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HomeMy WebLinkAboutReso 079-90 DonlanCanyTMap5962 RESOLUTION NO. 79 - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING TENTATIVE MAP 5962 CONCERNING PA 89-125 DONLAN CANYON WHEREAS, the Paragon Group has requested approval of a Planned Development Prezoning, Tentative Map, and Annexation of 196+ acres to allow 17 single family lots on approximately 10 acres and 300 multi family units on 16± acres, approximately 10~ acres of open space, in unincorporated Alameda County, west of Silvergate Drive, north of the western terminus of Dublin Boulevard; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for purpose of sale, lease.or financing unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin subdivision regulations; and WHEREAS, the Planning Commission held public hearings to consider the request on June 4, 1990; and WHEREAS, proper public notice of this request was given in all respects as required by law for the Planning Commission hearings; and WHEREAS, the Staff Report was submitted recommending the Planning Commission recommend approval of the Tentative Map subject to conditions prepared by Staff; and WHEREAS, the Planning Commission heard and considered all said reports, recommendations and written and oral testimony submitted at the public hearing and recommended City Council approval of the Tentative Map; and WHEREAS, the City Council held a noticed Public Hearing to consider the request on June 25, 1990; and WHEREAS, pursuant to State law (CEQA) and regulations, a Negative Declaration of Environmental Significance has been prepared; and WHEREAS, the Staff Report was submitted recommending City Council approval of the Tentative Map; and WHEREAS, the City Council adopted Resolution No. 77-90 approving the Negative Declaration for PA 89-125; and WHEREAS, the City Council heard and considered all said reports, recommendations, written and oral testimony submitted at the public hearing as hereinabove set forth. [tmap-dc2] NOW, THEREFORE, BE IT RESOLVED THAT THE City Council does hereby find that: Tentative Map 5962, as modified, is consistent with the intent of applicable subdivision regulations and City zoning and related ordinances. Tentative Map 5962, as modified, is consistent with the City's General Plan as they apply to the subject property. Tentative Map 5962 will not result in the creation of significant environmental impacts. Tentative Map 5962 will not have substantial adverse effects on health or safety or be substantially detrimental to the public welfare, or be injurious to property or public improvements. The site is physically suitable for the proposed development in that the site is indicated to be geologically satisfactory for the type of development proposed in locations as shown, provided the geological consultant's recommendations are followed; and the site is in a good location regarding public services and facilities. The request is appropriate for the subject property in terms of being compatible to existing land uses in the area, will not overburden public services, and will facilitate the provision of housing of a type and cost that is desired, in the City of Dublin. General site considerations, including unit layout, open space, topography, orientation and the location of future buildings, vehicular access, circulation and parking, setbacks and similar elements have been designated to provide a desirable environment for the development. This project will not cause serious public health problems in that all necessary utilities are, or will be, required to be available and Zoning, Building and Subdivision Ordinances control the type of development and the operation of the uses to prevent health problems after development. BE IT FURTHER RESOLVED THAT THE City Council hereby approves Tentative Map 5962 - PA89-125 Donlan Canyon - subject to the conditions listed below: CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to the recordation of the Final Map. Each item is subject to review and approval by the Planning Department and Public Works Department unless otherwise specified. GENERAL PROVISIONS This approval is for Tentative Map 5962, PA 89-125 Donlan Canyon. The Final Map shall generally conform to the Tentative Map prepared by Aliquot dated received May 24, 1990 labeled Exhibit A on file with the Dublin Planning Department. Approval of Tentative Map is subject to the subdivider/developer securing final approval from the Dublin City Council for the Planned Development (PD) Prezoning request covering the subject property. Any modifications to the project design approved by the Planned Development (PD) Prezoning action shall supersede the design on the Tentative Map and shall be considered as an approved modification on the Tentative Map. Site Development Review approval for the project shall be secured prior to the recordation of the Final Map. Site Development Review and Final Map recordation may occur in phases. Comply with the "Typical Public Works Conditions of Approval for Subdivisions" (see Attachment 1). The Developer shall comply with applicable Fire Department, Flood Control District, and Public Works requirements. Written statements from each such agency or department approving the plans over which it has jurisdiction shall be submitted to the Planning Department prior to issuance of building permits on lots of the subdivision or the installation of any improvements related to this project. Should the developer wish to file a master Tract Map separating or phasing the project, all off-site work shall be guaranteed and constructed as part of the agreement for this tract. In addition, all streets necessary to keep from landlocking any parcel shall be offered for dedication and the construction guaranteed by the Subdivision Agreement. All off-site improvements and contributions to off-site improvements and offer of dedication of open space shall occur in conjunction with phase 1. Except that contribution to improvements of Valley Christian Center Road shall occur in conjunction with the single family phase. COVENANTS, CONDITIONS AND RESTRICTIONS Covenants, Conditions and Restrictions (CC&R's) shall be established for this development. The CC&R's shall be approved by the Planning Director prior to the recordation of the Final Map. The CC&R's shall be reviewed and approved by the City to assure that: There is adequate provision for at least the maintenance, in good repair, of all commonly owned facilities, property and landscaping, including but not limited to open space areas, lighting, recreation facilities, landscape and irrigation facilities, fencing, and drainage and erosion control improvements. Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided to each buyer prior to the time of purchase. The Association shall keep the City Planning Department informed of the current name, address and phone number of the Association's official representative. Payment of the water and street lighting bills (maintenance and energy) and maintenance and repair of storm drain lines, are the obligations of the Homeowner's Association, unless paid for through a Lighting and Landscape Maintenance Assessment District. Each buyer is to sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowner's Association and the Conditions, Covenants and Restrictions applying to the development. The Homeowner's Association shall contract with, or be advised (as in handling maintenance operations) by, a professional management firm. The CC&R's shall include a statement outlining the obligations of the property owner to be responsible for public liability in case of injury in connection with public utility easements, and for maintenance of private vehicle access ways and utility trenches in public utility easements. The CC&R's shall contain a list of plant materials acceptable for landscaping subject to review and approval of the Planning Director and Fire Department. GRADING AND DRAINAGE Landslides and erosive areas as outlined in the Geotechnical Investigation Report for Donlan Canyon Ranch project shall be shown on the Grading and Improvement Plans. Proposed repairs shall be outlined on these same plans. Long term maintenance of these landslide repairs landslides within the developed area shall be the responsibility of the -4- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Homeowner's Association/property owner and incorporated in the CC&R' s. Prior to approval of grading plans, Applicant shall conform to the recommendations outlined in the Geotechnical Investigation Report for Donlan Canyon project as a minimum. Stricter controls, particularly on landslide repairs, retaining structures, subdrains, and surface drainage, may be imposed by the Public Works Director. Prior to issuance of grading permits, the City shall contract for a third party soils engineer to review and provide recommendation of the Applicant's submitted Geotechnical Investigation Report as related to landslide repair. The Applicant/Developer shall pay the City the cost of the third party review. All concentrated storm drain flow shall be discharged into the established drainage channels, not onto the slopes. All inlets and outlets of storm drain flow from or into natural drainage channels shall be constructed with rock slope protection to eliminate erosion and undercutting. A registered civil engineer shall design all retaining walls over three feet in height (or over two feet in height with a surcharge) and a building permit shall be required for their construction. A maintenance/inspection program shall be implemented by the developer/homeowners' association for the periodic inspection and maintenance of all retaining walls that could possibly affect the public right-of-way. All wood in contact with soil shall be pressure treated. Each lot that drains to the street shall be provided with two 3" drains through the curbs and the roof leaders shall be tied into them. No drainage shall be directed over a slope. All cut and fill slopes shall be contoured to appear natural and blend with the existing natural contours. The soils report for the project shall include recommendations 1) for foundations, decks, and other miscellaneous structures, 2) for design of swimming pools, and 3) for setbacks for structures from top or toes of slopes. Additionally, the soils report shall include a professional opinion as to safety of the site from the hazards of land slippage, erosion, settlement and seismic activity. A declaration by the soils engineer that she/he has supervised grading and that such conformance has occurred shall be submitted to the Public Works Director. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and -5- 21. 22. 23. 24. 25. 26. 27. 28. service connections stubbed out behind the sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines will be installed in a manner which will not disturb the street pavement, curb, gutter and sidewalk when future service connections or extensions are made. Grading shall be completed in compliance with the construction grading plans and recommendations of the project's soils engineer and/or engineering geologist, and the approved erosion and sedimentation control plan, and shall be done under the supervision of the project's soils engineer and/or engineering geologist, who shall, upon its completion, submit a declaration to the Public Works Director that all work was done in accordance with the recommendations contained in the soils and geologic investigation reports and the approved plans and specifications. Inspections that will satisfy grading plan requirements shall be arranged with the Public Works Director. Any grading on adjacent properties will require written approval of those property owners affected. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for review by the Public Works Director. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement and seismic activity. All cut and fill slopes shall be revegetated with native shrubs, trees and grasses subject to review and approval of the Planning Director and Public Works Director. Prior to Tentative Map approval, the Applicant shall submit a drainage plan/hydrology report. This report shall prove adequacy and/or propose necessary improvements to the downstream drainage facilities. These facilities shall be adequate to convey the 100 year storm flow. Landslides and erosive areas as outlined in the Geotechnical Investigation Report for Donlan Canyon shall be shown on the Improvement/Grading Plans. Proposed repairs shall be the responsibility of the Homeowners' Association and incorporated in the CC&R's. The grading shall meet the requirements set forth in the preliminary geotechnical exploration, and ultimately, the final geotechnical exploration. Including all required subdrains, buttress fills, over-excavation and recompaction, keyed and benched engineering fills, and all other specifications. In the past, grading of other hills in this area has activated natural springs. These springs can contain numerous chemicals, 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. including H2S, which discharges a displeasing odor. Moreover, this spring water has been found to leave a hard residue that may plug up subdrains and the storm drain system, rendering them ineffective. It is likely that the proposed grading of this site will cause additional springs to surface. The Applicant shall submit a detailed study of this problem for review and approval of the Public Works Director to determine how these springs should be handled in order to prevent any damage to the environment, as well as to public and private facilities. Show typical lot drainage on the subdivision grading plans. The Applicant shall submit an erosion control plan that conforms to the "ABAG Control and Sedimentation Handbook" as a minimum. The improvement plans shall include construction details for all drainage inlets and manholes that are not Alameda County Standard. No retention basin will be permitted. Detention basin with 100 year spillway tied into underground drain is required subject to Public Works Director approval. All through underground storm drain systems will be adequately constructed to collect and convey the 100 year storm flow. Grading plans shall state the quantity of fill that must be on or off hauled. If fill is to be on or off hauled the Applicant shall submit details as to how it will be done and routes of travel for the Public Works Director's approval. The two drainage inlets at the west end of Donlan Canyon shall be constructed with at least two sets of trash racks each. The Applicant shall provide details of the trash racks on the Improvement Plans. The Applicant shall provide trash racks and all weather access where picking up natural drainage meets improved storm drain system, to the satisfaction of the Public Works Director. All storm drain pipes that drain public property or the open space shall be contained within storm drain easements and shall be constructed of reinforced concrete pipe. All slopes 10 feet in height or higher will have a concrete "v' ditch installed at the toe of the slope. These ditches shall discharge into natural drainage channels or adequate storm drain systems. The old undocumented fill in Donlan Canyon shall be removed and recompacted in a controlled and monitored manner. All unsuitable material found in this fill shall be removed and not reused in the fill subject to the Building Official and Public Works Director approval. -7- 39. 40. Subdrains shall be installed in all existing water channels that the Applicant is proposing to fill. Including the existing creek, and swales. In addition a subdrain will be installed along both sides of Donlan Canyon at the existing toe of bank. All subdrains will be 6" minimum in diameter and will have cleanouts at a minimum of every 300 linear feet. No single angles shall exist in the subdrain or cleanout riser grater than 22.5 degrees subject to Public Works Director review and approval. The Developer shall provide an all weather surface access to the existing ranch road located northwest of the multi-family project site subject to Site Development Review and Public Works Director approval. STREETS 41. All public streets shall drain into storm drain systems before being discharged into established drainage channels. 42. An encroachment permit shall be secured from the Public Works Director for any work done within the public right-of-way where this work is not covered under the improvement plans. 43. 44. Street names shall be submitted and processed through the Planning Department and shall be indicated on the Final Map and Improvement Plans. The Developer shall furnish and install street name signs, in accordance with the standards of the City of Dublin, bearing such names as are approved by the Planning Director. The subdivider shall furnish and install traffic safety signs in accordance with the standards of the City of Dublin. 45. 46. 47. The entrance road through Parcel "C" shall have no more than a 6% slope for the first 100 feet to allow for the possible future widening on Dublin Boulevard in this area. Maximum longitudinal slope on any streets shall not exceed 12%. Maximum longitudinal slopes through intersections shall not exceed 6%. 48. Driveway slopes shall not exceed 20%. 49. 50. 51. All concentrated surface flow shall be contained within a improved ditch to eliminate soil erosion. All public streets and cul-de-sacs shall conform to Alameda County Standards. The Applicant shall coordinate with the Applicant of the Hansen Hills project to insure that "A" Street conforms to both projects and the City of Dublin standards. OFFSITE IMPROVEMENTS 52. Prior to approval of the improvement plans and Final Map the developer shall submit documents satisfactory to the City of Dublin presenting proof of public access on the proposed road across Parcel "C" 53. 54. Construct 35 foot radius cul-de-sac at the end of Dublin Boulevard. The new curb and gutter shall not be constructed any closer to Interstate 580 than the existing curb. Provide a 2" AC overlay on Dublin Boulevard in front of the Donlan Canyon project. The overlay shall include placing paving fabric between the existing pavement and the overlay. 55. Remove the existing AC berm on the north side of Dublin Boulevard from the proposed turnaround to Silvergate Drive and replace with Alameda County Standard Curb, Gutter and 5 foot wide sidewalk. 56. The Applicant shall obtain Caltrans approval for any work performed within their right-of-way, or affecting their facilities (i.e., tying into their cross-culvert, etc.). 57. Prior to release of occupancy of any units, the developer shall be responsible for contribution towards cost of the design, construction and inspection of an additional right-turn lane including right-of-way and related signal modification in the west leg of eastbound Dublin Boulevard at the San Ramon Road intersection. This cost shall be split between this development and the development of the Hansen Hills property immediately to the east, on a pro rata basis based on the amount of traffic generated by each development. 58. Prior to release of occupancy of any units, the developer shall be responsible for contribution towards cost of the design, construction and inspection of the widening of the existing roadway of Dublin Boulevard approximately 15 feet, all on the south side, between Silvergate Drive and Hansen Drive, to accommodate four 12-foot traffic lanes, and two five-foot bike lanes, and a five-foot sidewalk, as generally shown on the proposed widening plans prepared by TJKM and dated received August of 1988 and described in the study prepared by TJKM in memo dated September 27, 1989. This work shall also involve reconstructing the intersection of Dublin Boulevard and Silvergate Drive to form a "T" intersection, with Dublin Boulevard being the through road. This cost shall be split between this development and the development of the Hansen Hills property immediately to the east and development of West Dublin on a pro rata basis based on the amount of traffic generated by each development. 59. The developer shall be responsible for paying his fair share towards the cost of the design, construction and inspection of -9- the off-site street improvements through the Valley Christian Center based on proportionate traffic generation on that street. 60. Prior to release of building permits, the Applicant shall remove all downed wood and debris the on-site creeks to keep this material from entering the water courses. This pruning and removal shall be done in the area lying between the creeks and 50 feet uphill of the flow line. 61. A 10-foot public utility easement shall be shown on the Final Map along all street frontages, in addition to all other easements required by the utility companies or governmental agencies. 62. All common area landscaping, and landscaped medians, shall be maintained by the homeowners' association/or property owners of the multi-family project. 63. All open space shall be owned and maintained by the City of Dublin, if offered for dedication and accepted by the City, or another agency/land trust acceptable to the City of Dublin Planning Director and Public Works Director, if offered for dedication and accepted by such agency. 64. The Developer shall submit to the Public Works Department for review and approval, a street signing and striping plan. 65. The Developer shall submit an acoustic analysis for the project. The study shall determine Interstate 580 affects on the proposed development and whether sound walls or other sound attenuations are necessary. If the study determines the sound walls are necessary, the Applicant shall submit plans and details subject to Site Development Review approval and construct them as part of their improvements. 66. If the Applicant is planning on selling the multi-family units as condominiums, the Tentative Map must say "For Condominium Purposes". UTILITIES 67. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each lot or building in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sized to meet utility company standards, or in public streets. 68. Prior to filing of the grading and improvement plans, the developer shall furnish the Public Works Director with a letter from Dublin San Ramon Services District (DSRSD) stating that DSRSD has agreed to furnish water and sewer service to the development. 69. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals. The system shall be designed as acceptable to DSRSD. -10- 70. All utilities along the projects Dublin Boulevard frontage and within the project shall be undergrounded. WATER 71. Water facilities must be connected to the DSRSD system, and must be installed at the expense of the 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 will be subject to field inspection by the District. 72. Any water well, cathodic protection well, or exploratory boring shown on the map, that is known to exist, is proposed or is located during the course of field operations, must be properly destroyed, backfilled, or maintained in accordance with applicable groundwater protection ordinances. Zone 7 should be contacted for additional information. 73. The Developer/Applicant shall comply with all applicable DSRSD and City of Dublin Public Works requirements, particularly regarding: The elevation of the storm drain relative to the sewer lines. The location of the sewer man-holes. They shall be in parking or street areas accessible by DSRSD's equipment. c. Dedication of sewer lines. d. Location and design of the water system valves. 74. The Applicant/Developer shall submit plans for all DSRSD facilities within the project to DSRSD for review and approval. 75. The Applicant/Developer shall submit a water system analysis showing pressures and elevations throughout the development, subject to DSRSD review and approval. 76. Prior to issuance of grading permits, the Applicant/Developer shall submit to the City of Dublin Planning Director proof that DSRSD requirements have been met. IMPROVEMENT PLANS, AGREEMENTS AND SECURITY 77. The subdivider 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, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section -11- 66499.37 of the Government Code of the State of California. The City of Dublin shall promptly notify the subdivider of any claim, action, or proceedings and shall cooperate fully in the defense. DEDICATIONS 78. Park land shall be dedicated or in-lieu fees shall be paid, or a combination of both shall be provided prior to issuance of building permits,or prior to recordation of the Final Map, whichever occurs first, in accordance with the Subdivision Ordinance. The park land dedication required is approximately 2.887 acres (.011 acres per dwelling unit for single family portion of the site and .009 acres per dwelling unit for multi- family). OPEN SPACE/COMMON AREAS/LANDSCAPING 79. Maintenance of common areas including ornamental landscaping, graded slopes, erosion control plantings and drainage, erosion and sediment control improvements, retaining walls, and landslide repair improvements shall be the responsibility of the developer during construction stages, and until final improvements are accepted by the City, and the performance guarantee required is released; thereafter, maintenance shall be the responsibility of a Homeowner's Association, which automatically collects maintenance assessments from each owner and makes the assessments a personal obligation of each owner and a lien against the assessed property. 80. Street trees, of at least a 15-gallon size, shall be planted along the street frontages. Trees shall be planted in accordance with a planting plan, including tree varieties and locations, approved by the Planning Director. Trees planted within, or adjacent to, sidewalks or curbs shall be provided with root shields. 81. Prior to issuance of grading permit visually important trees shall be tagged in the field for protection and preservation and appropriately fenced subject to approval of the Public Works Director. DEBRIS/DUST 82. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The developer shall be responsible for corrective measures at no expense to the City of Dublin. 83. The developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean-up shall be made during the construction period, as determined by the Public Works Director. -12- 84. Areas undergoing grading and all other construction activities shall be watered or other dust~palliative measures used to prevent dust, as conditions warrant. ARCHAEOLOGY 85. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. FIRE 86. All materials and workmanship for fire hydrants, gated connections, and appurtenances~thereto, necessary to provide water supply for fire protection, must be installed by the developer and conform to all requirements of the applicable provisions specified by the Dougherty Regional Fire Authority (DRFA). All such work will be subject to the joint field inspection of the Public Works~Director and DRFA. 87. The developer shall comply with all.applicable requirements of DRFA including, but not limited to, those related to the following: Fire Trail Access, = Fire Buffer Zone, Weed Abatement, Fire Sprinklers in Structures outside the 1-1/2 mile distance from the nearest~fire station, Street Grades, Fire Impact Fee, ~ Fire Hydrants, and Roads MISCELLANEOUS 88. Any relocation of improvements~or public facilities shall be accomplished at no expense to the City. 89. Copies of the project plans, indicating all lots, streets and drainage facilities, shall also be submitted at 1" = 400' scale, and 1" = 200' scale for City mapping purposes. 90. 91. This property shall be annexed!to the Street Lighting Maintenance Assessment District No. 83-1. All construction traffic may b~ subject to specific routing as determined by the Public Works iDirector. 92. The Developer shall provide unit address information to the satisfaction of DRFA, U.S. Postal Services, and City of Dublin Planning Department. 93. All construction/grading activity at the site shall be restricted to the hours between 7:30 a.m. iand 5:30 p.m., Monday through Friday, except as may be approved in advance in writing by the Public Works Director. 94. In submitting subsequent plans~for review and approval, each set of plans shall have attached an annotated copy of these conditions of approval. The notations shall clearly indicate how all conditions of approval will be complied with. Construction plans will not be accepted without the annotated conditions attached to each set of plans. iThe Applicant will be responsible for obtaining the approvals ofiall participating non-City agencies prior to the issuance~of building permits. 95. The Applicant/Developer shall work with the Applicant/Developer of the adjacent property Hansen Hill/Bren Co. project site Tentative Map 5962 to provide adequate access and utility connections, to the satisfaction of Public Works Director. 96. Prior to issuance of grading plan the Applicant shall submit for review and approval a site safety plan for protection of construction worker. The Safety Plan shall establish action levels for personal protection!identified through on-site air monitoring in compliance with Alameda County Environmental Health Services requirements. 97. Any materials excavated during=construction and grading of the site which contain chemical compounds shall not be reused on-site unless acceptable remediation measures are complied with subject to Public Works Director approval. 98. Temporary fencing shall be provided during construction for those areas of riparian or oak/bay woodland habitat not intended to be included in the construction or grading zones. 99. For any removed trees with a trunk diameter greater than 6 inches at a height of 54 inches abovelground, replacement trees should be planted on-site and be of a~similar native species on a 3 to 1 basis. 100. Replacement trees shall be at least'a five gallon container stock size. The large trees which will be removed shall be replaced with bay trees at a size of at least ten gallon containers. A maintenance program shall be established for the replacement trees as necessary to provide fertilizer, pruning and protection from browsing by deer and rabbits. 101. The creation of the new habitat corridor on Lot 1 as approved by the California Department of Fish and Game shall be undertaken prior to or at least concurrently with the project construction, and shall consist of the minimum habitat widths and vegetation types as preliminarily proposed. A contingency plan for replanting of the corridor shall be developed in case the original attempt fails. The new habitat corridor shall be -14- inspected on an annual basis to determine if the original plantings are surviving and providing adequate wildlife habitat. If necessary, new plantings shall be installed and maintained in a manner consistent with the original plans. 102. Prior to undertaking any fill activities within the channel of Donlan Canyon Creek or in adjacent wetlands, all necessary permits shall be obtained from the California Department of Fish and Game, and the US Army Corps of Engineers. All conditions of these permits shall be implemented including those attached to the Corps permit by the San Francisco Bay Regional Water Quality Control Board through its issuance of State water quality certification. The Applicant shall submit verification that necessary permits have been obtained to the satisfaction of the Public Works Director. 103. The Applicant shall work with City Staff in the acquisition of all or part of the one arce Parcel C. BE IT FURTHER RESOLVED THAT THE City Council directs Staff to work with the Applicant to facilitate, for the City's best interest, the Applicant's acquisition of all or part of the one acre Parcel C. PASSED, APPROVED AND ADOPTED this 25th day of June, 1990. AYES: Councilmembers Hegarty, Jeffery, Snyder, Vonheeder and Mayor Moffatt NOES: None ABSENT: None -15-