the character, scale, design quality, and the relationship among buildings), along with Conditions of Approval, in order to ensure compatibility among the design of this project, the character of adjacent uses, and the requirements of public service agencies. 9. Landscape elements (including the location, type, size, color, texture, and coverage of plant materials, provisions, and similar elements) combined with Conditions of Approval have been established to ensure visual relief and an attractive public environment. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve the Vesting Tentative Map and Site Development Review for PA 02-048 subject to the following Conditions of Approval and subject to City Council approval of the proposed Stage 1 Development Plan amendment, Stage 2 Development Plan, and CEQA Addendum: CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use, and shall be subject to Department of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [ADM] Administration/City Attorney, [B] Building division of the Community Development Department, [DSR] Dublin San Ramon Services District, IF] Alameda County Fire Department/City of Dublin Fire Prevention, [FIN} Finance Department, [PL] Planning division of the Community Development Department, [PO] Police, [PW] Public Works Department. VESTING TENTATIVE MAP III Approval. PA 02-048, Greenbriar Homes Communities, Inc. - Tassajara Creek, Vesting Tentative Map 7414 is approved to subdivide an existing 20.34-acre parcel into individual lots for 108 detached homes and open space, a stream corridor and a regional trail. This approval shall conform generally to the plans, text, and illustrations contained in the Planned Unit Development Plans dated received October 10, 2003, including Sheets 1 through 8, prepared by Ruggeri-Jensen-Azar and Associates (October 10, 2003), the Vesting Tentative Map prepared by RJA and Associates, Sheets 9 through 14 (October 10, 2003), the Streetlight Plans prepared by Giacalone Design Services, Inc., Sheets SL1 through SL3 (September 4, 2003), the Landscape Plans Sheets L1 through L3 and the Tassajara Creek Restoration Plan Sheet L4 prepared by The Guzzardo Partnership, Inc. (October 10, 2003), the Architectural Plans Sheets 1 through 17 prepared by the Dahlin Group (September 12, 2003), and all other plans, programs, texts and diagrams submitted as part of the subdivision proposal on file in the Cornmunity Development Department unless modified by the Conditions of Approval contained herein. PL, PW Fees. Applicant/Developer shall pay all applicable fees in effect at the time of Various building permit issuance, including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Impact fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; specific plan implementation fees and any other fees as noted in the Development Agreement. Required Permits. Applicant/Developer shall obtain all necessary permits Various required by other agencies (Alameda County Flood Control District Zone 7, California Department of Fish and Game, Army Corps of Engineers, State Water Quality Control Board, etc.) and shall submit copies of the permits to the Approval of any plan or filing of final map Various times, but no later than Issuance of Building Permits Prior to issuance of Grading Sitework Permit Department of Public Works. Infrastructure. The location and siting of project specific wastewater, bioswale, PL, PW Approval of storm drain, recycled water, and potable water system infrastructure shall be Improvement Plans consistent with the resource management policies of the Eastern Dublin Specific Plan. Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid ADM On-going waste management and recycling requirements. Refuse Collection. The refuse collection service provider shall provide a letter PL Occupancy of confirming that adequate space is provided to accommodate collection and sorting any building; provisions for of petrucible solid waste as well as source-separated recyclable materials generated collection to be by the residents within this project, shown on plans Water Quality Requirements. All development shall meet the water quality PL, PW Approval of requirements of Alameda County's NPDES Permit No. CAS0029831 and the Final Map or Improvement Alameda Countywide Clean Water Program. The Applicant/Developer shall submit Plans a copy of a Notice of Intent obtained from the State Water Resources Control Board, together with a Storm Water Pollution Prevention Plan. In addition, all storm water inlets within the street areas of the proj eot shall be stenciled "No Dumping - Drains to Bay" using a stencil approved by the City. Removal of Obstructions. Applicant/Developer shall remove all trees including PW Issuance of major root systems and other obstructions from building sites that are necessary for Grading Permit (Demolition to public improvements or for public safety as directed by the City Engineer. be shown on plans) Standard Public Works Conditions of Approval. Applicant/Developer shall PW Approval of comply with all applicable City of Dublin Public Works Standard Conditions of Improvement Plans through Approval (Attachment A). In the event of a conflict between the Public Works completion Typical Conditions of Approval and these Conditions, these conditions shall prevail. Development Agreement/Vesting Tentative Map Expiration. Prior to Final Map PW, PL Prior to Final approval, the developer shall enter into a Development Agreement with the City map and On- going pursuant to the requirements of the Eastern Dublin Specific Plan. The Vesting Tentative Map shall expire at the standard time of two and one-half (2 1/2) years as set forth in the Dublin Municipal Code and in the regulations of Section 66452.6 of the Subdivision Map Act. In the event of conflict between the terms of the Development Agreement and the Conditions of Approval contained herein, the terms of the Development Agreement shall prevail. Building Codes and Ordinances. All project construction shall conform to all B Through building codes and ordinances in effect at the time of building permit. Completion Action Programs/Mitigation Measures. Applicant/Developer shall comply with PL Approval of all applicable action programs and mitigation measures of the Eastern Dublin Improvement Plans through General Plan Amendment/Specific Plan and companion Final Environmental completion Impact Report (EIR) and the Mitigated Negative Declaration (MND) for PA 98-062 that have not been made specific Conditions of Approval. Ordinances/General Plan/Policies. The Developer shall comply with, meet, PW, PL Approval of and/or perform all requirements of the Subdivision Map Act, City of Dublin Final Map and Issuance of Subdivision Ordinance, City of Dublin Zoning Ordinance, the City of Dublin Building General Plan, the Eastern Dublin Specific Plan, City of Dublin Standard Conditions Permits of Approval, Public Works Policies and City grading ordinance unless certain Public Works requirements are modified by the City Engineer. Clarification and Changes to Conditions. In the event that there needs to be PW Approval of clarifications to these conditions of approval, the City Engineer has the authority to Final Map and Improvement clarify the intent of these conditions of approval to the Applicant/Developer without Plans going to a public hearing. The City Engineer also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts of this project. Phased Occupancy Plan. If occupancy will occur in phases, then all physical B, PW, F, Prior to improvements within each phase shall be completed prior to occupancy of any PL Occupancy of any affected buildings within that phase except for items specifically excluded in an approved building 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 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 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. Preconstrucfion Survey. Applicant/Developer shall comply with all Eastem PW, PL Issuance of Dublin Specific Plan EIR mitigation measures for mitigating potentially significant Grading/Sitewor plant and animal species impacts. Within 60 days prior to any habitat modification, k Permit Applicant/Developer shall submit a preconstruction survey, prepared by a biologist (to be approved and hired by the City prior to commencement of the survey.) Said survey shall examine whether any sensitive species exist on or adjacent to the site and, if any exist, shall include recommended protection plans, including any modifications to site design, for those sensitive species that may be discovered as a result of the survey. Applicant/Developer shall be responsible for the cost of the survey and staff review of the survey. The significance of any discoveries and adequacy of recommended protection measures shall be subject to the discretion of the Director of Community Development. Said protection plans and measures shall occur at least 21 days prior to anticipated habitat modification. Any updated surveys and/or studies that may be completed subsequently shall be submitted to the Department of Community Development (MND 98-062) Conditions of Approval. In submitting subsequent plans for review and approval, [~, PW Approval of Applicant/Developer shall submit six (6) sets of plans to the Public Works Improvement Plans and Final Department for plan check. Each set of plans shall have attached a copy of these Map Conditions of Approval with responses to conditions filled in indicating where on the plans and/or how the condition is satisfied. A copy of the Standard Public Works Conditions of Approval shall also be submitted which has been marked up to indicate where on the plans and/or how the condition is satisfied. The notations shall clearly indicate how all Conditions of Approval and Standard Public Works Conditions of Approval will be complied with. Improvement plans will not be accepted without the annotated conditions and standards attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participating non-City agencies. Building Permit. To apply for building permits, Applicant/Developer shall submit eight (8) sets of 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. Issuance of Building Permit Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with a 6' wood fence or with materials compatible to the main building. Units shall be permanently installed on concrete pads or other non- movable materials to approved by the Building Official and Director of Community B. PL Occupancy of Unit Street Names and Address Numbering System. Prior to approval and recordation of thc final map, street names shall be assigned to each public/private street pursuant to Municipal Code Chapter 7.08. Thc Applicant/Developer shall propose a list of preferred and alternate street names for review and approval by thc City and all interested outside agencies. Street names must not match or be closely similar to existing street names within Alameda County. After the map records but before Building Permits are issued, address numbers will be assigned to each dwelling unit based on thc existing address grid developed for Alameda County and available from the Dublin Building Official. The Applicant/Developer is responsible for developing thc addressing scheme for review and approval by thc Building Official. Addressing: Cluster Homes shall have the dwelling address posted and back lit at or near the front door and the garage vehicle door. Street Name Sign Content. Street name signs shall display the name of the street together with a City standard shamrock logo. Posts shall be galvanized steel pipe, break PW ;treet names to be prior to of Final Addresses be assigned B Completion PW Acceptance of Improvements Slope protection area. Immediately prior to construction (within 3 days), the slope protection area shall be surveyed thoroughly for Red-legged Frog (RLF) by the Ecological Monitor (EM). Ifa RLF is sighted, all work within 100 feet of the sighting shall cease until the biologist verifies that no RLF are present in the work area. Individuals surveying for frogs must meet the requirements contained in RLF the adopted MND and Mitigation Monitoring Plan for PA 98-062. The construction area shall then be hand cleared and a further survey made. At the conclusion of that survey, the construction area must be fenced with erosion control fabric held in place by t-posts and buried 4 inches in the surface to create a barrier to RLF movement the construction area. The barrier shall be inspected daily to ensure it maintains its integrity. Weekly surveys of both the construction and preservation zone shall be conducted to more specifically define RLF locations and movement areas and ensure that RLF do not move into the construction zone. (MM #1, #6 and #10) A yearly monitor compliance report shall be submitted to the City by November 1 st ot each year during construction of project PL Immediately prior to construction of the slope protection area Ecological monitor. During construction, an EM shall be on-site twice weekly to PL educate the construction crews as to the importance of the habitat on-site, ensure unintended impact do not occur, and that construction practices minimize temporary construction-related impacts. (MND PA98-062 & MM#4, #8 and #11) of riparian zone. The riparian zone shall be fenced at all times during PL construction with bright orange construction fencing. The fencing shall be installed at an off-set 10 feet from the edge of the riparian canopy to ensure no intrusion construction During construction 7 occurs in these areas. (MND PA98-062 & MM #5, #9 ,,& #12) Revegetation. Following construction, the "disturbed areas will be revegetated PL Following with native species to restore riparian habitat. (MM #2 & #7). During construction, I construction of all tree roots greater than 1 inch in diameter exposed by excavation will be cut and I bridges Improvement Agreement and Security. Pursuant to §7.16.620 of the Municipal PW Approval of Code and Subdivision Map Act §66499, the Applicant/Developer shall enter into I Final Map Improvement Agreement with the City at the time of Final Map approval to guarantee the required subdivision improvements. The Agreement will require [ Improvement Security to be posted to guarantee the faithful performance of the [ permitted work and the payment for lab_or and materials. Such Security shall be in the form of cash, a certified or cashier s check, a letter of credit, or surety bonds executed by the Applicant/Developer and by a corporate surety authorized to do I business in California. The amount of the Security guaranteeing faithful performance shall be 100% of the estimated cost of the work. The amount of the I Security guaranteeing the payment for labor and materials shall be 100% of the estimated cost of the work. The Applicant/Developer shall provide an estimate of these costs with the first submittal of the final map and improvement plans for checkine. Release of Security. When all improvements governed by the Improvement I PW Acceptance of Agreement are complete to the satisfaction of the City Engineer, the City Council ] Improvements will con,sider accepting the improvements and releasing the Security. Prior to the [ by City Council Council s acceptance, the Applicant/Developer shall furnish the following to the I I City: a) A Maintenance Bond or other replacement security in an amount equal to I 25% of the estimated cost of the work to guarantee against defects for a I one-year period. I b) As-Built or Record Drawings printed on mylar of all Improvement Plans I and maps associated with the project. I c) Digital computer files of the plans in a format compatible with the City's I GIS system. I d) A recorded copy of the Covenants, Conditions, and Restrictions that govern / the project. [ e) A Declaration or Report by the project Geotechnical Engineer confirming [ that all geotechnical and grading work associated with the project has been I performed in accordance with the Engineer's recommendations. I f) Payment of any outstanding City fees or other debts. g) Any other information deemed necessary by the City Engineer. Qmtcla~m of Private Access Easement. According to the Preliminary Titl,e, Report I PW Approval of by Old Republic Title Company dated 8/22/02 (Order No. 313545-SU), a 20 -wide I Final Map private access easement was granted across Lot 130 of Tract 7075 for the benefit of I Lots 131 and F. Since Lots 131 and F will be accessed from Street "A" when the I final map for Tract 7414 records, the existing easement shall be quitclaimed by the I owner(s) of Lots 131 and F, and a replacement easement across Street "A" shall be / granted' / Public Service Easement Dedications. Applicant/Developer shall dedicate a / PW Approval of public service easement over the entire width of the private street right-of-way for I Final Map Somerset Lane, Maymont Lane, and Street "A", and over the private access easements for the private courts. In addition, Applicant/Developer shall dedicate a 5' wide Public Service Easement along both sides of Somers,e,t Lane (except at the bridge), Maymont Lane (except at the bridge), and Street "A . Applicant/Developer shall dedicate a minimum 10' wide Public Service Easement over any needed joint utility trench lines and storm drain lines to the satisfaction of the City Engineer. Applicant/Developer shall also provide Public Utility Easements per the requirements of the City Engineer and/or public utility companies as necessary to serve this area with utility services, utility structures and allow for vehicular and utility service access. Dedication and Improvement of Emergency Vehicle Access Easements. Applicant/Developer shall dedicate an emergency vehicle access easement (EVAE) over the private portions of Somerset Lane, Maymont Lane, and Street "A". Applicant/Developer shall also dedicate an emergency vehicle access easement over the maintenance road on Parcels A and G, connecting Somerset Lane to the north end of Street "A". The grading, paved access and improvements shall be constructed in accordance to City street standards and approved by the City Engineer, Zone 7 and ACFD. Dedication and Improvement of Fire/Emergency Access. Applicant/Developer shall provide adequate access and turn-around for fire and other emergency vehicles (32 foot minimum radii for cul-de-sacs or approved hammerhead) per Alameda County Fire Department (ACFD) standard requirements in all public streets and Courts. Internal private streets and drive aisles shall be designed for f'lre and other emergency vehicles to conveniently pass through (20 foot minimum lane width) and have access to all buildings. Dedication and Improvement of Somerset Lane and Maymont Lane (Public Street) Applicant/Developer shall dedicate to the City of Dublin and improve Somerset Lane and Maymont Lane from Creekview Drive to the west bank of Tassajara Creek as public streets. The width for Somerset Lane shall be a 46' right- of-way, with a 32' curb-to-curb width, with a 10' sidewalk on the north side of the street. The width for Maymont Lane shall be a 42' right-of-way, with a 32' curb-to- curb width, with a 5' sidewalk on the south side of the street. The public portion of the road shall include a cul-de-sac turnaround on the west side of the creek, with a minimum radius of 30'. The west end of the road shall include a concrete curb and gutter and a decorative pavement band to clearly delineate the limits of public ownership. The cul-de-sac drainage shall be designed so that all runoff from the public portion of the street is intercepted by inlets and does not drain onto the street. Improvement of Somerset Lane and Maymont Lane Bridges Applicant/ Developer shall construct two bridges over Tassajara Creek within the Somerset Lane and Maymont Lane public rights-of-way, as shown on the tentative map. The final bridge design shall be approved by the City Engineer and by Zone 7, and shall be consistent with the requirements of any permits issued by jurisdictional agencies. The bridge abutments shall be designed to resist adverse impacts from potential creek scour in conformance with the letters from Zone 7 dated October 1, 2003, and from Biggs Cardoza Associates dated August 28, 2003, as required by the City Engineer and Zone 7 during final bridge design. The final bridge design shall allow for the bridges to remain serviceable (open to vehicle traffic) and resistant to damage at both the span and the approaches in the event of scour. The depth of the sewer siphon shall be increased as required by Zone 7. Final review of the siphon shall be subject to review by Zone 7. Improvement and Dedication of Somerset Lane, Maymont Lane, and Street "A" (Private Streets). Applicant/Developer shall dedicate to the Homeowner's Association and improve Somerset Lane, Maymont Lane, and Street "A" as shown on the tentative map. Private right-of-way width shall be 45', with a curb-to-curb width of 36' and a 4.5' sidewalk on both sides of the street. The curb-to-curb width may vary as shown on the tentative map to accommodate right-angle parking and PW, PO Approval of [mprovement Plans and Final Map; EVA to be Constructed as required by ACFD to serve each Phase PO Approval of Improvement Plans and Final Map; EVA to be constructed as required by ACFD to serve each Phase Dedication to occur on Final Map; Streets to be constructed and opened to the public as required by ACFD and PW to serve each Phase PW, Zone 7 Approval of Bridge Plans; Bridges to be constructed and opened to the public as required by ACFD and PW to serve each Phase PW Dedication to occur on Final Map; Streets to be constructed and opened to the public as required by landscape bulbouts. The sidewalk shall widen to a width of 6' along all right-angle ACFD and PW parking spaces to accommodate vehicle overhang, to serve each Phase Improvement and Dedication of Private Courts Applicant/Developer shall PW Dedication to improve and dedicate to the Homeowner's Association the private courts, as shown occur on Final Map; Courts to on the tentative map. The courts shall be located in a reciprocal access easement in be constructed favor of the adjoining lots. Pavement width shall be 22' minimum, with a minimum and opened to of 28' between the faces of the garages, the public as required by ACFD and PW to serve each Phase Tassajara Creek Parcel Lot Line Adjustment/Open Space Easement PW Prior to Abandonment Applicant/Developer shall complete a lot line adjustment between Approval of the Parcels "J" and "A" (access parcels) and Parcels "C", "D" and "E" (creek parcels) Final Map and Lot 130 of Tract 7075 to conform with the currently proposed location of the Maymont Lane and Somerset Lane extensions. Further, the Applicant/Developer shall process an application for abandonment of the existing open space easement over Parcel 130 of Tract 7075 to conform with the revised Somerset Lane and Maymont Lane extension. The easement abandonment must be approved by the City Council. If Council approval is not obtained, then the bridge alignments shall be moved to the original alignments created on the Tract 7075 final map. Zone 7 Parcels A, B, and C (Tassajara Creek) PL, PW, Acceptance of Applicant/Developer shall dedicate to Zone 7 the stream/open space corridor ZONE 7 the Improvements Parcels "A", "B", and "C" as shown on the tentative map. by the City Council Tassajara Regional Trail Improvements. Applicant/Developer shall construct PC, PW, Trail to be the Tassajara Creek Regional Trail on the west side of Parcel "A", from the north EBRPD, constructed and side of Somerset Lane to the north end of Lot 131 of Tract 7075, abutting the East ZONE 7 opened to the public as Bay Regional Park District property. Trail improvements shall consist of a 14' wide required by paved trail with a 4' gravel shoulder on the east (creek) side and a 2' gravel ACFD and PW shoulder and a concrete ditch on the west side, as shown on the tentative map. The to serve each trail shall be constructed per Zone 7 and East Bay Regional Park District standards. Phase The north end of the trail shall be designed to allow for a smooth extension onto the Park District property to the north. Final design shall be subject to approval of both agencies, as well as the City Engineer and Alameda County Fire Department. Trail improvements shall include fencing, bollards, and/or gates for unauthorized vehicle control at the entrances, including installation of a 2-rail fence along the east side of trail through Lot 131 The Applicant/Developer shall be eligible for Eastern Dublin Traffic Impact Fee (TIF) credits for the regional trail construction, as well as the widened walkway on the Somerset Lane bridge, as shown in the latest update of the TIF. Local Trail Improvements, Parcel B. Applicant/Developer shall construct a PL, PW, Zone 7's public bicycle/pedestrian path on the west side of Parcel "B", from Maymont Lane ZONE 7 acceptance of Parcel B, but not to Somerset Lane. Improvements shall consist of an 8'-wide paved trail, a 6'-wide later than the gravel shoulder on the east (creek) side, a 2'-wide gravel should on the west side, City Council's and a 2'-wide concrete ditch on the west side, as shown on the tentative map. The acceptance of trail shall be constructed per Zone 7 standards. Final design shall be subject to the the tract approval of the Zone 7 and the City Engineer. Trail improvements shall include improvements. fencing, bollards, and/or gates for unauthorized vehicle control at the entrances. Zone 7 Maintenance Road, Parcel C Applicant/Developer shall construct a P1, PW, Zone 7's maintenance road on the west side of Parcel "C", from Maymont Lane south to ZONE 7 acceptance of Parcel C, but not Parcel "D". Improvements shall consist of a 16' gravel road with a 2' wide concrete later than the 10 ditch on the west side of the road. The trail shall be constructed per Zone 7 standards. Trail improvements shall include fencing and gates at the Maymont Lane entry to prevent public use. Zone 7 Parcel D (Tassajara Creek) Applicant/Developer shall dedicate to Zone 7 the open space/creek parcel Parcel "D" as shown on the tentative map. Applicant/Developer shall construct a maintenance road on Parcel "D", from the north end of the parcel (connecting to the road on Parcel "C"), and extending south along the edge of the creek to a point 250' to the south, at which point the road will curve to the west away from the creek to a connection point with the maintenance road on the adjoining Alameda County property. A spur road shall be extended along the westerly edge of the property to a point 500' south of the north end of the property; a hammerhead turnaround acceptable to Zone 7 shall be provided at the south end of the road. The roads and any associated grading shall maintain a minimum 50' setback from the proposed frog pond. Improvements for the main road shall consist ofa 16' -wide gravel road, with a 2' -wide concrete ditch for the northerly 250' of the road along the creek; the ditch may be eliminated along the remainder of the road provided it is graded in a manner that allows sheetflow across the road and flows are not concentrated. Concrete, turfblock, or other approved material shall provided on the road to provide adequate traction on grades, as required by Zone 7. The spur road shall consist of gravel or a suitable all-weather surface such as turfblock, without a ditch. The spur road shall follow the alignment of the existing dirt road along the westerly property line, and shall be designed to minimize grading and to maintain a migratory corridor for frogs. Roads shall have a maximum grade of 8% and a minimum inside radius of 35', or with exceptions as as allowed by Zone 7. Improvements shall include construction of a gate at the Alameda County property connection. All improvements shall conform to the Zone 7 creek setback criteria, which is a 2.5:1 projection from the toe to the ground. Improvements shall generally conform to the preliminary plan shown on the tentative map. Final design shall be subject to the approval of Zone 7, the City Engineer, and the Director of Community Development. PW, ZONE7 City Council's acceptance of the tract Zone 7's acceptance of Parcel D, but not later than the City Council' s acceptance of the tract improvements. In the event that Zone 7 has not been able to secure a connection onto the Alameda County property prior to the City Council's acceptance of the tract improvements, Applicant/Developer may, with the City's approval, modify the maintenance road to eliminate the connection to the Alameda County property. The revised access shall include adequate access and turnaround provisions for Zone 7, and shall conform to the other provisions listed above. Applicant/Developer shall make provisions, on the final map or through separate agreement, for maintenance of the frog pond by the Tassajara Creek Maintenance Association, by the Homeowner's Association or other parties. ara Creek - License Agreement for Trail Use. Applicant/Developer shall cooperate with the City and Zone 7 to amend the City's license agreement with Zone 7, dated March 18, 1987, which grants to the City the use of Zone 7 creek maintenance roads for public pedestrian and bicycle access. Specifically, the license agreement shall be amended to cover the regional trail on Parcel "A", and the local trail on Parcel "B". Furthermore, the Applicant/Developer shall enter into a sublicense agreement with the City transfen'ing the maintenance and liability for the local trail to the Tassajara Creek Maintenance Association. The Applicant/ Developer shall cooperate with the City to develop a separate sublicense agreement between the City and the East Bay Regional Park District, transferring maintenance of the regional trail on Parcel "A" and Lot 131 to the EBRPD. In the event that EBRPD is unwilling to accept maintenance of the 11 PL, PW, EBRPD, ZONE 7 Zone 7's acceptance of any parcel within Tassajara Creek, but not later than the City Council's acceptance of the tract improvements. regional trail, the sublicense agreement with the Association shall be amended to cover the regional trail as well as the local trail. Stream Restoration Plan. This project is subject to the Eastern Dublin PC, PW, Approval of Comprehensive Stream Restoration Program. The coneptual landscape plans for the EBRPD, Improvement project incorporates the recommendations of the Tassajara Creek Subdivision ZONE 7 Plans; Restoration Tassajara Creek Restoration Plan prepared by Olberding Environmental, Inc. dated Work to be August 1, 2003, A final landscape plan shall be submitted for the riparian Constructed restoration and shall be subject to the review and approval of the Director of Prior to Community Development and by the City's Landscape Architect. The approved Acceptance of plan shall be implemented to the satisfaction of the City of Dublin. Creek Improvements restoration work (e.g.: removal of exotic plantings, supplemental native plants, etc.) shall be determined prior to construction by a biologist retained by the City and shall meet the requirements of the Eastern Dublin General Plan and Specific Plan EIR and the Mitigated Negative Declaration for this project. Restoration work shall be completed according to the timeframe contained in the Restoration Program. Trail and maintenance road construction shall be coordinated with any restoration work required under the Stream Corridor Restoration Program. Developer-provided bond or other financial security mechanism may be required. Tree plantings shall be located a minimum of 4 feet away from the regional trail. Open Space Parcels E, F, and G Applicant/Developer shall dedicate Open Space Dedication to Parcels "E", "F", and "G"to Zone 7. If Zone 7 will not accept the parcels they occur on Final Map; shall be dedicated to the HOA for Tract 7414.Applicant/Developer shall install Landscaping to improvements on parcels as shown on the tentative map, including a vegetated be constructed bioswale ,landscaping and fencing. A final landscape plan shall be submitted for as required by Parcels E, F and G and shall be subject to the review by the City's landscape PL and PW to architect. Final design of the bioswale and landscaping shall be to the satisfaction serve each Phase of the City Engineer and Director of Community Development. Maintenance and performance standards shall be submitted for review and approval by the City Engineer and the Director of Community Development. Maintenance of these parcels shall be the responsibility of the Tassajara Creek Maintenance Association. Open Space Parcel I-I Applicant/Developer shall dedicate to the Homeowner's PW Dedication to Association Open Space Parcel "H", as shown on the tentative map. Applicant/ occur on Final Map; Developer shall install improvements on parcels as shown on the tentative map, Landscaping to including landscaping. A final landscape plan shall be submitted for Parcel H and be constructed shall be subject to the review by the City's landscape architect. Final design of the as required by landscaping shall be to the satisfaction of the City Engineer and Director of PL and PW to serve adjacent Community Development. Maintenance standards shall be submitted for review Phase and approval by the City Engineer and the Director of Community Development. Maintenance of this parcels shall be the responsibility of the Homeowner's Association. Trash/Debris Removal on Open Space Parcels. The restoration/landscaping PW, PL Approval of work on Parcels A-G shall include removal of all abandoned vehicles, equipment, Improvement Plans and Final debris, and trash along the creek banks. In addition, the existing access roads shall Map; Cleanup be disked, ripped, or otherwise obliterated to allow planting of replacement Work to be vegetation. The existing bridge shall be removed, with the abutments left in place. Completed Prior This work shall be noted on the improvement and landscaping plans, to the City Council's Acceptance of the tract improvements Survey Control. Survey monuments shall be set in finished public streets and at PW Acceptance of designated property corners or other control points in accordance with the final Improvements by City Council maps recorded for this project, and as required by the City Engineer. Said street 12 monuments shall be set within twenty (20) seconds for any angle and 1 in 10,000 feet for distances between monuments as required by Municipal Code §9.20.040. In addition, pursuant to Subdivision Map Act §66497, the surveyor of record shall, within five days after the final setting of all monuments has been completed, give written notice to the City Engineer that the final monuments have been set. The Applicant/Developer shall then present evidence to the City Engineer of the payment and receipt of payment by the surveyor of record for the monument firements/Handicap Ramps. All handicap ramps shall comply with all current State disabled access requirements and City of Dublin Standards. PW Storm Drain Improvements. Applicant/Developer shall install all storm drain PW, improvements in general conformance with the tentative map, except that a public ZONE 7 drainage easement shall be dedicated over Parcel "F"., The Tassajara Creek Maintenance Association shall provide vegetation maintenance in the Parcel "F" swale. Storm drain improvements shall include a Stormcepter manhole or similar pollutant filter at the outfall of the storm drain into Tassajara Creek. The manhole and/or property lines shall be amended to locate the manhole within the Maymont Lane public right-of-way and outside the Zone 7 parcel. Applicant/Developer shall be responsible for obtaining all necessary permits from regulatory agencies for the outfall construction. Final design of the storm drain system and outfall shall be Zone 7 and the City Engineer. Storm Drain Maintenance Responsibilities Applicant/Developer shall dedicate ,w easements to the City over those portions of the storm drain system conveying runoff from public streets, consisting of the outfall, Stormcepter manhole, and pipes in Parcel "C",, and the system within the public portions of Somerset Lane and Maymont Lane.. The Homeowner's Association and/or Tassajara Creek Maintenance Association shall maintain the remaining portions of the system. Storm Inlet on Adjoining Alameda County Property. According to the preliminary utility plan by Ruggeri-Jensen-Azar Inc. (Sheet 3 of the Tentative Map exhibits), a storm water inlet is proposed on Alameda County property just west of the driveway separating Lots 70 and 74. Before installing said inlet, the Applicant/Developer shall submit written evidence that Alameda County has granted permission for this off-site improvement, and shall demonstrate that the Homeowner's Association will have a right to maintain the inlet in perpetuity. In the event the easement cannot be obtained, the project shall be modified to locate the inlet within Lots 70 and 74. Parkland Dedication - The developer shall be required to pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 60- 99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. No credit against the dedication requirement shall be given for open space within this ect. Streetlights. Streetlights on City streets inside project shall be the City Standard cobra head luminaries with galvanized poles. Either standard City cobra head luminaries or approved decorative lights may be used on residential private streets. Decorative lights shall be designed so as to not shine into adjacent windows. (All publicly-maintained street lights shall be annexed into the Citywide Street Light Maintenance Assessment District 1983-1 (for standard corbra-head type fixtures), or into the Dublin Ranch Street Light Maintenance Assessment District 1999-1. Acceptance of Improvements or Occupancy of First Unit in affected Phase Approval of Improvement Plans; Storm Drainage Improvements to be Constructed Prior to Acceptance of Improvements or Occupancy of First Unit in affected Phase Approval of Final Map PW Approval of Improvement Plans PW Approval of Final Map PW Approval of Improvement Plans; Streetlights to be Constructed Prior to Acceptance of Improvements or Occupancy of 13 Ail decorative street lights shall be maintained by the Homeowner's Association. A street lighting plan which demonstrates compliance with this condition shall be submitted prior to recordation of the Final Map and shall be subject to review and approval by the City Engineer. The type of residential streetlights used shall be located only on private streets and private court and shall be reviewed and First Unit in affected Phase Graded Slopes/Erosion Control. All landscaped and graded slopes in open space and creek areas shall be hydroseeded and treated with erosion control measures upon completion to prevent soil erosion. The hydroseed mix shall be subject to approval by the Director of Public Works. Geotechnical Report and Recommendations. The Applicant/Developer shall incorporate the recommendations of the Geotechnical report prepared for the project, and additional mitigation measures required by the City Engineer into the project. The Geotechnical Engineer shall certify that the project design conforms to the report recommendations prior to issuance of a Grading/sitework Permit. Grading on Adjacent Koller Property. According to the Vesting Tentative Tract Map exhibits by Ruggeri-Jensen-Azar & Associates, grading work is necessary on the adjoining Koller (Lot 131 of Tract 7075) property. Before commencing with any off-site grading, the Applicant/Developer shall provide written evidence from joining property owner that this work is allowed. Retaining Walls. All retaining walls over 30 inches in height and in a walkway shall be provided with guardrails. All retaining walls over 24 inches with a surcharge or 36 inches without a surcharge shall obtain permits and inspections from the PW PW B, PW October I of each year Issuance of Grading/Sitewor k Permit Issuance of Grading/Sitewor k Permit Through Completion Stop Sign Locations Applicant/Developer shall modify the existing intersections on Creekview Drive at Somerset Lane and Maymont Lane to provide a STOP sign, bar, and legend on the new west approach to each intersection. Somerset Lane and Street "A" Intersection. Applicant/Developer shall install a 3-way STOP control at the intersection Somerset Lane and Street A". Maymont Lane and Street "A" Applicant/Developer shall install s 3-way STOP control at the intersection of Maymont Lane and Street "A". Parking Assignment Eight (8) parking spaces shall be restricted by signing or markings for the exclusive use of the below-market rate units, as shown on the parking exhibit of the Planned Unit Development. The remaining spaces shall be and available to all residents and their guests.. No Parking. Applicant/developer shall install no parking anytime signs or painted red curbs on Somerset Lane and Maymont Lane between Creekview Drive and the west end of the public street. On-site parking shall be restricted to designated parking areas only. Areas along Street "A" that are not designated for parking shall have "No Stopping - Fire Lane" (Caltrans standard R26F) signs posted at Tassajara Road/1-580 Interchange Improvement Cost Contribution. Applicant/ Developer has previously paid a pro-rata share of the design and construction cost of interchange improvements at the Tassajara Road/1-580 interchange, as determined by the City Engineer. Developer shall receive credit towards the subdivision Traffic Impact Fees (TIF) for such contribution to interchange improvements in accordance to the City TIF credit policies. 14 PW Occupancy of the First Unit in affected Phase PW PW PW any Unit in affected Phase Occupancy of any Building in affected Phase Occupancy of any below market rate Building PW Occupancy of any Building in affected Phase PW Issuance of Building Permits Improvements. All improvements shall be to the satisfaction of Zone 7. Tassajara Creek. The subject property is located on Tassajara Creek (Line K). This portion of Tassajara Creek is included in Zone 7's "Project 1" Area, therefore, Zone 7 cannot reimburse for any channel improvements but can take ownership if improvements are made to Zone 7 satisfaction uirements and Fees. Applicant/Developer shall comply with all Alameda County Flood Control and Water Conservation District-Zone 7 Flood Control requirements and applicable fees. Salt Mitigation. Recycled water projects must meet any applicable salt mitigation requirements of Zone 7. Zone 7 Approval of Improvement Plans Zone 7's acceptance of any parcel within Tassajara Creek Zone 7, PW SDA 7-1 fees to be paid as follows: For Impervious Area within the public/private streets to be paid prior to approval of Final Map; For Impervious Area within each lot to be paid at the time of issuance of each Building Permit Approval of Improvement Plans Wells. Any water wells, cathodic protection wells or exploratory borings shown on the map that are known to exist, are proposed or are located during field operations without a documented intent of future use, filed with Zone 7, are to be destroyed prior to any demolition or construction activity in accordance with a well destruction permit obtained from Zone 7 and the Alameda County Department of Environmental Services or are to be maintained in accordance with applicable groundwater protection ordinances. Other wells encountered prior to or during construction are to be treated similarly Zone 7, PW Issuance of Grading/Sitewor k Permit Trees. The Applicant/Developer shall install all trees within the site, Somerset PL, PW Lane, and Maymont Lane fi.om the face of curb to the site right-of-way, and all street trees proposed within the public service easements, to the design and specifications of the Specific Plan and City of Dublin specifications, and to the satisfaction of the City Engineer and Director of Community Development. Street tree varieties shall be planted along all street frontages and shall be shown on the Landscaping plans; at least 20% of the trees shall be a minimum size of 24"-box, three trees shall be 36" box and the remainder shall be a minimum size of 15 gallon. Exact tree locations and varieties shall be reviewed and approved by the City Engineer prior to planting. The proposed variety of trees to be planted adjacent to sidewalks or curbs shall be submitted for review and approval by the City Engineer. Root barriers shall be required unless otherwise determined by the City Engineer and the Director of Community Development. Landscaping. The Applicant/Developer shall install all landscaping within the site, PL, PW Somerset Lane, and Maymont Lane from the face of curb to the site right-of-way, to the satisfaction of the City Engineer and Director of Community Development. Eighty percent (80%) of all shrubs shall be five (5) gallon can size and the balance shall be one (1) gallon can size minimum. Approval of Improvement Plans; Landscaping to be Constructed Prior to Acceptance of Improvements or Occupancy of First Unit in affected Phase. Occupancy of the First Unit in affected Phase 15 Project Entries and Focal Areas. The Applicant/Developer shall install enhanced landscaping at the entrances to the project along both sides of Somerset Lane and Maymount Lane from the trail to the residential lots to the to the satisfaction of the City Engineer and Director of Community Development. Landscaping may include retaining walls as necessary, 24" box trees, five gallon shrubs, ground cover and turf. PL, PW Parcel "E' Landscaping. The Applicant/Developer shall construct all landscaping PL, PW within Parcel "E", from the face of walkway to the maintenance road, to the satisfaction of the City Engineer and Director of Community Development. Trees, shrubs and ground cover selected for this area shall be native and shall be irrigated with a automatic underground irrigation system. Parcels "F and G" Bioswale. The Applicant/Developer shall construct the PL, PW bioswale within Parcels"F and G", to satisfaction of the City Engineer and Director of Community Development. Design of the bioswale shall be to current Best Management Practices and shall include a subdrain system. Trees, shrubs and ground cover selected for this area shall be installed to provide an appropriate transitional landscape area between the trail, bioswale and the homes. All plants shall be native with the exception of the hydroseeded perennial grasses and shall be irrigated with a fully automatic underground irrigation system. Parcel "H" Landscaping. The Applicant/Developer shall construct all landscaping PL, PW within Parcel "H", to the satisfaction of the City Engineer and Director of Community Development. Trees, shrubs, ground cover and grasses selected for this area shall be native and compatible with the oak grassland ecosystem. All ground cover, shrubs and trees shall be irrigated with a fully automatic underground irrigation system. Additional improvements shall include installation of one heavy >ark bench to be located near the sidewalk. Open Space and Stream Corridor Parcel Landscaping. The landscape improvements for creek open spaces and stream corridor Parcels "A"-"H" shall bc installed by Applicant/Developer concurrently with thc development of the adjacent residential parcel unless otherwise specified by thc City Engineer or thc Development Agreement. Restoration/establishment plans, maintenance standards and monitoring programs arc required for all stream corridors and open space areas that are proposed to bc planted with trees and shrubs and shall be approved by thc Engineer and thc Community Development Director. Fencing. The Applicant/Developer shall construct all fencing to the satisfaction of the City Engineer and Director of Community Development. Fencing shall be generally consistent with the Fencing Location Exhibit with the folowing amendments: a) Install 2 rail fence at the property line, north from Lot 1 along back of walk to the opening of the EVA Regional trail. Continue 2 rail fence on opposite side of EVA trail along property line to north comer of property, and westerly to Koller drive. Continue 2 rail fence at property line west from Koller drive to private lattice top wood fence. b) Install 2 rail fence from Lot 46 to Lot 50 at property line adjacent to open space. c) Install open wire fence at the ends of the common driveways, along the property line, from Lot 2 to 4, from Lot 6 to 9, from Lot 13 to 17, from Lot 20 to 23, from Lot 26 to 29, from Lot 32 t 35, from Lot 38 to 41, and from Lot 43 to 45. Provide detail for this fencing. d) Install 2 rail fence from east comer of Lot 105 to the Koller driveway. e) Install open wire fence from Maymont bridge south along the east side of the maintenance road to the gates f) Install 2 rail fence from the Maymont bridge to the Somerset bridge, along 16 Occupancy of the First Unit in affected Phase Occupancy of the First Unit in affected Phase Occupancy of the First Unit in affected Phase Occupancy of the First Unit in affected Phase PL, PW Approval of Improvement Plans; Landscaping to be Constructed Prior Occupancy of First Unit in affected Phase Occupancy of the First Unit in affected Phase the eastern edge of the maintenance road. g) Install 2 rail fence from Somerset bridge to the northernmost property line of Parcel "A" and then through Lot 131 to the EBRPD boundary, along the east side of the EVA trail. h) Install gates and/or other traffic control devices, at each intersection of the EVA trail and maintenance road with project streets, to the approvals of the director of Public Works and Community Director and Zone 7. i) Install open wire fence along west side of Lot 51 adjacent to open space j) All retaining wall design and construction shall be consistent with the design and construction of the perimeter wall. Bridge Enhancements. The Applicant/Developer shall add columns at each end and each side of the bridges with a similar design as the entry monuments as shown on sheet L-2 and to the satisfaction of the City Engineer and Director of Community Development. PL, PW Acceptance of Public Improvements by City Council Tree Protection and Preservation. The Applicant/Developer shall follow the tree preservation guidelines per the Tree Report for Phase 3, Yarra Yarra Ranch, Dublin, CA, prepared by HortScience, Inc, September 2003: Specifically: a) Tree Preservation Notes shall be placed on all civil, landscape, and bridge plans, b) The consulting arborist will identify a Tree Protection Zone for all trees to be preserved, in which no soil disturbance is permitted, except as approved by the Arborist. c) Any herbicides placed under paving materials must be safe for use around trees and labeled for that use. d) Fence all trees to be retained, to completely enclose the Tree Protection Zone prior to demolition, grubbing, or grading. Fences shall be orange construction fencing or equal. Fencing shall be placed at the drip-line, and shall remain until all grading and construction is completed. e) Trees in the area of the creek crossings shall be pruned by a Certified Arborist or Tree Worker, according to ANSI A300 and Z133 standards, as well as the Best Management Practices of the International Society of Arboriculture, to provide adequate clearance for construction. Clearance shall be provided by selectively thinning low-hanging lateral branches. f) Any grading, construction, demolition or other work within the Tree Protection Zone shall be monitored by the Consulting Arborist. g) Any root pruning required for construction shall receive the prior approval of, and be supervised by, the Consulting Arborist. h) If injury should occur to any tree during construction, it shall be evaluated as soon as possible by the Consulting Arborist so that appropriate treatments can be applied. i) No excess soil, chemicals, debris, equipment, or other materials shall be dumped or stored within the Tree Protection Zone. j) Any additional tree pruning needed for clearance during construction must be performed by a Certified Arborist and not by construction personnel. PL Ongoing during Construction Open Space Management Program. The Open Space Management Program by 17 Program approved prior Oberding Environmental dated January 15, 2003 shall be revised as needed resulting from adopted conditions of approval of the Vesting Tentative Map. The revised Open Space Management Program shall be submitted for approval by the Community Development Department. The Open Space Management Program shall reflect any changes in the open spaces resulting from conditions of approval of the project. The Management Program for Open Space areas shall be in addition to any Fire Buffer Zone and shall address maintenance of enhanced landscape areas, noxious weed control and fire control. Standards to ensure the healthy establishment and survival of all Open Space plantings shall be designated in the Open Space Management Program and shall be subject to final review and approval by the City at Applicant/Developer's expense. The program shall include provisions for mowing and removal of cut plant materials, debris, and other miscellaneous trash items. The requirements of this program shall be included in the Maintenance Association CC&R's and shall be subject to review and approval by the Community Development Director and City Engineer. Any necessary restoration of Open Space plantings shall be the responsibility of the Maintenance Association, and shall be completed according to the time frame contained within the Management Program. If the Open Space plantings are not maintained according to the standards established by the Management Program, the City will have the right, but not the obligation, to take corrective measures and to bill the Maintenance Association for the cost of such maintenance and corrective measures plus the City overhead costs. Landscape Maintenance Applicant/Developer shall maintain landscaping after City-approved installation until the appropriate Homeowner's Association or the Tassajara Creek Maintenance Association is established or amended to assume the maintenance responsibilities. This maintenance shall include replanting, reseeding, irrigation, weeding and the application of pre-emergent chemicals. Landscaping at Aisle Intersections. Landscaping at aisle intersections shall be such that sight distance is not obstructed. Except for trees, landscaping shall not be higher than 30 inches above the curb in these areas. to Approval of Final Map. CC&R's submitted prior to Recordation of Final Map and approved prior to Occupancy of Any Unit PL, PW Acceptance of Improvements by City Council , PW Approval of Improvement Plans Landscape plantings. Establishment and Maintenance of required and~or optional landscape plantings shall be the responsibility of the developer. A bond or other to ensure survival of plantings. PW, PL Acceptance of Improvements by City Council Utilities Service Report and Plan. Applicant/Developer shall submit will-serve letters to the City Engineer and Community Development Director to document that domestic fresh water, electricity, gas, telephone, and cable television service will be :o each residence. Utility Boxes shown on Landscape Plans. Applicant/Developer shall show all utility boxes or structures over 2 feet square on the Landscape planting plan showing how the utility boxes will be screened and blended in the proposed landscape of street parkways and other areas. Also the boxes shall be placed not to interrupt spacing of street trees and other landscape features to the satisfaction of the City Engineer and Community Development Director. Utility Trenches/Undergrounding/Utility Plans. Applicant/Developer shall construct all joint utility trenches (such as electric, telephone, cable TV, and gas) in accordance with the appropriate utility jurisdiction. All communication vaults, electric transformers, cable TV boxes, blow-off valves and any appurtenant utility items thereto shall be underground and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the City Engineer and any applicable agency. Conduit shall be under the sidewalk within the public right of way to allow for street tree planting. Utility plans, showing the location of all PW, PL Approval of Improvement Plans PW, PL Approval of Improvement Plans PW Occupancy of affected units 18 proposed utilities (including electrical vaults and underground transformers) behind the sidewalk shall be reviewed and approved by the City Engineer. Location of these items shall be shown on the Final Landscaping and Lrrigation Plan. Any above ground utilities of boxes over 3' x3' shall be screened from public view to the satisfaction of the City Engineer. DSRSD Conditions. All in-tract potable and recycled water and wastewater pipelines and facilities shall be constructed by the Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements. Applicant/Developer shall also comply with all of the following conditions: DSR General Conditions Complete improvement plans shall be submitted to DSRSD that conform to the requirements of the DSRSD Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities," all applicable DSRSD Master Plans and policies, and all Recycled Water Design and Construction Standards. Issuance of Building Permits All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specific review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present value 20-year maintenance costs as well as other conditions within a separate agreement with Applicant/Developer for any project that requires a pumping station. ;uance of Building Permits Approval of Improvement Plans Domestic and fire protection waterline systems for residential 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 practices. Approval of Improvement Plans DSRSD policy requires public water and sewer lines to be located in public streets rather than in oft-street locations to the fullest extent possible. If unavoidable, public sewer or water easements must be established over the alignment of each public sewer or water line in an off-street or private street location to provide access for future maintenance and/or Approval of Improvement Plans The locations and widths of all proposed easement dedications for water and sewer lines Issuance of shall be submitted to and approved by DSRSD. Grading Permit All easement dedications for DSRSD facilities shall be by separate instrument irrevocably Approval of offered to DSRSD or by offer of dedication on the Final Map. Final Map The Final Map shall be submitted to and approved by DSRSD for easement locations, Approval of widths, and restrictions. Final Map All utility connection fees, plan-checking fees, inspection fees, permit fees, and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. ]ssuance of Building 19 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, Applicant/Developer shall pay all required DSRSD fees, and provide an engineer's estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. Applicant/Developer shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. No sewer line or water line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the DSRSD conditions herein have been satisfied. Issuance of Building Permits Issuance of Building Permits and all DSRSD aircmcnts The Applicant/Developer shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify the same from any litigation, claims, or fines resulting from completion of the project. The project lies within the area annexed to the District in 1995 as DSRSD Annexation 94- 1. All properties within this annexation are subject to District conditions that restrict the availability of services. All parcels which seek service with the District within this area are also subject to a Condition of Annexation requiring an Areawide Facility Agreement which regulates the manner and timing of services by the District. On-going Issuance of Building Permits The project is located within the District Recycled Water Use Zone #1 (Ord. 276), which calls for installation of recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Major recycled water facilities are described in the DSRSD Eastern Dublin Facilities Plan Update, June 1997. Unless specifically exempted by the District Engineer, compliance with Ordinance 280, as may be amended or superseded, is required. Irrigation water services as necessary for this development shall connect to any off site extension and stub out to the property line adjacent to the irrigation service tap, to allow for conversion when recycled water is available. Improvement plans shall include required recycled water improvements. Completion of Improvements The parcel proposed for development has been excluded from the Water Service Area of the District by special condition imposed at the time of annexation to the District. Removal of this condition and inclusion of the parcel into the Water Service Area of the District requires independent action by the DSRSD Board of Directors. The subdividing area shall be included within the Water Service Area of the District prior to approval by for recordation of the final map. Construction by Applicant/Developer. All in-tract potable and recycled water DSR, PW and wastewater pipelines and facilities shall be constructed by the Applicant/Developer in accordance with all DSRSD master plans, standards, and requirements. Final Map Completion of Improvements Responsibilities for Subdivider. Applicant/Developer shall comply with all implementation "responsibilities for subdivider" as outlined in Tables 9.1 and 9.2 of the "Wastewater Service Matrix of Implementation Responsibilities" and Table 3 "Storm Drainage Matrix Implementation Responsibilities of the Eastern Dublin Specific Plan dated January 7, 1994 for water systems incorporated herein by reference and the Water Efficient (Chapter 8.88). DSR, PW Approval of Improvement Plans EVA/multi use road. The EVA shall be paved for a 14 feet width with gravel compacted to support the weight a fire apparatus to provide a 20 feet width. The triangular shaped landscaped area in the north side EVA (near the gates) shall be reduced in size to allow a 20 ft wide EVA. Approval of Improvement Plans Gates shall comply with the City of Dublin, Zone 7 and EBRPD Approval of Improvement 20 requirements. All gates across Fire Department access ways shall have a minimum Plans 12-foot clear, unobstructed linear width and a clear vertical height of 13 feet 6 inches. All locking devises shall provide for Fire Department emergency access. All gate plans shall be approved by the Fire Prevention Bureau prior to construction. Automatic Fire Sprinklers. Homes shall be provided with automatic sprinkler F Approval of systems as indicated on PUD Sheet 7, or as required by the ACFD.. Improvement Plans EVA Easement. The Applicant/Developer shall provide a copy of the recorded F Approval of easement or final map showing the EVA for the project. Improvement Plans Fire Hydrant Fire Flow. The Applicant/Developer shall show location of the fire F Improvement hydrants and provide fire flow information from DSRSD to ACFD. Plans Fire Hydrants. The Developer shall provide DSRSD standard steamer type (1-4- F Building permit 1/2" and 1-2-1/2" outlet) fire hydrant(s). Bollards shall be provided for the protection of fire hydrants subject to vehicle damage at the request of the ACFD. Fire Hydrant location markers. The Developer shall identify the fire hydrant F Building permit locations by installing reflective "blue dot" markers adjacent to the hydrant 6 inches off center from the middle of the street. Fire apparatus roadways. Fire apparatus roadways shall extend to within 150 feet F Occupancy of of the most remote first floor exterior wall of any building. Fire apparatus First Unit in roadways shall have a minimum unobstructed width of 20 feet and an unobstructed affected Phase vertical clearance of not less than 13 feet 6 inches. Roadways less than 36 feet wide shall be posted with signs and shall have red curbs painted with labels on one side, unless otherwised approved by the ACFD. Roadways less than 28 feet side shall be posed with signs and shall have red curbs painted with labels on both sides of the street, unless otherwise approved by the ACFD. The labels shall read as follows: "NO STOPPING FIRE LANE - CVC 22500.1" Weight. Fire apparatus roadways and bridges must be capable of supporting the F Improvement imposed weight of fire apparatus and must be provided with an all-weather driving plans surface. Only paved surfaces are considered to be all-weather driving surfaces. Turnarounds. The Developer shall make provisions so that fire apparatus roads in F Improvement excess of 150 feet in length have approved apparatus turnarounds, plans Fire access prior to vertical construction or combustible storage on site. Fire F Building Permit. access roadways and water supply must be in place prior to vertical construction or combustible storage on site. A plan showing the access and water supply shall be submitted and approved by the Fire Prevention Bureau prior to issuance of a building permit. Weed abatement program. The Developer shall provide a weed abatement F Approval of program before, during and after construction for vegetation within 100 feet from Imp. Plans, On- going combustible construction and 30 feet from the street and property lines, construction and after Occupancy of each Unit in affected Phase. Wildland or open space interfaces. If Development interfaces with wildland or F Grading/Sitewor open space areas, a separate landscape plan for vegetation fuel modification and/or k Permit buffer zone(s) featuring fire resistive and drought tolerant varieties is required to be submitted and approved by the ACFD, City of Dublin, Fire Prevention Division, prior to issuance of grading and building permits. The zone(s) shall be shown/designated as separate lettered lots. The plan shall include dedicated easements for emergency and maintenance access to these zones. The maintenance, in perpetuity, for the zones and emergency/maintenance access ways shall be assigned to either the Homeowner's Association, the Tassajara Creek Maintenance Association, or other approved agent. These responsibilities shall be disclosed to 21 property owner(s) by way of deed restrictions and/or covenants, conditions and restrictions. Fire flow and hydrant location. The Fire Prevention Bureau shall approve F Improvement minimum fire flow and fire hydrant location, plans Mowing of weeds. The Developer or a lighting and landscape maintenance district F Approval of and/or maintenance association shall ensure that weeds and grassy areas adjacent CC&R's open space areas (with the exception of the creek) are mowed as required by the ACFD or City of Dublin. Street Names. All new street names and addressing shall be submitted for approval F Final Map to the Administrative Mapping Division of the ACFD, City of Dublin, Fire Prevention Division and the Alameda County Planning Department. ACFD Rules, Regulations and Standards. Applicant/Developer shall comply F Issuance of with all Alameda County Fire Services (ACFD) rules, regulations and standards, Building including minimum standards for emergency access roads and payment of Permits applicable fees, including a City of Dublin Fire Capital Impact Fee. Uniform Building and Fire Codes. The project shall comply with the Uniform B, F Throughout Building and Fire Codes as adopted by the City of Dublin at the time of building ~roject permit, including the wildfire management plan and heritage tree ordinance. Wildfire Management Plan. The applicant shall comply with the City's Wildfire PL, F Approval of Management Plan for covering long-term maintenance of the urban/open-space CC&R's interface. The Plan requirements shall be incorporated into the CC&R's for the project. If a Wildfire Management Plan has not been adopted prior to approving the CC&R's for the project, the applicant shall provide a project specific wildfire management plan and shall submit this plan prior to recordation of the Final Map. Driveways. A driveway access serving one dwelling/structure shall have a F Improvement minimum 12 foot unobstructed linear width providing all portions of the first floor plans are within 150 feet of the required standard 20-foot wide minimum access road. A driveway serving two dwelling/structures shall have a minimum 12 foot unobstructed linear width. All driveway accesses shall meet Fire Department standards for distance, weight loads, turn radius, grades and vertical distance requirements. Approved tumarounds shall be required for distances over 150 feet from approved access roads. Other mitigation shall/may be required in addition to those listed. Minimum number of access roads. The minimum number of access roads serving F Occupancy of residential developments shall be based on the number of dwelling units served and each Unit in affected Phase shall be as follows: a) 1 ~25 units, one public access road. b) 26-74 units, one public access road and one emergency vehicle access road c) 75 plus units, at least two public access roads. Secondary Emergency Vehicle Access Route. In accordance with the ACFD PW, F, B Occupancy of requirements, for all phases of development in excess of 25 lots, each Unit in Applicant/Developer shall provide secondary emergency vehicle access routes into affected Phase all proposed residential developments. In all phases of development in excess of 75 lots, Applicant/Developer shall provide a second street access into all proposed residential developments. Applicant/Developer shall demonstrate how emergency access requirements shall be achieved on the Improvement Plans to the satisfaction of the City and the ACFD. Access Phasing Plan. Submit a plan before construction begins showing how the F, B, PW Approval of construction shall be phased in regard to completion of the bridges and the EVA Improvement access road. If applicable submit a phased occupancy plan also. The access roads Plans and hydrants shall be installed and in service prior to the storage of combustibles or 22 vertical construction. Address numbers. Approved address numbers shall be placed on all new and existing buildings. The address shall be positioned as to be plainly visible and legible from the street or road fronting the property. Said numbers shall contrast with their Occupancy of each Unit in affected Phase Residential Security. The project shall comply with the City of Dublin Residential PL, B Security Requirements and the Conditions of Approval for the Vesting Tentative Occupancy of each Unit Addresses. Unit addresses shall be lighted at night and clearly visible fi'om the middle PL, 13 of the street. Occupancy of each Unit project shall conform to the Residential Building Security Requirements of the currently adopted Uniform Building Security Code as amended Chapter 7.32.220 of the Dublin Municipal Code PL, B, PO Issuance of Building permit Traffic and Towing. The Developer shall either: (1) Post private street areas in accordance with California Vehicle Code regulations; and/or (2) Traffic and towing must be covered by CC&R's of the Homeowners Association. PL, B Approval of CC&R's and Occupancy of each Unit in affected Phase Access to Koller. The turnaround and parking area at the north end of the project shall PL, B be posted to ensure access to the property north of the project is maintained. Unit on Koller The Developer and/or Property Owner shall keep the site clear of graffiti vandalism on a regular and continuous basis at all times. Graffiti resistant materials and foliage should be used PL, B On-going Locator Markers. The trail along the east edge of the project shall have locator markers to assist in emergency response needs. PL, B Occupancy of each Unit in affected Phase Restricted Access to Zone 7 Parcel D. The design of the Zone 7 access at the southeast edge of the project shall limit access to unauthorized persons and vehicles. features to accomplish this should include gates and signage. Perimeter fencing. Perimeter fencing for the project shall be at a minimum height of six (6) feet. Hours Security. The perimeter of the site shall be fenced during construction, and security lighting and patrols shall be employed as necessary. The Developer shall provide after hours call-out information to Police Services on an "Emergency Response Form." All information shall be kept current and up to date. Projected Timeline. Developer shall submit a projected timeline for project completion to the Dublin Police Services Department, to allow estimation of staffing requirements and assignments. PL, B Acceptance of Parcel D by Zone 7 PL, B Occupancy of each Unit in affected Phase PL, B On-going during Construction PO Issuance of Building Permits for each Phase Asbestos. a) All regulated asbestos containing material (RACM) shall be removed prior to the renovation or demolition of structures on the property that could impact or disturb RACM. Any asbestos-containing material (ACM) that is friable, or may become damaged or friable during repairs, renovation, or demolition shall be removed prior to those destructive activities. b) Prior to removal of ACM an asbestos abatement/specification shall be prepared which sets forth the guidelines for proper and cost effective removal of ACM. The project specification shall outline the performance parameters for hazard remediation work standards, contamination control, health and safety, contractor qualifications, regulatory compliance, clearance and release criteria, and other requirements specific to this PL, PW Prior to renovation or demolition of structures Prior to removal of ACM 23 project. c) The design/specification shall be prepared by a qualified firm and shall be to the satisfaction of the City Engineer. [ d) Only qualified asbestos abatement contractors licensed by the Sate of [of Pri°rACMt° removal California and registered with the Department of Occupational Safety and I Health shall remove ACM. I Ongoing e) The Applicant shall obtain an EPA generator identification number if I greater than 50 pounds of friable/hazardous ACM will be removed and I disposed of. The number can be obtained by calling (916) 324-1781. I Ongoing f) An on-site monitor qualified as in "d" above shall observe the removal of ACM by the contractor to ensure compliance with accepted industry I During ACM standard practices and regulatory standards.Iremoval g) A final visual inspection and clearance air monitoring shall be performed by I a firm qualified as in "d" above to certify that industry clearance standards I are met prior to general re-entry of the asbestos abatement work area. The I Prior to re-entry inspection and clearance shall be reviewed and approved by the City of the asbestos abatement area Engineer. 12{ Lead. Lead paint was found on the east side of Tassajara Creek within the overall PL Prior to project site area, containing lead at or above the "action level" of 0.5% by weight or I contractor bidding on work 5,000 mg/kg. I a) The Applicant shall disseminate a copy of the ProTech Lead Survey and Evaluation report dated August 29, 1997, as well as any other lead-related [ Ongoing information to all prospective contractors bidding on work at the subject site. b) Contractors shall employ HUD developed; lead safe work practices if lead I coated surfaces are to be impacted or disturbed. These would include I Prior to issuance methods for controlling lead dust; properly controlling, collecting and I of disposing of lead waste; worker training, monitoring, and protection; and I Grading/Sitewor environmental monitoring. ] k permit I c) The Applicant shall establish baseline soil and dust levels at the project site. I I 5ontra,,ctors performing work at the site shall be required to leave the site / [ clean relative to pre-existing conditions as established by baseline I sampling. I Approval of Improvement Plans 128. Covenants, Conditions and Restrictions (CC&Rs). , Occupancy of An Association shall be formed by recordation of a declaration of Covenants, [ First Unit I Conditions, and Restrictions. Said declaration shall set forth the name of the I association, ownership of the Common Area, the restrictions on the use or I I enjoyment of any portion of the Common Area for maintenance and/or access, and I the bylaws, rules and regulations of the Association. Prior to recordation, said I I CC&R document shall be reviewed by the City for compliance with this Condition. I / The CC&Rs shall address maintenance of private streets, open space, including fire I buffer zones; wildfire management areas; stream restoration landscape areas; I [ community and neighborhood entries; landscaping, parkway areas, monumentation, I private lighting, signage, walls, and fences, street trees, street signs, walks, street [ furniture, and the potential impacts that Camp Parks will have on the future 24 residents (i.e., the CC&Rs should include a Camp Parks disclosure statement). The Declaration will specify that, as it pertains to the maintenance of the site improvements described by the Development Agreement, it cannot be amended without the consent of the City. The CC&Rs shall ensure that: A Homeowner's Association shall be established for lots 1 through 108, complete with Bylaws, that will monitor and provide oversight to the ownership and maintenance of private streets (including any decorative paving on private streets), private drainage, and private street lights, landscaping and improvements within Open Space Parcel "H" owned by the HOA and all other common improvements. The Tassajara Creek Maintenance Association shall, upon completion of improvements, assume, maintenance of landscaping on Parcels "A", "B", "C .... D", "E", "F" and "G" which are owned by Zone 7 or the Homeowner's Association, Maymont Lane and Somerset Lane rights of way, and shall also monitor and maintain the California Red-Legged Frog seasonal pond on Parcel "D", the regional trail on Parcel "A"(unless the regional trail is maintained by EBRPD), the private trail on Parcel "B", and urban/open space interface and common areas as described above and elsewhere in these conditions relating to project improvements and obligations. The applicant shall provide proof of a financial security the satisfaction of the City Attorney and Community Development Director that will cover the cost of maintaining the above referenced landscaping and seasonal pond in perpetuity. In the event that any area falls into a state of disrepair or fails to meet the Performance Standards established by Olberding Environmental for the Tassajara Creek Restoration Plan, the City will have the right but not the obligation to take corrective measures and bill the appropriate security fund, homeowner and/or maintenance association for the cost of such repair and corrective maintenance work plus City overhead. These requirements shall be included in the project CC&Rs. The CC&Rs shall insure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all commonly owned facilities, property and landscaping, including but not limited to private open space areas, lighting, landscape and irrigation facilities, fencing, and drainage and erosion control improvements. The parking of recreational vehicles between a building and a private street, along a private street, and along any public streets shall not occur. Recreational Vehicles are defined as a motorhome, travel trailer, utility trailer, boat on a trailer, horse trailer, camper where the living area overhangs the cab, camping trailer, or tent trailer, with or without motive power. The landscaping and irrigation on individual parcels not maintained as common area by the Association shall be maintained and kept in good order by the resident and/or owner of each residence. Private streets shall be posted in accordance with California Vehicle Code Section 22658, Sections 1 and 2. Fire lanes shall also be vith California Vehicle Code Section 22500.1. Affordable Housing Agreement. An Affordable Housing Agreement shall be entered into by the Developer and the City of Dublin as required by Section 8.68 of the Dublin Municipal Code. PL Final Map Construction Noise Management Program/Construction Impact Reduction PL and/or Issuance of Plan. Applicant/Developer shall conform to the following Construction Noise PW Grading Permit Management Program/Construction Impact Reduction Plan. Construction shall be conducted so as to minimize the impacts of the construction on the existing community and on the occupants of the new homes as they are completed. Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580) to the job site. Primary route shall be from 1-580 along Tassajara Road. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. 25 2. The construction site shall be watered at regular intervals during all grading activities. The frequency of watering should increase if wind speeds exceed 15 miles per hour. Watering should include all excavated and graded areas and material to be transported off-site. Use recycled or other non-potable water resources where 'easible. 3. Construction equipment shall not be left idling while not in use. 4. All construction equipment shall be fitted with noise muffling devises. I 5. Erosion control measures shall be implemented during wet weather to assure that sedimentation and erosion I do not occur. 6. Mud and dust carried onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. 7. Excavation haul trucks shall use tarpaulins or other effective covers. I 8. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. [ 9. Houses will be constructed in phases such that most of the construction traffic can be routed into the I subdivision without traveling in front of existing homes that are occupied. [ 10. After grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: ] A. Inactive portions of the construction site should be seeded and watered until grass growth is evident. / B. Require that all portions of the site be sufficiently watered to prevent excessive amounts of dust. / C. On-site vehicle speed shall be limited to 15 mph. / D. Use of petroleum-based palliatives shall meet the road oil requirements of the Air Quality District. Non- petroleum based tackifiers may be required by the City Engineer. { E. The Department of Public Works shall handle all dust complaints. The City Engineer may require the [ services of an air quality consultant to advise the City on the severity of the dust problem and additional ways to ~ mitigate impact on residents, including temporarily halting project construction. Dust concerns in adjoining ~ communities as well as the City of Dublin shall be addressed. Control measures shall be related to wind conditions. Air quality monitoring of PM levels shall be provided as required by the City Engineer. l11. Construction interference with regional non-project traffic shall be minimized by: ] A. Scheduling receipt of construction materials to non-peak travel periods. ~ B. Routing construction traffic through areas of least impact sensitivity. / C. Routing construction traffic to minimize construction interference with regional non-project traffic movement. [ D. Limiting lane closures and detours to off-peak travel periods. E. Providing ride-share incentives for contractor and subcontractor personnel. [ 12. Emissions control of on-site equipment shall be minimized through a routine mandatory program of low- 137. I Temporary Fencing. Temporary Construction fencing shall be installed along B, PW On-going during perimeter of all work under construction, construction 26 Postal Service. Applicant/Developer shall confer with local postal authorities to determine the type of mail units required and provide a letter from the Postal Service stating its satisfaction with the units proposed. Specific locations for such units shall be subject to approval and satisfaction of the Postal Service and the Director of Community Development and City Engineer. A plan showing the locations of all mailboxes shall be submitted for review and approval by the City PL, PW Occupancy of First Unit in affected Phase Dust Control/Cleanup. Applicant/Developer shall ensure that areas undergoing PW grading and all other construction activity are watered or other dust control measures are used to prevent dust problems as conditions warrant or as directed by the City Engineer. Further, Applicant/Developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean- shall be made during the construction period as Hours of operation. Construction and grading operations shall be limited to week- PL days, Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:00 p.m. The City Engineer may approve work on Saturday and hours beyond the above mentioned days and hours with the understanding that the developer is responsible for the additional cost of the Public Works inspectors' overtime. Archaeology - Should any prehistoric or historic artifacts be exposed during excavation and construction operations, the Department of Community Development shall be notified and work shall cease immediately until an archaeologist, who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA), is consulted to evaluate the significance of the find and suggest appropriate mitigation measures, if deemed necessary, prior to resuming ground breaking construction activities. Standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the California Environmental Quality Act Guidelines. Stationary Source Emissions. Applicant/Developer shall ensure that stationary source emissions associated with project development are minimized. The requirements of Mitigation Measure 3.11/12.0 of the Eastern Dublin EIR shall be accomplished by the following requirements: On-going during construction On-going during construction PL, PW, B On-going during construction PL Issuance of Building Permits for each affected Phase a) The houses shall be designed to meet or exceed the requirements of Title 24 of the California Code of Regulations (energy efficiency requirements). By meeting or exceeding these requirements, the houses will require less energy to heat and cool, thereby reducing the emissions created in the production of electric power and created by burning natural gas. b) The subdivision will utilize curbside recycling, which will reduce the amount of solid wastes from the subdivision, which would be deposited at a landfill site, thereby minimizing the amount of nitrous oxide emissions from the landfill. c) During rough grading construction the construction site will be regularly watered to contain dust, and after construction the front yards and street landscaping will be installed, thereby minimizing the amount of air pollution caused by airborne dust from the site. Rodenticides and Herbicides. The use of rodenticides and herbicides within the project area shall be performed in cooperation with and under the supervision of the Alameda County Department of Agriculture and will be restricted, to the satisfaction of the Director of Community Development, to reduce potential impacts to wildlife. School Mitigation Agreement. The Developer shall enter into a School Mitigation 27 PL PL On-going during construction Agreement with the Dublin Unified School District. Permits for each affected Phase Hold Harmless. The Applicant/Developer shall hold the City harmless for all costs PL, PW and expenses, including attorney's fees, incurred by the City or held to be the liability of the City in connection with the City's defense of its actions in any proceeding brought in any State or Federal court challenging the City's actions with to the Applicant/Developer's project. Federal and State Permits.. The Applicant Developer shall receive all necessary PL, PW permits from the U.S. Fish and Wildlife Service or State Department of Fish and Game prior to any grading of the project site. On-going Prior to issuance of Grading/Sitewor k Permit. Kit Foxes. Should any Kit Foxes be discovered on the site either during the Preconstruction Survey or during project construction, the Applicant/Developer shall be responsible for complying with the Kit Fox Protection Plan (Refer to EDSPEIR and MND for PA 98-062). PL, PW On-going during construction. SITE DEVELOPMENT PERMIT {PHASES III AND V) SITE DEVELOPMENT REVIEW - GREENBRIAR Phase III CONDITIONS Approval. PA 02-048, Greenbriar Homes Communities, Inc. - Tassajara Creek, Vesting Tentative Map 7414 is approved to subdivide an existing 20.34 acre parcel into individual lots for 108 detached homes and open space, a stream corridor and a regional trail. This approval shall conform generally to the plans, text, and illustrations contained in the Planned Unit Development Plans, including Sheets 1 through 8, prepared by Ruggeri-Jensen-Azar and Associates (October 10, 2003), the Vesting Tentative Map prepared by RJA and Associates, Sheets 9 through 14 (October 10, 2003), the Streetlight Plans prepared by Giacalone Design Services, Inc., Sheets SL1 through SL3 (September 4, 2003), the Landscape Plans Sheets L1 through L3 and the Tassajara Creek Restoration Plan Sheet IA prepared by The Guzzardo Partnership, Inc. (October 10, 2003), the Architectural Plans Sheets 1 through 17 prepared by the Dahlin Group (September 12, 2003), and all other plans, programs, texts and diagrams submitted as part of the subdivision proposal on file in the Conmaunity Development Department unless modified by the Conditions of Approval contained herein. Standard Conditions. The project shall comply with the City of Dublin Site Development Review Standard Conditions. PL Approval of any plan or filing of final map PL, B On-going lse Numbers List. Applicant/Developer shall submit a house numbers list corresponding to the lots shown on the Tentative Map. Said list is subject to of the Director of Community Development. PL Issuance of Building Permits Term. Approval of the Site Development Review shall be valid for one year from PL effective date of project approval. If construction has not commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon determination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the of the Site Development Review.) Revocation. The SDR will be revocable for cause in accordance with Section PL Approval of Improvement Plans On-going 28 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or On-going conditions of this approval shall be subject to citation. 6. Wildfire Management Plan. The project is subject to the approved Wildfire Management Plan. B, F, PL 7 Green Building Guidelines. To the extent practical, the applicant shall Issuance of theinC°rp°rateBuildingGreenofficialBUildingfor review.Measures' Green Building plan shall be submitted to B / ThroughBUilding Permits 8 Third floor units. The first of each plan constructed with three floor shall be surveyed for actual square footage of the thrid floor. Certification shall be provided [ Completion to the Building Division prior to insulation of selected units. At the option of the BUILDING OFFICIAL the City may select other units for review at time of the [ third floor diaphragm inspection. If any unit is determined to be over 500 square [ feet by the City, developer shall have said unit surveyed. 9 [ Decks. Decks within or facing the Wildfire Management Plan shall be one-hour B, F, PL [ Issuance of [ fire resistive construction, heavy timber construction or constructed with I Building Permits I Completion [ noncombustible materials. See Wildfire Management Plan for specific I and Through [requirements 1 ( I Air Conditioning Units - Air conditioning units and ventilation ducts shall be B, PL [ Occupancy of Unit I screened from public view using materials compatible with the main building or by I [ 6 ft. fence. Units shall be permanently installed plumb and level on concrete pads I or other non-movable materials to be approved by the Building Official and [ Director of Community Development. Air conditioning units shall be located such I that each dwelling unit has one side yard with an unobstructed width of no less I than 36 inches. 1 ~ I Automatic Garage Door Openers - Automatic garage door openers shall be B, PL I Occupancy of Unit I prov. ided fo.r all dwell!ng units and shall be of a roll-up type. Garage doors shall I Fences. Fences within or facing the Wildfire Management Plan that are B, F, PL Issuance of constructed of combustible materials shall be separated from the perimeter of Building Permits and Through buildings containing habitable space by connecting to buildings with a Masonry Completion Pilaster. See Wildfire Management Plan for detail of Pilaster. Perimeter Walls and Fences. Design of the masonry perimeter wall along the PW, PL Approval of west boundary of the project shall reflect the design concept shown on Sheet L-2 Improvement Plans of of the Tassajara Creek Phase III project (PA 02-048). Installation shall be to the satisfaction of the City Engineer. The wall shall be constructed to ensure its long term utility and appearance. Solid perimeter walls shall not be permitted along the west and east property boundary for the two-acre estate lot (Lot 131, Tract 7075) and open space parcels. As noted in the PUD Plans, fences will be limited to open design fences to provide for California Red Legged Frog migratory patterns to the eastern uplands and require approval by the Community Development Director. Wall or Fence lteights. All wall or fence heights shall be 6 feet high (except in PW Approval of those locations where Section 8.72.080 of the Zoning Ordinance requires lower Improvement fence heights). All walls and fences shall be designed to ensure clear vision at all Plans street intersections to the satisfaction of the City Engineer. Retaining walls. All retaining walls over 30 inches in height and in a walkway B, PW Issuance of shall be provided with gnardrails. All retaining walls over 24 inches with a Building Permits surcharge or 36 inches without a a surcharge shall obtain permits and inspections from Building Division. Level area on both sides of fence. Fencing placed at the top of banks/slopes shall PW, PL l ssuance of 29 be provided with a minimum one-foot level area on both sides in order to facilitate Grading/Sitework I maintenance by the pro erty owners. Permit · , · 1~TM Parking. Applicant/Developer shall provide parking in compliance with the PD [ PL Completion of I Stage 2 Development Plan (PUD Sheet 5) [ Improvements 18 Recreational Vehicle Parking. Recreation vehicle (as defined in the Dublin Acceptance of Zoning Ordinance) parking shall be prohibited on public streets. Signs shall be Cityhnpr°vementScouncil by 19 Residential Security. The project shall comply with the City of Dublin I PL, B Occupancy of I Residential Security Requirements and the Conditions of Approval for the Vesting I Units Final Landscaping and Irrigation Plan. Applicant/Developer shall submit a PL, PW Issuance of Final Landscaping and Irrigation Plan, conforming to the requirements of Section [ Building Permits 8.72.030 of the Zoning Ordinance (unless otherwise modified by Conditions of this I Resolution), stamped and approved by the City Engineer and the Director of I Community Development. Alameda County Fire Department approval is also I required where this project is adjacent to wildfire areas. That plan should generally conform to the Conceptual Landscape Plans , except where modified by I conditions of approval of the Stage 1 and Vesting Tentative Map and stream I restoration program for this project (PA02-048). I Final Landscape Plan Review. The plant palette varieties shall be shall be I PL Issuance of subject to review and approval of the Director of Community Development and I Building Permits reviewed by the City's Landscape Architect to determine compatibility with I reclaimed water use, where appropriate. An irrigation plan shall be submitted with I Final Landscape Plans indicating that the system is designed for reclaimed water, I where required by DSRSD. I Landscaping required. All front yards and common areas shall be landscaped by I PL Prior to the Applicant/Developer prior to occupancy of the adjacent homes. I Occupancy of first Unit in affected Phase [ Fire-resistant or drought tolerant plant varieties. Fire-resistant or drought [ PL, F Issuance of [ tolerant plant varieties shall be provided in the plant palette to the maximum extent [ Building Permits I possible. I Monument Signs. Design of any monument signs within the development shall I PL, PW Completion of / be approved by the Director of Community Development to assure compatibility ] Improvements [ with design elements of the project and by the City Engineer to assure [ I unobstructed traffic visibility, f / PL Backflow Devises. Backflow devises shall be hidden from view by means o / Approval of Improvement I fencing, enclosures, landscaping and/or berms. [ Plans . [ Water Efficient Landscape Regulations. Applicant/Developer shall ensure that / PL, PW, Approval of Final / the Final Landscaping and Irrigation Plan conforms to the City's Water Efficient [ DSR Landscape Plans [ Landscal,e Re ~mlati~lud~.~_~,d~al ?i ,in 27 Itealth, Design and Safety Standards. Prior to final approval allowing [ PW, PC Occupancy of Unit OCCUpancy of any new home, the physical condition of the subdivision and the lot where the home is located shall meet minimum health, design, and safety standards I [ including, but not limited to the following: I 30 The streets providing access to the home shall be complete to allow for safe PL Occupancy of Unit traffic movements to and from the home. . All traffic striping and control signing on streets providing access to the pw Occupancy of Unit home shall be in place. All street name signs on streets providing access to the homes shall be in PL Occupancy of Unit place. . All streetlights on streets providing access to the homes shall be energized pw Occupancy of Unit and functioning. All repairs to the street, curb, gutter, and sidewalk that may create a hazard pw Occupancy of Unit shall be required or any non-hazardous repairs shall be complete and bonded for. Cluster homes shall have the dwelling address posted and backlit at or near B, F, PL Occupancy of Unit the front door and the garage vehicle door. ~ The lot shall be f'mish graded, and final grading inspection shall have been B Occupancy of Unit approved by the Building Department. . All sewer clean-outs, water meter boxes, and other utility boxes shall be set PW Occupancy of Unit to grade to the approval of the Director of Public Works. I I The homes shall have received all necessary inspections and have final o Occupancy of Unit I I approval by the Building Department to allow occupancy. I I All fire hydrants in streets providing access to the homes shall be operable F Occupancy of Unit I [ to City and ACFD standards. ] ' I All streets providing access to the homes shall be improved to an adequate PW, F Occupancy of Unit [ ] width and manner to allow for fire engine circulation to the approval of the I I Director of Public Works and ACFD. I [ All mailbox units shall be at the back of the curb/sidewalk as appropriate. PL Occupancy of Unit [ I The developer shall submit a mailbox design and location plan to indicate [ / where mailboxes and associated lighting will be accommodated. The I [ Postmaster shall be consulted for design criteria. Architectural / [ enhancements should be provided to community mailboxes where visible / [ from the project streets. / ~' / Exterior lighting shall be provided for dwelling entrances and shall be of a PL, PO Occupancy of Unit / /design and placement so as not to cause glare onto adjoining properties. / · / Lighting used after daylight hours shall be adequate to provide for security PL, PO, B Occupancy of Unit [ / needs. (Photometrics and lighting plans for the site shall be submitted to the ] [ Department of Community Development and Dublin Police Services for [ / review and approval prior to the issuance of building permits) 28 [ Glare/Reflective Finishes - The use of reflective finishes on building exteriors is PL Issuance of / prohibited. In order to control the effects of glare within this subdivision, Building Permits 29 Phased Occupancy Plan. If occupancy is requested to occur in phases, then all PL, B Prior to Occupancy physical improvements within each phase shall be required to be completed prior for any affected to occupancy of units within that phase except for items specifically excluded in an Unit. approved Phased Occupancy Plan, or minor hand work items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Director of Community Development for review and approval a minimum of 45 days prior to the request for occupancy of any unit covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all lots in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and separated from remaining additional construction 31 activity. Subject to approval 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 Access and the Phased Occupancy Plan Prior to the issuance of the first building permit, applicant shall provide either A) Authorization from Alameda County for the use of the Alameda County private road and a paved access road from the Alameda County road to the appropriate building location or B) Either the Maymont Lane or the Somerset Lane Bridge shall be completed. An adequate water supply shall be in place and approved by the Fire Department prior to the storage of combustible material or vertical construction is started. Prior to the first certificate of occupancy either the Maymont Lane or the Somerset Lane Bridge shall be completed. Prior to issuance of the 26th building permit south of Somerset Lane Bridge, both bridges shall be complete. Prior to issuance of the 26th building permit north of Somerset Lane Bridge, one bridge and the Emergency Access Road shall be completed. Prior to issuance of the 75th building permit both bridges and the Emergency Access Road shall be completed. (Issuance of Building Permits and Through Completion) Responsible Agency - Building / Fire / Public Works. B, F, PW Issuance of Building Permits and Through completion gment. Applicant/Developer shall obtain a written acknowledgment (secured from the individual property owner) acknowledging the continuance of construction activity within the unoccupied phases of the project. The written acknowledgment shall include a statement that the property owner has reviewed and understands the following: a) Access and Phased Occupancy Plan. b) The proximity to the Department of the Army Parks Reserve Forces Training Area, County Sheriff training facilities and associated noise from the bomb detonation facility, firing ranges and emergency vehicle training c) Restrictions for parking on streets within the subdivision. No Parking areas, as established with the improvement plans, towing, and other traffic safety regulations shall be described. Additional parking restrictions (e.g.: red curb areas) may be applied in the future if traffic safety or circulation problems arise. d) Special standards for this development regarding yard setbacks for cluster units. Said acknowledgments are subject to City Attorney review and approval. Applicant/Developer shall keep a copy of said written acknowledgment on file and shall submit the original signed acknowledgment to the Department of Community Development within three (3) days upon request of the Director of Community Development. If Applicant/Developer fails to comply, the Director of Community Development may require the submittal of the written acknowledgment prior to release of occupancy of any future units and/or future phases. Plot Plan. A plot plan for each lot shall be submitted and approved by the Director of Community Development before approval of building permits for the respective lot. Said plot plan shall include pad elevations, unit number and type, dwelling umt outline, air conditioning units, setbacks, lot drainage, and street ~ locations. PL, ADM, B Sale of any unit within a phase PL Issuance of Building Permits Residential Units shall comply with the architectural drawings submitted by The Dahlin Group and shall generally conform to the colors and materials book for the Tassajara Creek Phase III project PA 02-048, on file in the City of Dublin ~artment of Community Development. PL Issuance of Building Permits 32 Development Agreement. Approval of this Site Development Review is subject to Applicant/Developer securing approval from the City Council of a Development as required by the Eastern Dublin Specific Plan. Infrastructure Sequencing Program. The Development Agreement shall include an infrastructure sequencinl~ pro,am and shall be recorded. Building Permit. To apply for building permits, Applicant/Developer shall submit eight (8) sets of 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. PL Recording of Final Map B Recording of Final Map Issuance of Building Permit Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Impact fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Development Agreement. Un-issued building permits subsequent to new or revised TIF's shall be subject to recalculation and assessment of the fair share of the new or revised fees. PW, PL Various times, but no later than Issuance of Building Permits Parkland Dedication - The developer shall be required to pay a Public Facilities Fee in the amounts and at the times set forth in the City of Dublin Resolution No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. No credit against the dedication requirement shall be given for open space within this ect. PL As required in Development Agreement Compliance With Requirements. Applicant/Developer shall comply with all applicable requirements of the Alameda County Fire Department, Public Works Department, Dublin Police Service, Alameda County Flood Control District Zone 7, and Dublin San Ramon Services District. F, PW, PO, Zone 7, DSR, PL Approval of Improvement Plans 33 SITE DEVELOPMENT REVIEW - KOLLER SITE (LOT 131) / PHASE IV - CONDITIONS Approval. This Site Development Review approval for Tassajara Creek Phase V of the Greenbriar Homes Communities, Inc. project (Lot 131 of Tract 7075), PA 02-048 establishes the detailed design concepts and regulations for the project. Development pursuant to this Site Development Review generally shall conform to the Planned Unit Development Plans, including Sheets 1 through 8, prepared by Ruggeri-Jensen-Azar and Associates (October 10, 2003), the Vesting Tentative Map prepared by RJA and Associates, Sheets 9 through 14 (October 10, 2003), the Streetlight Plans prepared by Giacalone Design Services, Inc., Sheets SL1 through SL3 (September 4, 2003), the Landscape Plans Sheets L1 through L3 and the Tassajara Creek Restoration Plan Sheet L4 prepared by The Guzzardo Partnership, Inc. (October 10, 2003), Architectural Plans prepared by K+M for a single-family estate home dated July 29, 1998, and the Tassajara Creek color schemes book on file in the Department of Community Development, and other plans, text, and diagrams relating to this Site Development Review, unless modified by the Conditions of Approval contained herein. Standard Conditions. The project shall comply with the City of Dublin Site Review Standard Conditions. House Numbers List. Applicant/Developer shall submit a house numbers list corresponding lots shown on the Tentative Map. Said list is subject to approval of the Director of Community Development. Term. Approval of the Site Development Review shall be valid for one year from effective date of approval by the Planning Commission. If construction has not commenced by that time, this approval shall be null and void. The approval period for Site Development Review may be extended six (6) additional months by the Director of Community Development upon deternfination that the Conditions of Approval remain adequate to assure that the above stated findings of approval will continue to be met. (Applicant/Developer must submit a written request for the extension prior to the expiration date of the Site Development Review.) PL PL, B PL PL Issuance of Building Permit On-going Issuance of Building Permit Issuance of Building Permit Revocation. The SDR will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of thi,q approval shall be subject to citation. Wildfire Management Plan. The project is subject to the approved Wildfire Green Building Guidelines. To the extent practical, the applicant shall incorporate Green Building Measures. Green Building plan shall be submitted to the Building Official for review. PL On-going B, F, PL B On-going Issuance of Building Permits Decks. Decks within or facing the Wildfire Management Plan shall be one-hour fire resistive construction, heavy timber construction or constructed with noncombustible materials. See Wildfire Management Plan for specific uirements B, F, PL Issuance of Building Permits Air Conditioning Units - Air conditioning units and ventilation ducts shall be screened from public view by a 6 ft. fence or materials compatible with the main building. 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. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of no less than 36 inches. B, PL Occupancy of Unit 34 Occupancy of Unit not intrude into th_e priv_ate_ acc_es_s_ea, sements. _ .............. Issuance of Building Permits aa~e~ears~ fnry B, F, ~'L Issuance o~ Building Permits and Through Completion !i!ig ] pW, PC Approval of Improvement Plans pWi~P Approval of Improvement Plans Issuance of Building Permit ~ahe~!!~~!v1;~eaat ;hnebt~t~l ~[dbeas inknS/oSJ~eP;:o pw, PL Issuance of Building Permit Trail To Be Constructed Prior Inspection of New Residence and Utility Releases 35 Park District property to the north. Final design shall be subject to approval of both agencies, as well as the City Engineer and the Director of Community I Development. Trail improvements shall include fencing, bollards, and/or gates I for unaut.horized vehic, le control at the entrances, including a 2-rail fence along Completion of Improvements Occupancy of Unit posted to that effect. I Residential Security. The project shall comply with the City of Dublin PL, B Occupancy of Resi.dential Sec. urity Requirements and the Conditions of Approval for the I Unit Issuance of Building Permits Stream Restoration Plan. This project is subject to the Easte ' Landscape Plan Comprehensive Stream Restoration Program. The project includes the Tassajara I to be Approved Creek Subdivision Tassajara Creek Restoration Plan prepared by Olberding I of Pri°rBuildingt° Issuance Environmental, Inc. dated August 1, 2003, I Permit: A final landscape plan shall be submitted for the riparian restoration and shall be I Landscaping to subject to the review and approval of the Director of Community Development I be completed prior to final and by the City's Landscape Architect. The approved plan shall be implemented I inspection of to the satisfaction of the City of Dublin. Creek restoration work (e.g.: removal house or utility of exotic plantings, supplemental native plants, etc.) shall be determined prior to I releases construction by a biologist retained by the City and shall meet the requirements of the Eastern Dublin General Plan and Specific Plan EIR and the Mitigated Negative Declaration for this project. Restoration work shall be completed I according to the timeframe contained in the Restoration Program. Trail and I maintenance road construction shall be coordinated with any restoration work I required under the Stream Corridor Restoration Program. Developer-provided bond or other financial security mechanism may be required. Tree plantings shall [ be located a minimum of 4 feet away from the regional trail. Landscaping work shall include an open wire fence along the open space easement line from Parcel "A", Tract 7414 to the East Bay Regional Park District property. I Landscaping required. All front yards and common areas shall be landscaped I PL Prior to by the Applicant/Developer prior to occupancy of the adjacent homes. I Occupancy Fire-resistant or drought tolerant plant varieties. Fire-resistant or drought I PL, F Issuance of tolerant plant varieties shall be required in the plant palette. I Building Pemfits Backflow Devises. Backflow devises shall be hidden from view by means of I PL Issuance of fencing, enclosures, landscaping and/or berms. I Building Pemfit Water Efficient Landscape Regulations. Applicant/Developer shall ensure I PL, PW, DSR Approval of Final that the Final Landscaping and Irrigation Plan conforms to the City's WaterI Landscape Plans Efficient Landscape Regulations, including dual piping to facilitate furoreI recycled water. I 36 Health, Design and Safety Standards. Prior to final approval allowing occupancy of any new home, the physical condition of the subdivision and the lot where the home is located shall meet minimum health, design, and safety standards including, but not limited to the following: PW, PL Occupancy of Unit The streets providing access to the home shall be complete to allow for safe traffic movements to and from the home. PL Occupancy of Unit All traffic striping and control signing on streets providing access to the home shall be in place. PW Occupancy of Unit All street name signs on streets providing access to the homes shall be in fiace. PL Occupancy of Unit All streetlights on streets providing access to the home shall be energized and functioning. PW Occupancy of Unit All repairs to the street, curb, gutter, and sidewalk that may create a hazard shall be required or any non-hazardous repairs shall be complete and bonded for. PW Occupancy of Unit The lot shall be finish graded, and final grading inspection shall have been B Occupancy of by the Building Department. Unit All sewer clean-outs, water meter boxes, and other utility boxes shall be PW Occupancy of set to grade to the approval of the Director of Public Works. Unit The home shall have received all necessary inspections and have final B Occupancy of Unit the Building Department to allow occupancy. All fire hydrants in streets providing access to the homes shall be operable to City and ACFD standards. All streets providing access to the home shall be improved to an adequate width and manner to allow for fire engine circulation to the approval of the Director of Public Works and ACFD. Unit PW, F Occupancy of Unit All mailbox units shall be at the back of the curb/sidewalk as appropriate. The developer shall submit a mailbox design and location plan to indicate where mailboxes and associated lighting will be accommodated. The Postmaster shall be consulted for design criteria. Architectural enhancements should be provided to community mailboxes where visible from the project streets. Exterior lighting shall be provided the dwelling entrances and shall be of a dacement so as not to cause glare ~erties. used after daylight hours shall be adequate to provide for security needs. (Photometrics and lighting plans for the site shall be submitted to the Department of Community Development and Dublin Police Services for review and approval prior to the issuance of building permits) Glare/Reflective Finishes - The use of reflective finishes on building exteriors is prohibited. In order to control the effects of glare within this subdivision, reflective glass shall not be used on all east-facing windows. PL Occupancy of Unit PL Unit PL, PO, B Occupancy of Unit of Building Permit Access and the Phased Occupancy Plan. The project is subject to requirements for access and phased occupancy plan of Vesting Tentative Tract 7414. Acknowledgment. Applicant/Developer shall obtain a written acknowledgment (secured from the individual property owner) acknowledging the continuance of construction activity within the unoccupied phases of the project. The written acknowledgment shall include a statement that the property owner has reviewed B, F, PW Issuance of Building Permit and Through )letion PL, ADM, B Occupancy of Unit 37 and understands the following: a) Phased Occupancy Plan. I b) The proximity to the Department of the Army Parks Reserve Forces Training Area, County Sheriff training facilities and associated noise I from the bomb detonation facility, firing ranges and emergency vehicle training. c) Restrictions for parking on streets within the adjacent subdivision. No Parking areas, as established with the improvement plans, towing, and other traffic safety regulations shall be described. Additional parking [ restrictions (e.g.: red curb areas) may be applied in the future if traffic safety or circulation problems arise.d.d. Special standards for this development regarding yard setbacks for cluster units. Said acknowledgments are subject to City Attorney review and approval. Applicant/Developer shall keep a copy of said written acknowledgment on file and shall submit the original signed acknowledgment to the Department of Community Development within three (3) days upon request of the Director of [ Community Development. If Applicant/Developer fails to comply, the Director of Community Development may require the submittal of the written acknowledgment prior to release of occupancy of any future units and/or future phases. 31 Plot Plan. A plot plan shall be submitted and approved by the Director of [ PL Issuance of Community Development before approval of building permits for the residence. I Building Permits [ Said plot plan shall include pad elevations, unit number and type, dwelling unit I tcks, lot draina e, and street utility locations. 32 Residential Units shall comply with the architectural drawings submitted by PL Issuance of KM+P and shall generally conform to the colors and materials book for the ] Building Permits [ Tassajara Creek Phase III and Lot 131 of Tract 7075 (project PA 02-048) on file ~ in the City of Dublin Del ~artment of Community Devel~ >ment. I "33 Building Permit. To apply for building permits, Applicant/Developer shall B Issuance of submit eight (8) sets of construction plans to the Building Division for plan I Building Permit check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. I Applicant/Developer will be responsible for obtaining the approvals of all i I participation non-City agencies prior to the issuance of building permits. I 34 Fees. Applicant/Developer shall pay all applicable fees in effect at the time of I PW, PL Final Building ] building permit issuance, including, but not limited to, Planning fees, Building I Permits I fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin I Unified School District School Impact fees, Public Works Traffic Impact fees, I City of Dublin Fire Impact fees; Noise Mitigation fees, Inclusionary Housing In- I Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) [ ] Drainage and Water Connection fees; and any other fees as noted in the [ ] Development Agreement. Un-issued building permits subsequent to new or I revised TIF's shall be subject to recalculation and assessment of the fair share of I the new or revised fees. I 35 / Parkland Dedication - The developer shall be required to pay a Public Facilities I PL Addressed in Fee in the amounts and at the times set forth in the City of Dublin Resolution I Development I / No. 60-99, adopted by the City Council on April 6, 1999, or in the amounts and I Agreement 38 at the times set forth in any resolution revising the amount of the Public Facilities Fee, as implemented by the Administrative Guidelines adopted by Resolution 195-99. No credit against the dedication requirement shall be given for open space within this project. 36 Compliance With Requirements. Applicant/Developer shall comply with all F, PW, PO, Approval of applicable requirements of the Alameda County Fire Department, Public Works Zone 7, DSR, Improvement Department, Dublin Police Service, Alameda County Flood Control District PL Plans Zone 7, and Dublin San Ramon Services District. PASSED, APPROVED AND ADOPTED this 28th day of October, 2003. AYES: NOES: ABSENT: ATTEST: Planning Commission Chairperson Community Development Director g:\pa02-048\PC tentative map and SDR Reso 39 CEQA ADDENDUM FOR THE GREENBRIAR PROJECT PA 02-048 October 22, 2003 On May 10, 1993, the Dublin City Council adopted Resolution 51-93 certifying an Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan ("Eastern Dublin EIR" SCH # 91103064). The certified EIR consisted of Draft EIR and Responses to Comments bound volumes, as well as an Addendum dated May 4, 1993 assessing a reduced development area project alternative. The City Council adopted Resolution 53-93 approving a General Plan Amendment and Specific Plan for the reduced area alternative on May 10, 1993. On August 22, 1994, the Council adopted a second Addendum updating wastewater disposal plans for Eastern Dublin. The Eastern Dublin EIR evaluated the potential environmental effects of urbanizing Eastern Dublin over a 20 to 30 year period. Since certification of the EIR many implementing projects such as the Greenbriar project have been proposed, relying to various degrees on the first-tier certified EIR. The Council adopted a subsequent Mitigated Negative Declaration for the entire Greenbriar project on March 7, 2000. This Addendum has been prepared pursuant to CEQA Guidelines section 15164 for the current Greenbriar project as described below. Project Description and Prior Approvals The City approved development of the Greenbriar site in March 2000. The approvals included General Plan and Eastern Dublin Specific Plan amendments, and a PD rezoning/Stage 1 Development Plan for 445 residential lots on 64.35 acres, to be developed in five phases. A Vesting Tentative Map and Site Development Review were also approved for Phase I of the development. A Vesting Tentative Map and Site Development Review was later approved for Phase II of the development. This Addendum refers to these approvals collectively as "the Greenbriar approvals". The current application proposes a PD rezoning to amend the Stage 1 Development Plan to shift 85 residential units from Phase III to Phase IV. The PD rezoning would also adopt a Stage 2 Development Plan for Phase III, including 108 units and related improvements, and a Stage 2 Development Plan for a single family home on Phase V. The current applications include a Vesting Tentative Map for Phase III and Site Development Review for Phases III and V. A Development Agreement will also be required. This Addendum refers to these applications collectively as "the Project". The Project is further described in the Initial Study referenced below. Prior CEQA Analyses and Determinations Eastern Dublin EIR. The Project is within the Eastern Dublin planning area which was the subject of the Eastern Dublin EIR, certified in 1993. The EIR analyzed the potential effects of future urban development planned for a largely undeveloped area east of the then-existing City. Numerous environmental impacts were identified and numerous mitigation measures adopted upon approval of the Eastern Dublin General Plan Amendment and Specific Plan. For identified impacts that could not be mitigated to insignificance, the City Council adopted a Statement of Overriding Considerations. All previously adopted mitigation measures for development of Eastern Dublin that are applicable to the Project and Project site continue to apply to the current Project. The Eastern Dublin EIR is incorporated herein by reference. Greenbriar Mitigated Negative Declaration. Development of the entire 64.35 acre Greenbriar site was further reviewed in a Mitigated Negative Declaration (MND) assessing the potential for site- specific impacts of proposed development. Tiering from the program-level review in the Eastern Dublin EIR, the MND examined the potential for significant impacts not identified in the prior EIR. The City ATTACHMENT Council approved Resolution 31-00 adopting the MND on March 7, 2000, which resolution is incorporated herein by reference. Relying on the Eastern Dublin EIR and Greenbriar MND, the Council approved the Greenbriar proposal. Construction of Phases I and II of the Greenbriar development is nearly complete, with all improvements installed and housing construction nearly finished. The Greenbriar development as analyzed in the adopted MND proposed 445 residential lots across a 64.35 acre site with drainage outfalls into Tassajara Creek and future construction of two bridges across the creek. Trails, project-related grading and other improvements were also proposed in the creek area. The proposed development and these improvements raised environmental concerns, primarily about water quality and biological resources. These issues were addressed not only in the draft MND, but also in responses prepared by the City to comments received during the MND public review period. The Draft MND dated October 12, 1999 and the Responses to Comments dated February 11, 2000 (RTC) are incorporated herein by reference. In response to these concerns, the Greenbriar approval required that an open space easement be created along the creek corridor, in which improvements would be permitted only as specified in the approval. Upon approval of the Greenbriar development in 2000, the City determined that the site specific impacts of the development were adequately addressed in the Eastern Dublin EIR and the Greenbriar MND and that significant impacts of the project were adequately addressed by adopted mitigation measures of both documents. The City also determined that there was no new information showing new or substantially more severe impacts. (Resolution 31-00.) Current CEQA Analysis and Determination that an Addendum is Appropriate for the Project The current Project proposes to amend portions of the original Greenbriar approval by shifting 85 residential units from Phase III to Phase IV. The current Project also proposes detailed construction plans for Phases III and V, and includes related detailed information on development and improvement of these two phases. Consistent with CEQA Guidelines section 15063(c)(7), the City prepared an Initial Study to determine whether the previous environmental documents could be used for the Project or whether supplemental environmental review would be required pursuant to CEQA Guidelines section 15162. Updated Initial Study. The City has determined that an Addendum is the appropriate CEQA review for the Project. Prior to making this determination, the City reviewed the Eastern Dublin EIR and previous MND to determine if any further environmental review was required for the current PD rezoning, vesting tentative map and site development review applications. The City also reviewed the applicant's Tassajara Creek Red-Legged Frog Monitoring Report dated July 2003, and Tassajara Creek Phase III Development Project Restoration Plan dated August 1, 2003. The monitoring report reviewed the effectiveness of Red-legged frog mitigations required by the Greenbriar approvals and implemented during construction of Phases I and II. The report confirmed that no frogs were observed in the construction area. The restoration plan report includes protective measures for riparian area features approved in the Greenbriar approvals and proposed for construction in Phases III and V. In particular, this report describes the creation of a Red-legged frog breeding pond also approved in the Greenbriar approvals and proposed for construction with the current Project. The City prepared an updated Initial Study dated October 21 2003 and incorporated herein by reference, reflecting the monitoring, restoration plan, and other biological resource reports as included in the Project. Through the Initial Study, the City examined whether the Project would require additional review under CEQA Guidelines section 15162, as further described below. No Subsequent Review is Required per CEQA Guidelines section 15162. CEQA Guidelines section 15162 identifies the conditions requiring subsequent environmental review. After review of these 2 conditions, the City has determined that no subsequent EIR or negative declaration is required for the Project. a) Are there substantial changes to the project involving new or more severe significant impacts. There are no substantial changes from the project analyzed in the Eastern Dublin EIR and the Greenbriar MND. The Project is consistent with the residential uses and densities in the General Plan and the Eastern Dublin EIR. The Project is consistent with the rezoning and Stage 1 Development Plan approved in 2000 as to the location and extent of development areas and the location and extent of improvements within the open space corridor. The Project proposes to amend the Stage 1 Development Plan to shift 85 residential units from Phase III to Phase IV, which is located along Tassajara Road. This shift moves density from west of the creek to east of the creek, closer to Tassajara Road and other existing development. The shift also moves density to an area that is flat and already approved for similar development in the original Stage 1 Development Plan. The shifted units would be subject to development policies and standards in the City's adopted scenic corridor policies, such as varied roof lines, heights and pitches and other similar measures for development along a scenic corridor. None of these changes involves new or more severe significant impacts beyond those previously identified in the Eastern Dublin EIR and Greenbriar MND. b) Are there substantial changes in the conditions in which the project is undertaken involving new or more severe significant impacts. There are no substantial changes in the conditions assumed in the Eastern Dublin EIR and Greenbriar MND. As noted in the updated Initial Study, the California Tiger Salamander (CTS) was proposed for listing earlier this year. This is not a substantial change under CEQA because the CTS has long been a Species of Special Concern and impacts to this species from development under the General Plan were addressed in the Eastern Dublin EIR and identified as potentially significant. (Impact 3.7/G.) Potential impacts to CTS were also a major concern in the 2000 Greenbriar approvals and the source of numerous comments during the MND public review period. CTS have been sighted in the past in the general Eastern Dublin area, though not on the Greenbriar property, and comments addressed not only aquatic impacts but also the potential for impacts related to loss of potential upland habitat. (See, e.g., USFWS comments 1-1 and 1-11 in the February 11,2000 RTC.) With the open space area which is part of the Greenbriar project and implementation of the mitigations from the Eastern Dublin EIR and the MND, the City determined that there would be no take of CTS through construction of the Greenbriar development, and that suitable upland habitat, movement corridors, and potential breeding habitat would be provided. There are no changes in the project or circumstances from this earlier determination that would involve new or more severe significant impacts beyond those previously identified in the Eastern Dublin EIR and Greenbriar MND. Furthermore, the applicant's monitoring report shows the adopted mitigation measures have been successful in avoiding harm to Red-legged frog during construction of Phases I and II, and are expected to be similarly successful in Phases III and V. c) Is there new information of substantial importance, which was not known and couM not have been known at the time of the previous EIR that shows the project will have a significant effect not addressed in the previous EIR; or previous effects are more severe; or, previously infeasible mitigations are now feasible but the applicant decline to adopt them; or, mitigations considerably different from those in the previous EIR would substantially reduce significant effects but the applicant declines to adopt them. There is no new information showing a new or more severe significant effect. The applicant's monitoring report is consistent with the Eastern Dublin EIR and Greenbriar MND analyses of the potential for Red- legged frog to be present on future development sites but not in development areas. The Project plans are consistent with the open space mitigations adopted with the Greenbriar approvals that provide habitat and movement corridors. All of these mitigations have been complied with by the applicant in past phases of the Greenbriar development and/or are reflected in the current Project as appropriate. d) If no subsequent EIR-level review ia' required, should a subsequent negative declaration be prepared? No subsequent negative declaration or mitigated negative declaration is required because there are no impacts, significant or otherwise, of the Project beyond those identified in the Eastern Dublin EIR and Greenbriar MND. As discussed above, the proposed listing of the California tiger salamander is not a new impact because the potential for impacts to this species was identified as potentially significant in the prior EIR and was further analyzed in the Greenbriar MND. Conclusion. This Addendum is adopted pursuant to CEQA Guidelines section 15164 based on an Initial Study dated October 21, 2003. The Addendum and Initial Study review the proposed shift in residential units from Phase III to Phase IV and update the biological analysis for the Project with respect to the proposed listing of the California tiger salamander; however, as discussed above, the update does not require further environmental review. Through adoption of this Addendum and related Initial Study, the City determines that the above changes and updates do not require a subsequent EIR or ND under Guidelines section 15162. The City further determines that the Eastern Dublin EIR, Greenbriar MND and this Addendum/Initial Study adequately address the potential environmental impacts of the Project. As provided in section 15164, the Addendum need not be circulated for public review, but shall be considered by the Council with the prior EIR and MND before making a decision on the Project. The Initial Study (including the applicant's monitoring, restoration plan, and other biological resource reports), the Greenbriar MND and the Eastern Dublin EIR are available for review in the Community Development Department, Dublin City Hall, 100 Civic Plaza, Dublin, California. C:\My Documents\greenbriar.addendum,draft101503,doc C:\My Documents\greenbriar. addendum.appcomments.clean.doc 4 City of Dublin Environmental Checklist/Initial Study Greenbriar Home Communities, Inc. Planned Development Rezoning/Stage 1 Development Plan Amendment/Stage 2 Development Plan; Vesting Tentative Map; Site Development Review; Development Agreement PA 02-048 Introduction This Initial Study has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA) and assesses the potential environmental impacts of implementing the proposed project described below. The Initial Study consists of a completed environmental checklist and a brief explanation of the environmental topics addressed in the checklist. Applicant/Contact Person Greenbriar Home Communities, Inc. 43160 Osgood Drive Fremont, CA 94539 Attn: Katja Kamangar Project Location and Context The project, known as Greenbriar Tassajara III, is located on the Yarra Yarra Ranch on the west site of Tassajara Road, north of the Casterson Development in the City of Dublin. Details of the Project are shown in the applicant's Planned Development and Vesting Tentative Map Plan set, dated October 10, 2003, hereafter "Plan Set" and incorporated herein by reference. The Vicinity Map (Sheet 3 of Plan Set) depicts the regional setting of Dublin and the Location Map (Sheet 1 of Plan Set) shows the location of the project in context with nearby features. The project area is located in the Dublin Eastern Extended Planning Area and the Eastern Dublin Specific Plan area. Existing land uses adjacent to the project area include lands of East Bay Regional Park District (north), Dublin Ranch (east), Casterson Development (Tract 6979 - Tassajara Meadows )(south) and Camp Parks (Lands of Alameda County) (west). The current project is part of the approximately 64-acre Greenbriar development, which was approved by the City in 2000 (PA98-062). Phases I and II of the development are currently under construction. The project site is relatively level property that was primarily used as a horse ranch and equestrian center. The primary natural feature of the project area includes Tassajara Creek west of Tassajara Road. It traverses the site and flows in a north south direction down the middle of the site. Plan Set Sheet 2 is an aerial photograph of the project area. Project Description The City approved a Stage 1 Development Plan ("Stage 1 DP") for the Greenbriar development in 2000, consistent with Chapter 8.32, Planned Development Zoning District, of the Dublin zoning ordinance. The development consists of 445 residential units, public and private open space, and a regional trail along the Tassajara Creek corridor on an approximately 64-acre site, to be constructed in five phases. Phases I and II of the development are currently under construction. The project proposes to amend the approved Stage 1 DP to transfer 85 residential units from Phase III to Phase IV. The existing and proposed Stage 1 DP is shown on Sheet 3 of the Plan Set. The number of units in Phase III would be reduced from 193 to 108. The number of units in Phase IV would increase from 79 to 164 and would move from the west side of Tassajara Creek to the east side, along Tassajara Road. Access to and from the project site to Tassajara Road would not change. The overall density of the Greenbriar development also would not change, remaining at 6.91 units per acre based on 445 units on the 64 acre site, and consistent with the original development approvals. No changes are proposed to the approved interim uses for Phase V (Horse Stable/Riding Academy/Single Family Residence). The project also includes a Stage 2 Development Plan and Site Development Review for construction of Phases III and V, and a Vesting Tentative Map for Phase III. Phase III would contain 108 single-family units/lots on approximately 19 acres. Proposed as a small lot subdivision, the units will be in clusters of 3 to 7 homes. Eight of the units are proposed as townhomes and will be affordable, as required by the City's inclusionary housing ordinance. The project includes 8 open space parcels, Parcels A-H on Sheet 4 of the Plan Set. Phase V of the project consists of building an approximately 4,000 sq. ft. single family home on an existing 2 acre parcel, shown as the Koller site on Sheet 4 of the Plan Set. Key features of the project in the development area and the open space parcels are described below. Development Plan A street network connects Phases I and II to the project via two public bridges. These two bridges connect to private streets leading to a north/south private street that is the primary street access for the subdivision. The bridges are proposed to be maintained by the city and the private streets are to be maintained by a homeowners association. Access to most of the clusters of homes is provided by private driveways that are accessed directly from the private street. Resident parking is provided primarily within enclosed garages with guest parking along the private street. Open Space Parcels A 100 fi. open space easement currently exists along the west side of Tassajara Creek, as required by the prior Greenbriar approvals. The easement provides an open space buffer between the areas of housing development and the top of bank of the Creek. The original Stage 1 DP for the entire Greenbriar development approved the following elements in the buffer area. Bridges: Two clear-span bridges, bridge abutments and portions of the bridges that connect to the private street system. The (north) Sommerset Bridge is designed as a 44'-9" wide bridge with a 10 ft wide sidewalk in accordance with East Bay Regional Park District (EBRPD) requirements to accommodate pedestrians, equestrians, and hikers on a separate pathway. The (south) Maymont Bridge is 39'-9" wide and includes a 5 ft. sidewalk on the south side of the bridge for pedestrian access. CRLF Breeding Pond: The project includes creation of a Califomia red-legged frog (CRLF) off-channel breeding pond in the upland area at the southernmost end of the property adjacent to the western bank of Tassaj ara Creek as further described in Tassajara Creek Phase III Development Project Restoration Plan, dated August 1, 2003 and California Red-legged Frog Avoidance and Preventive Measures for the 2 Tassajara Creek Phase III dated March 2003, both incorporated herein by reference. The pond will be located within open space parcel D. This parcel will be dedicated to Zone 7. Trails/Maintenance Roads/EVA: A multi-use trail is proposed to function as regional trail, Zone 7 maintenance road and EVA between the northerly bridge and the EBRPD property at the north end of the project site, including the 2-acre Koller site. Sommerset Bridge would provide a trail connection to the existing regional trail on the east side of Tassajara Creek. A local trail/Zone 7 maintenance is proposed between Sommerset Bridge and Maymont Bridge. The road is designed to meet Zone 7 standards as an 18 ft. wide class 2 AB road including a 2 ft. concrete ditch. (Sheet 10 of Plan Set - Cross Sections). A Zone 7 maintenance road is proposed from Maymont Bridge to the southernmost open space parcel (Parcel D). The road is designed to meet Zone 7 standards as an 18 ft. wide class 2 AB road including a 2 ft. concrete ditch. (Sheet 10 of Plan Set- Cross Sections). A Zone 7 road is proposed in Parcel D to accommodate maintenance vehicles required for flood control and creek management. The applicant proposed to continue the maintenance from Parcel C and connect to an existing road in the adjacent Alameda County lands. The road is designed to wrap around the east and south sides of an existing knoll in Parcel D and up to the north west end of the parcel A spur road would consist of gravel or a suitable all-weather surface such as turfblock, without a ditch. (See Sheet 11 of Plan Set). The spur road would follow the alignment of the existing dirt road along the westerly property line, and is designed to minimize grading and to maintain a migratory corridor for frogs and salamanders. The roads and any associated grading will maintain a minimum 50' setback from the proposed frog pond. Outfall structure: An outfall structure is proposed within Parcel F. The outfall structure consists of a concrete energy dissipater box, rip -rap apron and sheet pile cut-off wall. A portion of the outfall structure is located within the Riparian Corridor, but all of the structure is located above the ordinary high water mark within the creek channel. A similar outfall was constructed in Phase I of the development. The following elements are proposed with the project's specific improvement plans but were not specifically identified in the previous approvals. Bioswale: A 10 fi. bioswale along the west side of the trail along Parcels F and G. The bioswale will be designed to meet Best Management Practices and is incorporated within the landscape plan proposed for the open space parcels. (See Sheet 10 of the Plan Set.) Sewer siphon: A sewer siphon is proposed in lieu of running a gravity fed sewer line beneath the southerly bridge. The siphon will be constructed beneath the creek using a jack and bore process. Two bore pits are proposed and are located outside the riparian corridor. The staging area will be the same as used to build the bridges. The anticipated construction timeframe of the siphon is one week. Phasing of improvements Construction of the improvements will be done as a single phase. The applicant is responsible for the cost of all improvements associated with this project. 1. Project description: PD Rezoning/Stage 1 Development Plan amendment is proposed to transfer units/density from Phase III to Phase IV. Phase III was 3 approved for 193 units on 16.19 acres (11.92 du/ac) and Phase IV was approved for 79 units on 10 acres (7.9 du/ac). The proposed amendment would transfer 85 units in Phase III to Phase IV. This would result in 108units (6.6 du/ac) in Phase III and 165 units (16.5 du/ac) in Phase IV. The overall density for the entire 64.35-acre site would remain the same as the approved Stage 1 Development Plan at 6.91 units per acres. PD Rezoning/Stage 2 Development Plan, Vesting Tentative Map, Site Development Review proposes construction of 100 single- family detached cluster homes and 8 affordable town homes and construction of an approximately 4,000 sq. fi. single family home on the existing 2 acre Koller lot, and creation of 8 open space parcels (Parcels A - H.) 2. Lead agency: City of Dublin Community Development Department 100 Civic Plaza Dublin CA 94568 3. Contact person: Deborah Ungo-McCormick Contract Planner (408) 297-8763 4. Project location: The project is located on the Yarra Yarra Ranch on the west site of Tassajara Road, north of the Casterson Development, east of Camp Parks, south of lands of East Bay Regional Park District in the City of Dublin. 5. Project sponsor: Greenbriar Home Communities 6. General Plan designation: Medium Density Residential (6.1 to 14.0 du/ac) 7. Zoning: Planned Development - Medium Density Residential 8. Public agency required approvals: Approval of a Streambed Alteration Agreement for new bridges over creek and outfall structure (California Department of Fish and Game) Approval by San Francisco Bay Regional Water Quality Control Board for improvements near creeks and drainage courses 4 Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "potentially significant impact" as indicated by the checklist on the following pages. Aesthetics Agricultural Air Quality Resources I Biological Resources Cultural Resources Geology/Soils Hazards and Hydrology/Water Land Use/Planning Hazardous Materials Quality Mineral Resources Noise Population/ Housing _ Public Services Recreation Transportation/ Circulation Utilities/Service Mandatory Findings Systems of Significance Determination (to be completed by Lead Agency): On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment and the previous N-~gative Declaration certified for this project by the City of Dublin adequately addresses potential impacts. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A Negative Declaration will be prepared. I find that although the proposed project may have a significant effect on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on earlier analysis as described on the attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An Environmental Impact Report is required, but must only analyze the effects that remain to be addressed. X I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR and Mitigated Negative Declaration pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR and Mitigated Negative Declaration, including revisions or mitigation measures that are imposed on the proposed project. Signature: Date: Printed Name: For: Evaluation of Environmental Impacts 1) A brief explanation is required for all answers except "no impact" answers that are adequately supported by the information sources a lead agency cites in the parenthesis following each question. A "no impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "no impact" answer should be explained where it is based on project-specific factors as well as general factors (e.g. the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). For a project such as this, with previous environmental reviews, a "no impact" answer may also mean that the project has no impact beyond those identified and analyzed in the previous environmental documents. 2) All answers must take account of the whole action, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "potentially significant impact" entries when the determination is made, an EIR is required. · "Less Than Significant Unless Mitigation Incorporated" implies the incorporation of mitigation measures has reduced an effect from "potentially significant effect" to a "less than significant impact." The lead agency must describe the mitigation measures and briefly explain how they reduce the effect to a less than significant level. · Environmental Impacts (Note: Source of determination listed in parenthesis. See listing of sources used to determine each potential impact at the end of the checklist) Note: A full discussion of each item is found following the checklist. I. Aesthetics. Would the project: a) Have a substantial adverse impact on a scenic vista? (Source: 2,5) b) Substantially damage scenic resources, including but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? (Source: 2,5) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Source: 4, 5) d) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? (Source: 4, 5) I Potentially Less Than Less than No Significant Significant Significant Impact Impact With Impact Mitigation X I x X 6 Note: A full discussion of each item is found following the checklist. II. Agricultural Resources Would the project: a) Convert Prime Farmland, Unique Farmland or Farmland of Statewide Importance, as showing on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to a non- agricultural use? (Source: 5, 6, 7) b) Conflict with existing zoning for agriculture use, or a Williamson Act contract? (Source: 5, 6, 7) c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of farmland to a non-agricultural use? (Source: 5, 6, 7) III. Air Quality (Where available, the significance criteria established by the applicable air quality management district may be relied on to make the following determinations). Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Source: 5,6,7) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Source: 5,6,7) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors? (5,6,7) d) Expose sensitive receptors to substantial pollutant concentrations? (Source: 5,6,7) e) Create objectionable odors? (Source: 4,7) Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X 7 Note: A full discussion of each item is found following the checklist. IV. Biological Resources. Would the project a) Have a substantial adverse effect, either directly through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations, or by the California Department ofFish and Game or the U.S. Fish and Wildlife Service? (Source: 4, 7) b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service? (Source: 6,7, 8) c) Have a substantial adverse impact on federally protected wetlands as defined by Section 404 of the Clean Water Act (including but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption or other means? (Source: 4, 6, 7) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Source:: 4, 6, 7) e) Conflict with any local policies or ordinances protecting biological resources, such as tree protection ordinances? (Source:: 4, 6, 7) f) Conflict with the provision of an adopted Habitat Conservation Plan, Natural Community Conservation Plan or other approved local, regional or state habitat conservation plan? (Source: 4) i-Ptentially~ Less Than Less than i No Significant Significant Significant Impact Impact With Impact Mitigation _ ~ X X ~ X i x ~ X X Note: A full discussion of each item is found following the checklist. V. Cultural Resources. Would the project a) Cause a substantial adverse impact in the significance of a historical resource as defined in Sec. 15064.5? (Source:2, 5) b) Cause a substantial adverse change in the significance of an archeological resource pursuant to Sec. 15064.5 (Source:: 4, 6, 7) c) Directly or indirectly destroy a unique paleontological resource or unique geologic feature? (Source:: 4, 6, 7) d) Disturb any human remains, including those interred outside of a formal cemetery? (Source: :4,6,7) VI. Geology and Soils. Would the project a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Fault Zoning Map issued by the State Geologist or based on other known evidence of a known fault (Source:: 4, 6, 7) ii) Strong seismic ground shaking (2, 6) iii) Seismic-related ground failure, including liquefaction? (: 4, 6, 7) iv) Landslides? ( 4, 6, 7) b) Result in substantial soil erosion or the loss of topsoil? ( 4, 6, 7) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- and off-site landslide, lateral spreading, subsidence, liquefaction or similar hazards (Source: 4, 6, 7) d) Be located on expansive soil, as defined in Table 13-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Source: 2, 6) e) Have soils capable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of waste? (Source: 7) Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact X X X X X X X Note: A full discussion of each item is found following the checklist. VII. Hazards and Hazardous Materials. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials (Source: 2, 7) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous into the environment? (Source: 2,7) c) Emit hazardous emissions or handle hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? (Source: 2, 7) d) Be located on a site which is included on a list of hazardous materials sites complied pursuant to Government Code Sec. 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Source: 2, 7) e) For a project located within an airport land use plan or, where such plan has not been adopted, would the project result in a safety hazard for people residing or working in the project area? (Source: 2, 7) f) For a project within the vicinity of private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Source: 2, 7) g) Impair implementation of or physically interfere with the adopted emergency response plan or emergency evacuation plan? (Source: 2, 10) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Source: 7) Potentially Significant Impact Less Than Significant With Mitigation Less than No l Significant Impac Impact i X X X X X X X X 10 Note: A full discussion of each item is found following the checklist. IX. Hydrology and Water Quality. Would the project: a) Violate any water quality standards or waste discharge requirements? (Source: 2, 9) b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? (Source: 2, 9) c) Substantially alter the existing drainage pattern of the site or area, including through the aeration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? (Source: 7, 8.9) d) Substantially alter the existing drainage pattern of the site or areas, including through the alteration of a course or stream or river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? (Source: 7, 9) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?. (Source: 7, 9) f) Otherwise substantially degrade water quality? (Source: 2) g) Place housing within a 100-year flood hazard area as mapped on a Flood Hazard Boundary or Flood Insurance Rate Map or other flood delineation map? (Source: 7) h) Place within a 100-year flood hazard area structures, which impede or redirect flood flows? (Source: 7) i) Expose people or structures to a significant risk of loss, injury, and death involving flooding, including flooding as a result of the failure of a levee or dam? (2) j) Inundation by seiche, tsunami or mudflow? (2) Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X X X X X 11 Note: A full discussion of each item is found following the checklist. IX. Land Use and Planning. Would the project: a) Physically divide an established community? (Source: 1, 2, 70) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to the general plan, specific plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Source: 1, 2) c) Conflict with any applicable habitat conservation plan or natural community conservation plan? (1, 2, 7) X. Mineral Resources. WouM the project a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Source: l, 2) b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general Plan, specific plan or other land use plan? (Source: 1, 2) XI. Noise. WouM the proposal result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the general plan or noise ordinance, or applicable standards of other agencies? (Source: 2) b) Exposure of persons or to generation of excessive groundborne vibration or groundborne noise levels? (Source: 2, 7) c) A substantial permanent increase in ambient noise levels in the project vicinity above existing levels without the project? (Source: 2, 70) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels without the project? (Source:2) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working n the project area to excessive noise levels? (Source: 2) Potentially iLess Than Less than No Significant Significant Significant !Impact Impact With Impact Mitigation X I x X X X ~ X X X X 12 Note: A full discussion of each item is found following the checklist. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (Source: 2) XII. Population and Housing. WouM the project a) Induce substantial population growth in an area, either directly or indirectly (for example, through extension of roads or other infrastructure)? (Source: 2, 10) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (10) c) Displace substantial numbers of people, necessitating the replacement of housing elsewhere? (Source: 10) XIII. Public Services. WouM the proposal: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service rations, response times or other performance objectives for any of the public services? (Sources: 2, 9) Fire protection Police protection Schools Parks Other public facilities XIV. Recreation.' a) Would the project increase the use of existing neighborhood or regional facilities such that substantial physical deterioration of the facility would occur or be accelerated (Source: 2) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? (Source: 2) Potentially Significant Impact Less Than Significant With Mitigation Less than Significant Impact No Impact X X X 13 Note: A full discussion of each item is found following the checklist. XV. Transportation and Traffic. Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads or congestion at intersections)? (2, 10) b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? (2) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (10) d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses, such as farm equipment? (7, 10) e) Result in inadequate emergency access? (10) f) Result in inadequate parking capacity? (7) g) Conflict with adopted policies, plans or programs supporting alternative transportation (such as bus tumouts and bicycle facilities) XVI. Utilities and Service Systems. Would the project a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (2) b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (2, 10) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (8) d) Have sufficient water supplies available to serve the project from existing water entitlements and resources, or are new or expanded entitlements needed? (2, 8) 14 Potentially Significant Impact Less Than Significant With M_itigation Less than Significant Impact No Impact X X X X X X X Note: A full discussion of each item is found following the checklist. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the providers existing commitments? (8) f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (2) g) Comply with federal, state and local statutes and regulations related to solid waste? (2) XVI. Mandatory Findings of Significance. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number of or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects and the effects of probable future projects). c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Less Than Significant With _Mitigation Less than No Significant Impact Impact X Sources used to determine potential environmental impacts 1. Project location (City of Dublin) 2. Discussion with City staff or service provider · Site Visit · Project plans · Eastern General Plan Amendment/Specific Plan · Eastern Dublin General Plan Amendment/Specific Plan EIR · Mitigated Negative Declaration (PA98-062) and Monitoring Plan - March 2000 · Tassajara Creek Phase III Development Project Restoration Plan (Oberling Environmental, Inc.), August 1, 2003 15 · California Red-Legged Frog Avoidance and Preventative Measures Plan - March 2003 · Tassajara Creed Red-Legged Frog Monitoring Summary Report - July 2003 · Tree Report (revised) Phase 3 - Yarra Yarra Ranch (HortScience, Inc.) September, 2003 XVII. Earlier Analyses a) Earlier analyses used. Identify earlier analyses and state where they are available for review. Eastern Dublin EIR. Portions of the environmental setting, project impacts and mitigation measures for this Initial Study refer to environmental information contained in the 1993 Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (State Clearinghouse No. 91103064, consisting of draft EIR and responses to comments documents as well as a May 4, 1993 Addendum) certified by the City Council on May 10, 1993 (Resolution 53-93, incorporated herein by reference). This EIR together with an August 22, 1994 Addendum are hereinafter referred to as the Eastern Dublin EIR, or EDIER. The Eastern Dublin EIR is a Program EIR, which was prepared for the Eastern Dublin General Plan Amendment and Specific Plan of which this Project is a part. As part of the certification the Council adopted a Statement of Overriding Considerations for the following impacts: cumulative loss of agricultural/open space lands, cumulative traffic, extension of certain community facilities, loss of habitat, regional air quality, noise and visual impacts, among others. The Eastem Dublin EIR contains a large number of mitigation measures which apply to this Project and which would be applied to any development within the Eastern Dublin area. Specific mitigation measures identified in the Eastern Dublin EIR for potential impacts related to the project are referenced in the text of this Initial Study. Mitigated Negative Declaration for Greenbriar Development. On March 7, 2000, the City adopted a Mitigated Negative Declaration for PA 98-062, a 445 residential unit development on the 64.35-acre Greenbriar site. (Council Resolution 31-00, incorporated herein by reference.) The development proposed a residential cluster subdivision development, with open space and a regional trail along Tassajara Creek. The City approvals included a General and Specific Plan amendment to change a portion of the site from a school designation to a residential designation (Council Resolution 32-00, incorporated herein by reference), and a Planned Development rezoning/Stage 1 Development Plan (DP) for the entire Greenbriar site. (Ordinance 7-00, incorporated herein by reference.) The Stage 1 DP identified permitted uses and development standards in the development areas as well limited uses in the open space area along the creek and would be implemented in 5 phases. The approvals also included a Stage 2 DP (Ordinance 7-00), vesting tentative map and Site Development Review for Phase 1 (Planning Commission Resolution 00-10, incorporated herein by reference) with more detailed development plans for the first phase of the development. This Initial Study refers to these approvals collectively as the "Greenbriar approvals". Tiering from the Eastern Dublin EIR, the Mitigated Negative Declaration (MND) evaluated the potential site-specific effects of the Greenbriar development proposal that were not examined in the prior EIR. The MND identified potential impacts on biological resources, primarily related to the discovery of a California Red-legged frog (RLF) in Tassajara Creek. The MND also addressed the potential for upland migration impacts not only in the draft MND but also in the City's written responses to comments received during the document's public review period. 16 There were also concerns about the potential water quality impacts of proposed drainage outfalls to the creek. The applicant later obtained a Streambed Alteration Permit for the outfall in Phase I; the outfall has since been built and there have been no related water quality issues. Current Initial Study. The current project continues to implement the Greenbriar approvals from 2000. With the proposed density shift between Phases III and IV, and the more detailed construction and improvement plans for Phases III and V, the City prepared this Initial Study to determine if there was the potential for site-specific impacts not addressed in the prior EIR and MND, that would require additional environmental review pursuant to CEQA Guidelines Section 15162 and 15163. In connection with this Initial Study, the City carefully reviewed the current project applications and reports as well as the Eastern Dublin EIR and Greenbriar MND. The City also reviewed the February 22, 2000 Planning Commission and March 7, 2000 City Council staff reports which identified and analyzed the 2000 Greenbriar development approvals. The following documents are incorporated in this Initial Study by reference and are available for review at City Hall, 100 Civic Plaza, Dublin CA. a) The Eastern Dublin EIR, as described above. b) The Greenbriar Mitigated Negative Declaration consisting of a draft MND dated October 12, 1999 and the Draft Responses to Comments on the MND, dated February 11, 2000, as revised by the City Council on March 7, 2000. c) March 7, 2000 City Council staff report for PA 98-062. d) February 22, 2000 Planning Commission staff report for PA 98-062. ENVIRONMENTAL CHECKLIST RESPONSES & ANALYSIS The following discussion includes explanations of answers and discussion related to the above checklist questions regarding potential environmental impacts. Each discussion is annotated with the number corresponding to the checklist form. Project Setting: The project is located within the Eastern Dublin Specific Plan. Phases III and V are located on the west side of Tassajara Creek, south of the EBRPD site, east of Camp Parks (Alameda County lands), and north of the Casterson subdivision. The project area is primarily flat but contains small rolling slopes with small two knolls located on the north site (Lot 131 - Koller) and south side (Parcel D - Open Space). The project site area is currently occupied by a barn, smaller outbuildings and contains abandoned vehicles and debris near the creek. Vegetation is primarily non-native grasses with native trees (coast live and valley oak, California Buckeye, yellow and sandbar willow and Black Walnut) along the creek and a small grove of sandbar willow in the center of the site. There are 27 Heritage trees in the Phase III area including 21 Valley oaks and 6 Coast live oaks. Potential Impacts and Mitigation Measures Aesthetics: Potential aesthetic impacts related to development in the East Dublin Specific Plan area were analyzed in the EDEIR. Specific potential impacts resulting from development of the Greenbriar site were further analyzed in the MND. The proposed amendment to the Stage 1 Development Plan shifts density from Phase III to Phase IV. This shift in density results in a density of 16.4 units per acre, which is higher than previously approved in the State 1 17 Il. III. Development Plan for Phase IV, but does not cause the overall project to exceed the previously approved maximum of 445 units or the overall density of 6.91 units per acre. Tassajara Road is identified as a scenic con'idor in the Eastern Dublin Specific Plan and requires special treatment for development on the proposed project site. The shift in density does not increase the development area identified in the prior approval nor change any of the approved development standards. The shifted units on Phase IV would be shown in future Stage 2 Development Plans and Site Development Reviews for that phase. These future plans would be required to comply with the City's adopted Scenic Corridor policies calling for varied roof lines, heights and pitches, widened roadway landscape areas, and rural landscape pattern along scenic corridors such as Tassajara Road. The Stage 2 Development Plan and Site Development Review for Phases III and V are also consistent with approved development standards as to uses, size, architectural styles, color and materials, and standard measures to reduce light and glare. Phases III and V are not located adjacent to the Tassajara Road Scenic Corridor and the dense vegetation provided by the Tassajara Creek provides a natural screen between the existing and planned residential developments on the east side of the creek. No aesthetic impacts beyond those analyzed in the Eastern Dublin EIR and the Mitigated Negative Declaration were identified for this project. Therefore, no further analysis is required. Agriculture Resources: Impacts of residential land uses in the agricultural and open space areas of Eastern Dublin were addressed in the Eastern Dublin EIR. Cumulative loss of agricultural and open space lands were found to have a significant unavoidable impact for which the Council adopted a Statement of Overriding Considerations upon adoption of the Eastern Dublin Specific Plan. The Mitigated Negative Declaration further determined that the subject site is not listed as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance that will be converted from the development of this site. No conflicts with the Williamson Act contract will occur for the Koller property as it expired on January 1, 1998. The project is consistent with the uses, densities and development areas assumed in the prior environmental reviews. The impacts of converting lands to residential uses for the Greenbriar site were adequately addressed in the prior EDEIR and the MND. Therefore, no further analysis is required. Air Quality: Potential air quality impacts from development in Eastern Dublin were addressed in the earlier EIR, and through various mitigation measures. Construction-related air quality impacts include short-term violation of adopted standards or contribution to an existing or projected air quality violation, and could result in exposure to sensitive receptor pollutants. Development of the Specific Plan will also result in traffic-related air quality imPacts. The Eastern Dublin EIR identified these impacts as significant and unavoidable, for which the Council adopted a Statement of Overriding Considerations upon approval of the Eastern Dublin Specific Plan. The Greenbriar MND examined potential impacts on a site-specific level, including the change from school use to residential uses. The current project is consistent with the type and density of uses assumed in the Eastern Dublin EIR and the MND since shifting residential units from Phase III to Phase IV does not increase the number of units or the potential emissions No air quality impacts beyond those analyzed in the Eastern Dublin EIR and the Mitigated Negative Declaration were identified for this project. Therefore, no further analysis is required. 18 IV. Biological Resources: California Red-Legged Frog: The Mitigated Negative Declaration that was adopted for the Greenbriar development in March 2000 addressed the potential impacts that the development of the project site would have on biological resources. A California Red-Legged Frog (Rana aurora draytoni) was discovered in Tassajara Creek by the biologist that was reviewing the project on behalf of the City of Dublin. The CRLF is a Federally listed threatened species pursuant to the Endangered Species act of 1973. The development plans of Greenbriar's Tassajara Creek project included the construction of two outfalls that include a concrete energy dissipater box, rip-rap apron and sheet pile cut-off wall, all located above the ordinary high water mark within the creek channel. Upon approval of the Greenbriar development in 2000, the City determined that the development would not have significant environmental impacts to the RLF or RLF habitat based on the adopted MND and Mitigation Monitoring Program, on studies prepared by the Applicant's and City's biologists, and on mitigation measures of the Eastern Dublin EIR. In accordance with conditions of approval for the Greenbriar development, Greenbriar Homes Communities hired Olberding Environmental Inc, Wetland Regulatory Consultants, to prepare a "California red-legged frog Avoidance and Preventative Measure Plan", dated April 6, 2001, incorporated herein by reference. The "Plan" established a program for the protection of the CRLF, associated with the Greenbriar development. The Plan included the survey of grassland regions adjacent to the creek by an approved CRLF biologist, the installation of a construction boundary fence, the installation of a "silt" barrier frog fence, avoidance education for all contractors on the project, and the daily patrol and monitoring of construction activities on the Tassajara project site. The purpose of these measures was to allow for development of the lands located on the east side of the Creek, between the creek and Tassajara Road, without resulting in "take" of the CRLF. A Tassajara Creek Red-Legged Frog Monitoring Summary Report was prepared by Olberding Environmental, Inc. for the period between April 2001 through June 2003 and submitted to the City of Dublin in July 2003 and is incorporated herein by reference. One outfall was constructed during this period on the east side of the creek, and Phases I and II of the development are under construction. The Report concluded that during the 4/2001-6/2003 period of construction the CRLF were not observed in or adjacent to the construction area of the Tassajara Creek. The current project for development of Phases III and V includes the construction of the second outfall structure within Tassajara Creek (Parcel C) and a sewer siphon structure The outfall structure will be similar in design as that constructed on the east side of the Creek and will also be constructed above the high water mark of the creek channel. The sewer siphon will be constructed outside the riparian area in Open Space Parcel B and a pipe within a steel casing that is constructed at a minimum of 8 ft below the bed of the creek. The project also incorporates a "California red-legged frog Avoidance and Preventative Measure Plan", dated March 2003 and incorporated herein by reference. In addition to the avoidance and preventive measure used during the development of Phases I and II on the east side of Creek, Phase III includes the creation of potential breeding habitat for the CRLF at an approximately 7,500 sq. ft. pond along the west side of Tassajara Creek (Parcel D), consistent with the previously approved Stage 1 Development Plan. Additionally, the project includes migratory corridors adjacent to the open space parcels along the northwest and southwest boundaries of the project to provide for upland migration from the creek, again, consistent with the previously approved Stage 1 Development Plan. The proposed amendments to the Stage 1 DP would not affect either the breeding pond site or the open space/migratory corridor parcels. 19 California tiger salamander (CTS). On May 23, 2003, the U.S. Fish and Wildlife Service published in the Federal Register a proposal to list the California tiger salamander (CTS) as a threatened species under the Endangered Species Act. By court order, the Service has until May 15, 2004 to make a final decision whether to list the species. The proposal to list does not provide the CTS with any legal protection under the ESA; that will not occur unless and until the species is actually listed. The CTS has been a candidate for federal listing since the early 1990's, and long regarded by state and federal agencies as a "Species of Special Concern." Consequently, for the last 10 years or more, most CEQA documents, like the Eastern Dublin EIR, for projects located in areas where CTS could occur have analyzed CTS-related impacts. The Eastern Dublin EIR analyzed potential impacts to CTS, and imposed mitigation measures requiring buffer zones around CTS breeding ponds, and pre-construction surveys ( See Impact 3.7/G). The adopted Mitigated Negative Declaration for the Greenbriar development incorporated by reference the "California Tiger Salamander Survey for the Yarra Yarra Ranch Site," prepared by Zentner and Zentner (April 8, 1998).and the "Special Status Species Evaluation, Yarra Yarra Ranch II Site," Zentner and Zentner (October 20, 1998). The survey was conducted on March 31, 1998 and concentrated on a stock pond, which provided the only potential CTS breeding habitat on the property. No CTS were observed. The Special Status Species report evaluated the project site for special status species habitat. It specifically addressed the project area west of Tassajara Creek. The report noted that the mderal grassland west of the creek was highly disturbed due to underlying fill materials and long-term dumping of horse stable bedding on the surface, and that this ruderal grassland was dominated by tall poison hemlock and star-thistle. The report concluded that suitable habitat for CTS was not present within the project site and no CTS were observed. During the comment period for the MND, five different agencies or organizations commented on potential impacts of the project on CTS (U.S. Fish and Wildlife Service, California Department of Fish and Game, East Bay Regional Parks District, Alameda Creek Alliance, and Ohlone Audubon Society). The USFWS, commented that CTS were then known to occur both east and west of the project site, and that it is important for this species to preserve upland areas. (See Comment 1-11, RTC.) The City's response explained that the 1993 EIR had imposed CTS-related mitigation measures that would reduce project impacts to a less than significant level. The City also noted both the applicant's biologist and the City's biologist had concluded that the Phase III portion of the project (i.e., that portion of the project west of Tassajara Creek) could provide CTS upland habitat, but that the mitigation program required of the project would provide suitable upland habitat and migration corridor area, as well as potential new CTS breeding habitat in the form of the pond to be constructed. (See Response to Comment 1-11.) Similar responses were provided to the other CTS-related comments noted above (See RTC dated February 11, 2000). The California Natural Diversity Database, operated by CDFG, identifies recent CTS sightings on Camp Parks including a siting in 2002, approximately 1,300 feet from the northwest comer of Phase III. It shows a CTS sighting on Camp Parks in 2002, a sighting southwest of the site in 1997, southeast of the site at two different locations in 1998, and northeast of the site in 2000. Additionally, the city biologist contacted Camp Parks and was informed of a siting in 2000 closer to the northwest comer of the site in a ponded area near debris. The applicant's and city's biologists have concluded that the more recent sighting does not alter the City's CTS-related analysis and conclusions in the previous EDEIR and MND. The Eastern Dublin EIR identified the potential for impacts to CTS, while the MND identified the potential impacts specific to the Greenbriar site, including the potential for upland habitat loss from development. The MND specifically recognized that some potential CTS upland habitat could occur in the Phase III area. 20 This was based on information showing CTS then occurred both west and east of the project site. The 2002 sighting at Camp Parks is consistent with that information, and does not constitute a substantial change in circumstances. Further, the project includes migratory corridors on the northwest and southwest comers of the Phase III project to provide for the potential movements of CTS to and from the creek to the uplands in Camp Parks. There have not been any substantial changes with respect to the circumstances under which the Stage 1 Development Plan was reviewed that would result in new significant effects or a substantial increase in the severity of previously identified significant effects. The proposed Stage 1 DP amendment would shift residential units away from the creek and to an area already planned for development, and thus would not be a substantial change in the project. Further, there is no new information of substantial importance, which was not known and could not have been known at the time of the MND that identifies a new significant impact, or a substantially more severe impact. Therefore, pursuant to CEQA Guidelines section 15162, no further analysis or mitigations are required. Trees: Vegetation is primarily non-native grasses with native trees (coast live and valley oak, California Buckeye, yellow and sandbar willow and Black Walnut) along the creeks and a small grove of sandbar willow in the center of the site. By the City of Dublin's Heritage Tree Ordinance (No.29-99) criteria, there are 27 Heritage trees in the phase III area: twenty-one (21) Valley oak and six (6) Coast live oak. The project will result in the removal of 34 trees including two (2) heritage trees, one(l) 26" Coast live oak (Maymont Bridge) and one (1) 24" Valley oak (Sommeset Bridge). Impact 7 in the MND evaluated the impact of bridge construction on trees, including the removal of one valley oak heritage tree and five coast live oaks ranging in sizes from 5" to 12". The MND identified the impact as potentially significant without mitigation and recommended a mitigation measure to replant with native species to restore vegetation. One additional heritage tree is proposed to be removed with the construction of the Maymont Bridge over those identified in MND. The loss of one additional heritage tree is not considered a substantially more severe impact than previously identified, and replacement vegetation is provided in the project plans, consistent with the adopted mitigation measures from the MND. The project includes replanting, as required in the MND, including the installation of a dense canopy of native trees. New trees are proposed at a greater than 3:1 tree replacement ratio for heritage trees as recommended in the Eastern Dublin Creek Restoration Plan. No significant impacts beyond those analyzed in the Eastern Dublin EIR and the Mitigated Negative Declaration were identified for this project. Therefore, no further analysis and no additional mitigations are required. Cultural Resources: Potential impacts to cultural resources associated with the development of the Greenbriar site were analyzed in the EDEIR and MND. No cultural sites or resources are anticipated on the site, and none has been found so far in the Phase I and II construction. As noted in the MND, standardized procedures for evaluating accidental finds and discovery of human remains shall be followed as prescribed in Sections 15064.5 and 15126.4 of the CEQA Guidelines. There are no existing religious or sacred uses within the project area so no impacts are expected. Previously adopted mitigation measures of the Eastern Dublin EIR will be incorporated as conditions of approval/development standards for this project to address any potential cultural resources impacts. 21 VI. VII. No cultural resources impacts beyond those analyzed in the Eastern Dublin EIR and the Mitigated Negative Declaration were identified for this project. Therefore, no further analysis and no additional mitigations are required. Geology and Soils: Potential impacts from development of the Eastern Dublin Specific Plan area related to geology and soils were evaluated as part of the EDEIR, and potential impacts specifically related to the Greenbriar site were analyzed in the MND. No known active or potentially active faults traverse the project site, and no Alquist Priolo Special Studies Zones are located within the site. In addition, a Geotechnical Investigation for the Koller Property was prepared on May 26, 1999 by Lowney and Associates indicated that no ancient or active landslides exist on the site. The MND identified the potential for fault ground rupture to be less than significant. Eastern Dublin is in a seismically active area, however, and the Eastern Dublin identified the potential for significant unavoidable groundshaking effects. The Council adopted a Statement of Overriding Considerations for this impact upon approval of the Eastern Dublin General Plan Amendment and Specific Plan in 1993. The project will be required to incorporate standard engineering practices and all structures will meet the requirements of the Uniform Building Code. The project includes grading activities related to cut and fill of the site and the construction of retaining walls and trails and maintenance roads. The project grading plan proposes to balance cut and fill on the site. Construction of trails, roads and bridges will occur within the Open Space buffer, as described in the Stage 1 Development Plan for the entire site (PA98-062). All construction related to these features will occur outside the top of bank and outside the riparian corridor. The proposed sewer siphon system reduces the need to elevate the southern portion of Phase III -by three to four vertical feet in order to prove the required cover of the sewer lines and to enable gravity flow. Based on the project engineer's estimate, a gravity flow system would require that approximately 36,000 cubic yards of fill be imported to the site, over 2000 truck loads of dirt that would need to be hauled off the site. Construction and operation of the sewer siphon is not considered a substantial change in the project and would not result in new or more severe significant impacts. No new geology and soils impacts not previously analyzed in the Eastern Dublin EIR and MND are expected to occur for the project, therefore no further analysis or mitigation is required. Hazards and Hazardous Materials: These items were addressed in the earlier Eastern Dublin EIR, and though various mitigation measures. As noted in the MND, a Phase I Environmental Site Assessment of the project site was conducted (Levine-Fricke-Recon, July 31, 1997) to determine the presence or absence of any on-site hazardous waste disposal, including visible waste, artificially mounded or discolored soil or noxious odors. No above ground fuel storage tanks or evidence of under ground tanks were found. No PCB's were found on the site. In addition, a data search was conducted which determined that this site is not included in on a list of hazardous waste and substance sites. The Eastem Dublin EIR and the MND adequately address potential hazards and hazardous materials impacts for the project. The proposed amendment to the approved Stage 1 DP would shift some residential units to Phase IV and further away from the regional trail and Camp Parks open areas, but does not affect the analysis or conclusions of the previous environmental 22 VIII. 1X. documents and all adopted mitigation measures would continue to apply to the project, as appropriate. The project also includes an emergency vehicle access to the open space development interface area and conformance to other emergency vehicle access requirements for the project. Additionally, the project conforms to the requirements of the City's Wildfire Management Plan regarding building design and sprinkler requirements. No impacts beyond those analyzed in the EDEIR and the MND were identified for this project. Therefore, no further analysis is required. Hydrology and Water Quality: This item was addressed in the earlier EIR and MND analyses and through various mitigation measures. The project is located in an area of minimal groundwater recharge and ground water reserves and the majority of the Tri-Valley's ground water resources are in the Central Basin, south of this project. Nevertheless, development of the project site would have an impact on the ground water resources and groundwater recharge due to an increase in impervious surfaces within the project site. However, no impacts not previously analyzed in the Eastern Dublin EIR and Greenbriar MND are expected occur since the development areas and total density is the same as assumed and analyzed in the prior documents. The project conforms to Zone 7 requirements and will meet the water quality requirements of the City's NPDES permit and the Alameda County Urban Runoff Clean Water Program. The project proposes no alterations to the Tassajara Creek. All drainage from the development shall be designed to connect to the local storm system that has the capacity to handle the anticipated runoff from the project. The project includes a bioswale within the open space parcels located between the creek and the proposed development. Two stormwater outfalls were evaluated as part of the Stage 1 DP approval for the project. Both outfalls were designed to reduce velocities so that impacts of the outfalls are at a less than significant level. Additionally a HEC-2 analysis of the creek hydraulics was conducted for the construction of the two bridges as part the Phase III project. It concluded that runoff from the project will not impact the overall watershed hydrology. No impacts beyond those analyzed in the EDEIR and the MND were identified for this project. Therefore, no further analysis is required.. Land Use & Planning: Development of the Greenbriar site on both sides of the creek with residential homes was analyzed as part of the EDEIR and MND. The Stage 1 DP amendment proposes to transfer 85 residential units from the west side of the creek in Phase III to the east side of the creek in Phase IV. The overall site density and maximum number of units will remain consistent with the originally approved Stage 1 DP. The Stage 2 Development Plan proposed land uses for Phase III and V are consistent with the general plan density and uses approved for this property, and compatible with existing development on the east side of the Creek in Phases I and II. No impacts beyond those analyzed in the EDEIR and the MND were identified for this project. Therefore, no further analysis is required. Mineral Resources: Impacts from development of the project site were adequately addressed in the EDEIR and MND. The operation of water and wastewater systems necessary to serve the entire Specific Plan area was identified in the EDEIR as requiring increased energy use. This 23 XI. XII. topic area was included in the Statement of Overriding Considerations upon approval of the Eastern Dublin Specific Plan. No impacts beyond those analyzed in the EDEIR and the MND were identified for this project. Therefore, no further analysis is required.. Noise: Impacts from development related to noise were adequately addressed in the EDEIR and MIND. The analysis included a discussion of exposure of proposed housing to future roadway noise, exposure of existing residences to future roadway noise, and exposure of existing and proposed residences to construction noise. Because Phase III and V are located within 6000 feet of the Camp Parks (RFTA), an additional acoustical study was required to assess exposure of proposed residential development to noise from future military training activities at Parks Reserve Forces Training Area (RFTA) and County Jail and to determine if additional mitigation measures should be imposed that were not previously identified in the MND. An Environmental Noise Analysis for Tassajara Creek Phase III was prepared by Charles M. Salter Associates, Inc. on August 19, 2003, incorporated herein by reference. The noise analysis quantified existing noise environment at the project site near the RFTA and the Alameda County Sheriffs Office Regional Training Center, and analyzed the Parks RFTA noise sources discussed in the Environmental Noise Management Plan (ENMP) prepared by the U.S. Army Center for Health Promotions and Preventative Medicine. The noise analysis assessed the noise exposure at the location of proposed dwelling units with respect to the applicable indoor noise standards and outdoor noise goals based on the Dublin General Plan standards of 60 dB for outdoor noise exposure and 45 dB for indoor noise exposure. The analysis concluded that the outdoor noise goal can be achieved at the project site without mitigation and that the indoor noise standards specified in the EDEIR can be achieved without sound-rated windows. Some intermittent noise sources from the Sheriffs training center will be audible at the project site, such as gunshot noise from firing ranges and tire squeals from Emergency Vehicle Operations Course (EVOC), though audible, will not be expected to acoustically impact the project site. Additionally, some seasonal and intermittent noise sources from Parks RFTA will be audible at the project site, such as occasional helicopter operations. These can result in an annoyance factor to some residents. However, the typical daily average noise levels generated by the Parks RFTA and the Sheriffs training center will not exceed City standards or require additional mitigation to the project. No impacts beyond those analyzed in the EDEIR and the MND were identified for this project and no additional mitigation measures are required. Therefore, no further analysis is required.. Population & Housing: Impacts associated with the development of the Greenbriar site were adequately addressed in the EDEIR and MND. The proposed 109 units are within the range of units anticipated for this site by the General Plan and Eastern Dublin Specific Plan and Eastern Dublin EIR. The City of Dublin Inclusionary Zoning Ordinance requires the construction of 12% affordable units within each new development. Phase III includes the construction of 8 affordable units (7.5%) within the project and the payment of in-lieu fees to make up the difference, as permitted by the ordinance. The development of housing within this site will not result in displacement of any housing units but rather will add to the City of Dublin's housing stock. No impacts beyond those analyzed in the EDEIR and the MND were identified for this project. Therefore, no further analysis is required. 24 XIII. XIV. XV. Public Services: Potential impacts to public services resulting from development of the Greenbriar site were adequately addressed in the EDEIR and MND. No additional units or services are proposed with this project that were not previously addressed in the prior analysis. Therefore, no further analysis is required. Recreation: Potential impacts to recreation resulting from the development of the Greenbriar site were adequately addressed in the EDEIR and MND. The analysis identified that one 56 acre City Park will be located within one-half mile to the south of the project and three community parks are proposed within the Eastern Dublin Specific Plan. In addition, a regional trail proposed in the Stage 1 DP for all 5 phases of the Greenbriar development on both sides of the creek will connect with the regional trail in the EBRPD lands to the north of the site. The current project is consistent with the densities and recreational elements discussed in the previous analysis. Therefore, no additional analysis is required. Transportation and Traffic: Potential traffic from development of the Greenbriar site was adequately addressed in the EDEIR and MND. The proposed revisions to the Stage 1 DP for the project include transferring 85 residential units fi'om Phase III to Phase IV of the Greenbriar development. TJKM Traffic Consultants submitted a Review of the Proposed Tassajara Creek III Development on January 13, 2003, which is incorporated by reference, and determined that the revisions will not result in significant changes in the analysis and conclusions of the original EDEIR and MND. TJKM concluded that the Tassajara Ranch/Dublin Ranch Parkway (North) would continue to operate as main access road for the homes and it is still expected to operate a LOS A during both a.m. and. p.m. peak hours under Existing plus Approved plus Pending plus Development Buildout Scenario. Therefore, no additional analysis is required. XVI. Utilities and Service Systems: These items resulting from development of the Greenbriar site were adequately addressed in the EDEIR and MND. The extension of water, electrical and natural gas lines into the Eastern Dublin Specific Plan area has been determined by the Eastern Dublin EIR to be a significant growth-inducing impact and, therefore, was included within the Statement of Overriding Considerations as an unavoidable adverse effect of the project. No additional units or development is proposed from what was previously analyzed in the EDEIR and MND. Therefore, no additional analysis is required. 25 X <: > ! i 1-580 .-I o> cz ~E]3m Z 6979 o~O Interim Use: Undevel_oped Lk~clerlylng Use: Future M~dlum D~ml~y A roved: I Unit EAST BAY R E G I 0 ~\) A L P A R K P ] S T R J C T / "'9 l/ C / / / I ! ! I / © 0 Z .-< m c7 c~ ITl --I mci) Z / / C) 0 Z , , ........ ~ ~ ~: y/, / - . / .'~ , . ' -:1~/ "h-' /~~k imm -' ~:. -, 'o ' ~ ' ~" L ~':~ ~ ~ ~ ~ ........ 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JOINT TRENCH UTILITY DESIGN · STREET LIGHTING · UTILI-FY C_A3,NSULTING ~ I II ~l~ III 700 WEST FIRST STREET, ANT OCH, CA 94509 I DESCRIPTION APPROVED MATCH LINE SEE SHEET / MATCH LINE SEE SHEET 2 m 0 Z STREET LIGHTING PLAN ?ASSAJARA GREENBRIAR HOMES DUBUN CALIFORNIA II ]1 ~ JOINT TRENCH UTILFrY DESlaN · STREET LI(~HTINGI I! ~ ~11 ~ WEST FIRST STREET, AI~rFIOCH, CA 94509 I REVISIONS D£SCRIPTION --I --I rn i ~E 0 co,,/. I ~ L- 0 0 :Z © © !% 0 0 . 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