HomeMy WebLinkAboutPC Reso04-48 PA 04-005 Brittany Lane SDR
RESOLUTION NO. 04 - 48
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING A SITE DEVELOPMENT REVIEW FOR COX/McCANDLESS SINGLE-FAMILY
RESIDENCE ON AN EXISTING LOT (LOT 8) AT 11183 BRITTANY LANE, PA 04-005
WHEREAS, Ryan Cox and Jeanette McCandless have requested approval of a Site Development
Review for a single family home on an existing lot, Lot 8 of Block 1 of Tract 5073, at 11183 Brittany
Lane; and
WHEREAS, a completed application for Site Development Review is available and on file in the
Dublin Planning Department; and
WHEREAS, the environmental impacts of this project were addressed under the Negative
Declaration prepared for the PA 85-035 Hatfield Development Corporation Planned Development
Rezoning, Annexation and Site Development Review of which the subject lot was a part. The Negative
Declaration was prepared and adopted by City Council in accordance with the California Environmental
Quality Act (CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines.
WHEREAS, a Site Development Review is required for this project by Conditions 4 and 12 of City
Council Resolution 82-85 approving P A 85-035.3, Hatfield Development Corporation Investec, Inc.; and
WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance as it will not
damage or endanger any Heritage Tree; and
WHEREAS, the project is consistent in all respects with Dublin General Plan and Zoning
Ordinance and additional Conditions of Approval have been incorporated into this resolution; and
WHEREAS, the project is consistent in all respects with the Conditions of Approval of City
Council Resolution 82-85; and
WHEREAS, the Planning Commission did hold a public hearing on said application on June 22,
2004; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff report was submitted to the Planning Commission recommending approval of
the Site Development Review P A 04-005, as shown in Exhibit A, Project Plans, subject to conditions
contained herein; and
WHEREAS, the Planning Commission did hear and considered all said reports, recommendations
and testimony hereinabove set forth and used their independent judgment.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby make the following findings and determinations regarding said proposed Site Development
Review:
A. The approval of this application (P A 04-005) is consistent with the intent/purpose of
Section 8.104 (Site Development Review) of the Zoning Ordinance and the Planned
Development Zoning approved as P A 85-035, for a residential subdivision.
B. The approval of this application, as conditioned, complies with the policies of the General
Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82-
85, as it will not damage or endanger any Heritage Tree.
C. The approval will not adversely affect the health or safety of persons residing or working
in the vicinity, or be detrimental to the public health, safety and general welfare because all
applicable regulations will be met by the project plans and the conditions incorporated into
the project.
D. Impacts to views have been addressed by sensItIve design and siting of the proposed
single-family residence through the hipped design of the roof and the building setbacks.
E. Impacts to existing slopes and topographic features are addressed in the project through the
use of a partial pier and grade beam foundation and by minimal grading, cut and fill, as
shown on the Preliminary Grading Plan.
F. The approval of this application, as conditioned, is in conformance with regional
transportation plans considered in the project traffic study for P A 85-035.
G. The approval of this application, as conditioned, is in the best interests of the public health,
safety and general welfare of persons working and residing in the project vicinity as the
development is consistent with all laws and ordinances and implements the requirements
of the General Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council
Resolution 82-85.
H. The proposed physical site development, including the intensity of development, site
layout, grading, vehicular access, circulation and parking, setbacks, height, walls, public
safety measures and similar elements, as conditioned, have been designed to provide a
desirable environment that is compatible with the design of the neighborhood.
I. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site, and building materials and colors, screening of
exterior appurtenances, exterior lighting and similar elements have been incorporated into
the project and as Conditions of Approval in order to insure compatibility of this project
with the existing character of surrounding development.
J. Landscape considerations, including the locations, type, size, color, texture and coverage
of plant materials, provisions and similar elements have been considered to insure visual
relief and an attractive environment for the public and have been incorporated into the
Landscape/Planting Plan as shown on Sheet L-I of the Project Plans.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT the Dublin Planning Commission
does hereby find that:
A. The Cox/McCandless Site Development Review is consistent with the intent of applicable
2
subdivision regulations and related ordinances.
B. The design and improvements of the Cox/McCandless Site Development Review is consistent
with the Dublin General Plan policies as they relate to the subject property as it is a single-
family residential dwelling unit consistent with the Single-Family Residential designation of
the Dublin General Plan, which allows a density of 0.9 to 6 units per acre. The proposed
project conforms to density and intensity of use envisioned in the General Plan as the existing
subdivision lot would be built at a density of 3 units per acre.
C. The Cox/McCandless Site Development Review is consistent with the Heritage Tree
Ordinance, City Council Resolution 82-85 and with the City of Dublin Zoning Ordinance as a
Heritage Tree Protection Plan, dated February 2001, was prepared by Hortscience and
submitted by the Applicant to ensure that the Heritage Trees on-site are not damaged by
construction activities. Furthermore, a letter dated February 11, 2004, was prepared by
Hortscience and submitted by the Applicant stating that the proposed home is consistent with
the findings and recommendations of the Heritage Tree Protection Plan.
D. The home will be placed on a framework of deep-seated piers and grade beams and partial slab
foundation. This will minimize grading impacts. Functional padded exterior living areas are
proposed in the front yard and in raised deck areas. Therefore, the site is physically suitable for
the type and intensity of the single-family residential unit proposed by this project.
E. The environmental impacts of this project were addressed under the Negative Declaration
prepared for the P A 85-035 Hatfield Development Corporation Planned Development Rezone,
Annexation and Site Development Review of which the subject lots were a part. The Negative
Declaration was prepared and adopted by City Council in accordance with the California
Environmental Quality Act (CEQA), State CEQA Guidelines and the City of Dublin
Environmental Guidelines.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin Planning
Commission hereby conditionally approves the Site Development Review for PA 04-005 to construct a
single family residence on Lot 8 of Block 1, Tract 5073, and further identified as Assessors Parcel
Number 941-2775-037, and as generally depicted by materials labeled Exhibit A, stamped "approved"
and on file in the City of Dublin Planning Department. This approval shall conform to the project plans
as follows: plans prepared by ED I Architecture consisting of a colored elevation and colors and materials
dated received February 17,2004, project plans dated received June 8, 2004, and Second Floor and Roof,
page 2, and Front and Rear Elevations, page 3, dated received June 15, 2004; engineering plans prepared
by RMR dated received June 9, 2004; and the Heritage Tree Protection Plan dated February 2001 as
referenced in the letter prepared by Hortscience dated received February 17, 2004, unless modified herein
for this project, on file in the Department of Community Development, and modified by the Conditions of
Approval contained below.
CONDITIONS OF APPROVAL
Unless otherwise stated, all Conditions of Approval shall be complied with prior to final occupancy of the
dwelling unit and shall be subiect to Planning Department review and approval. The following codes
represent those departments/agencies responsible for monitoring compliance with the Conditions of
Approval: rPLl Planning, rBl Building, rPOl Police, rPWl Public Works, rADMl Administration/City
Attorney, rFINl Finance, rPCSl Parks and Community Services, rFl Alameda County Fire Dept., rDSRl
Dublin San Ramon Services District, rCOl Alameda County Flood Control and water Conservation
District Zone 7.
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NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCYI REQUIRED
DEPART. Prior to:
GENERAL CONDITIONS
1. Term. Pursuant to Section 8.96.020(D) (as amended) of the PL On-going Zoning
Zoning Ordinance, construction shall commence within one Ordin-
(1) year of Site Development Review approval, or the Site ance
Development Review approval shall lapse and become null
and void. Commencement of construction means the actual
construction pursuant to the Site Development Review
approval, or, demonstrating substantial progress toward
commencmg such construction. The original approvmg
decision-maker may, upon the Applicant's written request for
an extension of approval prior to expiration, and upon ~e
determination that any Conditions of Approval rem am
adequate to assure that applicable findings of approval will
continue to be met, grant a time extension of approval for a
period not to exceed 6 months. All time extension requests
shall be noticed and a public hearing or public meeting shall
be held as reQuired bv the Darticular Permit.
2. Fees. Applicant/Developer shall pay all applicable fees in Various Various times, Zoning
effect at the time of building permit issuance, including, but but no later Ordin-
not limited to, Building fees, Dublin San Ramon Services than Issuance ance
District Fees, Public Facilities Fees, Dublin Unified School of Building
District School Impact fees, City Fire Impact fees; Alameda Permits
County Flood and Water Conservation District (Zone 7)
Drainage and Water Connection fees; and any other fees as
applicable.
3. Revocation. The SDR will be revocable for cause m PL On-going Zoning
accordance with Section 8.96.020.1 of the Dublin Zoning Ordin-
Ordinance. Any violation of the terms or conditions of this ance
approval shall be subiect to citation.
4. Required Permits. Applicant/Developer shall comply with Various Various times, Zoning
the City of Dublin Zoning Ordinance and obtain all necessary but no later Ordin-
permits required by other agencies (Alameda County Flood than Issuance ance
Control District Zone 7, California Department of Fish and of Building
Game, Army Corps of Engineers, Regional Water Quality Permits
Control Board, State Water Quality Control Board, Etc.) and
shall submit copies of the permits to the Department of Public
Works.
5. Building Codes and Ordinances. All project construction B Through Zoning
shall conform to all building codes and ordinances in effect at Completion Ordin-
the time of building permit. ance
6. Compliance. Applicant/Developer shall comply with the City PL Issuance of PL
of Dublin Zoning Ordinance, City Council Resolution 82-85, Building
the Heritage Tree Protection Plan for this project, as Permits and
referenced in letter from Michael Santos on Hortscience dated On-going
received February 17, 2004, and these Conditions of
Approval.
7. Solid Waste/Recycling. Applicant/Developer shall comply B On-going B
with the City's solid waste management and recycling
requirements.
8. Water Quality/Best Management Practices. Pursuant to PW,PL Issuance of RWQCB
the Alameda Countywide National Pollution Discharges Grading
Elimination Permit (NPDES) No. CAS0029831 with the Permit
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NO.
CONDITION TEXT
RESPON.
AGENCYI
DEPART.
California Regional Water Quality Control Board (RWQCB),
the Applicant/Developer shall design and operate the site in a
manner consistent with the Start at the Source publication,
and according to Best Management Practices to minimize
storm water pollution.
9. Hold Harmless/Indemnification. Applicant/Developer shall PW, PL
defend, indemnify, and hold harmless the City of Dublin and
its agents, officers, and employees from any claim, action, or
proceeding against the City of Dublin or its agents, officers,
or employees to attack, set aside, void, or annul an approval
of the City of Dublin or its advisory agency, appeal board,
Planning Commission, City Council, Director of Community
Development, Planning Manager, or any other department,
committee, or agency of the City the Site Development
Review to the extent such actions are brought within the time
period required by Government Code Section 66499.37 or
other applicable law; provided, however, that the
Applicant/Developer's duty to so defend, indemnify, and hold
harmless shall be subject to the City's promptly notifying the
Applicant/Developer of any said claim, action, or proceeding
and the City's full cooperation in the defense of such actions
or proceedinQ:s.
DRAINAGE/GRADING
10. Grading /Sitework Permit: The applicant shall submit a Final PW
Grading Plan to obtain a Grading! Sitework Permit from the
Public Works Department for site grading and improvements.
All site improvement work and public right-of-way work must
be performed per a Grading!Sitework Permit issued by the
Public Works Department. Said permit will be based on the
final set of improvement plans to be approved once all of the
plan check comments have been resolved. Please refer to the
handout titled Grading / Site Improvement Permit Application
Instructions and attached application (three 8-1/2" x 11 " pages)
for more information. The Applicant/Developer must fill in and
return the applicant information contained on pages 2 and 3.
The current cost of the permit is $10.00 and due at the time of
permit issuance, although the Applicant/Developer will be
resDonsible for anv adopted increases to the fee amount.
11. Encroachment Permit. The applicant shall obtain an PW
Encroachment Permit from the Public Works Department for
any work within the public street rights of way.
12. Building Permit for Retaining Walls. The applicant shall B
obtain a separate Building Permit from the Building
Department for all retaining walls over 24 inches with a
surcharge or 36 inches without a surcharge (which may be the
total height of the stepped walls depending on the horizontal
spacing). Retaining walls within a walkway and over 30
inches in height shall provide guardrails.
13. Dublin San Ramon Service District (DSRSD) Permit. The DSRSD
applicant shall obtain a construction permit from the DSRSD
for all water and sanitary sewer improvements.
5
WHEN
REQUIRED
Prior to:
SOURCE
On-going
Þrior to Grading PW
Þermit
Prior to any PW
construction
within the
street rights of
way
Prior to start B
of
construction
of any
retaining
walls.
Prior to DSRSD
construction
of sanitary
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
sewer and
water
imDrovements.
14. Permission to grade on adjacent lots. The applicant shall PW Prior to PW
obtain written permission from the property owner(s) for any grading or
grading or work to be performed on either of the adjacent construction
properties. on the
adjacent
Droperties.
15. Geotechnical Report. All grading, retaining walls and PW Prior to PW
foundation work shall be performed in accordance with the Grading /
recommendations contained in the Geotechnical Report by Sitework
Engeo titled Foundation Exploration, Bordeaux Estates, Lot 1 Permit
Rolling Hills Drive and Lots 7 through 11 Brittany Lane,
Dublin, California dated April 6, 2000 and site specific
recommendations contained in the letter from Engeo dated
March 30, 2004. The responsible Geotechnical Engineer shall
sign a statement on the Grading, Drainage and Improvement
Plan that all proposed grading, drainage and retaining walls
conforms to the recommendations contained in the
Geotechnical Report.
16. Grading and Drainage Design. The Final Grading and PW Prior to PW
Drainage Plan shall be designed to conform with the Grading /
Preliminary Grading Plan submitted for P A 04-005, in the Sitework
Project Plans, Exhibit A, and shall be prepared to meet the Permit
following requirements:
a. No surface drainage shall cross the side property lines;
b. All retaining walls on the property line shall be concrete
or masonry;
c. Grading in all areas shall be designed so that there is an
emergency surface release of drainage should the
underground drainage system fail;
d. All drainage from the developed area of the lot shall be
collected and conveyed to a drainage dissipater in the
rear of the lot or to a thru-the-curb drain on the street
frontage;
e. Concentrated storm flows from the pipes that will drain
the driveway and from rain water leaders that will drain
the roof and site improvements shall not discharge at or
near the top-of-slope. Instead, concentrated flows shall
be collected in a pipe network that discharges through
an energy dissipater as near as possible to the down
slope property line. Appropriate details shall be added
to the plans to address this issue.
17. Grading, Drainage and Improvement Plan. The applicant PW Prior to Grading PW
shall prepare a Final Grading, Drainage and Improvement Plan / Sitework
for review and approval of the Public Works Director. The Plan Permit
shall include as a minimum the following information:
a. Existing topography including ground contours at one-
foot intervals extending a minimum 10 feet beyond the
property limits, and the location of the existing tree
trunks and drip lines (note the drip lines to be
accurately shown per the locations on the Topographic
Survev);
6
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
b. The location of existing improvements including fences
and street frontage improvements;
c. Location and elevation of existing and any proposed
changes to the water, sanitary sewer, gas, electric and
CATV services to the lot;
d. The location of all proposed improvements including
the house footprint, decks, patios, retaining walls,
pathways and driveways;
e. Proposed grading including:
1. Limits of cut and fill area including the
"daylight" line where the proposed grading
conforms to the existing ground;
11. Finish floor elevations;
111. Sufficient finish surface elevations on all
pavements to show slope and drainage;
IV. Top, toe and slope of all banks;
v. Top, bottom and height of all retaining walls;
VI. Quantities of cut and fill;
f. Proposed drainage improvements including:
1. Location and type of all inlets;
11. Elevations of grate and pipe inverts at all
storm drain structures;
. .. Storm drain pipes size, slope and material;
111.
IV. Location and detail for the outlet dissipater;
v. Direction of surface flow;
g. Construction notes, sections and details as required;
h. Location and elevation for the benchmark to be used
for construction; and,
1. Signature blocks for the Public Works Director,
Geotechnical Engineer and the DSRSD.
18. Erosion Control. The applicant shall prepare an Erosion PW Prior to Grading IPW
Control Plan for review and approval of the Public Works / Sitework
Director. The contractor is responsible for all measures Permit
necessary to prevent erosion of the site. As a minimum the
erosion and sedimentation control measures shown on the
Erosion Control Plan shall be in place from October 1 st to
April 15th or beyond these dates if dictated by rainy weather,
or otherwise directed by the City Engineer/ Public Works
Director .
19. DSRSD Signature. The Grading, Drainage and Improvement PW Prior to Grading IPW
Plan shall be signed by DSRSD approving the sanitary sewer / Sitework
and water facilities. DSRSD will require all fees and Permit or
agreements to be completed prior to siQ:ninQ:. Building Permit
20. Driveways. The driveways approaches shall be constructed PW Prior to Grading IPW
in accordance with City Standard Detail SD-306. / Sitework
Permit or
Building Permit
21. Driveways exceeding 12%. If the slope exceeds 12% the PW Prior to PW
driveway profile shall be constructed in accordance to City Grading /
Standard Detail CD-305. Any portion of the driveway over Sitework
20% shall have special surface treatment to increase traction. Permit
UTILITIES
22. Utilities. The applicant shall secure all utilitv services to the PW I Prior to IPW
7
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
site, including but not limited to electricity, telephone, cable Building Permit
television, water, sewer and other required utility services in
accordance with the requirements and specifications of the
utility company. The Dublin San Ramon Services District
(DSRSD) may require the water and sewer service to be fitted
with a backflow prevention device. In addition, the existing
water service pipe in Brittany Lane may not be large enough to
accommodate the required flow rates for this home because of
the need for fire sprinklers, and therefore may need to be
upsized. The applicant shall comply with all applicable
regulations of the DSRSD. The applicant shall obtain
encroachment permit from the City prior to any work within the
City right-of-way.
CONSTRUCTION
23. Hours of Construction. Standard construction and grading PW During ÞW
hours shall be limited to weekdays (Monday through Friday) construction
and non-City holidays between the hours of 7:30 a.m. and 6:00
p.m. The Applicant/Developer may request reasonable
modifications to such determined days and hours, taking into
account the seasons, impacts on neighboring properties, and
other appropriate factors, by submitting a request form to the
City Engineer/Public Works Director. For work on Saturdays
or Sundays, said request shall be submitted no later than 5:00
p.m. the prior Wednesday. Overtime inspection rates will apply
for all after-hours, Saturday, and/or holiday work.
24. Dust Control. The contractor is responsible for preventing dust PW During IPW
problems from the site by watering graded areas or other construction
palliative measures as conditions warrant or as directed by the
Public Works Director.
25. Parking. Construction and workers vehicles shall not park on PW During IPW
the north side of Brittany Lane. Double parking will not be construction
allowed.
26. Noise Control. Construction shall be conducted in a manner to PW During PW
minimize the impacts on the existing community which shall construction
include as a minimum the following;
a. All construction equipment shall be fitted with noise
muffling devices,
b. Construction equipment shall not be left idling while not
in use, and,
c. Radios and loudspeakers shall not be used outside of the
building.
27. Trash and Debris Control. Measures shall be taken to contain PW During PW
all construction related trash, debris, and materials on site until construction
disposal off-site. The contractor shall keep the adjoining public
streets and properties free and clean of project dirt, trash and
construction materials.
28. Construction Fence. The applicant shall install a temporary PW During IPW
fencelbarrier across the rear yard five (5) feet beyond the construction
dripline(s) of the Heritage Oak Tree(s) to demarcate the limits
of grading. The fencelbarrier shall be placed in such a manner
8
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
to restrict construction activities, material storage, trash, and
debris from going down slope of the construction area. This
barrier is in addition to the Tree Protection fencing specified
below in Condition 29.
29. Construction Noise Management Program/Construction PW Prior to DW
Impact Reduction Plan. Applicant/Developer shall conform to acceptance of
the following Construction Noise Management improvements
Program/Construction Impact Reduction Plan to reduce by City
construction impacts: Council
a. The construction site shall be watered at regular
intervals during all grading activities. The frequency
of watering should increase if wind speeds exceed 15
miles per hour. Watering should include all excavated
and graded areas and material to be transported off-
site. Construction equipment shall use recycled or
other non-potable water resources where feasible;
b. Construction equipment shall not be left idling while
not in use;
c. Construction equipment shall be fitted with noise
muffling devices;
d. Mud and dust carried onto street surfaces by
construction vehicles shall be cleaned-up on a daily
basis;
e. Excavation haul trucks shall use tarpaulins or other
effective covers;
f. Upon completion of construction, measures shall be
taken to reduce wind erosion. Replanting and
repaving should be completed as soon as possible;
g. After grading is completed, fugitive dust on exposed
soil surfaces shall be controlled using the following
methods:
i. Inactive portions of the construction site shall be
seeded and watered until grass growth is evident.
ii. All portions of the site shall be sufficiently
watered to prevent dust; and,
h. The Department of Public Works shall handle all dust
complaints. The City Engineer/Public Works Director
may require the services of an air quality consultant to
advise the City on the severity of the dust problem and
additional ways to mitigate impact on residents,
including temporarily halting project construction.
Dust concerns in adjoining communities as well as the
City of Dublin shall be addressed. Control measures
shall be related to wind conditions. Air quality
monitoring of PM levels shall be provided as required
by the City EnQ:ineer/Public Works Director.
30. Damaged Improvements. The applicant shall repair to the PW Prior to rW
satisfaction of the Public Works Director all damaged street occupancy
curb, gutter, sidewalk and pavement on the lot frontage.
31. Location of Existing Subdrain. An existing sub drain is shown PW Prior to pier- PW
on the Preliminary Grading Plan by RMR Design Group (dated hole drilling
April 2002) as being located beneath Lots 8 through 11. The operations
subdrain shall be accurately surveyed prior to pier-hole drilling
9
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
operations. In addition, the subdrain location should be
considered in the pier-hole lavout.
32. DSRSD Fees. All utility connection fees including DSRSD and DSRSD Prior to DSRSD
Zone 7, plan checking fees, inspection fees, connection fees, issuance of
and fees associated with a wastewater discharge permit shall be any Building
paid to DSRSD in accordance with the rates and schedules or
established in the DSRSD Code. Construction
Permit by
DSRSD
33. Traffic Impact Fees: The applicant shall pay applicable traffic PW Prior to PW
impact fees as required by the City. issuance of
building
Dermit
FIRE AND EMERGENCY SERVICES
34. Automatic Fire Sprinkler System. Automatic Fire Sprinkler BLDG Prior to p
Systems shall be required in all buildings that are adjacent to issuance of
Open Space or Undeveloped Land. The installation of the building permit
Automatic Fire Sprinkler System shall be in accordance with and Ongoing
aDDroved City standards.
35. Wildfire Management Plan and the Heritage Tree F,B Prior to p
Ordinance. The Applicant shall comply with the Wildfire issuance of
Management Plan and the Heritage Tree Ordinance as follows: Building
Permits and
a. The building shall be equipped with an automatic Ongoing
sprinkler system and the sprinkler system shall be
monitored by a UL certified central station company;
b. The roof covering shall be Class A rated. For roof
coverings where the profile allows a space between the
covering and decking, the space at the eave ends shall
be fire stopped precluding entry of embers or flames.
Roof decking shall be shall be solid; space sheathing
shall be prohibited;
c. The underside of the eaves shall be one-hour rated.
Fascias shall be constructed as to be protected on the
backside by materials approved for one-hour fire
resistive construction or 2-inch nominal dimension
lumber;
d. The exterior wall on the side facing the open space and
the two adjacent sides shall be one hour rated (3 walls);
e. The exterior doors shall be non-combustible or solid
core 1 % inch thick;
f. Attic vents or other vent openings shall not exceed 144
sq. in. and covered with non-combustible corrosion
resistant mesh with openings not to exceed 1.4 inch.
Attic ventilation openings shall not be located in soffits,
eave overhangs, between rafters at eaves, or in other
overhang areas. Under floor ventilation openings shall
be located as close to grade as practical;
g. The windows shall be dual pane tempered on the side
facing the open space and the two adjacent sides.
10
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
h. Clearly show heritage trees on the site plan. Show the
drip lines of the trees on the plan;
1. The structural members in the under floor areas shall be
one hour rated. Metal structural members shall be used
in place of wood in construction of all under floor areas
that are enclosed to the ground with exterior walls as
required in the Wildfire Management Plan;
J. Comply with the vegetation guidelines. This requires
that a five (5) foot area of non-combustible materials,
flowers, plants, gravel or soil be maintained around the
house.
k. Gutters and downspouts shall be constructed of
noncombustible material;
I. Unenclosed accessory structures attached to the building
with habitable space and projections, such as decks,
shall be of one-hour fire resistive construction, heavy
timber, or constructed of noncombustible material.
When the attached structure is located and constructed
so that the structure or any portion thereof projects over
a descending slope surface, the area below the structure
shall have all under floor area enclosed to within 6
inches of the ground with exterior walls;
m. All accessory structures shall be constructed pursuant to
requirements of the Wildfire Management Plan;
n. Fences shall constructed of combustible materials shall
be separated from the perimeter of the buildings
containing habitable space by connecting to the building
with a masonry pilaster.
36. Applicable regulations and requirements. The F Prior to F
Applicant/Property Owner shall comply with all applicable issuance of
regulations and requirements of the Alameda County Fire Building
Permits and
Department (ACFD), City of Dublin Standards, including Ongoing
minimum standards for vegetation management and emergency
access roads and payment of all appropriate fees, including City
of Dublin Fire facility fees.
37. Smoke Detectors. Residential smoke detectors shall be installed F Prior to F
as required by California Building Code section 310.9. issuance of
Building
Permits
38. Fire safety during construction. The following is applicable F Prior to ~
during the construction phase: delivery of
a. The combustibles on the site shall be removed any
prior to start of construction; combustible
material
b. Article 87 of the Fire code shall be followed
concerning fire safety during the construction,
demolition or repair, and the following
requirements shall be provided to the project
11
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
manager and job contractor who shall notify all
employees and sub-contractors of the
requirements;
c. Access roads shall be installed prior to
building!site construction occurring;
d. Water supply shall be installed and in-service
prior to building!site construction occurring;
e. Access roads, turnarounds, pullouts, and fire
operation areas and fire water supplies shall be
maintained clear and free of obstructions,
including parking. These areas are required fire
lanes and shall be passable fire equipment at all
times;
f. A means to contact emergency services and a
minimum of one 4A 20BC fire extinguisher
shall be provided at the job site;
g. Hot work activities such as welding, cutting,
torches, and flame producing operations shall be
in accordance with the Fire code; and,
h. All construction equipment / machinery /
devices with internal combustion engines shall
be equipped with approved spark arrestors while
operating in this project area.
39. Numbers or Addresses. Approved numbers or addresses shall F Prior to IP
be placed on all new buildings. The address shall be positioned Occupancy
as to be lighted, plainly visible and legible from the street or road
fronting the property. Said numbers shall contrast with their
background (CFC, 1998, Section 901.4.4)
40. Uniform Building and Fire Codes. The project shall comply F Prior to II-'
with Uniform Building and Fire Codes as adopted by the City of Completion
Dublin. All project construction shall conform to all fire codes
and ordinances in effect at the time of building Dermits.
41. Sprinkler System. Provide a note on the drawing showing that F Prior to IF
the building is provided with a sprinkler system as follows: issuance of
a. The sprinkler system shall be designed and installed in Building
compliance with N.F.P.A. 13D. Permits
b. Contact the Fire Department at least 48 hours in advance
for required underground inspections and hydrostatic test
of all system components.
c. The sprinkler system shall be monitored by a central
station monitoring as defined in N.F.P.A. Standard No.
n. (Required by the Heritage Tree Ordinance).
d. Submit detailed shop drawings of all sprinkler
modifications to the Fire Department for approval and
permit prior to installation.
POLICE SECURITY
42. Residential Security Requirements. The development shall B,PO Prior to IB, PO
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DEPART. Prior to:
comply with the City of Dublin Residential Security Occupancy
Requirements. Security hardware must be provided for all
doors, windows, roof, vents, and skylights and any other areas
per Dublin Police Services recommendations and requirements.
At the beginning of the construction, an address sign of
adequate size and color shall be posted on site. Additionally,
during construction security measures shall be taken to secure
equipment and materials, including barricades, locking boxes,
and contact information.
43. Lighting. Lighting shall be installed over all exterior doors in B,PO Prior to B,PO
conformance with the Residential Security Requirements. Occupancy of
first residence
44. Graffiti and Vandalism. The Applicant/Developer shall keep B,PO Prior to B,PO
the site clear of graffiti and other vandalism on a regular and Occupancy of
continuous basis at all times. first residence
45. During Construction. During construction, the ß,PO 8ngoing B,PO
Applicant/Developer shall:
a. Provide the Police Services Department with a 24-hour
contact number for use by emergency responders; and,
b. Post the site with signs stating "NO TRESPASSING."
The signs shall also include regular hours of construction.
PARKS
46. Public Facilities Fee. Applicant/Developer shall pay a Public PCS As indicated in PCS
Facilities Fee in the amounts and at the times set forth in City of Condition of
Dublin Resolution No. 195-99, or in the amounts and at the Approval
times set forth in any resolution revising the amount of the
Public Facilities Fee.
ARCHITECTURE
47. Exterior lighting. Exterior lighting shall be of a design and PL Ongoing PL
placement so as not to cause glare onto adjoining properties.
Lighting used after daylight hours shall be minimized to provide
for security needs only.
48. Fencing and Retaining Walls. The design, location and PL Prior to PL
materials of all fencing and retaining walls shall be subject to approval of
review and approval by the Community Development Director. Final
Landscaping
and Irrigation
Plans.
49. Increase in height of residences prohibited. Any increase in PL Ongoing PL
height of the residence proposed with this project beyond that
approved by the City with this application is prohibited.
50. Colors and Materials. Building colors and materials shall PL Ongoing PL
generally conform to colored elevations and materials sheet
dated received February 17, 2004.
LANDSCAPING
51. Final Landscaping and Irrigation Plan. Applicant/Developer PL Prior to Z.O.
shall submit a Final Landscaping and Irrigation Plan, building permit
conforming to the requirements of Section 8.72.030 of the
Zoning Ordinance (unless otherwise required by this
Resolution) and the various Heritage Tree protection
requirements, stamped and approved by the Director of Public
Works and the Director of Community Development. The plan
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NO. CONDITION TEXT RESPON. WHEN SOURCE
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DEPART. Prior to:
should generally conform to the landscaping plan shown on the
Site DeveloDment Review Dlans.
52. Wildfire Management Plan. The Final Landscaping and F Prior to ¡::;'
Irrigation Plan shall be in accordance with the City of Dublin building permit
Wildfire Management Plan.
53. Landscape Installation. Prior to final occupancy approval, all PL,B Prior to PL
required landscapinQ: and irriQ:ation, shall be ínstalled. occuDancy
54. Drought-tolerant and/or native species. The landscape design PL Prior to l.O.
and construction shall emphasize drought-tolerant and/or native occupancy
species wherever possible.
DSRSD
55. Conformance to DSRSD Requirements. Prior to issuance of DSRSD Prior to DSRSD
any building permit, complete improvement plans shall be issuance of
submitted to DSRSD that conform to the requirements of the Building
Dublin San Ramon Services District Code, the DSRSD Permits
"Standard Procedures, Specifications and Drawings for Design
and Installation of Water and Wastewater Facilities", all
applicable DSRSD Master Plans and all DSRSD policies. Prior
to the issuance of a building permit, all utility connection fees,
plan check fees, inspection fees, permit fees and fees associated
with a wastewater discharge permit shall be paid to DSRSD in
accordance with the rates and schedules established in the
DSRSD Code.
56, Gravity Flow. Sewers shall be designed to operate by gravity DSRSD Ongoing DSRSD
flow to DSRSD's existing sanitary sewer system. Pumping of
sewerage is discouraged and may only be allowed under extreme
circumstances following a case by case review with DSRSD
staff. Any pumping station will require specific review and
approval by DSRSD of preliminary design reports, design
criteria, and final plans and specifications. The DSRSD reserves
the 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.
57. Connection Fees. Prior to issuance by the City of any Building DSRSD Ongoing DSRSD
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.
58. Signed by the District Engineer. Prior to the issuance of a DSRSD Prior to DSRSD
building permit, all improvement plans for DSRSD facilities issuance of
shall be signed by the District Engineer. Each drawing of Building
improvement plans shall contain a signature block for the Permits
District Engineer indicating approval of the sanitary sewer or
water facilities shown. Prior to approval by the District
Engineer, the Applicant shall pay all required DSRSD fees, and
provide an engineer's estimate of construction costs for the
sewer and water systems, a performance bond, a one-year
maintenance bond, and a comprehensive general liability
insurance policy in the amounts and forms that are acceptable to
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NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
DSRSD. The Applicant shall allow at least 15 working days for
final improvement drawing review by DSRSD before signature
by the District Engineer.
59. Sewer and Water. No sewer line or water line construction DSRSD Ongoing DSRSD
shall be permitted unless the proper utility construction permit
has been issued by DSRSD. A construction permit will only be
issued after all of the items in the condition immediately before
this one have been satisfied.
60. Hold Harmless and Indemnify. The Applicant/Property Owner DSRSD Ongoing DSRSD
shall hold DSRSD, its Board of Directors, commissions,
employees, and agents of DSRSD harmless and indemnify and
defend the same from any litigation, claims, or fines resulting
from completion of the Droiect.
61. Construction Permit. The Applicant/Property Owner shall DSRSD Prior to DSRSD
obtain a limited construction permit from the DSRSD prior to commencemen
commencement of any work. of anv work
62. Construction by Applicant/Developer. All onsite potable and DSRSD Completion of DSRSD
recycled water and wastewater pipelines and facilities shall be Improvements
constructed by the Applicant/Developer in accordance with all
DSRSD master plans, standards, specifications and
reauirements.
63. DSRSD Water Facilities. Water facilities must be connected to DSRSD Completion of DSRSD
the DSRSD or other approved water system, and must be Improvements
installed at the expense of Applicant/Developer in accordance
with District Standards and Specifications. All material and
workmanship for water mains and appurtenances thereto must
conform with all of the requirements of the officially adopted
Water Code of the District and shall be subject to field
inspection by the District.
64. The applicant shall coordinate with the District and Alameda DSRSD Approval of DSRSD
County Fire Department on required fire flows. Improvement
Plans
BillLDING AND SAFETY
65. Building Permits. To apply for building permits, the Applicant B, PL, PW Prior to B, PL, PW
shall submit eight (8) sets of full construction plans for plan issuance of
check. Each set of plans shall have attached an annotated building
copy of these Conditions of Approval. The notations shall permits
clearly indicate how all Conditions of Approval will be complied
with. Construction plans will not be accepted without the
annotated conditions attached to each set of plans. The
Applicant/Developer will be responsible for compliance with all
Conditions of Approval specified and obtaining the approvals of
all participating non-City agencies prior to the issuance of
building or grading permits.
66. Construction plans. Construction plans shall be fully B, PL, PW Prior to B, PL, PW
dimensioned (including building elevations) accurately drawn issuance of
(depicting all existing and proposed conditions on site), and building
prepared and signed by a California licensed Architect or permits
Engineer. The site plan, landscape plan and details shall be
consistent with each other.
67. Postal authorities. The developer shall confer with the local PL Prior to PL,
postal authorities to determine the type of mail receptacles issuance of PD
necessarv and Drovide a letter statinQ: their satisfaction with the Building 85-035
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NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
type of mail service to be provided. Specific locations for such Permit
units shall be to the satisfaction of the Postal Service.
68. Air Conditioning Units. Air conditioning units and ventilation B,PL Prior to B,PL
ducts shall be screened from public view with materials Occupancy of
compatible to the main building and shall not be roof-mounted. Unit
Units shall be permanently installed on concrete pads or other
non-movable materials to be approved by the Building Official
and the 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 PD
text.
69. Engineer Observation. The Engineer of record shall be retained B,PL Prior to Final B,PL
to provide observation services for all components of the lateral Frame
and vertical design of the building, including nailing, holdowns, Inspection and
straps, shear, roof diaphragm and structural frame of building. Ongoing
Engineer shall certify elevations above grade of floors and roof
framing. A written report shall be submitted to the City
Inspector prior to schedulinQ: the final frame inspection.
HERIT AGE TREES
70. Heritage Tree Protection Plan. The Applicant/Developer PL Ongoing PD
shall comply with the requirements of the Heritage Tree 85-035,
Protection Plan prepared by Hortscience for the Black Heritage
Mountain subdivision and updated for the project, P A 04-005, Tree
at 11183 Brittany Lane in the letter prepared by Hortscience Ordin-
dated received February 17, 2004, on file in the Department of ance
Communitv DeveloDment.
71. Heritage Tree Protection Zone. The Heritage Tree Protection PL Prior to PD
Zone shall completely surround those trees to the satisfaction issuance of 85-035,
of the City's arborist. Subject to the provisions of Condition Grading Permit Heritage
96 below, a fence shall completely surround and define the and Through free
Heritage Tree Protection zone to the satisfaction of the City's Construction Jrdinance
arborist prior to grubbing, grading and construction. Fences
shall be 6 feet tall chain link or equivalent as approved by the
consulting arborist. Fences are to remain until all grading and
construction is completed.
72. No underground services. No underground services PL Ongoing PD
including utilities, sub-drains, water or sewer lines shall be 85-035,
placed in the Heritage Tree Protection Zone. Heritage
free
Jrdinance
73. Tree Preservation Notes. Tree Preservation Notes, prepared PL Prior to PD
by the consulting arborist, shall be included on all construction issuance of S5-035,
plans. Building Heritage
Permit iT ree
þrdinance
74. Irrigation systems. Irrigation systems must be designed so PL Prior to PD
that no trenching will occur within the Heritage Tree issuance of 85-035,
Protection Zone. Building Heritage
Permit Tree
Ordinance
75. Damage by Other Improvements. No landscape PL Ongoing PD
improvements such as lighting, pavement, drainage or planting 85-035,
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NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
may occur which may negatively affect the health or structural Heritage
stability of the trees. rree
Ordinance
76. Expansive Soils. Foundations, footings and pavement on PL Prior to PL
expansive soils near the Heritage Trees should be designed to issuance of
withstand differential displacement due to expansion and Building
shrinking of the soil. Permit
77. Pruning. All pruning, including after completion of PL On-going PD
construction, shall be completed by a Certified Arborist and 85-035,
Tree Worker in the presence of City designated personnel and Heritage
be in conformance with the guidelines of the International Tree
Society of Arboriculture, Tree Pruning Guidelines, current Ordinance
edition, on file in the Community Development Department.
In addition, pruning shall be in conformity with the provisions
of the Pruning Specifications of the Heritage Tree Protection
Plan for this project. Pruning shall not be allowed for the
purposes of modifying the driD line of any Heritage Tree.
78. Pre-Grading/Pre-Construction Meeting. Prior to work, the PL Prior to PL
contractor must meet with the Applicant's and the City's issuance of
consulting arborist at the site to review all work procedures, Building
access routes, storaQ:e areas and tree Dfotection measures. Permit
79. No Dumping or Storage. No excess soil, chemicals, debris, PL Prior to PD
equipment or other materials shall be dumped or stored within issuance of 85-035,
the Tree Protection Zone. Spoil from trench, footing, utility or Grading Permit Heritage
other excavation shall not be placed within Heritage Tree free
Protection Zone. Ordinance
80. Damage during Construction. If damage should occur to PL Ongoing PD
any tree during construction it shall be immediately reported to ~5-035,
the Director of Community Development so that proper Heritage
treatment may be administered. The Director will refer to a free
City selected Arborist to determine the appropriate method of Ordinance
repair of any damage. The cost of any treatment or repair shall
be borne by the developer/applicant responsible for the
development of the project. Failure to do so may result in the
issuance of a stOD work order.
81. Aerial Inspection. While in the tree, the arborist shall perform PL Ongoing PL
an aerial inspection to identify defects that require treatment.
Any additional work needed shall be reported to the Project
Arborist.
82. Climbing of Trees. Trees shall not be climbed with spurs. PL Ongoing IPD
Thinning cuts are to be employed rather than heading cuts. ~5-035,
Trees shall not be topped or headed back. ~eritage
Œ'ree Ord.
83. Parking of Equipment. Vehicles and heavy equipment shall PL Ongoing PD
not be parked beneath the trees. If access by equipment is 85-035,
required to accomplish the specified pruning, the soil surface Heritage
shall be protected with 6 inches to 8 inches of wood chips Tree
before placing equiDment or vehicles. Ordinance
84. Servicing and Fueling of Vehicles. Equipment shall be PL Ongoing PL
serviced and fueled outside the tree canopy to avoid accidental
spills in the root area.
85. Observation by Certified Arborist. A certified arborist shall PL Ongoing PD
be present on the Droiect site during grading or other 85-035,
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NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
construction activity that may impact the health of the Heritage Heritage
Trees in this project. Tree Ord.
86. Guide to Maintenance for Native Oaks. The applicant's PL Prior to PD
arborist shall prepare a Guide to Maintenance for Native Oaks occupancy 85-035,
that describes the care needed to maintain tree health and Heritage
structural stability including pruning, fertilization, mulching Tree
and pest management as may be required. In addition, the Ordinance
Guide shall address monitoring both tree health and structural
stability of trees. As trees age, the likelihood of failure of
branches or entire trees increases. Therefore, annual
inspection for hazard potential should be addressed in the
Guide. A copy of this Guide shall be provided to the
homeowner.
87. Bond or Security Deposit. The applicant/developer shall PL Prior to PD
guarantee the protection of the Heritage Trees on the project issuance of 85-035,
site through placement of a cash bond or other security deposit Building Heritage
in the amount equal to the valuation of the trees as determined Permit and Tree
by the Director of Community Development. The cash bond Ongoing for Ordinance
or other security shall be retained for a reasonable period of up to one-
time following the occupancy of the residence, not to exceed year beyond
one year. The cash bond or security is to be released upon occupancy
satisfaction of the Director of Community Development that
the Heritage Trees have not been damaged or endangered by
construction activities. The cash bond or security deposit shall
be forfeited toward payment of the civil penalty for damages,
pursuant to Section 5.60.120 for any removal or destruction of
a Heritage Tree.
88. Public Utilities in Vicinity of Heritage Tree. Any public PL Ongoing PL
utility installing or maintaining any overhead wires or
underground pipes or conduits in the vicinity of a Heritage
Tree in this project shall obtain permission from the Director
of Community Development before performing any work
which may cause iniury to the Heritage Tree.
89. No Heritage Tree on the project site shall be removed. No PL Ongoing Heritage
Heritage Tree on the project site shall be removed unless its rrree
condition presents an immediate hazard to life or property. þrdinance
Such Heritage Tree shall be removed only with the approval of
the Director of Community Development, City Engineer,
Police Chief, Fire Chief or their designee.
90. All Oak trees are Heritage Trees. All Oak trees on the PL Ongoing Heritage
project site addressed by the Heritage Tree Protection Plan are Tree
designated as Heritage Trees by this Site Development Review Ordinance
and shall be protected by the provisions of the Heritage Tree
Ordinance Dursuant to Section 5.60.40.2.
91. Heritage Tree Ordinance. All work shall comply with City of PW,PL Ongoing DMC
Dublin Heritage Tree Ordinance.
92. Disclosure Upon Future Sale. The Applicant/Developer shall PL On- going PL
disclose upon any future sale of the property the following
information and current regulations: the location of all
Heritage Trees on the property; the provisions of the Heritage
Tree Ordinance; and the provisions of the Guide to
Maintenance for Native Oaks, reQuired above.
93. Arborist Review of Site Plan and Drainage. The project PL On-going PL
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NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
arborist shall review and approve the site plan and the arborist
shall be present on site during installation of the drainage
systems within the drip line of the Heritage Trees.
94. Drainage System Design. Drainage lines at the rear of the PL On-going ~eritage
house marked 6" PVC on the site pan shall be redesigned or free
relocated out of the drip line of the Heritage Trees. Staff brdinance
recommends connecting the rear drain lines to the drainage
inlet on the east property line.
95. Staking and Staking Plan. After the Tree Protection Zone has PL Prior to PL
been established and the site has been cleared and graded, the issuance of
dimensions of the home, projections and deck shall be staked. Building
The stakes shall be reviewed and approved by the Community Permit and
Development Director or his designee prior to issuance of on-gomg
building permit. The Applicant/Developer shall request an
inspection of the staking from the Community Development
Director or his designee. The Applicant/Developer shall submit
a staking plan and a letter prepared by a licensed surveyor,
verifying that the stakes on the property accurately represent
the staking plan to the Community Development Director or his
designee for review and approval no fewer than three (3) days
prior to the inspection. Staking shall include each corner of the
dwelling to accurately define the footprint of the building with
all projections, including decks. The staking shall also include
foundation staking points in a contrasting color which shall
remain in place while foundation work is under construction
and shall be removed only after the foundation inspection has
been approved and the foundation has been poured. An
inspection from the Community Development Director or his
designee is required prior to removal of the foundation stakes.
96. Encroachment of Drip Lines. No structure shall encroach to PL Prior to
within 5 feet of the drip line of a Fire Resistive Heritage Tree. issuance of
Bldg. Permit
PASSED, APPROVED and ADOPTED this 22nd day of June, 2004.
AYES:
NOES:
ABSENT:
ABST AIN:
Cm. Fasulkey, Nassar, Jennings, and Machtmes
King
ATTEST:
Pl]t:agCr
} I')
,/ '
i .. /~ /./
i'
G:P A#/2004/04-005/fmalreso062204,doc
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