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HomeMy WebLinkAbout5.1 Schaefer Ranch Lot 70 Page 1 of 6 STAFF REPORT PLANNING COMMISSION EXECUTIVE SUMMARY: The Applicant, Schaefer Ranch Holdings LLC (Discovery Builders) is requesting approval to increase the size of the undeveloped lot 70 (7931 Ridgeline Place) by approximately 0.35 acres. The proposal is to convert 0.35 acres of adjacent land currently designated as open space to Single-Family Residential. Lot 70 is planned to continue to have only one single-family home. The application includes amendments to the General Plan, Planned Development Zoning and Site Development Review Permit, and a Lot Line Adjustment. STAFF RECOMMENDATION: Disclose ex-parte contacts, conduct the public hearing, deliberate and adopt the following Resolutions: a) Recommending that the City Council approve a General Plan Amendment for approximately 0.35 acres located within Schaefer Ranch; b) Recommending that the City Council approve a Conditional Use Permit for a minor amendment to the Planned Development Zoning District (Ordinance No. 11 -06) for Schaefer Ranch; and c) Recommending that the City Council approve the Site Development Review Permit to allow for site improvements within Schaefer Ranch including a 12 foot wide roadway, landscaping and fencing. PROJECT DESCRIPTION: Schaefer Ranch is an area of approximately 500 acres located generally at the westerly boundary of the city limits north of the Interstate 580 and south of the unincorporated area of Alameda County, near the intersection of Schaefer Ranch Road and Dublin Boulevard as shown on the vicinity map below. Schaefer Ranch is generally bounded by hillside open space to the north, east and west, some of which has been dedicated to the East Bay Regional Parks District or placed in permanent conservation easements. Vicinity Map Page 2 of 6 Planning for the Schaefer Ranch project area was initially addressed in the Western Extended Planning Area Amendment to the General Plan adopted in 1992 and annexation to the City in 1996. The original Schaefer Ranch project approvals anticipated 474 single-family homes. The area has gone through a series of amendments and refinements since the initial approvals. In 2006, Planned Development Zoning with a Stage 2 Development Plan (Ordinance No. 11-06) and Site Development Review (Resolution No. 06 -17) were approved including the layout and site plan for four neighborhoods. In 2008, portions of Schaefer Ranch located south of Dublin Boulevard were amended, revising the Development Regulations and reconfiguring the subdivision. Subsequently in 2016, Schaefer Ranch Unit 3, located at the western terminus of Dublin Boulevard, was amended to allow 18 single-family detached homes. The resulting approvals for Schaefer Ranch now allow 418 homes. All of these homes have been constructed except for the 18 homes in Unit 3 and lot 70, which is the subject of this Staff Report. Current Request Discovery Builders is requesting approval to increase the size of undeveloped lot 70 (located at 7931 Ridgeline Place) by 0.35 acres. The proposal is to convert 0.35 acres of adjacent land currently designated as Open Space to Single-Family Residential. The open space areas adjacent to lot 70 are owned by the Schaefer Ranch Geologic Hazard Abatement District (GHAD), including the 0.35 acres that is proposed to be combined with lot 70. If the proposed project is approved, the Applicant will acquire the land from the Schaefer Ranch GHAD and combine it with lot 70. Lot 70 would continue to include only one single-family residence. The Applicant anticipates constructing the Early Californian (Plan B1) on lot 70 per the approved SDR. The current request for the proposed project includes the following entitlements: Page 3 of 6  General Plan Amendment – To change approximately 0.35 acres from Open Space to Single-Family Residential (0.9 to 6 units per acre).  Conditional Use Permit – To make a minor amendment to the Planned Development Zoning District to change the zoning of approximately 0.35 acres from Open Space to Single-Family Residential and corresponding changes to the Stage 2 Development Plan.  Site Development Review – To allow improvements to the project site and adjacent open space parcel, which include creating and landscaping a 12’ wide all weather access, front yard landscaping, and constructing rear yard fencing.  Lot Line Adjustment – To adjust the boundaries of lot 70 to incorporate the 0.35 acres of vacant land. ANALYSIS: General Plan Amendment The Applicant proposes to amend the General Plan to change the land use designation of approximately 0.35 acres from Open Space to Single -Family Residential in order to increase the size of lot 70. Lot 70 would continue to be allowed to have only one single - family home. The proposed General Plan Amendment would increase the area of lot 70 from 6,792 square feet to approximately 22,195 square feet, or 0.51 acres. T he proposed lot size is within the PD Single-Family Residential land use designation (.9 – 6 dwelling units per acre). EXISTING LAND USE PROPOSED LAND USE Page 4 of 6 A Resolution recommending City Council approval of a General Plan Amendment as proposed is included as Attachment 1 with the draft City Council Resolution included as Exhibit A. Conditional Use Permit – PD Amendment The Applicant proposes to change the Planned Development Zoning (Ordinance 11-06) of the 0.35 acres from PD-Open Space to PD-Single-Family Residential to ensure consistency with the proposed General Plan land use designation. In addition, corresponding modifications to the Stage 2 Development Plan, including the Site Plan, Fencing Master Plan, and Front Yard Plan are proposed to be consistent with the change in parcel configuration. Minor amendments to PD zoning, such as those proposed for this project, may be approved by means of a Conditional Use Permit if it can be found that the amendment substantially complies with and does not materially change the provisions or intent of the Planned Development Zoning. The Applicant is requesting approval of a Conditional Use Permit for the proposed amendments to the Planned Development Zoning District. A Resolution recommending that the City Council approve the amendments to the Planned Development Zoning District is included as Attachment 2 with the draft City Council Resolution included as Exhibit A. Site Development Review As proposed, lot 70 will have an expanded front yard and backyard landscape areas. Front yard landscaping will be installed by Discovery Builders when the single -family residence is constructed. The approved landscape plan for this neighborhood included approved plantings for typical lots. The reconfigured lot 70 does not match any of the typical lots; therefore, the Applicant has prepared a landscape plan for lot 70 as part of the amended SDR. The landscaping proposed for the front yard is consistent with the plant palate previously approved for this neighborhood in the original SDR. The Schaefer Ranch GHAD reviewed the proposed project and is requiring an access road adjacent GHAD parcel. The access road will be 12 feet wide of all -weather surface with 4 feet of landscaping on each side. A 20-foot wide strip located between lot 70 and lot 71 will be maintained to provide access to the GHAD parcel. A Condition of Approval requires the Applicant to construct a 12-foot wide all-weather surface access road and four feet of landscaping on both sides of this access road. The plants that will be installed adjacent to the access road include Coast Rosemary and Indian Hawthorn, which is consistent with the existing plant palate for Neighborhood B. The fences for lot 70 will match the previously approved good neighbor fence between the private property and a view fences between private property and open space areas. The location of the fences will be changed to be consistent with the revised lot 70 configuration. A Resolution recommending that the City Council approve the Site Development Review is included as Attachment 3 with the draft City Council Resolution attached as Exhibit A. The landscape plan is attached to the City Council Resolution. Page 5 of 6 Lot Line Adjustment If the proposed project is approved, the Applicant will file an application for a Lot Line Adjustment (LLA) with the Community Development Director. The LLA will be reviewed for conformance with City regulations, including the Subdivision Map Act, General Plan and zoning as amended. If the LLA is found to be in conformance, the LLA wi ll be approved by the Community Development Director. CONSISTENCY WITH GENERAL PLAN & ZONING ORDINANCE: The proposed amendment to the General Plan and Planned Development Zoning reflect land uses that are compatible with the existing neighborhood charac ter. The proposed project will not result in any additional residential units within Schaefer Ranch. The minor amendments to the Planned Development zoning and Site Development Review are consistent with the requested land use amendments. The proposed pro ject has been reviewed for conformance with the Community Design and Sustainability Element of the General Plan. The project has been designed to be compatible with adjacent and surrounding development. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the project to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies are included in the Resolution approving Site Development Review (Attachment 3, Exhibit A). PUBLIC NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project. A public notice also was published in the East Bay Times and posted at several locations throughout the City. The letter is included as Attachment 4. A copy of this Staff Report has been provided to the Applicant. The City received a letter in opposition of the project from the resident at 7928 Ridgeline Place (lot 71). ENVIRONMENTAL REVIEW: The impacts of the Schaefer Ranch project were analyzed in an environmental impact report that was certified by the City in 1996 (Schaefer Ranch Project/General Plan Amendment Environmental Impact Report, State Clearinghouse No. 95033070 (the “Schaefer Ranch EIR” or “1996 EIR”) and subsequent addendums approved in 2008 and 2016. The EIR assumed 474 dwelling units. The addendum approved by the City Council in 2016 anticipated the Schaefer Ranch Unit 3 project as well as the proposed General Plan Amendment to convert the subject 0.35 acres of Open Space to Single-Family Residential to increase the area of lot 70. Page 6 of 6 No further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR for Schaefer Ranch project, and the subsequent addendums. ATTACHMENTS: 1. Planning Commission Resolution Recommending City Council Approval of a General Plan Amendment 1a. Exhibit A to Att 1 Draft City Council Resolution Approving a General Plan Amendment 2. Planning Commission Resolution Recommending City Council Approval of a Conditional Use Permit 2a. Exhibit A to Att 3 Draft City Council Resolution Approving a Conditional Use Permit 2b. Exhibit A to Draft City Council Resolution Approving a Conditional Use Permit 3. Planning Commission Resolution Recommending City Council Approval of a Site Development Review Permit 3a. Exhibit A to Att 6 Draft City Council Resolution Approving a Site Developmet Review Permit 3b. Exhibit A to Draft City Council Resolution Approving a Site Development Review Permit 4. Letter from Resident at 7928 Ridgeline Place RESOLUTION NO. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF AMENDMENTS TO DUBLIN ZONING ORDINANCE CHAPTER 8.92 (WIRELESS COMMUNIC ATION FACILITIES, CHAPTER 8.36 (DEVELOPMENT REGULATIONS) AND CHAPTER 8.104 (SITE DEVELOPMENT REVIEW) EFFECTIVE CITY-WIDE PLPA-2014-00064 WHEREAS, On February 22, 2013 the Federal government adopted the Middle Class Tax Relief and Job Creation Act of 2012 (Act), which provides that state or local governments may not deny, and shall approve, any request for collocation, removal, or replacement of transmission equipment on an existing wireless tower or base station, provided the action do es not substantially change the physical dimensions of the tower or base station; WHEREAS, Dublin Zoning Ordinance Chapter 8.92 (Wireless Communication Facilities) provides a uniform and comprehensive set of standards for the development and installation of wireless communication facilities to protect and promote public health, safety, community welfare and aesthetic qualities in the City; and WHEREAS, Zoning Ordinance amendments are necessary to comply with federal and State law and clarify the regulations for wireless communication facilities; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, Pursuant to the CEQA, Staff is recommending that the project be found exempt in accordance with CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the amendments to Title 8 of the Dublin Municipal Code (Zoning Ordinance) will not have a significant effect on the environment. In accordance with Section 15378(b)(5) of the CEQA Guidelines because the proposed action is not a project under. Pursuant to the FCC, changes to an existing telecommunications facility, that comply with Section 6409(a) of the Act, are considered minor changes and amending the Zoning Ordinance to comply with this Federal law would not impact the environment. As such, the proposed Zoning Ordinance Amendment is not subject to CEQA; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending City Council approval of the proposed Zoning Ordinance Amendments; and WHEREAS, the Planning Commission held a public hearing on the proposed Zoning Ordinance Amendments on September 26, 2017; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the proposed ordinance. 2 of 2 NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt the Zoning Ordinance amendments attached hereto as Exhibit A and incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 26th day of September, 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director ORDINANCE NO. XX-17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* AMENDING CHAPTERS 8.92, 8.36, AND 8.104 OF THE DUBLIN MUNICIPAL CODE RELATING TO DEVELOPMENT OF WIRELESS COMMUNICATIONS FACILITIES The City Council of the City of Dublin does hereby ordain as follows: Section 1. Chapter 8.92 (Wireless Communications Facilities) of the Dublin Municipal Code is hereby amended to read as follows: “8.92.010 Purpose. The purpose of this Chapter is to provide a uniform and comprehensive set of standards for the development and installation of wireless communication facilities and related facilities. These standards cover the siting, designing and permitting of wireless communication facilities. 8.92.020 Intent. The intent of the regulations contained herein is to protect and promote public health, safety, community welfare and to: A. Protect the visual character of the City from the potential adverse effects of wireless communication facilities development and wireless communication f acility installation; B. Ensure against the creation of visual blight within or along the City’s scenic corridors and ridgelines; C. Ensure that wireless communication facilities, to the maximum extent possible, are located in areas where the adverse impacts on the community are minimal; D. Ensure that wireless communication facilities, which include equipment cabinets and shelters, are configured in a way that minimizes the adverse visual impact of the facilities; E. Retain local responsibility for management of the use of the public right-of-way; F. Enhance the ability of the provider of wireless communication services to provide such services to the community quickly, effectively and efficiently; G. Ensure that a competitive and broad range of wireless communication services and high quality wireless communication service infrastructure are provided to serve the business community; H. Encourage collocation when it will decrease visual impacts and discourage collocation when it will increase negative visual impacts, to the extent allowed by state and federal law; and I. Establish a process for obtaining necessary permits for wireless communication facilities while at the same time ensuring compliance with applicable zoning, building, and safety requirements under this code. 8.92.030 Definitions. For the purposes of this Chapter, unless otherwise apparent from the context, the definitions below shall apply. Where any of the definitions in this Chapter may conflict with definitions in Chapter 8.08 of the Dublin Zoning Ordinance, the definitions in this Chapter shall prevail for purposes of this Chapter. A. Antenna. The term antenna shall mean any system of wires, poles, panels, rods, reflecting disc, or similar devices used for the transmission or reception of electromagnetic waves (or radio frequency signals) when such system is either external to or attached to the exterior of a structure, ground-mounted, or is portable or movable. “Antenna” includes devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be a part of the antenna. B. Base Station. The term base station includes any structure other than a tower that supports or houses equipment in a fixed location that enables Federal Communications Commission (FCC)-licensed or authorized wireless communications between user equipment and a communications network. As an illustration and not a limitation, the FCC's definition refers to any structure that actually supports wireless equipment even though it was not originally intended for that purpose. Examples include, but are not limited to, wireless facilities mounted on buildings, utility poles and transmission towers, light standards or traffic signals. A structure without wireless equipment replaced with a new structure designed to bear the additional weight of wireless equipment constitutes a “Base Station”. C. Collocation. The term collocation shall mean the mounting of a wireless communication facility on or integrated within the same tower or structure as an existing, authorized wireless communication facility. D. Fully- Concealed Facility. The term fully-concealed facility refers to wireless communication facilities which are designed and constructed to blend in with the surrounding environment so that the antenna and related equipment are not readily visible. Examples include a cupola on a building, water tank, artificial tree, rocks and a utility pole where all antenna and related equipment are internally mounted or underground. E. Height. The term height shall mean the distance measured from ground level to the highest point on the wireless communication facility, including an antenna or piece of equipment attached thereto. In the case of “crank-up” or other similar towers whose height can be adjusted, the height of the tower shall be the maximum height to which it is capable of being raised. F. Owner or Operator. The term owner or operator shall mean the person, entity or agency primarily responsible for installation and maintenance of the wireless communication facility, which may or may not be the same person or entity which is the owner of the property on which the facility is located. G. Public Right-of-Way. The term public right-of-way shall mean and include all public streets and easements, now and hereafter owned by the City or other public entity, but only to the extent of the City or public entity’s right, title, interest or authority to grant a license to occupy and use such streets and easements for wireless communication facilities. H. Radio Frequency (RF). The term radio frequency (RF) shall mean electromagnetic energy with wave lengths between the audio range and the light range. I. Readily Visible. The term readily visible means that an object can be seen from street level by a person with normal vision, and distinguished as an antenna or related equipment of a wireless communication facility, due to the fact that it is not fully-concealed, stands out as a prominent feature of the landscape, protrudes above or out from the structure ridgeline, or is otherwise not sufficiently camouflaged or designed to be compatible with the appurtenant architecture or building materials. J. Related Equipment. The term related equipment shall mean all equipment ancillary to the transmission and reception of voice and data via radio frequencies. Such equipment may include, but is not limited to, cable conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders. K. Structure Ridgeline. The term structure ridgeline shall mean the line along the top of an existing roof or top of a structure, including existing parapets, penthouses, or mechanical equipment screens. L. Tower. The term tower shall mean a mast, pole, monopole, lattice tower, or other structure erected on the ground or on a structure designed and primarily used to support antennas. A ground or building mounted mast greater than 15 feet tall and 6 inches in diameter supporting one or more antenna, dishes, arrays, etc., shall be considered a wireless communications tower. M. Wireless Communication Facilities. The term wireless communication facilities shall mean a facility that transmits and/or receives electromagnetic signals, including antennas, microwave dishes, parabolic antennas, directional antennas and other types of equipment for the transmission or reception of such signals, towers or similar structures supporting the equipment, equipment buildings, shelters, cabinets, parking area and other accessory development. N. Section 6409(a). The term Section 6409(a) refers to Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, codified as 47 U.S.C. section 1455(a), as may be amended or interpreted in judicial or administrative decisions or implementing regulations. O. Section 6409(a) Modification. The term Section 6409(a) Modification means a collocation, modification, or replacement of transmission equipment at an existing wireless tower or base station that does not result in a substantial change in the physical dimensions of the existing wireless tower or base station pursuant to Section 6409(a). P. Substantial Change. The term substantial change for the purposes of a Section 6409(a) Modification shall mean: 1. For wireless towers outside the public right-of-way, a substantial change occurs when the proposed collocation or modification: a. Increases the overall height more than ten (10) percent or the height of one additional antenna array not to exceed twenty (20) feet (whichever is greater); or b. Increases the width more than twenty feet (20) from the edge of the tower or the width of the tower at the level of the appurtenance (whichever is greater); or c. Involves the installation of more than the standard number of equipment cabinets for the technology involved, not to exceed four (4); or d. Involves excavation outside of the current boundaries of the leased or owned property surrounding the tower, including any access or utility easements currently related to the site. 2. For wireless towers within the public right-of-way and for all base stations, a substantial change occurs when the proposed collocation or modification: a. Increases the overall height more than ten (10) percent or ten (10) feet (whichever is greater); or b. Increases the width more than six (6) feet from the edge of the tower or base station; or c. Involves the installation of any new ground-mounted equipment cabinets that are ten percent (10%) larger in height or volume than any existing ground mounted equipment cabinets; or d. Involves the installation of any new equipment cabinets on the ground when there are no existing ground-mounted equipment cabinets; or e. Involves excavation outside the area in proximity to the structure and other transmission equipment already deployed on the ground. 3. For all proposed collocations and modifications, a substantial change occurs when: a. The proposed collocation or modification would defeat the concealment elements of the tower or base station; or b. The proposed collocation or modification violates a prior condition of approval, provided however that the collocation need not comply with any prior condition of approval that is determined to be inconsistent with the thresholds for a substantial change described in this section. The thresholds and conditions for a "substantial change" described in this section are mutually exclusive—the violation of any individual threshold or condition results in a substantial change. The height and width thresholds for a substantial change described in this section are cumulative for each individual wireless tower or base station. The cumulative limit is measured from the physical dimensions of the original structure for base stations and all sites in the public rights-of-way, and from the smallest physical dimensions that existed on or after February 22, 2012, for wireless towers on private property. 8.92.040 Exemptions. The following wireless communication facilities are exempt from the standards of this Chapter, but shall fully comply with other applicable requirements of the municipal code including, but not limited to, adopted building, electrical, plumbing, mechanical, and fire codes: A. Antennas designed to receive video programming signals from direct broadcast satellite (DBS) services, multi-channel multipoint distribution providers (MMDS), or television broadcast stations (TVBS), provided that all of the following conditions are met: 1. The antenna measures 39 inches (one meter) or less in diameter within residential districts; or 78 inches (two meters) or less in diameter within commercial and industrial zoning districts; 2. If the antenna is mounted on a mast, the mast must measure less than twelve (12) feet in height; 3. The antenna does not pose a threat to public safety, including, but not limited to, minimum separation from power lines, compliance with electrical and fire code requirements, and secure installation, as determined by the Building Official; 4. The antenna is not located on a site or building with historical significance, as demonstrated by inclusion on any list of historical sites officially adopted by any local, state, or federal governmental body; 5. To the extent feasible, the antenna is installed in a location where it is not readily visible from the public right-of-way. B. Amateur radio antennas that do not exceed the maximum building height for the zoning district in which it is located by more than 25 feet. If an antenna is installed on the roof of the building, the height of the antenna shall be inclusive of the building height. C. Public communication facilities, including personal wireless services, used and maintained by the City, or any fire district, school district, hospital, ambulance service, governmental agency, or similar public use. D. Minor repair and regular maintenance of an existing wireless telecommunication facility that does not increase the number, height, size, or appearance of the antennas or ancillary related equipment as previously approved by the City. E. All wireless communication facilities in the public right-of-way. Wireless communication facilities in the public right-of-way shall be subject to a Personal Wireless Facilities Services Permit as set forth in Chapter 7.04 of the Dublin Municipal Code, which sets forth the particular terms and provisions under which the approval to occupy and use the public rights-of-way of the City will be granted if occupancy of the public rights-of-way is desired or required. F. Any “co-location facility” that meets the requirements of California Government Code Section 65850.6. 8.92.050 Permitting Procedure. A Site Development Review pursuant to Chapter 8.104 shall be required for all new or modified wireless communication facilities, unless otherwise noted in this Chapter. 8.92.060 Application Requirements. A. New Wireless Communication Facilities. The following application materials are required for new wireless communication facilities: 1. Plans. Complete and accurate plans, fully-dimensioned and drawn to scale, which include the following items. a. A depiction of all existing and proposed utility runs and points of contact. b. A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plan view. c. Plan view and all elevations of a scaled depiction of the maximum permitted increase to towers, base stations and other support structures as authorized by Section 6409(a) of the 2012 Middle Class Tax Relief Act. The proposed project shall be used as the baseline for new facilities and the existing facility used as the baseline for modifications. 2. Authorization. A statement from property owner authorizing application. 3. Description of Services. A description of the services that the applicant proposes to offer or provide in conjunction with the proposed sites. 4. Definition of Service Area. Definition of the service area needed for coverage or capacity of a wireless communication facility and service area maps and information showing that the proposed facility would provide the needed coverage or capacity. 5. Alternative Site Analysis. Alternative site analysis and map showing all alternate sites, including all collocation opportunities within one-half mile, that were analyzed in the wireless communication service provider’s site selection process and any additional sites as required by the Community Development Director from which the needed coverage could also be provided, indicating the zoning for all such sites. The analysis shall address the potential for collocation at an existing or new site. 6. Visual Analysis. Photo simulations of the proposed project including a map depicting where the photos were taken. The visual impact analysis may require photo overlays, scaled models, renderings, or mockups as determined appropriate by the Community Development Director. 7. Noise Analysis. Noise impact analysis information for the proposed wireless communication facility including, but not limited to, equipment, such as air conditioning units and back-up generators. A manufacturer’s specification sheet may be provided in lieu of a noise impact analysis, if determined appropriate by the Community Development Director. 8. RF Emissions. Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC. The document shall include both the actual levels as they exist currently and the cumulative levels for the proposed facility and all other facilities in the vicinity. 9. Landscape Plan. Where applicable, the applicant shall submit a plan depicting existing surrounding landscaping, proposed landscaping, a landscape protection plan for construction and a maintenance plan (including an irrigation plan). 10. Other Information. The applicant shall submit any other relevant information as required by the Community Development Director. B. Modifications to Existing Wireless Communication Facilities. The following application materials are required for modifications to all existing wireless communication facilities except Section 6409(a) Modifications: 1. Plans. Complete and accurate plans, full-dimensioned and drawn to scale, which include the following items. a. A depiction of all existing and proposed utility runs and points of contact. b. A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plain view. 2. Prior Permits. True and correct copies of all previously obtained land use approvals, including all required conditions of approval. 3. Noise Analysis. Noise impact analysis for the proposed wireless communication facility including, but not limited to, equipment, such as air conditioning units and back- up generators. A manufacturer’s specification sheet may be provided in lieu of a noise impact analysis, if determined appropriate by the Community Development Director. 4. RF Emissions. Written documentation demonstrating that emissions from the proposed wireless communications facility are within the limits set by the FCC. The document shall include both the actual levels as they exist currently and the cumulative levels for the proposed facility and all other facilities in the vicinity. 5. Other Information. The applicant shall submit any other relevant information as required by the Community Development Director. 8.92.070 Section 6409(a) Modification. Except as expressly modified by this section, an application for a Section 6409(a) Modification shall be subject to the provisions of this Chapter. A. Application Materials. Notwithstanding Section 8.92.060 (Application Requirements), the following application materials are required for Section 6409(a) Modifications: 1. A site plan and elevation drawings for the facility as existing and as proposed with all height and width measurements explicitly stated. The plans must include plan views and all four elevations that depict the physical dimensions of the existing facility as it existed on February 22, 2012 or as approved if constructed after February 22, 2012. 2. A description of all construction that will be performed in connection with the proposed modification, including, but not limited to, the location of any excavations or deployments. 3. A written statement that explains in plain factual detail whether and how Section 6409(a) and applicable implementing regulations require approval of the proposed Section 6409(a) Modification. A complete written narrative analysis shall state the applicable standard and all facts that would allow the city to conclude the standard has been met. Bare conclusions without factual support shall not constitute a complete written analysis. As part of the written statement the applicant shall include: (i) whether and how the support structure qualifies as an existing tower or existing base station; and (ii) whether and how the proposed Section 6409(a) Modification does not cause a substantial change in height, width, excavation, equipment cabinets, concealment, or permit compliance. 4. True, correct and complete copies of all permits and other regulatory approvals, including without limitation any conditions of approval, issued in connection with the tower or base station to be collocated on or modified. B. Review and Required Findings. Notwithstanding the provisions of 8.92.050 (Permitting Procedures) and 8.92.080 (Development Standards and Regulations), the Community Development Director shall approve or deny a request for a Section 6409(a) Modification in accordance with this section and applicable federal law or regulations. The Community Development Director shall approve an application for a Section 6409(a) Modification if he or she makes the following findings: 1. The proposed modification does not cause a substantial change in the existing tower or base station and otherwise fully qualifies as a Section 6409(a) Modification under applicable law; 2. The existing tower or base station was permitted with all required regulatory approvals required at the time of construction; and 3. The proposed modification does not violate any legally enforceable standard or permit condition reasonably related to public health and safety, including, but not limited to, building, structural, electrical, and safety codes. A proposed modification to a wireless communication facility that does not qualify as a Section 6409(a) Modification shall be denied and will instead be subject to the requirements set forth in this Chapter for the specific type of wireless communication facility proposed. C. Other. Nothing in this section prevents the city from imposing other lawful conditions on the approval of a Section 6409(a) Modification including, but not limited to, conditions consistent with obligations imposed on the initial installation. Nothing in this section shall be construed to waive or limit the city’s proprietary right to control the use of its real or personal property for telecommunications purposes. 8.92.080 Development Standards and Regulations. A. Residential Districts. Wireless communication facilities are prohibited on private property in all residential zoning districts and comparable Planned Development zoning districts except as indicated in Section 8.92.040. B. Location Criteria. All wireless communication facilities shall be located so as to minimize their visibility. The following measures shall be implemented: 1. No wireless communication facilities shall be installed on an exposed ridgeline, or at a location readily visible from I-580, I-680, or scenic corridor identified in the Eastern Dublin Scenic Corridor Policy, or on property designated Parks/Recreation, Open Space, or Stream Corridor on the Dublin General Plan, unless it blends with the surrounding existing natural and artificial environment in such a manner as to not be readily visible, and a finding is made that no other location is technically feasible and complies with those policy documents; 2. No facility may be located within the front setback, along major street frontages where it will be readily visible or between the face of a building and a public street, bikeway or park, except for approved facade-mounted equipment or facilities located on existing structures; 3. No towers shall be installed closer than one half mile from any existing tower unless technologically required (technical evidence must be submitted to the Community Development Director showing a clear need for this facility, and the infeasibility of collocating it on an existing site), or visually preferable (i.e. fully-concealed facility that blends with the surrounding existing natural and artificial environment; 4. Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 8:00 p.m. and 7:00 a.m. on weekday nights. At no time shall equipment noise from any source exceed an exterior noise level of 60 dB at the property line. If the facility is located within one hundred (100) feet of a residential use, noise attenuation measures shall be included to reduce noise levels to a level of 50 dBA measured at the property line. 5. All towers shall be set back at least twenty percent (20%) of the tower height from all property lines, and at least one hundred (100) feet from any public trail, park, or outdoor recreation area, unless it is a fully-concealed facility that blends with the surrounding existing natural and artificial environment. C. Design Review Criteria. In addition to all other requirements set forth in this Chapter, all wireless communication facilities shall meet the following design requirements: 1. Minimizing Visual Impact. All wireless communication facilities shall incorporate appropriate techniques to camouflage, disguise and/or blend them into the surrounding environment. Wireless communication facilities shall be in scale and designed to blend with the existing natural or built surroundings and existing supporting structures. The City shall have the authority to require special design features for the wireless communication facilities in areas of particular sensitivity (e.g. proximity to historic or aesthetically significant structures, views and/or community features). Based on potential aesthetic impact, the order of preference for facility type is: (1) Collocation sites, when such siting minimizes adverse effects related to land use compatibility, visual resources, public safety, and other environmental factors, (2) building-mounted (façade or roof) facilities, (3) ground-mounted facilities and (4) a new tower. 2. Paint and Finish Materials. Wireless communication facilities including the antennas and related equipment shall be constructed out of non-reflective materials, painted and/or textured to match the existing support structure and painted to blend with their surroundings. 3. Related Equipment. All equipment shelters or cabinets must be concealed from public view or made compatible with the architecture of surrounding structures or placed underground. Support equipment pads, cabinets, shelters and buildings require architectural, landscape, color, or other camouflage treatment to minimize visual impacts. 4. Lightning Arrestors and Beacon Lights. Lightning arrestors and beacon lights shall not be included in the design of facilities unless required by the FAA. Lightning arrestors and beacons shall be included when calculating the height of facilities such as towers. 5. Height. The maximum height of a wireless communication facility shall be equal to the height limit for the district in which it is located. An exception to the height limit may be approved based on a visual analysis demonstrating that views of the facility are minimized or are substantially screened, and on an engineering analysis justifying the height of the proposed facility and demonstrating that a lower height is not feasible. 6. Lighting. Wireless communication facilities shall not be artificially lighted, unless required by the FAA or other applicable authority and designed to ensure the least disturbance to the surrounding views. 7. Satellite Dish/Parabolic Antennas - Ground-Mounted. Satellite dish or parabolic antennas that are ground-mounted shall be situated as close to the ground as possible to reduce visual impact without compromising their function. No such antenna shall be located in any front yard, nor in a corner side yard unless the antenna is screened from pedestrian-level view. No such antenna exceeding 39 inches in diameter shall be located within a required setback unless approved through a Site Development Review application upon a showing that no reasonable alternative location is available. 8. Roof Setbacks. Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator’s service area. Roof mounted antennas shall be designed to minimize their visibility and blend with the surroundings. Placing roof mounted antennas in direct line with significant view corridors shall be avoided. 8.92.090 Removal of Abandoned Facilities. Any wireless communication facilities that are not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such facilities or the owner of the property upon which the facilities are located shall remove the same within ninety (90) days of receipt of notice from the Community Development Director notifying the owners of the removal requirement. If such facilities are not removed within the ninety (90) days, the Community Development Director may cause the antenna or tower to be removed at the expense of the owners of the facilities and the property. If there are two (2) or more users of a single tower, the tower shall not be deemed abandoned and shall not be subject to these provisions until all users have abandoned the facility.” Section 2. Subsection 8.36.110.C.3.c (Utility and Communication Facilities) of the Dublin Municipal Code is hereby amended to read as follows: “c. Utility and communications facilities. Except as otherwise provided in Chapter 8.92, Wireless Communication Facilities Regulations, individual radio and television receiving antennas, wireless communication facilities, satellite dishes, transmission and distribution poles and towers for public utilities are not subject to the height limits of this Chapter. See Chapter 8.92 Wireless Communication Facilities regarding development regulations and land use approvals for those facilities.” Section 3. Subsection 8.104.020.I (Site Development Review) of the Dublin Municipal Code is hereby added to read as follows: “I. Minor modifications to Wireless Communications Facilities. Minor modifications to existing wireless communication facilities that involve no physical change visible from the public right-of-way.” Section 4. Subsections 8.104.030.A.4 and 8.104.030.A.5 (Site Development Review) of the Dublin Municipal Code are hereby amended to read as follows: “4. Modifications to Wireless Communications Facilities. Modifications to existing wireless communication facilities that involve changes to the appearance where the change is in substantial conformance with an approved Site Development Review and Section 6409(a) Modifications as defined in Chapter 8.92. These facilities are also subject to the provisions of Chapter 8.92, Wireless Communication Facilities.” 5. Other Improvements. All other improvements determined by the Community Development Director to be minor in nature and requiring review.” Section 5. Section 8.104.040.A.12 (Site Development Review) of the Dublin Municipal Code is hereby amended to read as follows: “12. Wireless Communications Facilities. All new wireless communication facilities and modifications to wireless communication facilities that are not in conformance with an approved Site Development Review. These facilities are also subject to the provisions of Chapter 8.92, Wireless Communication Facilities.” Section 6. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The City Council of the City of Dublin hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. Section 7. Effective Date. This ordinance shall take effect thirty (30) days after its adoption. Section 8. Posting. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this ___ day of _____, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ___________________________________ Mayor ATTEST: ___________________________________ City Clerk RESOLUTION NO. 17- xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING DISTRICT (ORDINANCE NO. 11-06) FOR SCHAEFER RANCH (APN 941-2834-034 & A PORTION OF APN 941-2832-026) PLPA-2017-00024 WHEREAS, the Applicant, Schaefer Ranch Holdings LLC (Discovery Builders), proposes to increase the size of undeveloped lot 70 (located at 7931 Ridgeline Place) by approximately 0.35 acres. The Applicant is requesting approval of a General Plan Amendment to change the land use designation on approximately 0.35 acres located on Parcel U a nd I of Tract 6755 adjacent to lot 70 from Open Space to Single-Family Residential (0.9-6.0 units/acre); and WHEREAS, the application also includes a companion Conditional Use Permit to amend the Planned Development zoning (Ordinance No. 11 -06) and Site Development Review, and approval of a Lot Line Adjustment to modify the boundaries of lot 70 to incorporate the subject 0.35 acres. The proposed development applications are collectively known as the “Project”; and WHEREAS, the Project site is located within the Schaefer Ranch Development in the Western Extended Planning Area near the intersection of Dublin Boulevard and Schaefer Ranch Road; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The impacts of the Schaefer Ranch project were analyzed in an Environmental Impact Report that was certified by the City in 1996 (Schaefer Ranch Project/General Plan Amendment Environmental Impact Report, State Clearinghouse No. 95033070 (the “Schaefer Ranch EIR” or “1996 EIR”) and in subsequent Addendums in 2008 and 2016; and WHEREAS, in 2016, the City Council approved an Addendum to the 1996 EIR for properties in Unit 3 and a 1.14 acre area at the end of Ridgeline Place (Unit 1), which included the 0.35 acres proposed to be combined with lot 70 .The 2016 Addendum was approved by the City Council on June 7, 2016; and WHEREAS, no further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR and subsequent Addendums prepared for the Schaefer Ranch project; and WHEREAS, on October 24 2017, the Planning Commission held a properly noticed public hearing on the Project, including the proposed General Plan Amendment, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report, dated October 24, 2017, and incorporated herein by reference, described and analyzed the Project, including the Conditional Use Permit, for the Planning Commission; and 2 of 2 WHEREAS, the Planning Commission did hear and use its independent judg ement and considered all said reports, recommendations, and testimony hereinabove set forth prior to making its recommendation on the project; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council adopt a Resolution approving the Conditional Use Permit for a minor amendment to the Planned Development Zoning District (Ordinance No. 11-06) for Schaefer Ranch which resolution is attached as Exhibit A and incorporated herein by reference . PASSED, APPROVED AND ADOPTED this 24th day of October 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director G:\PA\2017\PLPA-2017-00024 Schaefer Ranch Lot 70 GPA, PD Amendment, SDR & LLA\PC Hearing.10.24.17\Att 2 PC Reso CUP.docx ` Page 1 of 4 RESOLUTION NO. xx - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING A CONDITIONAL USE PERMIT FOR A MINOR AMENDMENT TO THE PLANNED DEVELOPMENT ZONING DISTRICT (PD 06-031) FOR SCHAEFER RANCH (APN 941-2834-034 & A PORTION OF APN 941-2832-026) PLPA-2017-00024 WHEREAS, the Applicant, Schaefer Ranch Holdings LLC (Discovery Builders), proposes to increase the size of undeveloped lot 70 (located at 7931 Ridgeline Place) by approximately 0.35 acres. The Applicant is requesting approval of a General Plan Amendment to change the land use designation on approximately 0.35 acres located on Parcel U a nd I of Tract 6755 adjacent to lot 70 from Open Space to Single-Family Residential (0.9-6.0 units/acre); and WHEREAS, the application also includes a companion Conditional Use Permit to amend the Planned Development zoning (Ordinance No. 11-06) and Site Development Review, and approval of a Lot Line Adjustment to modify the boundaries of lot 70 to incorporate the subject 0.35 acres. The proposed development applications are collectively known as the “Project”; and WHEREAS, the Project site is located within the Schaefer Ranch Development in the Western Extended Planning Area near the intersection of Dublin Boulevard and Schaefer Ranch Road; and WHEREAS, the proposal to amend the Planned Development Zoning Stage 2 Development Plan includes changing the zoning of the subject 0.35 acre area from PD -Open Space to PD-Single-Family Residential, and corresponding changes to the Overall Site Plan (Sheet S.2), Neighborhood B Site Plan (Sheet SB.11), Fencing Master Plan (Sheet LB.2) and Cul-de-sac Enlargement (Sheet LB.4) as shown in Exhibit A; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. The impacts of the Schaefer Ranch project were analyzed in an Environmental Impact R eport that was certified by the City in 1996 (Schaefer Ranch Project/General Plan Amendment Environmental Impact Report, State Clearinghouse No. 95033070 (the “Schaefer Ranch EIR” or “1996 EIR”) and in subsequent Addendums in 2008 and 2016; and WHEREAS, in 2016, the City Council approved an Addendum to the 1996 EIR for properties in Unit 3 and a 1.14 acre area at the end of Ridgeline Place (Unit 1), which included the 0.35 acres proposed to be combined with lot 70 .The 2016 Addendum was approved by the City Council on June 7, 2016; and WHEREAS, no further environmental document is needed because the environmental impacts of this project were fully addressed and within the scope of the Final EIR and subsequent Addendums prepared for the Schaefer Ranch project; and ` Page 2 of 4 WHEREAS, on October 24, 2017, the Planning Commission adopted Resolution 17-xx (incorporated herein by reference) recommending that the City Council approve the Conditional Use Permit to amend the Planned Development Zoning for Schaefer Ranch (PD 06-031); and WHEREAS, on ________, 2017 the City Council held a properly noticed public hearing to consider the Project, including the proposed Conditional Use Permit, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report dated ________, 2017 and incorporated herein by reference described and analyzed the project for the City Council and recommended approval of the Conditional Use Permit for the Project; and WHEREAS, the City Council did hear and use their independent judgment a nd considered all said reports, recommendations, and testimony hereinabove set forth prior to taking any action on the project. WHEREAS, on __________, 2017, following a public hearing the City Council adopted Resolution xx-17 approving a General Plan Amendment to change the land use designation of approximately 0.35 acres located on Parcel U and I of Tract 6755 adjacent to lot 70 from Open Space to Single-Family Residential; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this resolution. BE IT FURTHER RESOLVED THAT the City Council does hereby find, regarding the Conditional Use Permit for minor amendment to the Planned Development Stage 2 Development Plan that: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that 1) the proposed project would increase the area of lot 70 from 6,792 square feet to approximately 22,195 square feet, which is within the Single-Family Residential land use designation; and 2) the proposed project is allowed under the permitted use for the site as PD Single -Family residential as outlined in Ordinance No. 11-06. B. It will not adversely affect the health or safety of persons residing or wor king in the vicinity, or be detrimental to the public health, safety and welfare in that 1) the proposed development will meet all of the standards within the PD-Single-Family Residential zoning district; 2) lot 70 is planned to continue to only have one single- family home; and 3) access will continue to be maintained to the parcels by the Schaefer Ranch Geologic Hazard Abatement District. C. The proposed amendment will not be injurious to property or improvements in the neighborhood in that: 1) the proposed development will meet all of the standards within the PD-Single-Family Residential Zoning District; and 2) the project includes a roadway to provide access to the adjacent Schaefer Ranch Geologic Hazard Abatement District parcel. D. The proposed amendment will allow adequate provisions for public access, water, sanitation, and public utilities to ensure that the proposed use and related structure(s) ` Page 3 of 4 will not be detrimental to the public health, safety, and welfare in that: 1) all infrastructure needed to serve the project site has already been constructed; and 2) access will continue to be maintained to the parcels by the Schaefer Ranch Geologic Hazard Abatement District. E. The subject site is physically suitable for the type, density and intensity of the u se and related structures being proposed in that: 1) the proposed modifications to the Planned Development Zoning District do not change the residential use, physical character, or intensity of development approved by PA 06-031; and 2) lot 70 will continue to have one single-family residence that is consistent with the surrounding neighborhood. F. The proposed amendment will not be contrary to the specific intent clauses, development regulations, or performance standards established for PA 06-031 and Related Planned Development Plan in that: 1) the project will meet the intent and be subject to the development regulations and the performance standards adopted with the Stage 2 Planned Development zoning ordinance (Ordinance 11-06). G. The proposed amendment is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the proposed project would increase the area of lot 70 from 6,792 square feet to approximately 22,195 square feet, which is consistent with the Single-Family Residential land use designation. H. In accordance with Chapter 8.32.080, a finding is hereby made that the requested amendment substantially complies with and does not materially change the provisions or intent of the adopted Planned Development Zoning District Ordinance for the site. BE IT FURTHER RESOLVED, that the Dublin City Council does hereby approve the Conditional Use Permit for a minor amendment to the Planned Development Zoning District (Ordinance 11-06) Stage 2 Development Plan for Schaefer Ranch to change the zoning of the subject 0.35 acre area from PD-Open Space to PD-Single Family Residential, and corresponding changes to the Overall Site Plan (Sheet S.2), Neighborhood B Site Plan (Sheet SB.11), Fencing Master Plan (Sheet LB.2) and Cul-de-sac Enlargement (Sheet LB.4) as shown in Exhibit A of this Resolution. PASSED, APPROVED, AND ADOPTED this _____day of _________ 2017 by the following votes: AYES: NOES: ABSENT: ABSTAIN: ` Page 4 of 4 ________________________________________ Mayor ATTEST: _______________________________________ City Clerk G:\PA\2017\PLPA-2017-00024 Schaefer Ranch Lot 70 GPA, PD Amendment, SDR & LLA\PC Hearing.10.24.17\Exhibit A to Att 2 CCReso CUP.doc 1 of 3 RESOLUTION NO. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 WHEREAS, the Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area; and WHEREAS, the requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review; and WHEREAS, the proposed development and requested approvals are collectively known as the “Project”; and WHEREAS, the Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres in size (APN 985-00072-002-00); and WHEREAS, the site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses ; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) (“Eastern Dublin EIR”); and WHEREAS, since the Eastern Dublin EIR has been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or substantially more severe environmental impacts from those already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review; and ATTACHMENT 1 2 of 3 WHEREAS, upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed the Easter Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts that those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared to analyze those effects ; and WHEREAS, the Initial Study/Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016; and WHEREAS, following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200 -feet east of the project site which was not known to be present at the time MND was prepared; and WHEREAS, after receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016; and WHEREAS, the City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017; and WHEREAS, a Staff Report, dated June 27, 2017 and incorporated herein by reference, described and analyzed the Project including the MND for the Planning Commission; and WHEREAS, on June 13, 2017 and June 27, 2017 the Planning Commission held properly noticed public hearings on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, on June 27, 2017, the Planning Commission adopted Resolution 17- XX recommending that the City Council approve the MND for the Project, which Resolution is incorporated herein by reference and is available for review at Dublin City Hall during normal business hours; and WHEREAS, the Planning Commission reviewed and considered the Initial Study/Mitigated Negative Declaration and all reports, recommendations and testimony prior to making its recommendations on the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. 3 of 3 BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt an Ordinance approving a Planned Development Rezone with Stage 1 and Stage 2 Development Plans which draft Ordinance (attached as Exhibit A and incorporated herein by reference). The Planning Commission recommendation is based on the Staff Report analysis and recommendation and on the findings set forth in the attached draft Ordinance. PASSED, APPROVED AND ADOPTED this 27th day of June 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 1 of 10 ORDINANCE NO. xx – 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * APPROVING A PLANNED DEVELOPMENT REZONE WITH RELATED STAGE 1 AND STAGE 2 DEVELOPMENT PLANS FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 The City Council of the City of Dublin does ordain as follows: SECTION 1: RECITALS A. The Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area. The requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review. The proposed development and requested approvals are collectively known as the “Project”. B. The Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres in size (APN 985-00072-002-00). The site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses. C. California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. D. Development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) (“Eastern Dublin EIR”). E. Since the Eastern Dublin EIR had been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or substantially more severe environmental impacts already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review. F. Upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed in the Eastern Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts EXHIBIT A TO ATTACHMENT 1 2 of 10 than those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared to analyze those effects. G. The Initial Study/ Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016. H. Following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200-feet east of the project site which was not known to be present at the time the MND was prepared. After receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016. The City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017. I. Following public hearings on June 13, 2017 and June 27, 2017 the Planning Commission adopted Resolution 17-XX recommending City Council approval of the MND for the Project, Resolution 17-XX recommending City Council approval of the Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Resolution 17-XX recommending City Council approval of the Vesting Tentative Map and Site Development Review, which Resolutions are incorporated herein by reference and are available for review at Dublin City Hall during normal business hours. J. A Staff Report dated ______, 2017 and incorporated herein by reference, described and analyzed the Project, including the Planned Development Rezone and related Stage 1 and Stage 2 Development Plans for the City Council. K. On ______, 2017, the City Council held a properly noticed public hearing on the Project including the proposed Planned Development Rezoning and related Stage 1 and Stage 2 Development Plans, at which time all interested parties had the opportunity to be heard. L. On ______, 2017, the City Council adopted Resolution XX-17 approving the MND for the Project, which Resolution is incorporated herein by reference and available for review at Dublin City Hall during normal business hours. M. On ______, 2017, the City Council adopted Resolution XX-17 approving the Vesting Tentative Map and Site Development Review, which Resolution is incorporated herein by reference and available for review at Dublin City Hall during normal business hours, and said approval is contingent upon City Council adoption of this Ordinance. 3 of 10 N. The City Council considered the CEQA MND and all above-referenced reports, recommendations and testimony and adopted the MND prior to taking action on the Project. SECTION 2: FINDINGS A. Pursuant to Section 8.120.050 A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The proposed Planned Development Rezone with Stage 1 and Stage 2 Development Plans will be harmonious and compatible with existing and potential development in the surrounding area in that the Project implements the Medium Density Residential land use designation planned for in the General Plan and Eastern Dublin Specific Plan and accomplishes redevelopment of the existing rural homesite as set forth in the Planned Development Prezone (Ordinance 24-00). The proposed Rezone is compatible with other Medium Density Residential land uses along Tassajara Road and will complete a segment of the Tassajara Road widening as well as other frontage improvements consistent with development to the north and south of the Project site. 2. The Project site is physically suitable for the type and intensity of the zoning district being proposed in that the General Plan and the Eastern Dublin Specific Plan have planned for Medium Density Residential (6.1-14.0 dwelling units per acre) on the project site since adoption of the Specific Plan. The Project proposes a development that would be 7.2 dwelling units per acre which is consistent with the character and density of other residential land uses along Tassajara Road. The project site conditions are documented in the Initial Study/Supplemental Mitigated Negative Declaration and no site conditions were identified that would present an impediment to development of the Project for the intended purposes. There are no major physical or topographic constraints as the site is generally flat and has been developed as a rural homesite with various landscape contracting businesses for many years. 3. The proposed Planned Development Rezone with Stage 1 and Stage 2 Development Plans 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 welfare in that the Project is consistent with other Medium Density Residential uses along Tassajara Road; the Project will adhere to all required mitigation measures set forth in the Initial Study/Supplemental Mitigated Negative Declaration; and, the Project will comply with all development regulations and standards set forth in the Stage 1 and Stage 2 Development Plans and all conditions of approval imposed on the Vesting Tentative Map and Site Development Review. 4 of 10 4. The proposed Planned Development Rezone with Stage 1 and Stage 2 Development Plans is consistent with the Dublin General Plan and the Eastern Dublin Specific Plan in that the Project proposes the development of 19 single- family detached homes at a density of 7.2 dwelling units per acre which is consistent with the Medium Density Residential (6.1-14.0 dwelling units per acre) land use designation for the site. The project includes an exception to the 100-foot biological setback set forth in the Eastern Dublin Comprehensive Stream Restoration Program and the 20-foot watercourse setback set forth in DMC Chapter 7.20. These exceptions are based on the fact that the adjacent creek tributary has been completely restored including bank stabilization and revegetation; the adjacent tributary accommodates 100-year flood flows; an existing wildlife barrier and the proposed block wall that will also serve as a secondary wildlife barrier will effectively preclude migration of special status species onto the project site; all development will occur on-site within the existing disturbed footprint of the property; and, all on-site stormwater runoff will be contained and treated on-site before entering the City’s storm drain network. B. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council finds as follows: 1. The proposed Planned Development Zoning District meets the purpose and intent of Chapter 8.32 in that, it creates development standards tailored to the Project site and consistent with the Medium Density Residential land use designation; it provides maximum flexibility and diversification in the development of the property taking into consideration the irregular shape of the parcel and the environmental sensitives of surrounding open space areas such as the adjacent tributary; it maintains consistency with, and implements the provisions of, the General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential; it protects the integrity and character of surrounding uses in that it is consistent with other medium density residential projects along Tassajara Road and the site layout takes into consideration the environmental sensitives of surrounding open space areas such as the adjacent tributary but locating structures as far as practical from the wildlife corridor; it encourages the efficient use of the project site by utilizing a small lot single family concept with minimal private landscaping while providing passive use common areas adjacent to the open space corridors to the east and south; it provides for effective development of public facilities and services to the site; includes design features that result in a development that is compatible with surrounding uses; and, allows for creative and imaginative design that promotes amenities beyond those expected in conventional developments. 2. Development under the Stage 1 and Stage 2 Development Plans would be harmonious and compatible with existing and future development in the surrounding area in that the Project implements the Medium Density Residential land use designation planned for in the General Plan and Eastern Dublin 5 of 10 Specific Plan and accomplishes redevelopment of the existing rural homesite as set forth in the Planned Development Prezone (Ordinance 24-00). The proposed Rezone is compatible with other Medium Density Residential land uses along Tassajara Road and will complete a segment of the Tassajara Road widening as well as other frontage improvements consistent with properties to the north and south of the Project site. C. Pursuant to the California Environmental Quality Act, the City Council adopted a Supplemental Mitigated Negative Declaration for the Project including the Planned Development Rezone with related Stage 1 and Stage 2 Development Plans by Resolution XX-17 on ______, 2017 which Resolution is herein incorporated by reference. SECTION 3: ZONING MAP AMENDMENT Pursuant to Chapter 8.32 of the Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the Wanmei Properties, Inc. property at 6237 Tassajara Road (APN 985-0072-002-00) from Planned Development (Ord. 24-00) to Planned Development (Ord. XX-17). A map of the rezoning area is shown below: SECTION 4: APPROVAL OF A STAGE 1 AND STAGE 2 DEVELOPMENT PLAN The regulations for the use, development, improvement and maintenance of the Property are set forth in the following Stage 1 and Stage 2 Development Plan for the Project area which is hereby approved. This approval supersedes the Planned Development Prezone previously approved in Ordinance 24-00. Any amendments to the Stage 1 and/or Stage 2 Development Plan shall be in accordance with Section 8.32.080 of the Dublin Municipal Code or its successors. PROJECT SITE 6 of 10 The following Stage 1 and Stage 2 Development Plans meet all the requirements for Stage 1 and Stage 2 Development Plans as set forth in Chapter 8.32 of the Dublin Zoning Ordinance. Stage 1 Development Plan 1. Statement of Proposed Uses. PD-Residential. The following uses are permitted in the PD-Residential: a. Single Family Dwelling b. Home Occupations, in accordance with Chapter 8.64 of the Dublin Zoning Ordinance c. Cottage Food Operations, in accordance with Chapter 8.65 of the Dublin Zoning Ordinance d. Family Day Care Home-Small, in accordance with the Dublin Zoning Ordinance e. Family Day Care Home-Large, in accordance with Chapter 8.66 of the Dublin Zoning Ordinance f. Second Units, in accordance with Chapter 8.80 of the Dublin Zoning Ordinance g. Other similar and related uses as determined by the Community Development Director PD-Open Space. The following uses are permitted in the PD-Open Space: a. Passive recreation including an open meadow, natural path and a picnic area b. Bioretention c. Other similar and related uses as determined by the Community Development Director 2. Stage 1 Site Plan. Site Boundary 7 of 10 3. Site Area and Proposed Densities. a. Site Area: 2.648 acres b. Proposed Density: 7.2 dwelling units per acre c. Maximum Number of Units: 19 4. Phasing Plan. The project shall be developed in a single phase. 5. Master Neighborhood Landscaping Plan. 6. General Plan and Eastern Dublin Specific Plan Consistency. The project is consistent with the General Plan and Eastern Dublin Specific Plan land use designation of Medium Density Residential which permits residential development within a density range of 6.1-14.0 dwelling units per acre. 7. Inclusionary Zoning Regulations. The project is not subject to the Inclusionary Zoning Regulations (Chapter 8.68) for the provision of affordable housing because the Regulations only apply to new residential development projects of 20 units are more. 8. Aerial Photo. 8 of 10 Stage 2 Development Plan 1. Statement of Compatibility with Stage 1 Development Plan. This Stage 2 Development Plan is consistent with the provisions of the Stage 1 Development Plan. 2. Statement of Proposed Uses. Same as Stage 1 Development Plan 3. Stage 2 Site Plan. Same as Stage 1 Development Plan 4. Site Area and Proposed Densities. Same as Stage 1 Development Plan 5. Development Regulations.(A) Lot Guidelines Min. Lot Width 40' Min. Lot Depth 50' Max. Stories 2 Stories Max. Building Height 30' Max. Lot Coverage 55% Min. Usable Rear Yard(B) 250 SF Flat Area with a Minimum Clear Depth of 10' Setbacks(C) Principal Building Min. Front Yard(D)(E) 10' (to Living Area or Garage) Min. Rear Yard(F) 5' Minimum with a 10' Average Min. Side Yard(G) 4' Min. Driveway Depth 18' (if used towards guest parking) Accessory Structures(H) Parking Parking 2 spaces per dwelling, enclosed in a garage (I) Guest Parking 2 spaces per dwelling, uncovered (J) Footnotes: (A) Unless otherwise noted, all terms shall be defined by Title 8 of the Dublin Municipal Code. (B) The optional California Room is permitted to encroach into the flat useable rear yard area. (C) Setbacks are measured from the property line. (D) Front Yard Encroachments: Items typical of a residential nature such as entry stairs, railings, and Entry Features (pursuant to Dublin Municipal Code Chapter 8.40) may encroach into the Front Yard setback a maximum of 3-feet. Roof overhangs, cornices, eaves, canopies may encroach a maximum of 2½ feet. Air conditioning units are prohibited in the front yard. All utilities are to be screened from public view to the maximum extent possible via walls, plantings, enclosures, roof placements, etc. (E) Minimum Front Yard Setback for Lot 8 is 5'. (F) Rear Yard Encroachments: 1. Roof overhangs, cornices, eaves and canopies may extend into the required setback a maximum of 2½ feet provided that no such feature shall be permitted within 3-feet of the Rear Lot Line. 9 of 10 2. Accessory Structures may encroach into rear yard setbacks in accordance with Footnote H below. (G) Side Yard Encroachments: 1. Roof overhangs, cornices, eaves and canopies may extend into the required setback a maximum of 2½ feet provided that no such feature shall be permitted within 3-feet of the Side Lot Line. 2. Accessory Structures may encroach into side yard setbacks in accordance with Footnote H below. 3. Air Conditioning units are prohibited in the Side Yard. An exception may be granted by the Community Development Director for side yards that are not adjacent to another single family lot and a minimum 3-foot wide path of travel can be provided around the air conditioning unit. (H) Accessory Structures shall be governed by Dublin Municipal Code Chapter 8.40 EXCEPT as follows: 1. Detached Accessory Structures in the side and/or rear yards shall be subject to the following: a. Minimum 3-foot side yard setback. b. No required rear yard setback. c. Maximum 10-feet in height. d. Maximum area of 120 square feet. e. Exempt from Lot Coverage regulations. f. May be located within the required flat, useable rear yard space. 2. Attached Accessory Structures shall be considered part of the principal structure and shall be subject to Principal Building setbacks and Lot Coverage requirements. (I) A minimum unobstructed inside dimension of 20-feet by 20-feet shall be maintained for a private two-car garage. Conversion of garages to living space is not permitted. (J) Residential driveways with a minimum depth of 18-feet and a minimum width of 16-feet may be counted towards the number of required uncovered guest parking spaces. On-street guest parking spaces shall maintain a minimum dimension of 9-feet wide by 20-feet deep. The depth of the space may be reduced in accordance with the Dublin Zoning Ordinance. 6. Architectural Standards. The architectural character of the project draws inspiration from a variety of sources such as rural vernacular, bay area modern and prairie estate houses and is conceptually as follows: 7. Preliminary Landscape Plan. Same as Stage 1 Development Plan 8. Other Zoning Regulations. Except as specifically modified by the Stage 1 and Stage 2 Development Plans, all development within this Planned Development Zoning District shall be subject to the regulations of the R-1 (Single Family Residential) Zoning District and any other applicable provision of Title 8 of the Dublin Municipal Code. 10 of 10 SECTION 5: POSTING OF ORDINANCE The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of the State of California. SECTION 6: EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days following its adoption. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this ________, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST: ___________________________________ City Clerk 1 of 3 RESOLUTION NO. 17-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF A VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 WHEREAS, the Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area; and WHEREAS, the requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review; and WHEREAS, the proposed development and requested approvals are collectively known as the “Project”; and WHEREAS, the Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres in size (APN 985-00072-002-00); and WHEREAS, the site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) (“Eastern Dublin EIR”); and WHEREAS, since the Eastern Dublin EIR had been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or substantially more severe environmental impacts already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review; and WHEREAS, upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed in the Eastern Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided ATTACHMENT 2 2 of 3 or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts than those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared to analyze those effects; and WHEREAS, the Initial Study/ Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016; and WHEREAS, following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200 -feet east of the project site which was not known to be present at the time the MND Declaration was prepared; and WHEREAS, after receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016; and WHEREAS, the City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environmental Comments dated June 2017; and WHEREAS, a Staff Report, dated June 27, 2017 and incorporated herein by reference, described and analyzed the Project including the MND for the Planning Commission; and WHEREAS, on June 13, 2017 and June 27, 2017 the Planning Commission held properly noticed public hearings on the Project at which time all interested parties had the opportunity to be heard; and WHEREAS, on June 27, 2017, the Planning Commission adopted Resolution 17- XX recommending that the City Council approve the MND for the Project, which Resolution is incorporated herein by reference and is available for review at Dublin City Hall during normal business hours; and WHEREAS, on June 27, 2017, the Planning Commission adopted Resolution 17- XX recommending that the City Council approve the Planned Development Rezone with Stage 1 and Stage 2 Development Plans for the Project, which Resolution is incorporated herein by reference and is available for review at Dublin City Hall during normal business hours; and WHEREAS, the Planning Commission reviewed and considered the MND and all reports, recommendations and testimony prior to making its recommendations on the Project. 3 of 3 NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt a Resolution approving a Vesting Tentative Map and Site Development Review which draft Resolution is attached as Exhibit A and incorporated herein by reference. The Planning Commission recommendation is based on the Staff Report analysis and recommendation and on the findings set forth in the attached draft Resolution. PASSED, APPROVED AND ADOPTED this 27th day of June 2017 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 1 of 45 RESOLUTION NO. XX - 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A VESTING TENTATIVE MAP AND SITE DEVELOPMENT REVIEW FOR THE WANMEI PROPERTIES, INC. PROJECT LOCATED AT 6237 TASSAJARA ROAD (APN 985-0072-002-00) PLPA-2015-00023 WHEREAS, the Applicant, Wanmei Properties, Inc. proposes to develop 19 single-family detached homes on 2.648 acres of land at 6237 Tassajara Road within the Eastern Dublin Specific Plan area; and WHEREAS, the requested approvals include a Planned Development Rezone with Stage 1 and Stage 2 Development Plans, Vesting Tentative Map and Site Development Review; and WHEREAS, the proposed development and requested approvals are collectively known as the “Project”; and WHEREAS, the Project site consists of a single parcel located at 6237 Tassajara Road that is 2.648 acres in size (APN 985-00072-002-00); and WHEREAS, the site is developed with a single family dwelling and the property has been historically utilized by various landscape contracting businesses; and WHEREAS, the California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations, require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, development of the Project site was addressed in the Eastern Dublin General Plan Amendment and Specific Plan Environmental Impact Report (SCH No. 91103064) which was certified by the Dublin City Council on May 10, 1993 (Resolution 51-93) (“Eastern Dublin EIR”); and WHEREAS, since the Eastern Dublin EIR had been certified for the Project, the City prepared a modified Initial Study dated March 2016 to determine whether supplemental environmental review was required due to new or sub stantially more severe environmental impacts already addressed in the Eastern Dublin EIR or other CEQA standards for supplemental review; and WHEREAS, upon completion of the modified Initial Study it was determined that most of the significant effects of the Project: 1) have been adequately analyzed in the Eastern Dublin EIR pursuant to applicable legal standards; and, 2) have been avoided EXHIBIT A TO ATTACHMENT 2 2 of 45 or mitigated pursuant to the Eastern Dublin EIR including mitigation measures in that EIR. For those impacts that presented new or substantially more severe impacts than those contained in the Eastern Dublin EIR or met other standards for supplemental review under CEQA, a supplemental Mitigated Negative Declaration was prepared to analyze those effects; and WHEREAS, the Initial Study/Supplemental Mitigated Negative Declaration (MND) was circulated for public review from March 17, 2016 to April 18, 2016; and WHEREAS, following release of the MND for public review the City discovered new information pertaining to a golden eagle nest located approximately 200-feet east of the project site which was not known to be present at the time the Initial Study/Mitigated Negative Declaration was prepared; and WHEREAS, after receiving public comment the City prepared a revised MND and recirculated the document for public review from October 22, 2016 to November 22, 2016; and WHEREAS, the City of Dublin received a number of comment letters during both public review periods that have been incorporated into the Response to Environm ental Comments dated June 2017; and WHEREAS, a Staff Report, dated June 27, 2017 and incorporated herein by reference, was submitted to the Planning Commission recommending that the City Council adopt a Resolution approving the Vesting Tentative Map and Site Development Review; and WHEREAS, on June 13, 2017 and June 27, 2017 the Planning Commission held properly noticed public hearings on the Project, including the MND, at which time all interested parties had the opportunity to be heard and adopted Re solution 17-XX, incorporated herein by reference, recommending that the City Council adopt the Vesting Tentative Map and Site Development Review; and WHEREAS, on _____, 2017, the City Council held a properly noticed public hearing on the Project, including the MND, at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report, dated _____, 2017 and incorporated herein by reference, was submitted to the City Council recommending approval of the Vesting Tentative Map and Site Development Review; and WHEREAS, the City Council did review and consider the MND (including comments received and responses to comments), all said reports, recommendations and testimony and used its independent judgement prior to taking action on the Project; and 3 of 45 WHEREAS, the Vesting Tentative Map and Site Development Review, and all of the documents incorporated herein by reference, are available for review in the Community Development Department at Dublin City Hall during normal business hours . The location and custodian of the Vesting Tentative Map and Site Development Review and other documents that constitute the record of proceedings for the Project is the City of Dublin Community Development Department, 100 Civic Plaza, Dublin, CA 94568, f ile reference PLPA-2015-00023. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and are made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby make the following findings and determinations regarding the Vesting Tentative Map: A. The proposed Vesting Tentative Tract Map 8299 subdivision map together with the provisions for its design and improvement is consistent with the General Plan and any applicable specific plan in that: 1) the proposed Map creates 19 lots for the development of one single family dwelling per lot and is consistent with the density range permitted under the General Plan and Eastern Dublin Specific Plan for medium density residential land uses; 2) the proposed Map includes provisions for infrastructure and services that will support the development; and, 3) the proposed Map includes frontage improvements that will complete the widening of Tassajara Road consistent with properties to the north and south of the Project site. B. The subdivision site is physically suitable for the type and proposed density of development in that: 1) the site is generally flat and the proposed Project will be developed within the existing disturbed footprint of the site; and, 2) the si te design has been integrated with the layout and topography of the property including the placement of future residential dwellings as far as practical from the adjacent creek tributary. C. The tentative tract map is consistent with the intent of applicable subdivision design, or improvements of the tentative tract map are consistent with the city’s general plan any applicable specific plan in that : 1) the proposed Map creates 19 lots for the development of one single family dwelling per lot and is consisten t with the density range permitted under the General Plan and Eastern Dublin Specific Plan for medium density residential land uses; 2) the proposed Map includes provisions for infrastructure and services that will support the development; and, 3) the proposed Map includes frontage improvements that will complete the widening of Tassajara Road consistent with properties to the north and south of the Project site. D. The subdivision design and proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat in that: 1) an Initial Study/Supplemental Mitigated Negative Declaration 4 of 45 has been prepared for the Project and all Mitigation Measures of the Eastern Dublin General Plan Amendment and Specific Plan EIR as well as Mitigation Measures contained in the Project level Initial Study/Supplemental Mitigated Negative Declaration will be implemented in conjunction with the Project ; and, 2) development of the Project site will occur within the existing disturbed footprint of the property. E. The design of the subdivision or type of improvements will not cause serious public health concerns in that: 1) the proposed Map subdivides an existing parcel for the development of 19 single family lots with one dwelling per lot consistent with the Medium Density Residential land use designation set forth in the General Plan and Eastern Dublin Specific Plan; and, 2) the design and improvements will be constructed in accordance with all local regulations and ordinances. F. The design of the subdivision or type of improvements will n ot conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision; or alternate easements are provided pursuant to Government Code Section 66474(g) in that: 1) the Project site does not contain an existing easements that would either grant the public access through, or use of, the property. G. The design or improvements of the tentative map are consistent with the city’s general plan and any applicable specific plan in that: 1) the proposed Map creates 19 lots for the development of one single family dwelling per lot and is consistent with the density range permitted under the General Plan and Eastern Dublin Specific Plan for medium density residential land uses; 2) the proposed Map includes provisions for infrastructure and services that will support the development; and, 3) the proposed Map includes frontage improvements that will complete the widening of Tassajara Road cons istent with properties to the north and south of the Project site. H. The subdivision is designed to provide for future passive or natural heating or cooling opportunities in that: 1) the proposed Map provides for the creation of 19 single family lots that are arranged in an east-west configuration which provides the majority of the homes with southern exposure. I. The tentative tract map, including design and improvement, shall comply with all the applicable provisions and requirements of the zoning ordinance, the latest municipal stormwater permit issued to the city by the Regional Water Quality Control Board, this title, any other ordinance of the city and the Subdivision M ap Act. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby make the following findings and determinations regarding the Site Development Review: 5 of 45 A. The proposal is consistent with the purposes of DMC Chapter 8.104, with the General Plan and with any applicable Specific Plans and design guidelines in that: 1) the Project is well designed and compatible with surrounding properties; 2) the Project is consistent with the regulations and standards of a medium density residential development; 3) the Project has been designed in accordance with the General Plan and Eastern Dublin Specific Plan; and, 4) the Project will provide adequate circulation for automobiles, pedestrians and bicyclists. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance in that: 1) the Project contributes to orderly, attractive, and harmonious site and structural development compatible with the intended use, proposed subdivision and the surrounding properties; 2) the Project provides a quality architectural and landscape design to complement existing and planned uses in the area; and, 3) the Project complies with the development regulations set forth in the Zoning Ordinance, where applicable, and with the related Planned Development Zoning District including the Stage 1 and Stage 2 Development Plans for the Project site. C. The design of the project is appropriate to the City, the vicinity, surrounding properties and the lot in which the project is proposed in that: 1) the size and mass of the proposed residential dwellings are consistent with other medium density residential developments in the vicinity; and, 2) the Project will contribute to housing opportunities as anticipated in the General Plan Housing Element and Eastern Dublin Specific Plan. D. The subject site is physically suitable for the type and intensity of the approved development in that: 1) the Project site is 2.648 acres in size, is generally flat and is proposed to be developed with 19 single family dwellings; 2) the Project provides medium density residential development in an area planned for residential uses; 3) the Project is consistent with the related Planned Development Zoning District for the Project site; and, 4) the Project site will be fully served by a network of infrastructure including roadways, services and facilities. E. Impacts to existing slopes and topographic features are addressed in that: 1) the Project site is completely disturbed, generally flat and does not contain any major topographic features; and, 2) slight grade differentials between the Project site and Quarry Lane School to the north will be addr essed, if necessary, with low retaining walls. F. Architectural considerations including the character, scale and quality of the design, site layout, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other development in the vicinity in that: 1) the Project provides a quality architectural and landscape design to complement existing and planned uses in the area; 2) the proposed single family dwellings reflect the architectural 6 of 45 styles and development standards for similar residential neighborhoods in the vicinity; and, 3) the colors and materials proposed compliment the archite ctural styles and are compatible with similar developments in the vicinity. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public in that: 1) the Project site will be attractively landscaped with a variety of trees, shrubs and ground covers; 2) open space areas for passive use will be landscaped to provide an attractive environment for residents to observe the adjacent creek tributary; 3) the Project will comply with sustainable landscape practices and the City’s Water Efficient Landscape Ordinance; and, 4) the Project frontage will be fully improved and landscaped to provide an attractive environment from Tassajara Road. H. The site has been adequately designed to ensure proper circulation for bicyclists, pedestrians and automobiles in that: 1) all infrastructure including, streets, sidewalks and street lighting will be constructed in accordance with the General Plan, Eastern Dublin Specific Plan and all applicable local ordinances and regulations; and, 2) development of the Project will conform to the improvement standards allowing residents safe and efficient use of these facilities. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby approve the Vesting Tentative Map and Site Development Review for the Wanmei Properties, Inc. project at 6237 Tassajara Road, subject to the following conditions of approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with as indicated in the table below (see column When Required, Prior to) and shall be subject to Planning Division review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PW] Public Works; [ADM] Administration/City Attorney; [F] Dublin Fire Prevention; and, [DSR] Dublin Sa n Ramon Services District. NO. CONDITIONS OF APPROVAL Responsibl e Dept./ Agency When Required/ Prior to: Source GENERAL 1. Approval. This Vesting Tentative Map and Site Development Review approval is for the construction of 19 single family detached homes at 6237 Tassajara Road (PLPA-2015-00023). This approval shall be as generally depicted and indicated on the plans prepared by Dahlin PL Planning 7 of 45 Group, Reed Associates and Greenwood & Moore, Inc. dated December 16, 2015 and date stamp received June 1, 2017 (Exhibit A), the color and material board date stamp received June 1, 2017 (Exhibit B) and other plans, text and diagrams related to this approval, stamped approved and on file in the Community Development Department, except as modified by the following Conditions of Approval. This Vesting Tentative Map and Site Development Review approval is contingent upon adoption of the related Mitigated Negative Declaration and Planned Development Zoning for the project. 2. Effective Date. This Vesting Tentative Map and Site Development Review approval becomes effective concurrently with the effective date of the related Ordinance adopting the Planned Development Zoning for the project. PL 3. Permit Expiration. Site Development Review: Construction or use shall commence within one (1) year of the effective date of the approval or the approval shall lapse and become null and void. Vesting Tentative Map: The Vesting Tentative Maps shall have that life determined by the Subdivision Map Act, including but not limited to Section 66452.6 PL 1 year from approval DMC 8.96.020. D 4. Time Extension. The original approving decision-maker may grant a time extension of approval for a period not to exceed six (6) months pursuant to DMC 8.96.020.E. PL 1 year from approval DMC 8.96.020. E 5. Modifications. The Community Development Director may consider modifications or changes to this approval pursuant to DMC 8.104. PL On-going DMC 8.104 6. Revocation. This approval shall be revocable for cause in accordance with Section 8.96.020.I of the Dublin Zoning Ordinance. PL On-going DMC 8.96.020.I 7. Requirements and Standard Conditions. The Applicant/ Developer shall comply with all applicable requirements and standard conditions of the following: City of Dublin Various Issuance of building permits or installation Various 8 of 45 Building Division, Dublin Fire Prevention Bureau, Dublin Public Works Department, Dublin Police Services, Dublin San Ramon Services District, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, and the California Department of Health Services. Prior to issuance of building permits or the installation of any improvements related to this project, the Applicant/Developer shall supply written statements from each applicable department or agency to the Planning Division, indicating that all conditions required have been or will be met. of improvemen ts 8. Fees. Applicant/Developer shall pay all applicable fees in effect, including, but not limited to, Planning fees; Building fees; Traffic Impact Fees; TVTC fees; Dublin San Ramon Services District fees; Public Facilities fees; Dublin Unified School District School Impact fees (per agreement between Developer and School District); Fire Facilities 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/or, any other fee that may be adopted and applicable. Various Issuance of building permits Various 9. Indemnification. The 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, Community Development Director, Zoning Administrator or any other department, committee, or agency of the City to the exten t such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that the Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying the Developer of any said ADM On-going Admin/Ci ty Attorney 9 of 45 claim, action, or proceeding and the City's full cooperation in the defense of such actions or proceedings. 10. Clarifications to the Conditions of Approval. In the event there needs to be clarification to these Conditions of Approval, the Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Applicant without going to a public hearing. The Community Development Director also has the authority to make minor modifications to these Conditions of Approval without going to a public hearing in order for the Applicant to fulfill needed improvements or mitigations resulting from impacts to this project. PL On-going Planning 11. Controlling Activities. The Applicant/Developer shall control all activities on the project site so as not to create a nuisance to existing/surrounding businesses and/or residences. PL Through construction and on-going Planning 12. Clean-up. The Applicant/Developer shall be responsible for clean-up and disposal of project related trash to maintain a safe, clean, and litter-free project site. PL Through construction Planning 13. Property Maintenance. The Applicant/Developer and property owner shall be responsible for maintaining the project site in a clean and litter free condition during construction and through completion. In accordance with the City of Dublin Residential Property Maintenance Ordinance the Applicant/Property Owner shall maintain the site and all structures thereon in good condition at all times and shall keep the site clear of weeds, trash, junk, and debris and graffiti vandalism on a regular and continuous basis. PL On-going DMC 5.64.040 14. Noise/Nuisances. The Applicant/Developer shall control all activities on the project site so as not to create unusual or unnecessary noise which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present PL On-going DMC 5.28 10 of 45 in the area. 15. Accessory/Temporary Structures and Uses. A Temporary Use Permit is required for all construction trailers, construction equipment storage yards, security trailers and storage containers used during construction. PL Placement on-site DMC 8.108 16. Equipment Screening. All electrical and/or mechanical equipment shall be screened from public view. Any roof-mounted equipment shall be completely screened from view by materials architecturally compatible with the building and to the satisfaction of the Community Development Director. The Building Permit plans shall show the location of all equipment and screening for review and approval by the Community Development Director. PL Issuance of building permits Planning 17. Air Conditioning Units. Air conditioning units on interior lots shall be placed at the rear of the home (outside of the side yard) and a minimum of 3-feet of clear access shall be maintained around the unit. The Community Development Director may allow less than 3-feet clear if no other feasible location can be provided and both side yards are equipped with gates for access to the rear of the home. Lots 1, 16 and 17 may place the air conditioning unit in the side yard that is not adjacent to another home. Final placement of all air conditioning units shall be subject to review and approval by the Community Development Director. PL Issuance of building permits Planning 18. Mitigation Monitoring and Reporting Program. The Applicant/ Developer shall comply with the Mitigation Monitoring and Reporting Program adopted by City Council Resolution XX-17 as part of the Initial Study / Supplemental Mitigated Negative Declaration. PL On-going Planning SITE DEVELOPMENT REVIEW 19. Mitigation Monitoring Program. The Developer shall comply with the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program and any subsequent or prior environmental documents pertaining to this project including all mitigation measures, action PL Permit Issuance and On-going Planning 11 of 45 programs, and implementation measures on file with the Community Development Department. 20. Tentative Map Conditions of Approval. All applicable Tentative Map Conditions of Approval shall apply to this Site Development Review. PL Permit Issuance and On-going Planning 21. Glare/Reflective Finishes. The use of reflective finishes on building exteriors is prohibited. In order to control the effects of glare, reflective glass is prohibited on all east-facing windows. PL Permit Issuance and On-going Planning 22. Light and Glare. Lighting is required over exterior entrances/doors. Exterior lighting used after daylight hours shall be adequate to provide for security needs. All exterior building and site lighting fixtures shall be directed downwards and not onto adjacent properties; all light sources shall be shielded from direct off- site viewing. PL Permit Issuance and On-going Planning 23. Satellite Dishes. Prior to the issuance of Building Permits, the Developer's Architect shall prepare a plan for review and approval by the Director of Community Development and the Building Official that provides a consistent and unobtrusive location for the placement of individual satellite dishes on individual units. Individual conduit will be run from the individual residential unit to the location on the building to limit the amount of exposed cable required to activate any satellite dish. It is preferred that where chimneys exist, that the mounting of the dish be incorporated into the chimney. The Covenants Conditions and Restrictions (CC&R's) shall contain language stating that the individual units contain conduit and central locations for satellite dish connections and failure to use those conduits and locations (if the resident has or wants a satellite dish) will constitute a violation of those CC&R's. The penalty for that violation shall be specified. Additionally, prior to the issuance of building permits for any neighborhood, the developer shall prepare a disclosure statement, to be PL Issuance of building permits Planning 12 of 45 reviewed by the Community Development Director, and signed by every first time home purchaser indicating that utilizing this dedicated conduit and central mounting location is a requirement if a satellite dish is installed. 24. Sound Attenuation. Prior to the issuance of building permits for any building where sound attenuation is required, plans shall be submitted for review and approval of the Community Development Director that indicate compliance with recommendations contained in the acoustical report for the exterior noise attenuation as applied by the City of Dublin General Plan Noise Element. Said Plans shall indicate design continuity with the original approval for any barriers required for exterior noise attenuation and should be designed to blend with the approved architecture and to be unobtrusive. PL Issuance of building permits Planning 25. Herpetological Barrier. The secondary herpetological barrier shall have a 4-foot concrete base with 2-feet of decorative steel on top for a total height of 6-feet. The secondary barrier shall be in addition to the existing barrier located along the southern property line. The secondary barrier shall also be extended along the eastern property line to fully preclude special status species from migrating onto the project site. The final design shall be generally consistent with the preliminary design shown on Sheet L3.0 (Landscape Fence and Amenities Details) of the project plans. Modifications to the proposed barrier may be reviewed and approved by the Community Development Director through a Site Development Review Waiver. PL Issuance of building permits and through completion Planning 26. Permanent Signage. This Site Development Review approval includes approval of a neighborhood identification sign on the community wall near the main entrance to the project. The location and final design shall be generally consistent with the preliminary design shown on Sheet A.17 (Soundwall and Details) of the project plans. The Applicant/Developer shall PL On-going DMC 8.84 13 of 45 obtain a Zoning Clearance and, if applicable, building permits, prior to installation of the sign. CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED) 27. Residential Security Requirements. The property owner and/or their designee shall comply with the City of Dublin Residential Security Requirements. PL, B Permit Issuance and On-going DMC 7.34.160 28. Security During Construction. a) Fencing: The perimeter of the construction site shall be fenced and locked at all times when workers are not present. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the Public Works Director. b) Address Sign: A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the perimeter street adjacent to construction activities. c) Emergency Contact: Prior to any phase of construction, Applicant/Developer will file with the Dublin Police Department an Emergency Contact Business Card that will provide 24-hour phone contact numbers of persons responsible for the construction site. d) Materials & Tools: Good security practices shall be followed with respect to storage of building materials and too ls at the construction site. e) Security Lighting & Patrols: Security lighting and patrols shall be employed as necessary. PL, B, PW During construction and through completion Planning 29. Lighting Levels. The Applicant/Developer shall prepare a photometric plan to the satisfaction of the City Engineer, Community Development Director and Dublin Police Services. Exterior lighting shall be provided along the roadway PL Permit Issuance and On-going Planning 14 of 45 and parking areas as well as residential dwellings, and shall be of a design and placement so as not to cause glare on adjoining properties or to vehicular traffic. Lighting used after daylight hours shall be adequate to provide for security needs. The photometric plan shall show light measurements for the entire project site including any light spillover onto adjacent properties. 30. Landscaping. Landscaping shall be kept at a minimal height and fullness giving patrol officers and the general public surveillance capabilities of the area. PL Permit Issuance and On-going Planning 31. Graffiti. The site shall be kept clear of graffiti vandalism on a regular and continuous basis. Graffiti resistant materials shall be used including but not limited to graffiti resistant paints for the structures and graffiti resistant film for windows or glass. PL Permit Issuance and On-going DMC 5.68 PLANNING DIVISION - LANDSCAPING 32. Final Landscape and Irrigation Plans. Final Landscape and Irrigation Plans shall be prepared and stamped by a State licensed landscape architect or registered engineer and shall be submitted for review and approval by the City Engineer (public Right-of-Way landscaping) and the Community Development Director (on-site landscaping). Plans Coordination. The Final Landscape and Irrigation Plans shall be coordinated with the Civil Improvement Plans, Joint Trench Plans, and Street Lighting Plans. All said Plans shall be submitted for review on the same size sheet and plotted at the same drawing scale for consistency, improved legibility and interdisciplinary coordination. Utility Placement and Coordination. Utilities shall be coordinated with proposed tree locations to eliminate conflicts between trees and utilities. Typical utility plans shall be submitted for each house type to serve as a guide during the preparation of final grading, PL, PW Issuance of building permits Planning 15 of 45 planting and utility plans. Utilities may have to be relocated in order to provide the required separation between trees and utilities. The Applicant shall submit a final tree/utility coordination plan as part of the construction document review process to demonstrate that this condition has been satisfied. The final Landscape and Irrigation Plans shall be approved by the Community Development Director and the Public Works Director, or their designees. Plans shall be generally consistent with the preliminary landscape plan prepared by Reed Associates Landscape Architecture, with an issue date of 12-16-15 and consisting of Sheets L1.0, L1.1, L1.2, L2.0, and L3.0, except as modified by the Conditions of Approval contained herein or as required by the Community Development Director. 33. Final Planting and Irrigation Design. The final planting and irrigation design shall: a. Utilize plant material that will be capable of healthy growth within the given range of soil and climate. b. Provide landscape screening that is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. Provide that 75% of the proposed trees on the site are a minimum of 24 inch box in size, and at least 50% of the proposed shrubs on the site are a minimum of 5 gallons in size. d. Provide concrete paving for all walkways providing access to homes and guest parking; provide concrete curbing at the edges of all planters and paving surfaces, where appropriate. e. That all cut and fill slopes conform to the master vesting tentative map and conditions detailed in the Site Development Review approval. f. That all cut-and-fill slopes graded and not constructed by September 1, of any PL Issuance of building permits Planning 16 of 45 given year, are hydroseeded with perennial or native grasses and flowers, and that stockpiles of loose soil existing on that date are hydroseeded in a similar manner. g. Specify that the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree, if applicable. h. Include a warranty from the owners and/or contractors to warrant all trees, shrubs and ground cover and the irrigation system for one year from the date of project acceptance by the City. i. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. j. Staff will work with the Applicant during the Final Landscape and Irrigation Plan review to identify an appropriate location for the six (48” box) oak trees. 34. Tree Preservation.  The location, details and requirements for Tree Protection Fencing shall be included as part of the civil grading and/or demolition plans.  Tree preservation techniques, and guarantees, shall be reviewed and approved by the Community Development Director prior to the issuance of a demolition and/or grading permit.  Developer shall retain the services of a certified arborist to supervise any necessary pruning of the existing 36” DBH Oak Tree that extends over the south property line. Construction pruning shall be completed before Tree Protection Fencing is installed. PL, PW Issuance of demolition and/or grading permit Planning 17 of 45  Tree Protection Fencing shall be installed before demolition and grading work. Tree Protection Fencing shall be maintained in place until acceptance of the project. 35. Water Efficient Landscaping Regulations. Final landscape and irrigation plans shall comply with the Water-Efficient Landscaping Regulations. PL Issuance of building permits DMC 8.88 36. Bio-Retention Areas. The design of bio- retention areas shall be enhanced to create an open space landscape feature that is attractive, conserves water, and requires minimal maintenance. PL Issuance of building permits Planning 37. Tree Clearances. The following clearances shall be used as a guideline for the planting of trees. Minor deviations may be approved by the Community Development Director based on specific site conditions. a. 6' from the face of building walls or roof eaves b. 7’ from fire hydrants, storm drains, sanitary sewers and/or gas lines c. 5' from top of wing of driveways, mailboxes, water, telephone and/or electrical mains d. 15' from stop signs, street or curb sign returns e. 20' from either side of a streetlight PL Issuance of building permits Planning 38. Irrigation System Warranty. Developer shall warranty the irrigation system and planting for a period of one year from the date of installation. Developer shall submit a landscape maintenance plan for Common Area landscaping including a reasonable estimate of expenses for the first five years for approval by the Community Development Director. PL Issuance of building permits Planning 39. Walls, Fences and Mailboxes. Developer shall include final plans and details for all site walls, fencing, lighting and amenities including site signage, benches, tables and mailboxes with the final landscape and irrigation plans. Specifically, the Applicant shall submit “shop drawings” for the soundwall/project wall, retaining walls, the PL Issuance of building permits Planning 18 of 45 herpetological low wall and railing for review and approval prior to approval of the construction documents. Mailboxes base (post) shall be upgraded to be a decorative base. Mailbox locations shall be integrated within the landscape and shall comply with USPS requirements. Colors of site furnishings and amenities shall be coordinated. 40. Sustainable Landscape Practices. The landscape design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning a minimum of 60 points or more on the Bay-Friendly scorecard, meeting 9 of the 9 required practices and specifying that 75% of the non-turf planting only requires occasional, little or no shearing or summer water once established. Final selection and placement of trees, shrubs and ground cover plants shall ensure compliance with this requirement. Herbaceous plants shall be used along walks to reduce maintenance and the visibility of the sheared branches of woody ground cover plants. Planters for medium sized trees shall be a minimum of six feet wide. Small trees or shrubs shall be selected for planting areas less than six feet wide. PL Issuance of building permits Planning 41. Copies of Approved Plans. The Applicant shall provide the Planning Division with two full size copies; one ½ sized copy; and, one electronic copy of the approved landscape and irrigation plans. PL Issuance of building permits Planning 42. Standard Plant Material, Irrigation and Maintenance Agreement. The Applicant/Developer shall complete and submit to the Dublin Planning Division the Standard Plant Material, Irrigation and Maintenance Agreement. PL Issuance of building permits Planning 43. Root Barriers and Tree Staking. The landscape plans shall include root barrier and tree staking details. PL Issuance of building permits Planning BUILDING DIVISION 44. Building Codes and Ordinances. All project B Through Building 19 of 45 construction shall conform to all building codes and ordinances in effect at the time of building permit. Completion 45. Retaining Walls. All retaining walls over 30 inches in height and in a walkway shall be provided with guardrails. All retaining walls over 36 inches in height without a surcharge or any retaining wall with a surcharge shall obtain permits and inspections from the Building & Safety Division. See the Dublin Municipal Code for the complete exception. B Through Completion Building 46. Phased Occupancy Plan. If occupancy is requested to occur in phases, then all physical improvements within each phase shall be required to be completed prior to occupancy of any buildings within that phase except for items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by the Department of Community Development. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Director of Community Development, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. B Occupancy of any affected building Building 47. Building Permits. To apply for building permits, Applicant/Developer shall submit five (5) sets of construction plans to the Building & Safety Division for plan check. Each set of plans shall have attached an annotated copy of these B Issuance of Building Permits Building 20 of 45 Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 48. Construction Drawings. Construction plans shall be fully dimensioned (including building elevations) accurately drawn (depicting all existing and proposed conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape plan and details shall be consistent with each other. B Issuance of building permits Building 49. Air Conditioning Units. Air conditioning units and ventilation ducts shall be screened from public view with materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Chief Building Official and Director of Community Development. Air conditioning units shall be located such that each dwelling unit has one side yard with an unobstructed width of not less than 36 inches. Air conditioning units shall be located in accordance with the Planned Development Zoning text and these conditions of approval. B Occupancy of Unit Building 50. Temporary Fencing. Temporary Construction fencing shall be installed along the perimeter of all work under construction. B Through Completion Building 51. Addressing a) Provide a site plan with the City of Dublin’s address grid overlaid on the plans (1 to 30 scale). Highlight all exterior door openings on plans (front, rear, garage, etc.). The site plan shall include a single large format page showing the entire project and individual B a) Prior to release of addresses Building 21 of 45 sheets for each neighborhood. 3 copies on full size sheets and 5 copies reduced sheets. b) Provide plan for display of addresses. The Building Official shall approve plan prior to issuance of the first building permit. (Prior to permitting) c) Address signage shall be provided as per the Dublin Residential Security Code. d) Exterior address numbers shall be backlight and be posted in such a way that they may be seen from the street. e) Driveways servicing more than one (1) individual dwelling unit shall have a minimum of 4 inch high identificat ion numbers, noting the range of unit numbers placed at the entrance to each driveway at a height between 36 and 42 inches above grade. The light source shall be provided with an uninterruptible AC power source or controlled only by photoelectric device. b) Prior to permitting c) Occupancy of any Unit d) Permit issuance, and through completion e) Prior to permit issuance, and through completion 52. Engineer Observation. The Engineer of record shall be retained to provide observation services for all components of the lateral and vertical design of the building, including nailing, hold- downs, straps, shear, roof diaphragm and structural frame of building. A written report shall be submitted to the City Inspector prior to scheduling the final frame inspection. B Scheduling the final frame inspection Building 53. Foundation. Geotechnical Engineer for the soils report shall review and approve the foundation design. A letter shall be submitted to the Building Division on the approval. B Permit issuance Building 54. Copies of Approved Plans. Applicant shall provide the Building Division with 2 reduced (1/2 size) copies of the City of Dublin stamped approved plan. B 30 days after permit and each revision issuance Building 55. Cool Roofs. Flat roof areas shall have their roofing material coated with light colored gravel or painted with light colored or reflective B Through Completion Building 22 of 45 material designed for Cool Roofs. 56. Solar Zone – CA Energy Code. Show the location of the Solar Zone on the site plan. Detail the orientation of the Solar Zone. This information shall be shown in the master plan check on the overall site plan, the individual roof plans and the plot plans. This condition of approval will be waived if the project meets the exceptions provided in the CA Energy Code. B Through Completion Building 57. Wildfire Management. Provide in the master drawing set, a sheet detailing which lots are adjacent to open space and subject to the Wildfire Management provisions of the code. Add a note to the plot plan that for each lot that is subject to wildfire management. B Through Completion Building 58. Accessible Parking. The required number of parking stalls, the design and location of the accessible parking stalls shall be as required by the CA Building Code. B Through Completion Building 59. Recreation Centers. Building permits are required for all recreation centers, swimming pools, spas, and associated amenities and are required to meet the accessibility and building codes. Pool and Deck area shall be considered conceptual in nature only, items such as exiting and permit requirements shall be reviewed during the permitting process. B Through Completion Building 60. Options. Selected options that affect the square footage of the dwellings shall be listed on the building permit application. Selected options that affect the footprint of the dwelling shall be shown on the plot plan B Through Completion Building FIRE PREVENTION BUREAU 61. Fire Access During Construction. a) Fire Access. Access roads, turnarounds, pullouts and fire operation areas are Fire Lanes and shall be maintained clear and free of obstructions, including the parking of vehicles. b) Entrances. Entrances to job sites shall not be blocked, including after hours, other than by approved gates/barriers that provide for emergency access. F Through completion and on-going Fire 23 of 45 c) Site Utilities. Site utilities that would require the access road to be dug up or made impassible shall be installed prior to combustible construction commencing. d) Entrance flare, angle of departure, width, turning radii, grades, turnaround, vertical clearances, road surface, bridges/crossings, gates/key-switch, and within required 150-feet distance to Fire Lane. e) Personnel Access. Approved route to furthermost portion of exterior wall. Route width, slope, surface, obstructions must be considered. f) Fire access is required to be approved all-weather access. Show on the plans the location of the all-weather access and a description of the construction. Access road must be designed to support the imposed loads of fire apparatus. 62. Dublin Municipal Code. a) 5.08.130 Fire Apparatus Access Roads. Section 503.1 amended by adding Section 503.1.2.1. The minimum number of access roads serving residential development(s) shall be based upon the number of dwelling units served and shall be as follows:  1-25 units – One public or private access road. The maximum length of a single access road shall be no greater than 1,000 feet. The length may be modified for special circumstances in accordance with Section 103.1.2. b) 5.08.140 Specifications. Section 503.2.3 is amended by adding Section 503.2.3.1. Fire and Emergency Access Roads approved for construction sites shall be designed to meet the requirements of Section 503.2. The approved all-weather surface shall be considered as first lift of asphalt and the access shall be approved F Through completion and on-going Fire 24 of 45 by the Department of Public Works prior to commencement of combustible storage or any construction on the site. Fire apparatus roadways shall have a minimum unobstructed width of 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Roadways under 36 feet wide shall be posted with signs or shall have red curbs painted with labels on one side; roadways under 28 feet wide shall be posted with signs or shall have red curbs painted with labels on both sides of the street as follows: “NO STOPPING FIRE LANE-CVC 22500.1” Fire apparatus roadways must extend to within 150 feet of the most remote first floor exterior wall of any building (CFC 2007, Section 503.1.1). The maximum grade for a fire apparatus roadway is 12% (CFC 2007, Section 503.2.7). Fire apparatus roadways in excess of 150 feet in length must make provisions for approved apparatus turnarounds (CFC 2007, Section 503.2.5). PUBLIC WORKS DEPARTMENT 63. Ownership and Maintenance of Improvements. Prior to approval of the first Final Map, the Developer shall submit an “Ownership and Maintenance” exhibit indicating the areas maintained by the City of Dublin and the Homeowner’s Association. The “Ownership and Maintenance” exhibit shall be subject to review and approval by the City Engineer. PW Final Map and Ongoing Public Works 64. Landscape Features within Public Right of Way. The Developer shall enter into an “Agreement for Long Term Encroachments” with the City to allow the Homeowner’s Association to maintain the curb & gutter, sidewalk, landscape and PW First Final Map; Modify with Successive Final Maps Public Works 25 of 45 decorative features within public Right of Way including frontage landscaping, decorative pavements and special features (i.e., walls, portals, benches, etc.) as generally shown on the Site Development Review package. The Agreement shall identify the ownership of the special features and maintenance responsibilities. The Homeowner’s Association will be responsible for maintaining the surface of all decorative pavements including restoration required as the result of utility repairs. 65. Covenants, Conditions and Restrictions (CC&Rs). A Homeowners Association shall be formed by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of the landscape features, decorative pavement and other features within the public right of way contained in the Agreement for Long Term Encroachments; all open space and common area landscaping; and all stormwater treatment measures. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall also contain a provision that prohibits the amendment of those provisions of the CC&Rs requested by City without the City’s approval. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, of all private streets, alleyways and motor courts; landscaping & irrigation; decorative pavements; median islands; fences; walls; drainage and stormwater treatment features; lighting; signs and other related improvements. The CC&Rs shall also contain all other items required by these conditions. The Developer shall submit a copy of the CC&R document to the City for review and approval. PW First Final Map; Modify with Successive Final Maps Public Works 66. Tassajara Road Frontage Improvements. The Developer shall install complete roadway and utility improvements along the project’s Tassajara Road frontage as shown on the tentative map, with modifications as necessary PW First Final Map and On- going Public Works 26 of 45 to conform to the four lane ultimate precise alignment currently being prepared by the City of Dublin. Minor variations to the typical curb- to-curb and right-of-way widths as shown on the final adopted four lane precise plan may be permitted along the project frontage as determined by the City Engineer. Required roadway and utility improvements for the widening of Tassajara Road along the project’s frontage shall include, but are not limited to: installation of pavement (minimum half-street width, or further as necessary for smooth transition), curb, gutter, sidewalk, driveway or street-type connection at private street intersection, drainage improvements, stormwater treatment measures, street trees, landscaping, irrigation, street lights, utility relocations, signing and striping. Pavement removal, conforms and transitions will be required as necessary to conform to existing improvements in Tassajara Road, as determined by the City Engineer. In addition, the installation of a maximum 16’ wide raised or striped median and the re-striping of the existing southbound drop lane transition on the west side of Tassajara Road shall be required, as determined by the City Engineer. Applicable Tassajara Road improvement costs shall be credited appropriately against the project’s Eastern Dublin Traffic Impact Fee (EDTIF) in an amount not to exceed the costs included in the 2010 EDTIF Update or subsequent updates. 67. Tassajara Road Improvement (Between Shadow Hill Drive and Existing Bridge). Developer shall install new pavement section, striping, drainage and any other unfinished improvements within the area. These improvement cost shall be credited appropriately against the project’s Traffic Impact Fee. PW First Final Map and On- going Public Works 27 of 45 68. Public Service Easements (PSE). A 5’ Public Service Easement(s) shall be dedicated along the project’s Tassajara Road to allow for the proper placement of public utility vaults, boxes, appurtenances or similar items behind the back- of-sidewalk. Private improvements such as fences, gates or trellises shall not be located within the public service easements. PW First Final Map and On- going Public Works 69. Private Streets. The Developer shall establish private street access rights and install complete street improvements for the proposed private streets and alley ways within the development as shown on the Tentative Map. PW Final Map Public Works 70. Improvements adjacent to Drainage Conservation Area and Creek. Developer shall construct all improvements within the property boundary and shall not encroachment into the adjacent creek or conservation area. PW First Final Map and On- going Public Works 71. Intersection Sight Distance. On-street parking shall be restricted within the triangles created by the Safe Stopping Sight Distance zones (Visibility Zones) at the project entrance. In addition, all landscaping and architectural features shall be no more than 30-inches tall inside the Visibility Zones at the project entrances. The Visibility Zones shall be determined by the traffic analysis. The traffic analysis shall be reviewed and approved by the Traffic Engineer. PW First Final Map Public Works 72. Private street and common area subdivision improvements. Common area improvements, private streets, private alleys and all other subdivision improvements owned or maintained by the homeowners’ owners association are subject to review and approval by the City Engineer prior to Final Map approval and shall be included in the Tract Improvement Agreement. Such improvements include, but are not limited to: curb & gutter, pavement areas, sidewalks, access ramps & driveways; enhanced street paving; parking spaces; street lights (wired underground) and appurtenances; drainage facilities; utilities; landscape and irrigation facilities; open space landscaping; PW First Final Map Public Works 28 of 45 stormwater treatment facilities; striping and signage; and fire hydrants. 73. Private Street and Sidewalk Improvements. The private sidewalk internal to the project shall be minimum width of four feet (4’) and a foot by five foot (5’x5’) “turnaround” areas shall be provided at intervals of no less than two hundred feet (200’). PW First Final Map Public Works 74. Private Street Easements. Public Utility Easements (PUE), Sanitary Sewer Easements (SSE) and Water Line Easements (WLE) shall be established over all private streets within the subdivisions. The PUE, SSE and WLE dedication statements on the Final Map are to recite that the easements are available for, but not limited to, the installation, access and maintenance of sanitary and storm sewers, water, electrical and communication facilities. Project entry monument signs and walls shall not be located within these easements. PW First Final Map Public Works 75. Private Street Easements. The Developer shall dedicate Emergency Vehicle Access Easements (EVAE) over the clear pavement width of all private streets and alleys. Easement geometry shall be subject to the approval of the City Engineer and Fire Marshall. PW First Final Map Public Works 76. Monuments. Final Maps shall include private street monuments to be set in all private streets. Private street monuments shall be set at all intersections and as determined by the City Engineer. PW First Final Map Public Works 77. Curb Ramps. Curb ramp layouts are not approved at this time. The number, location and layout of all curb ramps shall be reviewed and approved by the City Engineer with the Improvement Plans associated with each Final Map. All pedestrian ramps shall be designed and constructed to provide direct access to marked or unmarked crosswalks. Each pedestrian ramp shall be oriented such that it is aligned and parallel to the marked or unmarked crosswalk it is intended to serve. Pedestrian ramps serving more than one marked or unmarked crosswalk PW First Final Map and On- going Public Works 29 of 45 shall not be provided, unless specifically approved by the City Engineer. 78. Stormwater Management. The provided Stormwater Management Plan, Sheet C5.0 of the Tentative Map, prepared by Greenwood & Moore Inc. dated 12/16/2015 is approved in concept only, except as noted below. The final Stormwater Management Plan is subject to City Engineer approval prior to approval of the Tract Improvement Plans. Approval is subject to the developer providing the necessary plans, details, and calculations that demonstrate the plan complies with the standards issued by the San Francisco Bay Regional Water Quality Control Board. PW First Final Map and On- going Public Works 79. Trash Capture. The project Stormwater Management Plan shall incorporate trash capture measures such as inlet filters or hydrodynamic separator units to address the requirements of Provision C.10 of the Regional Water Quality Control Board (RWQCB) Municipal Regional Permit (MRP) to the satisfaction of the City Engineer. PW First Final Map and On- going Public Works 80. Storm Water Treatment Measures Maintenance Agreement. Developer shall enter into an Agreement with the City of Dublin that guarantees the property owner’s perpetual maintenance obligation for all stormwater treatment measures installed as part of the project. Said Agreement is required pursuant to Provision C.3 of the Municipal Regional Stormwater NPDES Permit, Order No. R2-2009- 0074. Said permit requires the City to provide verification and assurance that all treatment devices will be properly operated and maintained. The Agreement shall be recorded against the property and shall run with the land. PW First Final Map and On- going Public Works 81. Stormwater Source Control. “No Dumping Drains to Bay” storm drain medallions per City Standard Detail CD-704 shall be placed on all public and private storm drain inlets. PW First Final Map and On- going Public Works 82. Utilities. All new utility service connections, including electrical and communications, shall PW First Final Map and On- Public Works 30 of 45 be installed underground. Electrical transformers shall be installed in underground vaults within an appropriate utility easement or public service easement. going 83. Landscape Plans. Developer shall submit design development Landscape Plans with the first plan check for the street improvement plans and final map for each respective tract. The Landscape Plans shall show details, sections and supplemental information as necessary for design coordination of the various civil design features and elements including utility location to the satisfaction of the City Engineer. Complete Landscape Plans shall be concurrently approved with the Tract Improvement Agreement and Final Map. PW First Final Map and On- going Public Works 84. Street Light and Joint Trench Plans. Streetlight Plans and Joint Trench Plans shall be submitted with the first plan check for the street improvement plans and final map for each respective tract. The final streetlight plan and joint trench plan shall be completed prior to Final Map approval for each respective subdivision. PW First Final Map and On- going Public Works 85. Geotechnical Report. The Developer shall submit a design level geotechnical investigation report defining and delineating any seismic hazard. The report shall be prepared in accordance with guidelines published by the State of California. The report is subject to review and approval by a City selected peer review consultant prior to the approval of the Final map. The applicant shall pay all costs related to the required peer review. The recommendations of those geotechnical reports shall be incorporated into the project plans subject to the approval of the City Engineer. PW Issuance of Grading Permits or First Final Map Public Works 86. Soils Report. The Developer shall submit a detailed soils report prepared by a qualified engineer, registered with the State of California. The required report shall include recommendations regarding pavement sections for all project streets including all perimeter streets and internal public/private streets. PW Issuance of Grading Permits or First Final Map Public Works 31 of 45 Grading operations shall be in accordance with recommendations contained in the required soils report and grading shall be supervised by an engineer registered in the State of California to do such work. 87. Geotechnical Engineer Review and Approval. The Project Geotechnical Engineer shall be retained to review all final grading plans and specifications. The Project Geotechnical Engineer shall approve all grading plans prior to City approval and issuance of grading permits. PW Issuance of Grading Permits or First Final Map Public Works 88. Grading. The disposal site and haul truck route for any off-haul dirt materials shall be subject to the review and approval by the City Engineer prior to the approval the improvement plans or issuance of a Grading Permit. If the Developer does not own the parcel on which the proposed disposal site is located, the Developer shall provide the City with a Letter of Consent, signed by the current owner, approving the placement of off-haul material on their parcel. A grading plan may be required for the placement of the off-haul material. PW Issuance of Grading Permits or First Final Map Public Works 89. Dust Control/Street Sweeping. The Developer shall provide adequate dust control measures at all times during the grading and hauling operations. All trucks hauling export and import materials shall be provided with tarp cover at all times. Spillage of haul materials and mud- tracking on the haul routes shall be prevented at all times. Developer shall be responsible for sweeping of streets within, surrounding and adjacent to the project if it is determined that the tracking or accumulation of material on the streets is due to its construction activities. PW On-going Public Works 90. Underground Obstructions. Prior to demolition, excavation and grading on any portion of the project site, all underground obstructions (i.e., debris, septic tanks, fuel tanks, barrels, chemical waste) shall be identified and removed pursuant to Federal, State and local regulations and subject to the review and approval by the City. Excavations shall be properly backfilled using structural fill, subject to the review and PW Issuance of Grading Permits or First Final Map Public Works 32 of 45 approval of the City Engineer. 91. Resource Agency Permits. Prior to the start of any grading of the site as necessary, permits shall be obtained from the US Army Corps of Engineers, the San Francisco Bay Regional Water Quality Control Board, the State of California Department of Fish and Game, and the US Fish and Wildlife Service for the grading or alteration of wetland areas within the site, if applicable. The project shall be modified as needed to respond to the conditions of the permits. PW Issuance of Grading Permit Public Works 92. Tassajara Road Bus Shelter. The Developer shall construct a bus shelter along the Tassajara Road frontage of the adjoining Quarry Lane School property to the north of the project site. The bus shelter shall be located north of the Quarry Lane School driveway, adjacent to the existing bus stop pullout, and within the existing landscape area behind the sidewalk. The final location of the bus shelter shall be approved by LAVTA and the City Engineer. The bus shelter shall have solar panel scalability for future needs for any DC voltage signage in the bus shelter. The Developer shall pay the cost of procuring and installing the bus shelter. PW First Final Map and Ongoing Public Works 93. Signal Interconnect. The Developer shall extend the existing Signal Interconnect along Tassajara Road from the existing termination point at Quarry Lane Traffic Signal cabinet to the southerly limit of this project. The Conduit will be extended and installed as part of the frontage improvements on Tassajara Road. PW Approval of Improvemen t Plan Public Works 94. DO NOT BLOCK Pavement Markings. The Developer shall install the DO NOT BLOCK pavement Markings on Tassajara Road at the project entrance driveway. The final design of the markings shall be approved by the City Traffic Engineer. PW Approval of Improvemen t Plan Public Works PUBLIC WORKS – STANDARD CONDITIONS OF APPROVAL 95. Developer shall comply with the City of Dublin Public Works Standard Conditions of Approval contained below (“Standard Condition”) unless specifically modified by Project Specific PW On-going Public Works 33 of 45 Conditions of Approval above. 96. Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, the most current requirements of the State Code Title 24 and the Americans with Disabilities Act with regard to accessibility, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as “public works” under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and following). PW On-going Public Works 97. If there are conflicts between the Tentative Map approval and the SDR approval pertaining to mapping or public improvements the Tentative Map shall take precedent. PW On-going Public Works AGREEMENTS AND BONDS 98. Developer shall enter into a Tract Improvement Agreement with the City for all public improvements including any required offsite storm drainage or roadway improvements that are needed to serve the Tract that have not been bonded with another Tract Improvement Agreement. PW First Final Map and Successive Maps Public Works 99. Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the performance security.) PW First Final Map and Successive Maps Public Works FEES 100. Developer shall dedicate parkland or pay in-lieu fees in the amounts and at the times set forth in City of Dublin Resolution No. 60-99, or in any resolution revising these amounts and as implemented by the Administrative Guidelines PW On-going Public Works 34 of 45 adopted by Resolution 195-99. PERMITS 101. Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of- way of any street where the City has accepted the improvements. The encroachment permit may require surety for slurry seal and restriping. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement Agreement may not be required. PW Start of Work Public Works 102. Developer shall obtain a Grading/Sitework Permit from the Public Works Department for all grading and private site improvements that serves more than one lot or residential condominium unit. PW Start of Work Public Works 103. Developer shall obtain all permits required by other agencies including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works Department. PW Start of Work Public Works SUBMITTALS 104. All submittals of plans and Final Maps shall comply with the requirements of the “City of Dublin Public Works Department Improvement Plan Submittal Requirements”, and the “City of Dublin Improvement Plan Review Check List”. PW Approval of Improvemen t Plans or Final Map Public Works 105. Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The Alameda County Fire Department and the Dublin San Ramon Services District shall approve and sign the Improvement Plans. PW Approval of Improvemen t Plans or Final Map Public Works 106. Developer shall submit a Geotechnical Report, which includes street pavement sections and grading recommendations. PW Approval of Improvemen t Plans, Grading Plans, or Final Map Public Works 35 of 45 107. Developer shall provide the Public Works Department a digital vectorized file of the “master” files for the project when the Final Map has been approved. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. PW Acceptance of Improvemen ts and Release of Bonds Public Works FINAL MAP 108. The Final Map shall be substantially in accordance with the Tentative Map approved with this application, unless otherwise modified by these conditions. Multiple final maps may be filed in phases, provided that each phase is consistent with the tentative map, that phasing progresses in an orderly and logical manner and adequate infrastructure is installed with each phase to serve that phase as a stand-alone project that is not dependent upon future phasing for infrastructure. PW Approval of Final Map Public Works 109. All rights-of-way and easement dedications required by the Tentative Map shall be shown on the Final Map. PW Final Map Public Works 110. Any phasing of the final mapping or improvements of a Tentative Map is subject to the approval and conditions of the City Engineer. PW Approval of Final Map Public Works 111. Street names shall be assigned to each public/private street pursuant to Municipal Code Chapter 7.08. The approved street names shall be indicated on the Final Map. PW Approval of Final Map Public Works 112. The Final Map shall include the street monuments to be set in all public streets. PW Monuments to be Shown on Final Map and Installed Prior to Acceptance Public Works 36 of 45 of Improvemen ts EASEMENTS 113. Developer shall obtain abandonment from all applicable public agencies of existing easements and right of ways within the development that will no longer be used. PW Approval of Improvemen t Plans or Appropriate Final Map Public Works 114. Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements on their property. The easements and/or rights-of-entry shall be in writing and copies furnished to the City Engineer. PW Approval of Improvemen t Plans or Appropriate Final Map Public Works GRADING 115. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. PW Approval of Grading Plans or Issuance of Grading Permits, and On-going Public Works 116. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. PW Approval of Grading Plans or Issuance of Grading Permits, and On-going Public Works 117. Tiebacks or structural fabric for retaining walls shall not cross property lines, or shall be located a minimum of 2’ below the finished grade of the upper lot. PW Approval of Grading Plans or Issuance of Grading Permits, and On-going Public Works IMPROVEMENTS 118. The public improvements shall be constructed generally as shown on the Tentative Map and/or Site Development Review. However, the PW Approval of Improvemen t Plans or Public Works 37 of 45 approval of the Tentative Map and/or Site Development Review is not an approval of the specific design of the drainage, sanitary sewer, water, and street improvements. Start of Construction, and On-going 119. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City Engineer. PW Approval of Improvemen t Plans or Start of Construction, and On-going Public Works 120. Public streets shall be at a minimum 1% slope with minimum gutter flow of 0.7% around bumpouts. Private streets and alleys shall be at minimum 0.5% slope. PW Approval of Improvemen t Plans or Start of Construction, and On-going Public Works 121. Curb Returns on arterial and collector streets shall be 40-foot radius, all internal public streets curb returns shall be minimum 30-foot radius (36-foot with bump outs) and private streets/alleys shall be a minimum 20-foot radius, or as approved by the City Engineer. Curb ramp locations and design shall conform to the most current Title 24 and Americans with Disabilities Act requirements and as approved by the City Traffic Engineer. PW Approval of Improvemen t Plans or Start of Construction, and On-going Public Works 122. Any decorative pavers/paving installed within City right-of-way shall be done to the satisfaction of the City Engineer. Where decorative paving is installed at signalized intersections, pre-formed traffic signal loops shall be put under the decorative pavement. Decorative pavements shall not interfere with the placement of traffic control devices, including pavement markings. All turn lane stripes, stop bars and crosswalks shall be delineated with concrete bands or color pavers to the satisfaction of the City Engineer. Maintenance costs of the decorative paving shall be the responsibility of the Homeowners Association PW Approval of Improvemen t Plans or Start of Construction, and On-going Public Works 123. Developer shall install all traffic signs and pavement marking as required by the City PW Occupancy of Units or Public Works 38 of 45 Engineer. Acceptance of Improvemen ts 124. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum voltage drop for streetlights is 5%. PW Occupancy of Units or Acceptance of Improvemen ts Public Works 125. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master plans, standards, specifications and requirements. PW Occupancy of Units or Acceptance of Improvemen ts Public Works 126. Fire hydrant locations shall be approved by the Alameda County Fire Department. A raised reflector blue traffic marker shall be installed in the street opposite each hydrant. PW Occupancy of Units or Acceptance of Improvemen ts Public Works 127. Developer shall furnish and install street name signs for the project to the satisfaction of the City Engineer. PW Occupancy of Units or Acceptance of Improvemen ts Public Works 128. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City Engineer and the various Public Utility agencies. PW Occupancy of Units or Acceptance of Improvemen ts Public Works 129. All electrical, gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utility company standards. PW Occupancy of Units or Acceptance of Improvemen ts Public Works 130. All utility vaults, boxes and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in PW Occupancy of Units or Acceptance Public Works 39 of 45 landscape areas and screened from public view. Prior to Joint Trench Plan approval, landscape drawings shall be submitted to the City showing the location of all utility vaults, boxes and structures and adjacent landscape features and plantings. The Joint Trench Plans shall be signed by the City Engineer prior to construction of the joint trench improvements. of Improvemen ts 131. Developer shall construct bus stops and shelters at the locations designated and approved by the LAVTA and the City Engineer. The Developer shall pay the cost of procuring and installing these improvements. PW Prior to Occupancy of Units or Acceptance of Improvemen ts Public Works CONSTRUCTION 132. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City’s acceptance of the subdivision improvements. PW On-going as Needed Public Works 133. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who is certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures. PW On-going as Needed Public Works 134. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non- City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise approved by the City Engineer. Extended hours or Saturday work will be considered by the City Engineer on a case-by-case basis. PW On-going as Needed Public Works 135. Developer shall prepare a construction noise management plan that identifies measures to be taken to minimize construction noise on PW Start of Construction Implementati Public Works 40 of 45 surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be provided prior to project construction. on On-going as Needed 136. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City Engineer. PW Start of Construction; Implementati on On-going as Needed Public Works 137. Developer shall be responsible for controlling any rodent, mosquito, or other pest problem due to construction activities. PW On-going Public Works 138. Developer shall be responsible for watering or other dust-palliative measures to control dust as conditions warrant or as directed by the City Engineer. PW Start of Construction; Implementati on On-going as Needed Public Works 139. Developer shall provide the Public Works Department with a letter from a registered civil engineer or surveyor stating that the building pads have been graded to within 0.1 feet of the grades shown on the approved Grading Plans, and that the top & toe of banks and retaining walls are at the locations shown on the approved Grading Plans. PW Issuance of Building Permits or Acceptance of Improvemen ts Public Works NPDES 140. Prior to any clearing or grading, Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Departmen t and be kept at the construction site. PW Start of Any Construction Activities Public Works 141. The Storm Water Pollution Prevention Plan (SWPPP) shall identify the Best Management Practices (BMPs) appropriate to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most PW SWPPP to be Prepared Prior to Approval of Improvemen t Plans; Public Works 41 of 45 current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Management Practices Handbook. The Developer is responsible f or ensuring that all contractors implement all storm water pollution prevention measures in the SWPPP. Implementati on Prior to Start of Construction and On-going as Needed DUBLIN SAN RAMON SERVICES DISTRICT (DSRSD) 142. 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 DSRSD Master Plans and all DSRSD policies. DSR Issuance of any building permit DSRSD 143. All mains shall be sized to provide sufficient capacity to accommodate future flow demands in addition to each development project's demand. Layout and sizing of mains shall be in conformance with DSRSD utility master planning. DSR DSRSD 144. Sewers shall be designed to operate by gravity flow to DSRSD’s existing sanitary sewer system. Pumping of sewage is discouraged and may only be allowed under extreme circumstances following a case by case review with DSRSD staff. Any pumping station will require specif ic review and approval by DSRSD of preliminary design reports, design criteria, and final plans and specifications. The DSRSD reserves the right to require payment of present 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. DSR DSRSD 145. Domestic and fire protection waterline systems for Tracts or Commercial Developments shall be designed to be looped or interconnected to avoid dead end sections in accordance with requirements of the DSRSD Standard Specifications and sound engineering practice. DSR DSRSD 146. DSRSD policy requires public water and sewer DSR DSRSD 42 of 45 lines to be located in public streets rather than in off-street locations to the fullest extent possible. If unavoidable, then public sewer or water easements must be established over the alignment of each public sewer or water line in an off -street or private street location to provide access for future maintenance and/or replacement. 147. Prior to approval by the City of a grading permit or a site development permit, the locations and widths of all proposed easement dedications for water and sewer lines shall be submitted to and approved by DSRSD. DSR Approval of a grading permit or site development permit DSRSD 148. All easement dedications for DSRSD facilities shall be by separate instrument irrevocably offered to DSRSD or by offer of dedication on the Final Map. DSR Final Map approval DSRSD 149. Prior to approval by the City for Recordation, the Final Map shall be submitted to and approved by DSRSD for easement locations, widths, and restrictions. DSR Final Map approval DSRSD 150. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, all utility connection fees including DSRSD and Zone 7, plan checking fees, inspection fees, connection 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. DSR Issuance of any building permit or construction permit DSRSD 151. Prior to issuance by the City of any Building Permit or Construction Permit by the Dublin San Ramon Services District, whichever comes first, 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 DSR Issuance of any building permit or construction permit DSRSD 43 of 45 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. 152. No sewer line or waterline construction shall be permitted unless the proper utility construction permit has been issued by DSRSD. A construction permit will only be issued after all fees have been paid. DSR DSRSD 153. The applicant 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 the construction and completion of the project. DSR On-going DSRSD 154. Improvement plans shall include recycled water improvements as required by DSRSD. Services for landscape irrigation shall connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements therein. DSR DSRSD 155. Above ground backflow prevention devices/double detector check valves shall be installed on fire protection systems connected to the DSRSD water main. The applicant shall collaborate with the Fire Department and with DSRSD to size and configure its fire system. The applicant shall minimize the number of backflow prevention devices/double detector check valves installed on its fire protection system. The applicant shall minimize the visual impact of the backflow prevention devices/double detector check valves through strategic placement and landscaping. DSR DSRSD 156. Development plans will not be approved until landscape plans are submitted and approved. DSR Issuance of building permit DSRSD 157. Grading for construction shall be done with recycled water. DSR Through completion DSRSD 158. Temporary potable irrigation meters in areas DSR DSRSD 44 of 45 with recycled water service shall only be allowed for cross-connection and coverage testing for a maximum of 14 calendar days. 159. Where the narrow width of a proposed alley or cul-de-sac would make the standard spacing between water mains and sewer mains unworkable, the developer must request an exemption from DSRSD’s standard spacing requirements between mains. Such an exemption may be granted, but only if: 1) The spacing between the sewer and water main is the maximum width possible using the proposed width of the alley. 2) In no case is the spacing between the sewer and water main less than five (5) feet measured edge to edge. 3) The vertical separation between the water line and the sewer line is at least one (1) foot with the sewer line deeper than the water line. 4) The material for the water line is Class 200 pressure rated PVC water pipe (DR 14 per AWWA C900-97 & C905-97) and the material for the sewer main is PVC pipe using bell and spigot joints using rubber gaskets meeting the requirements of ASTM D3034, SDR26, cell classification 12454-B or 12454-C. Developer should be aware that the exemption is not guaranteed to be granted, but may be granted if all special provisions for the narrow alleyway are followed. DSR DSRSD 160. To more accurately determine how much sewer capacity should be allocated to this project, applicant shall submit to the District a one-year interior water consumption history of a similar establishment. DSR DSRSD 161. The project is located within the District Recycled Water Use Zone (Ord. 301), which calls for installation of recycled water irrigation systems to allow for the future use of recycled water for approved landscape irrigation demands. Recycled water will be available as DSR DSRSD 45 of 45 described in the DSRSD Water Master Plan Update, December 2005. Unless specifically exempted by the District Engineer, compliance with Ordinance 301, as may be amended or superseded, is required. Applicant must submit landscape irrigation plans to DSRSD. All irrigation facilities shall be in compliance with District’s “Recycled Water Use Guidelines” and Dept. of Health Services requirements for recycled water irrigation design. PASSED, APPROVED AND ADOPTED this ____ day of ____, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: _________________________________ City Clerk