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HomeMy WebLinkAboutReso 026-01 BlackMtYesPlanComRESOLUTION NO. 26 - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AFFIRMING THE DECISION OF THE PLANNING COMMISSION ON DECEMBER 12, 2000, APPROVING PA 00-009 BLACK MOUNTAIN DEVELOPMENT SITE DEVELOPMENT REVIEW FOR SEVEN SINGLE-FAMILY HOMES ON EXISTING LOTS ON BRITTANY LANE WITH CHANGES PROPOSED BY STAFF WHEREAS, Black Mountain Development has requested approval of a Site Development Review for seven single family homes on existing lots on Brittany Lane; and WHEREAS, a completed application for Site Development Review is available and on file in the Dublin Planning Department; and WFIEREAS, The environmental impacts of this project were addressed under the Negative Declaration prepared for the PA 85-035 Hatfield Development Corporation Planned Development Rezone, Annexation and Site Development Review of which the subject lots were a part. The Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. Further, the project is Categorically Exempt pursuant to Section 15304, Class 4, minor public or private alterations in the condition of the land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Specifically, Example "I", Fuel management activities within 30 feet of structures to reduce the volume of ~ammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. This project is adjacent to a wildfire area and the 1998 California Fire Code requires 100 feet of fuel clearance for this project; and WHEREAS, a Site Development Review is required for this project by Conditions 4 and 12 of City Council Resolution 82-85 approving PA 85-035.3, Hatfield Development Corporation Investec, Inc.; and WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance; and WHEREAS, the project is consistent in all respects with the Wildfire Management Plan; and WHEREAS, the project is consistent in all respects with Dublin General Plan and Zoning Ordinance; and WHEREAS, the project is consistent in all respects with the conditions of approval of City Council Resolution 82-85; and WHEREAS, the Planning Commission did hold a public hearing on said application on December 12, 2000; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, a staff report was submitted to the Planning Commission recommending approval of the Site Development Review subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and use their independent judgement and considered all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, on December 12, 2000, the Planning Commission did by a vote of 3 ayes and 2 absent approve PA 00-009. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make the following findings and determinations regarding said proposed Site Development Review: The approval of this application (PA 00-009) is consistent with the intent/purpose of Section 8.104 (Site Development Review) of the Zoning Ordinance. The approval of this application, as conditioned, complies with the policies of the General Plan, the Zoning Ordinance, the Heritage Tree Ordinance, the Wildfire Management Plan and City Council Resolution 82-85. Co The approval will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and general welfare because all applicable regulations will have been met. Impacts to views have been addressed by sensitive design and siting of the proposed single-family residences. Eo Impacts to existing slopes and topographic features are addressed in the project through the use of pier and grade beams and by minimal grading to site the homes and front yards. The approval of this application, as conditioned, is in conformance with regional transportation and growth management plans. G, The approval of this application, as conditioned, is in the best interests of the public health, safety and general welfare as the development is consistent with all laws and ordinances and implements the requirements of the General Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82-85. The proposed physical site development, including the intensity of development, site layout, grading, vehicular access, circulation and parking, setbacks, height, walls, public safety and similar elements, as conditioned, has been designed to provide a desirable environment for the development. Architectural considerations, including the character, scale and quality of the design, the architectural relationship with the site and other buildings, signs, building materials and colors, screening of exterior appurtenances, exterior lighting and similar elements have been incorporated into the project and as conditions of approval in order to insure compatibility of this development with the development's design concept or theme and the character of surrounding development. Landscape considerations, including the locations, type, size, color, texture and coverage of plant materials, provisions and similar elements have been considered to insure visual relief and an attractive environment for the public. NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin City Council does hereby find that: The Black Mountain Development Site Development Review is consistent with the intent of applicable subdivision regulations and related ordinances. B, The design and improvements of the Black Mountain Development Site Development Review is consistent with the Dublin General Plan polices as they relate to the subject property in that it is a single-family residential development consistent with the Single-Family Residential Designation of the Dublin General Plan. The Black Mountain Development Site Development Review is consistent with the Heritage Tree Ordinance, City Council Resolution 82-85 and with the City of Dublin Zoning Ordinance. The project site is located adjacent to Rolling Hills Drive and Brittany Lane, on seven existing lots. Six shallow building pads face on Brittany Lane and on one flag lot on Rolling Hills Drive. The homes will be supported by the shallow building pads, but the majority of each residence will be placed on a framework of deep-seated piers and grade beams. This will minimize grading impacts to the lots. Functional padded exterior living areas are proposed in the front yards and in raised deck areas. Therefore the site is physically suitable for the type and intensity of single-family residential development proposed. The environmental impacts of this project were addressed under the Negative Declaration prepared for the PA 85-035 Hatfield Development Corporation Planned Development Rezone, Annexation and Site Development Review of which the subject lots were a part. The Negative Declaration was prepared in accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines. Further, the project is Categorically Exempt pursuant to Section 15304, Class 4, minor public or private alterations in the condition of the land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry and agricultural purposes. Specifically, Example 'T', Fuel management activities within 30 feet of structures to reduce the volume of flammable vegetation, provided that the activities will not result in the taking of endangered, rare, or threatened plant or animal species or significant erosion and sedimentation of surface waters. This exemption shall apply to fuel management activities within 100 feet of a structure if the public agency having fire protection responsibility for the area has determined that 100 feet of fuel clearance is required due to extra hazardous fire conditions. This project is adjacent to a wildfire area and the 1998 California Fire Code requires 100 feet of fuel clearance for this project. NOW, THEREFORE BE IT FURTHER RESOLVED THAT ~ Dublin City Council does hereby affirm the decision of the Planning Commission on PA 00-009 on December 12, 2000, and hereby conditionally approves the Site Development Review Application for PA 00-009 to develop seven single family residences on seven lots with the Assessors Parcel Numbers 941-2775-30, 941-2775-36, 941- 2775-37, 941-2775-38, 941-2775-39, 941-2775-40 and 941-2775-41 as generally depicted by materials labeled Attachment 1, stamped "approved" and on file in the City of Dublin Planning Department. This approval shall conform generally to the project plans submitted by EDI Architecture dated "received 3 December 4, 2000" and "received February 12, 2001", the Heritage Tree Protection Plan for tl-~s project stamped "received February 12, 2001", the Site Development Plan by RMR Design Group dated "received December 4, 2000" and the Colors and Materials Boards submitted by EDI Architecture dated "received June 12, 2000" by the Department of Community Development, unless modified by the Conditions of Approval contained below. CONDITIONS OF APPROVAL Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of any building and shall be subject to Planning Department review and approval. The following codes represent those departments/agencies responsible for monitoring compliance with the Conditions of Approval: [PL] Planning, [B] Building, [PO] Police, [PW] Public Works, [ADM] Administration/City Attorney, [FIN] Finance, [PCS] Parks and Community Services, [F] Alameda County Fire Dept., [DSR] Dublin San Ramon Services District, [CO] Alameda County Flood Control and water Conservation District Zone 7. The bolded words at the beginning or each condition of approval identify the general topic of the condition of approval or constitute the condition if not followed by explanatory text. GENERAl, CONDITIONS Standard Conditions of Approval. Applicant/Developer shall comply with all applicable City of Dublin Standard Public Works Criteria (Attachment A). In the event of a conflict between the Public Works Criteria and these Conditions, these Conditions shall prevail. Responsible Agency: PL When Required: Approval of Improvement Plans through completion Modifications or changes. Modifications or changes to this Site Development Review approval may be considered by the Community Development Director, if the modifications or changes proposed comply with Section 8,104.100, of the Zoning Ordinance. Responsible Agency: PL Required By:: Approval of Improvement Plans through completion Term. Approval of the Site Development Review shall be valid for one year from 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 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 expiration date of the Site Development Review.) Responsible Agency: PL Required By: On-going Fees. Applicant/Developer shall pay all applicable fees in effect at the time of building permit issuance, including, but not limited to, Hanning fees, Building fees, Dublin San Ramon Services District Fees, Public Facilities Fees, Dublin Unified School District School Impact fees, City Traffic Impact fees, City 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. Unissued building permits subsequent to new or revised fees shall be subject to recalculation and assessment of the fair share of the new or revised fees. 4 10. 11. Responsible Agency: When Required: Various Various times, but no later than Issuance of Building Permits Revocation. The SDR will be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this approval shall be subject to citation. Responsible Agency: PL Required By: On-going Required Permits. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance and obtain all necessary permits required by other agencies (Alameda County Flood Control District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, State Water Quality Control Board, Etc.) and shall submit copies of the permits to the Department of Public Works. Responsible Agency: Various When Required: Various times, but no later than Issuance of Building Permits Building Codes and Ordinances. All project construction shall conform to all building codes and ordinances in effect at the time of building permit. Responsible Agency: Bldg. When Required: Through Completion Compliance. Applicant/Developer shall comply with the City of Dublin Zoning Ordinance, City Council Resolution 82-85, the Wildfire Management Plan, the Tree Protection Plan for this project and the City of Dublin General Plan. Responsible Agency: PL When Required: Issuance of Building Permits and On-going Conditions of Approval. In submitting subsequent plans for review and approval, each set of plans shall have attached an annotated copy of these Conditions of Approval and the Standard Public Works Conditions of Approval. The notations shall dearly 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. Responsible Agency: PW, PL, Bldg. When Required: Building Permit Issuance Solid Waste/Recycling. Applicant/Developer shall comply with the City's solid waste management and recycling requirements. Responsible Agency: ADM, When Required: On-going Refuse Collection. The refuse collection service provider shall be consulted to ensure that adequate space is provided to accommodate collection and sorting of petrucible solid waste as well as source-separated recyclable materials generated by the residents within this project. Responsible Agency: PL When Required: Occupancy of Any Building 12. 13. 14. 15. 16. 17. Water Quality Requirements. All development shall meet the water quality requirements of the City of Dublin' s NPDES permit and the Alameda County Urban Runoff Clean Water Program. Responsible Agency: PW, PL Required By: Issuance of Grading Permit NPDES Permit. Pursuant to requirements of federal law, a NPDES permit shall be obtained from the RWQCB, and any terms of the permit shall be implemented, if applicable. Responsible Agency: PW Required By: Finaling Building Permits Phase 1 and Phase 2 Environmental Assessment Studies. Applicant/Developer shall supply the Director of Community Development and Public Works Department with a copy of the Developer's Phase 1 and Phase 2 (only as required by Phase 1) environmental assessment studies. All remedialion required by those studies shall be implemented to the satisfaction of the Director of Public Works prior to Improvement Plan approval. Responsible Agency: PL, PW Required By: Issuance of Grading Permit Rodenticides and Herbicides. The use ofrodenticides 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. Responsible Agency: PL Required By: Issuance of Grading Permit Dust Control/C!eanup. Applicant/Developer shall ensure that areas undergoing 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 Director of Public Works. Furthermore, Applicant/Developer shall keep adjoining public streets, sidewalks and driveways free and clean of project dirt, mud, materials and debris, and dean-up shall be made during the construction period as determined by the Director of Public Works. In the event that the Applicant/Developer does not complete the clean-up within 48 hours of City's direction, the City has the option of performing the dean-up and charging the costs of such dean-up to Applicant/Developer. The use of any temporary construction fencing shall be subject to the review and approval of the Public Works Director and the Building Official. Responsible Agency: PW Required By: Ongoing Hold Harmless/Indemnification. Applicant/Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Director of Community Development, Zoning Administrator, or any other department, committee, or agency of the City the Site Development Review to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Applicant/Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Applicant/Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. Required By: Through completion of Improvements and Occupancy of the last Building 6 DRAINAGE/GRADING 18. Grading, drainage and improvement plan. The Applicant/Property Owner shall submit a grading, drainage and improvement plan for each residence subject to review and approval by the Public Works Director. Responsible Agency: PW Required By: Grading Permit 19. Compliance. The Applicant/Property Owner shall comply with the City of Dublin Public Works Department grading permit process and Plan Check-List. An information packet outlining the grading permit process and Plan Check List is attached. Responsible Agency: PW Required By: Grading Permit 20. Undocumented f'dl. Any undocumented fill on the project site shall be removed during the grading for this project. Responsible Agency: PL When Required: Prior to issuance of Building Permits. 21. Drainage. All rain water leaders from roof gutters, balconies, and patios shall be connected to a pipe network that discharges to the abutting public street via through-curb drains. Foundation or retaining wall subdrains that must discharge towards the rear of the properties due to their lower elevation in relationship to the street shall terminate with City-approved energy-dissipation devices or per a design that prevents erosion of the natural downslopes. No water from subdrains or from earthen swales shall discharge in a concentrated manner over and across the natural slopes below the proposed building envelopes. No surface storm runoff shall be directed towards or across the neighboring sideyard lot lines. Responsible Agency: PW When required: Prior to issuance of Building Permits. 22. Lots 8 and 9. The cluster of boulders that exist on Lots 8 and 9 shall be removed to allow for construction on the existing slope and to eliminate the hazard they may present to people. Other surface boulders that may be discovered on the existing slopes shall be evaluated by the geoteehnical engineer to determine whether a hazard potential will exist if left in place. The Director of Public Works shall concur with the recommendations of the geoteehnical engineer with respect to any boulders or other topographic features proposed to remain. Responsible Agency: PW When required: Prior to issuance of Building Permits. 23. Storm Drain Easement on Lot 1. According to the final map for Tract 5073, an existing 10'- wide "Common Area Storm Drain Easement" extends across Lot 1 (Rolling Hills Drive flag lot) to allow storm runoff from the neighboring Lot 2 to discharge downslope to Martin Canyon Creek. No permanent structures including the proposed residence shall be constructed over said existing easement. Concrete ~dC~Vork and landscaping may be allowed if the Applicant demonstrates that said improvement will not adversely i.mpact the drainage pattern. Alternatively, the Applicant may demonstrate to the City that permxssion from the Silvergate Highlands Owners A~ssociation has been obtained for the relocation of the easement and the associated drainage facilities. Responsible Agency: PW When required: Prior to issuance of Building Permits. DEDICATIONS AND IMPROVEMENTS 24. Site Drainage and Erosion Control Plan. The project site shall drain in accordance with City of Dublin Grading Ordinance and State Regional Water Quality Control standards. A Site Drainage and Erosion Control Plan and "Best Management Practices" erosion control measures must be reviewed and approved by the Public Works Department prior to approval of improvement plans. Responsible Agency: PW Required By: Approval of Improvement Plans 25. Mitigation Measures/Drainage Impacts. Applicant/Developer shall demonstrate to the satisfaction of the Director of Public Works that all mitigation measures that need to be improved as a result of drainage impacts of this project will be constructed prior to occupancy of any building. All drainage improvements shall be constructed to the satisfaction to of the Director of Public Works. Responsible Agency: PW Required By: Occupancy of any Building 26. Retaining Walls. Where finish grade of this property is in excess of twelve (12) inches higher or lower than the abutting property or adjacent lots, a concrete or masonry block retaining wall or other suitable solution acceptable to the Director of Public Works shall be required. Responsible Agency: PW Required By: Issuance of Building Permit 27. Joint 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, and cable TV boxes shall be underground in designated landscape areas. Utility plans showing the location of all proposed utilities (including electrical vaults and underground transformers) shall be reviewed and approved by the Director of Public Works and Director of Community Development. Location of surface or aboveground items shall be shown on the Final Landscaping and Irrigation Plan and screened from view. Responsible Agency: PW, PL Required By: Occupancy of Affected Buildings 28. 29. Driveway approaches. The driveway approaches for each residence shall be constructed in accordance with City Standard Detail CD-306, and said work shall be performed per an Encroachment Permit issued by the Public Works Department. Driveways shall be constructed of portland cement concrete or similar material in accordance with City Standard Detail CD-305. For Lots 7-12, the driveway slopes shall not exceed 12%. Responsible Agency: PW When required: Prior to issuance of Building Permits. Grading, site development, and foundation work. All grading, site development, and foundation work shall be performed in accordance with the recommendations contained in the geotechnical report prepared by Engeo titled "Foundation Exploration, Bordeaux Estates, Dublin California" dated April 6, 2000. The responsible geotechnical engineer shall certify on the building plans that all proposed grading, site development, and foundation work conforms to the recommendations contained in the geotechnical report. Responsible Agency: PW When required: Prior to issuance of Building Permits. 30. Hans for each residence. The plans for each residence shall include a site-specific plot plan prepared by a licensed Civil Engineer in a format acceptable to the City. Said plans shall be based on an accurate topographic survey of each lot, showing existing contour lines at one-foot intervals, prepared by a licensed Land Surveyor. All proposed improvements including the house footprint, proposed contour lines, drainage system, fences, retaining walls, building setbacks, street addresses, water/sewer/joint trench utilities, etc. shall be shown on each plot plan. Responsible Agency: PW When required: Prior to issuance of Building Permits. 31. Steep inclines. Grading which results in slope inclinations that are steeper than presently exist will not be allowed, unless the grading results in slopes no steeper than 2 horizontal to 1 vertical. Responsible Agency: PW When required: Prior to issuance of Building Permits. PHASED OCCUPANCY PLAN 32. Phased Occupancy Plan. If occupancy of residences is requested to occur in phases, then all physical improvements within each phase shall be required to be completed prior to occupancy of buildings within that phase except for items specifically excluded in an 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, 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. No individual building 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 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. Responsible Agency: PL, B Required By: Prior to Occupancy for any affected building Construction Noise Management Program/Construction Impact Reduction Plan 33. Construction Noise Management Program/Construction Impact Reduction Plan. Applicant/Developer shall conform to the following Construction Noise 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. Responsible Agency: PL Required By: During any construction 34. Construction Noise Management Program/Construction Impact Reduction Plan. The following measures shall be taken to reduce construction impacts: Responsible Agency: PL Required By: During any construction a, Off-site truck traffic. Off-site truck traffic shall be routed as directly as practical to and from the freeway (1-580)to the job site. Primary rome shall be from 1-580 along, San Ramon Road, Dublin Boulevard, Silvergate Drive, Rolling Hills Drive and Brittany Lane. An Oversized Load Permit shall be obtained from the City prior to hauling of any oversized loads on City streets. Watering. 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 feasible. 9 g, h, mo o, po .Idling construction equipment. Construction equipment shall not be left idling while not In use. Muffling devises. All construction equipment shall be fitted with noise muffling devises. Erosion control measures. Erosion control measures shall be implemented during wet weather to assure that sedimentation and erosion do not occur. Mud and dust clean up. Mud and dust carded onto street surfaces by construction vehicles shall be cleaned-up on a daily basis. Excavation haul trucks. Excavation haul trucks shall use tarpaulins or other effective covers. Wind erosion. Upon completion of construction, measures shall be taken to reduce wind erosion. Replanting and repaving should be completed as soon as possible. Phasing. Houses will be constructed in phases such that most of the construction traffic can be routed into the subdivision without traveling in front of existing homes that are occupied. Fugitive dust. ARer grading is completed, fugitive dust on exposed soil surfaces shall be controlled using the following methods: Seeding and watering of inactive portions of the construction site. Inactive portions of the construction site should be seeded and watered until grass growth is evident. Watering. Require that all portions of the site be sufficiently watered to prevent excessive amounts of dust. On site speed limit. On-site vehicle speed shall be limited to 15 mph. Air Quality District. 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 Director of Public Works. The Department of Public Works. The Department of Public Works shall handle all dust complaints. The Director of Public Works 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 Director of Public Works. Construction interference with regional non-project traffic. Construction interference with regional non-project traffic shall be minimized by: 1. Scheduling receipt of construction materials to non-peak travel periods. 2. Routing construction traffic through areas of least impact sensitivity. Routing construction traffic to minimize construction interference with regional non-proj ect traffic movement. 4. Limiting lane closures and detours to off-peak travel periods. Providing ride-share incentives for contractor and subcontractor personnel. 10 r, so Emissions control of on-site equipment. Emissions control of on;site equipment shall be minimized through a routine mandatory program of low-emissions tune-ups. Radios and loudspeakers. Radios and loudspeakers shall not be used outside of the residences during all phases of construction. Construction vehicles and worker' s vehicles. Construction vehicles and worker's vehicles shall not be parked on the north side of Brittany Lane or in any driveways on the north side of Brittany Lane. Double-parking. No double-parking shall be allowed along Brittany Lane. Fencing of construction site. Fencing of construction site shall be to the satisfaction of the Building Official. PARKS 35. Public Facilities Fee. Applicant/Developer shall pay a Public Facilities Fee in the amounts and at the times set forth in City of Dublin Resolution No. 195-99, or in the amounts and at the times set forth in any resolution revising the amount of the Public Facilities Fee. Responsible Agency: PCS Required By: As indicated in Condition of Approval ARCHITECTURE 36. 37. Exterior colors and materials. Exterior colors and materials for the structures shall be subject to final review and approval by the Community Development Director and shall be shown on construction plans. Responsible Agency: PL Required By: Prior to building permit Exterior lighting. Exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties. Lighting used after daylight hours shall be minimized to provide for security needs only. Responsible Agency: PL Required By: Ongoing 38. Fencing, and of all retaining walls. The design, location and materials of all fencing, and of all retaining walls installed by the developer, shall be subject to review and approval by the Planning Director. Provision of common fences for all side and rear yards shall be the responsibility of the developer. Fencing installed by the developer at the bottom or top of slopes higher than ten feet, and/or fences of rear yards with a high visibility from adjoining down slope areas, may be designed with an open mesh material, subject to review and approval by the Planning Director as regards the location and material utilized. Responsible Agency: PL. When Required: Prior to approval of Final Landscaping and Irrigation Plans. 39. Pad elevations. All residences shall be built at the pad elevations shown on the project plans by EDI Architects dated received February 12, 2001. Responsible Agency: PL When Required: Prior to occupancy. 40. Increase in height of residences prohibited. The increase in height of residences in this project beyoncrthat originally approved by the City is prohibited. 11 LANDSCAPING 41. Final Landscaping and Irrigation Plan. Applicant/Developer shall submit a Final Landscaping and Irrigation Plan, conforming to the requirements of Section 8.72.030 of the Zoning Ordinance (unless otherwise required by this Resolution), stamped and approved by the Director of Public Works and the Director of Community Development. The plan should generally conform to the landscaping plan and must reflect any revised project design shown on the Site Development Review with a later date. Responsible Agency: PL Required By: Prior to building permit 42. Wildfire Management Plan. The Final Landscaping and Irrigation Plan shall be in accordance with the City of Dublin Wildfire Management Plan. Responsible Agency: F Required By: Prior to building permit 43. NPDES. The final landscaping and irrigation plan shall address erosion control as an ongoing prevention program that will meet the National Pollution Discharge Elimination System (NPDES) requirements. Responsible Agency: PW, PL Required By: Ongoing 44. Installation. Prior to final occupancy approval, all required landscaping and irrigation, shall be installed. Responsible Agency: PL, B Required By: Prior to occupancy 45. Drought-tolerant and/or native species. The landscape design and construction shall emphasize drought-tolerant and/or native species wherever possible. Responsible Agency: PL Required By: Prior to occupancy TRAFFIC AND CIRCULATION 46. Damage/Repairs. The Developer shall repair all damaged existing street, curb, gutter and sidewalk along Brittany Lane and Rolling Hills Drive, lot frontages that exist now, or that result from construction activities to the satisfaction of the Director of Public Works. Responsible Agency: PW Required By: Prior to Occupancy of first residence POLICE SECURITY 47. Residential Security Requirements. The development shall comply with the City of Dublin Residential Security Requirements (attached). Security hardware must be provided for all doors, windows, roof, vents, and skylights and any other areas per Dublin Police Services recommendations and requirements. Responsible Agency: B, PO Required By: Prior to Occupancy of first residence 48. Projected Timeline. Applicant/Developer shall submit a projected timeline for project completion to the Dublin Police Services Department, to allow estimation of staffing requirements and assignments. Responsible Agency: PO Required By: Prior to Issuance of Building Permits 12 FIRE PROTECTION 49. Applicable regulations and requirements. The Applicant/Property Owner shall comply with all applicable regulations and requirements of the Alameda County Fire Department (ACFD), including payment of all appropriate fees. Responsible Agency: F Required By: Ongoing 50. Rear yard accessibility. Responsible Agency: Required By: The rear yard shall be accessible from both sides of the structure. F Ongoing 51. Roofing material. The roofing material shall conform to the City of Dublin Fire Area specifications which require Class A or better. Responsible Agency: F Required By: Prior to issuance of Building Permits 52. Wildfire Management Plan. Site development shall be in accordance with the City of Dublin Wildfire Management Plan. Responsible Agency: F Required By: Prior to issuance of Building Permits 53. Water supply. Water supply shall be adequate to support required fire flow. Responsible Agency: F Required By: Prior to issuance of Building Permits 54. Fire Hydrants. The Developer shall construct any required new fire hydrants in streets to City and Alameda County Fire Department standards. The Developer shall comply with applicable Alameda County fire Department, Public Works Department, Dublin Police Service, Alameda County Flood Control District Zone 7 and Dublin San Ramon Services District requirements. Responsible Agency: F, PW Required By: Prior to Occupancy of adjacent building 55. Delivery of any combustible material. Prior to the delivery of any combustible material for storage on the site, fire hydrants, water supply, and roadways shall be installed and sufficient water storage and pressure shall be available to the site. Approved roadway shall be first lift of asphalt. Responsible Agency: F Required By: Prior to delivery of any combustible material ALAMEDA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, ZONE 7 56. 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. Responsible Agency: Zone 7, PW Required By: Prior to any demolition or construction 13 57. Salt Mitigation. Recycled water projects must meet any applicable salt mitigation requirements of Zone 7. Responsible Agency: Zone 7, PW Required by On-going 58. Requirements and Fees. Applicant/Developer shall comply with all Alameda County Flood Control and Water Conservation Distfict-Zone 7 Flood Control requirements and applicable fees. Responsible Agency: Zone 7, PW Required by Prior to Issuance of Building Permits DSRSD 59. Requirements and regulations. The Applicant/Property Owner shall comply with all applicable requirements and regulations of the Dublin San Ramon Services District. Responsible Agency: DSRSD. Required By: Ongoing 60. Improvement plans. Prior to issuance of any building permit, complete improvement plans shall be submitted to DSRSD that conform to the requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable D SRSD Master Plans and all DSRSD policies. Responsible Agency: DSRSD. Required By: Prior to issuance of Building Permits 61. Sewers. Sewers shall be designed to operate by gravity flow to DSRSD's existing sanitary sewer system. Pumping of sewerage is discouraged and may only be allowed under extreme 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 fight to require payment of present worth 20 year maintenance costs as well as other conditions within a separate agreement with the applicant for any project that requires a pumping station. Responsible Agency: DSRSD. Required By: Ongoing 62. Fees. Prior to the issuance of a building permit, all utility connection fees, plan check fees, inspection fees, permit fees and fees associated with a wastewater discharge permit shall be paid to DSRSD in accordance with the rates and schedules established in the DSRSD Code. Responsible Agency: DSRSD. Required By: Prior to issuance of Building Permits 63. Signatures. Prior to the issuance of a building permit, all improvement plans for DSRSD facilities shall be signed by the District Engineer. Each drawing of improvement plans shall contain a signature block for the District Engineer indicating approval of the sanitary sewer or water facilities shown. Prior to approval by the District Engineer, the Applicant shall pay all required DSRSD fees, and provide an engineer' s estimate of construction costs for the sewer and water systems, a performance bond, a one-year maintenance bond, and a comprehensive general liability insurance policy in the amounts and forms that are acceptable to DSRSD. The Applicant shall allow at least 15 working days for final improvement drawing review by DSRSD before signature by the District Engineer. Responsible Agency: DSRSD. Required By: Prior to issuance of Building Permits Utility Construction Permit. No sewer line or water line construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all of the items in the condition immediately before this one have been satisfied. 14 Responsible Agency: Required By: DSRSD. Ongoing 65. Hold Harmless. The Applicant/Property Owner shall hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from completion of the project. Responsible Agency: DSRSD. Required By: Ongoing 66. Limited construction permit. The Applicant/Property Owner shall obtain a limited construction permit from the DSRSD prior to commencement of any work. Responsible Agency: DSRSD. Required By: Prior to commencement of any work 67. Construction by Applicant/Developer. All onsite potable and recycled water and wastewater pipelines and facilities shall be constructed by the Applicant/Developer in accordance with all DSRSD master plans, standards, specifications and requirements.' Responsible Agency: DSRSD. Required By: Completion of Improvements 68. DSRSD Water Facilities. Water facilities must be connected to the DSRSD or other approved water system, and must be installed at the expense of Applicant/Developer in accordance with District Standards and Specifications. All material and workmanship for water mains and appurtenances thereto must conform with all of the requirements of the officially adopted Water Code of the District and shall be subject to field inspection by the District. Responsible Agency: DSRSD. Required By: Completion of Improvements 69. Fire flows. The applicant shall coordinate with the District and Alameda County Fire Department on required fire flows. ReSponsible Agency: DSRSD. Required By: Approval of Improvement Hans MISCELLANEOUS 70. Compliance. The Applicant/Property Owner shall comply with all applicable Alameda County Fire Department, Public Works Department standard conditions, Dublin Police Services, Alameda County Flood Control and Water Conservation District and the Dublin San Ramon Services District regulations and requirements. Prior to issuance of grading or building permits or the installation of any improvements related to this project, the Applicant shall supply written documentation from each such agency or department to the Community Development Department, indicating that all applicable conditions required have been or will be met. Responsible Agency: B, PL. Required By: Ongoing 71. Compliance. The Applicant/Property Owner shall comply with all applicable regulations and requirements of the Uniform Building Code and the Building Inspection Department. Responsible Agency: B Required By: Ongoing 72. Building permits for the proposed project shall be secured and construction commenced within one (1) year after the effective date of this approval or said approval shall be void. This one (1) year period may be extended an additional one (1) year after the expiration date of this approval (a written request for the extension must be submitted prior to the expiration date) by 15 73. the Community Development Director upon the determination that the Conditions of Approval remain adequate to assure that the above stated Findings of Approval will continue to be met. [B, PL] Building permits. To apply for building permits, the Applicant shall submit thirteen (13) sets of full construction plans for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval, including any attached Special Conditions. The notations shall clearly indicate how all Conditions of Approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. The Applicant will be responsible for compliance with all Conditions of Approval specified and obtaining the approvals of all participating non-City agencies prior to the issuance of building or grading permits. Responsible Agency: B, PL, PW. Required By: Prior to issuance of building permits 74. 75. 76. 77. Construction plans. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by an appropriately qualified design professional. The site plan, landscape plan and details shall be consistent with each other. Responsible Agency: B, PL, PW. Required By: Prior to issuance of building permits Hours of operation. All construction shall be limited to take place between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday, except as otherwise approved by the Director of Public Works.. Responsible Agency: PW. Required By: Ongoing Compliance. The Applicant/Property Owner shall develop this project and operate all uses in compliance with the Conditions of Approval of this Site Development Review and the regulations established in the Zoning Ordinance. Any violation of the terms or conditions specified may be subject to enforcement action. Responsible Agency: PL. Required By: Ongoing Postal authorities. The developer shall confer with the local postal authorities to determine the type of mail receptacles necessary and provide a letter stating their satisfaction with the type of mail service to be provided. Specific locations for such units shall be to the satisfaction of the Postal Service. Responsible Agency: PL When Required: Prior to issuance of Building Permit. FIRE RESISTIVE HERITAGE TREES: 78. Tree Protection Zone. A Tree Protection Zone shall be established at the driplines of all trees. No grading, excavation, construction or storage of materials shall occur within this zone. Responsible Agency: PL When Required: Prior to issuance of Building Permit. 79. Plot plans to be reviewed by project arborist. All plot plans shall be reviewed by the project arborist for evaluation of impacts to trees and recommendations for mitigation. Responsible Agency: PL When Required: Prior to issuance of Building Permit. 80. Rock outcropping. The rock outcropping within 30 feet of trees #335 and 342 shall be retained. Responsible Agency: PL When Required: Ongoing 16 81. Underground services. No underground services including utilities, sub-drains, water or sewer lines shall be placed in the Tree Protection Zone. Responsible Agency: PL When Required: Ongoing 82. Tree Preservation Notes. Tree Preservation Notes, prepared by the consulting arborist, shall be included on all construction plans. Responsible Agency: PL When Required: Prior to issuance of Building Permit 83. Irrigation systems. Irrigation systems must be designed so that no trenching will occur within the Tree Protection Zone except that necessary to protect the tree from surface runoff. Responsible Agency: PL When Required: Prior to issuance of Building Permit. 84. Landscape improvements. No landscape improvements such as lighting, pavement, drainage or planting may occur which may negatively affect the health or structural stability of the trees. Responsible Agency: PL When Required: Ongoing 85. Foundations, footings and pavement. Foundations, footings and pavement on expansive soils near the Fire Resistive Heritage Trees should be designed to withstand differential displacement due to expansion and shrinking of the soil. Responsible Agency: PL When Required: Prior to issuance of Building Permit. 87. Construction Requirements. The following requirements shall be implemented in addition to the construction requirements set forth in the Wildfire Management Plan when there is a Fire Resistlye Heritage Tree within 100 feet of the exterior wall or deck projection as measured from the drip line of the tree. Exterior walls. Fire rated construction standards required for the exterior wall of buildings most exposed to wildfire risk shall be extended to the adjacent exterior walls of the building. 88. Windows. Install dual tempered glass windows in openings on the elevation most exposed to wildfire risk and adjacent elevations of the structure. Metal Structural Members. Metal structural members shall be used in place of wood in construction of all underfloor areas that are enclosed to the ground with exterior walls as required above in the Wildfire Management Plan. D. Automatic Fire Sprinklers. Provide fire sprinkler flow detection monitoring through a central station company. Responsible Agency: PL When Required: Prior to issuance of Building Permit. Vegetation Standards/pruning. When any of the Vegetation Standards of the Wildfire Management Plan call for pruning of limbs and trees that are identified as Fire Resistive Heritage Trees, the following standards shall be implemented in place of required ground clearance. An irrigated fuel break/greenbelt shall be installed outside the dripline of the Fire Resistive Heritage Trees. Size and compatibility of the greenbelt shall be 17 89. 90. 91. determined following consultation with a Certified Arborist and review of the degree of slope surrounding the trees. The greenbelt vegetation shall be fire resistive and require little watering. All vegetation shall be maintained per the Wildfire Management Plan standards or Alameda County Fire Department Removal Standards, except as modified for Fire Resistlye Heritage Trees. Ground under the Fire Resistive Heritage Trees shall be kept free of weeds and dead wood. Leaf litter shall be allowed to remain as a mulch to protect the soil. Limited priming shall be completed to thin foliage, remove dead wood, raise the foliage one-foot above the ground, and separate the crowns of the trees. Branches larger than one inch in diameter shall not be pruned unless agreed to by the project arborist and the City's arborist. E. All other applicable standards shall continue to apply except as modified above. Responsible Agency: When Required: PL Prior to issuance of Building Permit. Irrigation of Irrigated Fuel Break/Greenbelt. Irrigation systems must be designed so that no trenching will occur within the Tree Protection Zone. Surface water from the irrigation runoff must be directed away from oak trunks. Responsible Agency: PL When Required: Prior to issuance of Building Permit. Pruning. Fire Resistive Heritage Trees shall be pruned in conformance with the Wildfire Management Plan. All pruning shall be completed by a Certified Arborist and Tree Worker in the presence of the City' s arborist and be in conformance with the guidelines of the Intemational Society of Arboriculture, Tree Pruning Guidelines, current edition, on file in the Community Development Department. In addition, pruning shall be in conformity with the provisions of the Pruning Specifications of the Tree Protection Plan for this project. Responsible Agency: PL When Required: Prior to issuance of Building Permit. Tree Protection Zone for trees on lots 1, 7, 8, and 9. The Tree Protection Zone for trees on lots 1, 7, 8, and 9 shall completely surround those trees to the satisfaction of the City' s arborist. A fence shall completely surround and define the Tree Protection zone to the satisfaction of the City's arborist prior to demolition, grubbing or grading. Fences shall be 6 feet tall chain link or equivalent as approved by the consulting arborist. Fences are to remain until all grading and construction is completed. Responsible Agency: PL When Required: Prior to issuance of Grading Permit. Meeting to review work procedures, access routes, storage areas and tree protection measures. Prior to work the contractor must meet with the consulting arborist at the site to review all work procedures, access routes, storage areas and tree protection measures. Responsible Agency: PL When Required: Prior to issuance of Building Permit. 18 93. Grading, construction, demolition or other work within the Tree Protection Zone. No grading, construction, demolition or other work shall occur within the Tree Protection Zone. modifications must be approved and monitored by the consulting arborist. Responsible Agency: PL When Required: Prior to issuance of Grading Permit. Any 94. Spoil. Spoil from trench, footing, utility or other excavation shall not be placed within Tree Protection Zone. Responsible Agency: PL When Required: Prior to issuance of Grading Permit. 95. Damage. If damage should occur to any tree during construction it shall be immediately reported to the Director of Community Development so that proper treatment may be administered. The Director will refer to the City Arborist to determine the appropriate method of repair of any damage. The cost of any treatment or repair shall be borne by the developer/applicant responsible for the development of the project. Failure to do so may result in the issuance of a stop work order. Responsible Agency: PL When Required: Ongoing 96. Dumping or storage within equipment or other materials Responsible Agency: When Required: the Tree Protection Zone. No excess soil, chemicals, debris, shall be dumped or stored within the Tree Protection Zone. PL Ongoing 97. Tree Pruning Guidelines. All pruning shall be in accordance with the Tree Pruning Guidelines (International Society of Arboriculture) and adhere to the most recent editions of the American National Standard for Tree Care Operations (Z133.1) and Pruning (A300). Responsible Agency: PL When Required: Ongoing 98. 99. 100. Tree pruning by construction personnel. personnel. Responsible Agency: PL When Required: Ongoing No tree pruning may be performed by construction Aerial inspection. While in the tree, the arborist shall perform an aerial inspection to identify defects that require treatment. Any additional work needed shall be reported to the Project Arborist. Responsible Agency: PL When Required: Ongoing Chipping and hauling of brush. Brush shall be chipped and chips shall be spread underneath trees to a maximum depth of 6 inches, leaving the trunk clear of mulch. Wood shall be hauled off the site. Responsible Agency: PL When Required: Ongoing 101. Trees shall not be climbed with spurs. Responsible Agency: PL When Required: Ongoing 19 102. Trees shall not be topped or 103. 104. 105. 106. 107. 108. Thinning cuts are to be employed rather than heading cuts. headed back. Responsible Agency: PL When Required: Ongoing Vehicles and heavy equipment. Vehicles and heavy equipment shall not be parked beneath the trees. If access by equipment is required to accomplish the specified pruning, the soil surface shall be protected with 6 inches to 8 inches of wood chips before placing equipment or vehicles. Responsible Agency: PL When Required: Ongoing Servicing and fueling of equipment. Equipment shall be serviced and fueled outside the tree canopy to avoid accidental spills in the root area. Responsible Agency: PL When Required: Ongoing Certified arborist. A certified arborist shall be present on the project site during grading or other construction activity that may impact the health of the Fire Resistive Heritage Trees in this project. Responsible Agency: PL When Required: Ongoing Guide to Maintenance for Native Oaks. The consulting arbofist shall prepare a Guide to Maintenance for Native Oaks that describes the care needed to maintain tree health and structural stability including pruning, fertilization, mulching and pest management as may be required. In addition, the Guide shall address monitoring both tree health and structural stability of trees. As trees age, the likelihood of failure of branches or entire trees increases. Therefore, annual inspection for hazard potential should be addressed in the Guide. A copy.of this Guide shall be provided to each purchaser. Responsible Agency: PL When Required: Prior to occupancy Cash bond or other security deposit. The applicant/developer shall guarantee the protection of the Fire Resistive Heritage Trees on the project site through placement of a cash bond or other security deposit in the amount of $100,000. The cash bond or other security shall be retained for a reasonable period of time following the occupancy of the last residence occupied, not to exceed one year. The cash bond or security is to be released upon satisfaction of the Director of Community Development that the Fire Resistire Heritage Trees have not been endangered. The cash bond or security deposit shall be forfeited as a civil penalty for any unauthorized removal or destruction of a Heritage Tree. Responsible Agency: PL When Required: Ongoing Overhead wires or underground pipes or conduits. Any public utility installing or maintaining any overhead wires or underground pipes or conduits in the vicinity of a Heritage Tree in this project shall obtain permission from the Director of Community Development before performing any work, which may cause injury to the Heritage Tree. Responsible Agency: PL When Required: Ongoing 20 109. Removal of Heritage Tree. No heritage Tree on the project site shall be removed unless its condition presents an immediate hazard to life or property. Such Heritage Tree shall be removed only with the approval of the Director of Community Development, City Engineer, Police Chief, Fire Chief or their designee. The Fire Marshall has indicated the Fire Resistire Heritage Trees conform with the Wildfire Management Plan and that no Heritage Tree on the project site will be removed pursuant to the Wildfire Management Plan. Responsible Agency: PL When Required: Ongoing 110. Designation of oaks as Heritage Trees. All nineteen Oak trees on the project site addressed by the Tree Protection Plan are designated as Heritage Trees by this Site Development Review and shall be protected by the provisions of the Heritage Tree Ordinance pursuant to Section 5.60.40.b, Heritage Tree Definition. Responsible Agency: PL When Required: Ongoing 111. Encroachment of Driplines. Resistive Heritage Tree. Responsible Agency: When Required: No structure shall encroach to within 5 feet of the dripline of a Fire PL Prior to issuance of Building Permit. 112. Perpetuation of Oak Grove/planting of additional oak trees. Landscape improvements for this project shall include the planting of additional oak trees. PASSED, APPROVED and ADOPTED this 20th day of February, 2001. AYES: Councilmembers Oravetz and Zika and Mayor Houston NOES: Councilmembers Lockhart and McCormick ABSENT: None ABSTAIN: None ATTEST Mayor K2/G/2-20-01/reso-blkmtn. sdr. doc (Item 6.2) G:pa00-009/cc reso sdr 21