Loading...
HomeMy WebLinkAboutReso 033-89 HeritageComm TM5883RESOLUTION NO. 33 - 89 ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING TENTATIVE MAP 5883 CONCERNING PA 88-009.2 - HERITAGE COMMONS - CASDEN COMPANY WHEREAS, Casden Company requests approval to subdivide 17.45+ acres of land into a one lot subdivision creating a lot for multiple family residential (which is proposed for subsequent subdivision into residential condominium air-space units); 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 the 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 did hold public hearings on December 19, 1988, January 17, 1989 and February 21, 1989 and the Planning Commission adopted Resolution 89-009 recommending approval of PA 88-009.2; and WHEREAS, the City Council did hold a public hearing on said Tentative Map request on March 27, 1989; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, the Staff Reports have been submitted recommending that the Tentative Map be approved subject to conditions prepared by Staff; and WHEREAS, the City Council did hear and consider all said reports and recommendations as hereinabove set forth; and WHEREAS, pursuant to State and City Environmental regulations, a Mitigated Negative Declaration of Environmental Significance has been previously adopted for the project (City Council Resolution No. 30-89); and WHEREAS, the City Council finds that the proposed Tentative Map will not have a significant environmental impact. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby find: 1. Tentative Map 5883, as modified, is consistent with the intent of applicable subdivision regulations and City Zoning and related ordinances. 2. Tentative Map 5883, as modified, is consistent with the City's General Plan as it applies to the subject property. [PA88-009.2:Reso CC (TMap) 3/27] -1- 3. Tentative Map 5883 will not result in the creation of significant environmental impacts. 4. Tentative Map 5883 will not have substantial adverse effects on health or safety or be substantially detrimental to the p~Dlic welfare, or be injurious to property orpublic improvements. 5. The site is physically suitable for the propos.ed development in that the site is indicated to be geologically satisfactory for the type of dev.elopment proposed in locations as shown, provided the g.eological consultant's recommendations are followed; and the site is in a good location regarding public services and facilities. 6. The site is physically suitable for the proposed development in that the design and improvements are consistent with those of similar existing residential developments which have proven to be satisfactory. 7. The request is appropriate for the subject prolperty 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, yet not readily available, in the City of Dublin. 8. 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. 9. 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. Map 5883 BE IT FURTHER RESOLVED that the City Council ~pproves Tentative PA 88-009.2 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 unless othewise specified. GENERAL PROVISIONS Approval of Tentative Map 5883 is subject to the subdivider securing final approval from the Dublin City Council for the Planned Development (PD) Rezoning request covering the subject property. Any modifications to the project design approved by the Planned Develo~pment (PD) Rezoning 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. [PA88-009.2:Reso CC (TMap) 3/27] Mitigation measures and monitoring program specified in City Council ResolutiOns 30-89 and 31-89 are made a part of these Conditions of Approval. ALAMO CREEK Provide bank stabilization along Alamo Creek. Detailed bank stabilization plans shall be reviewed by the City Engineer and approved by the Alameda County Flood Control and Water Conservation District (Zone 7). Fencing (of a design acceptable to ACFC &WCD - Zone 7 and the City Engineer) shall be installed to the satisfaction of Zone 7 and the City Engineer along Alamo Creek prior to occupancy of any residential units in this project. The maintenance road constructed for this project along the east side of the creek shall be paved for use as a possible future bike trail. The minimum pavement section shall be two (2) inches of asphalt concrete over 4 inches of base material. Soil's information and pavement design shall be submitted to the Public Works Department for further review. Access to the Alamo Creek maintenance roads shall be available to emergency vehicles. Fencing and gates for access are subject to the approval of Zone 7. Final creek stabilization and improvement plans are subject to review of soils report which might modify requirements for creek slope stabilization. ARCHAEOLOGY 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. BONDS 9. Prior to release by the City Council of the performance and labor and materials securities: All improvements shall be installed as per the approved Improve- ment Plans and Specifications. All required landscaping along public streets shall be installed and established. An as-built landscaping plan for landscaping along public streets shall be prepared by a Landscape Architect, together with a declaration that the landscape installation is in conformance with the approved plans. [PA88-009.2:Reso CC (TMap) 3/27] -3- d. The following shall have been submitted to the City Engineer: l) An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations, as- graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. 2) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. 3) A declaration by the project Geologist or Soils Engineer that all work was done in accordance with the recommen- dations contained in the soil and geologic investigation reports and specifications, and that continuous monitoring was performed by a representative of the Soils Engineer. 4) A declaration by the project Civil Engineer or Land Surveyor that the finished graded building pads are within + 0.1 feet in elevation of those shown on the grading plan (or to any approved modified grades). COVENANTS, CONDITIONS AND RESTRICTIONS 10. Covenants, Conditions and Restrictions (CC&R's) shall be established for the 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, common parking and driveway areas, lighting, recreation facilities, landscape and irrigation facilities, fencing, exterior of all buildings, 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 Homeowners' Association, unless paid for through a Lighting and Landscape Maintenance Assessment District. [PA88-009.2:Reso CC (TMap) 3/27] -4- Each buyer is to sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowners' Ass,Dciation and the Conditions, Covenants and Restrictions applying to the development. The Homeowners' Association shall contract witln, or be advised (as to how to handle maintenance operations) by, a professional management firm. Parking of recreational vehicles or boats shall be prohibited, except in designated recreational vehicle parking spaces. 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 mainentance of private vehicle .access ways and utility trenches in public utility easements. They shall further be void of any mention of future dedication of the access way to the City as a public street. Restrict the recoloring, refinishing, or alteration of any part of the exterior or any building until the Owner or Declarant first obtains approval from the related City of Dublin Departments. DRAINAGE 11. Roof drains shall be tied into the storm drain system in a manner approved by the City Engineer. 12. A minimum of 12" diameter pipe shall be used for all public storm drains to ease maintenance and reduce potential blockage. 13. The improvement plans for Subdivision 4950 shall be examined by the Applicant's engineer to discover the actual location of the existing storm drain facilities extending from Subdivision 4950 across this property in a southerly direction to Alamo Creek. The facilities as shown on the tentative map are incorrect. 14. The existing storm drain facilities that are under the proposed buildings must be removed, relocated or building locations changed. change in building locations is subject to approval of the Planning Director. Any 15. All storm drain outfalls into Alamo Creek should be of an Alameda County SD-506 type structure or as specified by Zone 7. 16. Entire site, including Alamo Creek maintenance roads, must be graded to drain away from Alamo Creek. On-site storm drainage shall be collected and discharged to the creek as specified by Zone 7. [PA88-009.2:Reso CC (TMap) 3/27] DEBRIS 17. 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 measur.~s at no expense to the City of Dublin. 18. 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 contruction period, as determined by the City Engineer. EASEMENTS 19. Where the subdivider does not have easements, he shall acquire easements, .and/or obtain rights-of-entry from the a~jacent property owners for improvements required outside of the prop.~rty. Original copies of the easements and/or rights-of-entry shall be in written form and shall be furnished to the City Engineer. 20. Permission shall be obtained from Alameda County for any encroachment into their property along the western property line. 21. Existing and proposed access and utility easements shall be submitted for review and approval by the City Engineer prior to the grading and improvement plan. These easements shall allow for practical vehicular and utility service access for all lots. 22. The developer shall be responsible for the development and recordation of an appropriate agreement (subject to review and approval by the City Attorney) which assures provision of the vehiclular/pedestrian/bicycle cross access, where such access facilities are common to Subdivision 4950 and 5883. 23. Public utility easements shall be established for the electric distribution system and to provide for lines for the telephone company. FIRE 24. All materials and workmanship for fire hydrants, gated connections, and appurtenances thereto, necessary to provide water s~pply for fire protection, must be installed by the developer and c.~nform to all requirements of the applicable provisions of the Standard Specifications of Dougherty Regional Fire Authority (DRFA). All such work will be subject to the joint field inspection of the City Engineer and DRFA. FRONTAGE IMPROVEMENTS 25. Amador Valley Boulevard is improved to 80-foot major arterial street standards. Any deficiencies in existing frontage improvements shall be corrected. New improvements shall be required to be installed by this development and shall include sidewalk, street monuments, street trees, landscaping along the frontage, and street restriping. [PA88-009.2:Reso CC (TMap) 3/27] -6- 26. The sidewalk, landscaping and irrigation, along the ~project's Amador Valley Boulevard frontage shall be installed prior tO the occupancy of any units in this project. Final design details shall be subject to review and approval by the Planning Department and City Engineer prior to installation. 27. Landscaping and irrigation plans for the project's frontage along Amador Valley Boulevard shall be submitted for review and approval by the Planning Department and City Engineer.with the project landscape working drawings. 28. Improvements shall be made, by the applicant, along all streets within the development and as required off-site, to include curb, gutter, sidewalk, paving, drainage, and work on the existing paving, if necessary, from a structural or.grade continuity standpoint. GRADING 29. Prior to commencement of construction of any structures, site grading shall conform with the recommendations of the project Soils Engineer, to the satisfaction of the City Engineer. A declaration by the Soils Engineer that he has supervised grading and that such conformance has occurred shall be submitted. 30. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and service connections stubbed out behind the sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines shall be installed in a manner which will not disturb the street pavement, curb, gutter and sidewalk when future service connections or extensions are made. 31. The Applicant shall be aware of the fact that some conrete/asphalt rubble was placed deep in the fill for areas which were previously to be landscaped. If buildings are to be placed over this rubble, special foundations will be required by the City's Building Inspection Department, or the rubble must be removed. 32. Grading shall be completed in compliance with the construction grading plans and recommendations of the project Soils Engineer and/or Engineering Geologist, and the approved erosion and sedimentation control plan, and shall be done under the supervision of the project Soils Engineer and/or Engineering Geologist, who shall, upon its completion, submit a declaration to the City Engineer that all work was done in accordance with the recommendations contained in the soils and geologic investigation reports and the approved plans and specifica- tions. Inspections that will satisfy grading plan requirements shall be arranged with the City Engineer. 33. Any grading on adjacent properties will require written approval of those property owners affected. 34. 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 [PA88-009.2:Reso CC (TMap) 3/27] -7- contained in the original soil investigation, a revised soil or geologic report shall be submitted for review by the City Engineer. 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. 35. The developer and/or his representatives shall notify the State Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any construction activity proposed in conjunction with this project that may affect Alamo Creek in accordance with Secti.ons 1601 and 1602 of the Fish and Game Code. A Streambed Alteration Agreement shall be secured by the developer from the Department of Fish and Game. HANDICAPPED ACCESS 36. Handicapped ramps and parking shall be provided as required by the State of California Title 24. IMPROVEMENT PLANS, AGREEMENTS AND SECURITIES 37. All improvements within the public right-of-way, including curb gutter, sidewalks, driveways, paving and utilities, must be .zonstructed in accordance with approved standards and/or plans. 38. Provide documentation acceptable to the City for unrestricted use of Stagecoach Road by project residents and visitors. 39. Prior to recordation of the Final Map, improvement plans complete with all on and off-site improvements, grading plans, hydrology map (showing complete drainage area), hydrology and hydraulic calculations (proving adequacy of on and off-site drainage improvements) and engineer's estimate shall be approved by the City Engineer. Moreover, all improvements shall be bonded and all plan checking ~nd inspection fees shall be paid. 40. Existing adjacent street improvements shall be inspected by the developer and a representative of the City to determine the existing condition of the improvements. Any damage caused by the construction of the work on this project shall be repaired to the satisfaction of the City Engineer prior to acceptance ofthe tract by the City Council. 41. Where the project improvements encroach on the Dublin Housing Authority lands, negotations shall be undertaken to obtain the right o improve those lands, or failing that, the project shall be moved away from the creek to insure no loss of improvement should there be creek bank failure. 42. Remove fence and'repair improvements, including drain inlets, at the south end of Stagecoach Road to the satisfaction of the City Engineer. 43. The subdivider shall enter into an Improvement Agreement with the City for all public improvements. Complete improvement plans, specifications and calculations shall be submitted to, and approved by, the City Engineer and other affected agencies having jurisdiction over public [PA88-009.2:Reso CC (TMap) 3/27] -8~ improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing and proposed improvements along adjacent public street(s) and property that relate to the proposed improvements. All required securities, in an amount equal to 100% of the approved estimates of construction costs of improvements, and a labor and material security, equal to 50% of the construction costs, shall be submitted to, and approved by, the City and affected agencies having jurisdiction over public improvements, prior to execution of the Improvement Agreement. 44. The Sign Program utilized for this project shall reflect the City Engineer's direction regarding street name signs and regulatory signs and shall be reviewed as part of the Project Improvement Plans. 45. Prior to approval of the improvement plans by the City Engineer, the first sheet must be signed by an authorized representative of the Dougherty Regional Fire Authority to approve "equipment access and hydrant locations" and by an authorized representative of PG&E to approve "street light locations". PARK DEDICATION 46. Parkland 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 parkland dedication required is approximately 1.854 acres (0.009 acres/dwelling units x number of dwelling units). In lieu fees are equal to the then current market value of one acre of the developable .acreage of the area to be subdivided times parkland dedication requirement. Parkland dedication credit may be available for on-site recreational facilities. Preliminary calculations of dedication credit are 0.1333 acres. Final calculations on parkland dedication credit are subject to review and approval of the Planning Director and City Engineer based on final improvements site and landscaping plans. STREETS 47. The minimum uniform gradient shall be 1% on streets and parking areas and shall be 2% on soil drainage. The street surfacing shall be asphalt concrete paving, except as otherwise noted for the p'roject entry off of Amador Valley Boulevard. The City Engineer shall review the project's Soils Engineer's structural design. The subdivider shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer. The subdivider's Soils Engineer shall determine a preliminary structural design of the road bed. After rough grading has been completed, the developer shall have soil tests performed to determine the final design of the road bed and parking areas. 48. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way if this work is not covered under the improvement plans. [PA88-009.2:Reso CC (TMap) 3/27] -9- 49. The striping and signing of internal roadways shall be subject to review and approval by the City Engineer as part of the Project Improvement Plans. Internal roadways shall be posted as private streets. Parking area striping and signing shall include small car, handicapped, and visitor parking information. Use of double parking space striping is encouraged. 50. A concrete band entry pavement treatment shall be supplied at the project entry off of Amador Vallely Boulevard to delineate a private street. The design, materials, dimensional layout, .and traffic signing for the entry pavement areas shall be subject to review and approval by the City Engineer as part of the Project Improvement Plans and Site Development Review. 51. Street names shall be submitted and processed through the Planning Department and those approved names shall be indicated on the Final Subdivision Map. 52. The Applicant shall submit a Private Vehicle Accessway Agreement for review and approval by the City Engineer, Planning Director and City Attorney prior to the framing inspection of any units in the project. The Agreement shall serve to establish a contract which will enable the City to provide specified maintenance service on the vehicle accessways in the event the Developer or the Homeowners' Association fails to so maintain them. This maintenance will be carried out at the Developer's or Homeowners' Association's expense. 53. The roadway alignment between the south edge of the main entry turn- around, a point approximately 100 feet south shall be adjusted to eliminate the offset at the first driveway intersection. 54. The roadway alignment at the eastern portion of Area 2 shall be modified to remove the compound curves. 55. The sidewalk along the east side of the main loop road shall be extended from the recreation center in Area 1 to Amador Valley Boulevard. UTILITIES 56. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each 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. 57. Prior to approval of the grading and improvement pl~s, the developer shall furnish the City Engineer with a letter from Dublin San Ramon Services District (DSRSD) stating that the District has agreed to furnish water and sewer service to the development. 58. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals. The system shall be designed as acceptable to DSRSD. [PA88-009.2:Reso CC (TMap) 3/27] -10- 59. All utilities to and within the project shall be undergrounded. 60. Prior to final preparation of the subgrade and placement of base materials, all underground utility mains shall be installed and service connections stubbed out beyond curb lines, and the Public Works Department notified by each of the utility companies having facilities within the work area, that the utility installation has satisfactorily passed acceptance tests. Public utilities and sanitary sewers shall be installed in a manner which will not disturb the street pavement, curb, and gutter when future service connections or extensions are made. 61. All new and existing utilities that will remain in place must be located in an easement that is acceptable to the utility company and the City Engineer. WATER 62. 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 Distict, and will be subject to field inspection by the District. 63. 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 at (415) 443-9300 for additional information. 64. Comply with DSRSD, Public Works, requirements, particularly regarding: a. 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 District equipment. c. Dedication of sewer lines. d. Location and design of the water system values. MISCELLANEOUS 65. 'Copies of the project plans, indicating all lots, streets and drainage facilities, shall also be submitted at 1" = 400-ft. scale, and 1" = 200-ft. scale for City mapping purposes. 66. All construction activity at this site shall be limited to the hours between 7:30 a.m. and 6:00 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. A request for weekend work shall be limited to light equipment and hand work and shall be requested in writing no later than Wednesday prior to the proposed weekend work. [PA88-009.2:Reso CC (TMap) 3/27] -11~ 67. All construction traffic shall enter and leave the site directly from the Amador Valley Boulevard frontage; none is to use the existing Stagecoach Road access, except as may be approved in advance, in writing by the City Engineer. 68. The developer shall pay a traffic impact fee to be used for traffic facility improvements, as outlined in the City Traffic Engineer's (TJKM) memo of December 5, 1988. The fees are based on the project's proportional share of cumulative traffic impacts within the City of Dublin for traffic improvements identified in the City of Dublin General Plan and 1988-1993 Capital Improvement Program. Total fees shall not exceed $106,668 or $518 per dwelling unit. 69. Maintenance of common areas including ornamental landscaping, graded slopes, erosion control planrings and drainage, erosion and sediment control 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 resonsibility of a Homeowners' 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. 70. There shall be compliance with DRFA requirements, Flood Control District requirements, and Public Works requirements. Written statements from each agency 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. 71. Unit address information and directories shall be provided to the satisfaction of the DRFA, Postal Services, and Dublin Planning and Building Departments. 72. Install street light standards and luminaries of the design, spacing and locations approved by the City Engineer. 73. The subdivider 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. 74. Street trees, of at least a 15-gallon size, shall be planted along the public 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 6 feet of sidewalks or curbs shall be provided with root shields. 75. A current title report and copies of the recorded deeds of all parties having any record title interest in the property to 'be developed and, if necessary, copies of deeds for adjoining properties land easements thereto, shall be submitted at the time of submission of the grading and improvement plans to the City Engineer. [PA88-009.2:Reso CC (TMap) 3/27] -12- 76. 77. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. Prior to filing of a condominium plan or offering a condominium unit for sale, the developer shall have completed the following: a. Recordation of the final map. b. Completion and final acceptance as complete by the City of all construction within the project to be offered for sale, including buildings, streets, parking and landscaping. PASSED, APPROVED AND ADOPTED this 27th day of March, 1989. AYES: NOES: None ABSENT: Councilmember Snyder Councilmembers Hegarty, Jeffrey, Vonheeder and Mayor Moffatt Mayor. [PA88-009.2:Reso CC (TMap) 3/27] -13-