Loading...
HomeMy WebLinkAboutReso 039-87 Pulte TentMapAppeal RESOLUTION NO. 39 - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING ON APPEAL TENTATIVE MAP REQUEST PA 87-051 PULTE HOMES CORPORATION - BETLEN DRIVE FOR A PROPOSED SINGLE FAMILY RESIDENTIAL DEVELOPMENT OF 25 LOTS PROPOSED OVER AN 8.4+ ACRE PROPERTY FRONTING ALONG THE SOUTH SIDE OF THE TERMINUS OF BETLEN DRIVE WHEREAS, Pulte Homes Corporation requests approval of a Tentative Map to allow the subdivision of 8.4+ acres of land lying in the southwest corner of the City into a 25-1ot subdivision for proposed development with s{ngle family residential units; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for the purpose of ~ale, lease or financing unless a Tentative Map is acted upon, and a Final Map is approved consistent with the Subdivision Map Act and City of Dublin Subdivision Regulations; and WHEREAS, the Dublin Planning Commission on May 4, 1987, adopted Resolution No. 87-032, conditionally approving Tentative Map request PA 87-051; and WHEREAS, the Planning Commission's action of May 4, 1987, approving Tentative Map request PA 87-051 was subsequently appealed; and WHEREAS, the City Council did hold a public hearing on the appeal on June 8, 1987; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, the June 8, 1987, Staff Report was submitted recommending that the Tentative Map request be approved subject to Conditions prepared by Staff; and WHEREAS, the City Council did hear and consider all said reports and recommendations as herein above set forth; and WHEREAS, pursuant to State and City environmental regulations, a Mitigated Negative Declaration of Environmental Significance has been previously adopted for the subject Tentative Map request (City Council Resolution No. 38 - 87); and WHEREAS, the City Council finds that the Tentative Map request will not have a significant environmental impact; NOW, THEREFORE, BE IT RESOLVED THAT THE City Council does hereby find: Tentative Map 5777 is consistent with the intent of applicable Subdivision Regulations and City Zoning and related Ordinances. Tentative Map 5777 is consistent with the City's General Plan as it applies to the subject property. Tentative Map 5777 will not result in the creation of significant environmental impacts. Tentative Map 5777 will not have substantial adverse effects on health or safety or be substantially detrimental to the public welfare, or be injurious to property or public improvements. The site is physically suitable for the proposed development in that the site is indicated to be geologically satisfactory for the type of development proposed in locations as shown, provided the geological consultant's recommendations are followed; and the site is in a good location regarding public services and facilities. -1- The site is physically suitable for the proposed development in that the design and improvements are consistent with those of similar existing residential developments which have proven to be satisfactory. The request is appropriate for the subject property in terms of being compatible to existing land uses in the area, will not overburden public services, and will facilitate the provision of housing of a type and cost that is desired, yet not readily available in the City of Dublin. General site considerations, including unit layout, open space, topography, orientation and the location of future buildings, vehicular access, circulation and parking, setbacks and similar elements have been designated to provide a desirable environment for the development. This project will not cause serious public health problems in that all necessary utilities are, or will be, required to be available and Zoning, Building, and Subdivision Ordinances control the type of development and the operation of the uses to prevent health problems after development. BE IT FURTHER RESOLVED that the City Council approves Tentative Map 5777 - PA 87-051 subject to the conditions listed below: CONDITIONS OF APPROVAL Unless otherwise specified the following conditions shall be complied with prior to the recordation of the Final Map. Each item is subject to review and approval by the Planning Department unless othewise specified. GENERAL PROVISIONS This approval is for a single family residential development for 25 lots over an 8.4± acre property. Development shall be substantially consistent with the Tentative Map labeled Tentative Tract 5777, consisting of one sheet prepared by Bissell & Karn, Inc., Civil Engineers, and dated received April 6, 1987, and the Preliminary Landscape & Development Plan consisting of one sheet, also prepared by Bissell & Karn, Inc., Civil Engineers, and dated received April 29, 1987. Site Development Review for the proposed residential structures, Final Grading Plan and slope landscape and irrigation treatment for this project shall be secured prior to the recordation of the Final Map for this subdivision. Development of this site shall be modified to substantially conform to Alternate "B" Development Plan, covering Lots #1 through #11, consisting of one sheet also prepared by Bissell & Karn, Inc., and dated received May 27, 1987. Except as may be specifically provided for within these Conditions of Approval, the development shall comply with City of Dublin Site Development Review Standard Conditions. Except as may be specifically provided for within these Conditions of Approval, development shall comply with City of Dublin Police Services Standard Residential Building Security Requirements. Approval of this Tentative Map is for two and one-half years (until November 13, 1989) as is specified in Section 8-2.9 of the Subdivision Ordinance. 5. Minimum dimensional criteria for the single family residential units established in this project shall be as follows: a. Front yards b. Side Yards Rear Yards - useable. 20-foot minimum 8-foot minimum (with 5-foot flat and useable 12-foot minimum street side sideyard with 7 foot minimum flat and useable - Wherever feasible, flat and useable areas for sideyards shall be established so as to provide a minimum 8-foot flat and useable area, to provide adequate width to accommodate vehicular access to the rear of the individual lots. 20-foot minimum with 15-foot minimum to be flat and -2- d. Pad Areas - 50' x 90' minimum, with the 50' width measured at the front setback line and carried through to the rear of the lot. e. Minimum Rearyard Flat and Useable Areas - 1,350 square foot minimum (measured from the rear face(s) of the respective residential structures to the adjoining toe or top of slope). The Rearyard Flat and Useable Areas for Lots # 6 through #9 shall be subject to review and approval through the Site Development Review process cited in Condition #1 above. The Rearyard Flat and Useable Area and the Sideyard Flat and Useable Areas for Lot #25 shall be sublect to review and approval through the Site Development Review process cited in Condition #1 above. The building face of the second story of units built in this project shall generally observe an additional frontyard setback standard of five feet + as measured from the building face of the garage. Two-story units shall generally avoid use of shed-type roof designs, but rather shall generally utilize roof designs which serve to mitigate possible visual impacts resulting from the height of the units. ARCHEOLOGY If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. BONDS 7. Prior to release by the City Council of the performance and labor and materials securities: a. All improvements shall be installed as per the approved Improvement Plans and Specifications. b. All required landscaping along and/or within public streets shall be installed and established. An as-built landscaping plan for landscaping along and/or within public streets prepared by a Landscape Architect, together with a declaration that the landscape installation is in conformance with the approved plans. d. The following shall have been submitted to the City Engineer: l) An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. 2) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. 3) A declaration by the project Geologist or Soils Engineer that all work was done in accordance with the recommendations contained in the soil and geologic investigation reports and specifications, and that continuous monitoring was performed by a representative of the Soils Engineer. 4) A declaration by the project Civil Engineer or Land Surveyor that the finished graded building pads are within ± 0.1 feet in elevation of those shown on the grading plan (or to any approved modified grades). DEBRIS Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The Subdivider shall be responsible for corrective measures at no expense to the City of Dublin. -3- The Subdivider shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean-up shall be made during the construction period, as determined by the City Engineer. DRAINAGE 10. Drainage facilities for this subdivision shall be provided as required by the City Engineer and shall include the following: Concrete drainage ditches shall be installed at the rear of Lots #17 through #19 with a storm drain installed to connect these ditches to the proposed storm drain in the adjacent street. Discharge of this condition may be granted by the City Engineer if an alternate design solution is determined to be acceptable. b. All lot pads shall drain to their own street frontage. 11. Roof drains shall be tied into the storm drain system in a manner approved by the City Engineer. 12. A minimum of 12" diameter pipe shall be used for all public storm drains to ease maintenance and reduce potential blockage. 13. Where storm overflows would flow through lots rather than follow the street, the storm drain system shall be designed for a major storm to avoid the flooding of lots. 14. Side slope areas and rear slope areas shall be adjusted as determined necessary by the City Engineer to accommodate the location of the proposed storm drainage facilities and easement. EASEMENTS 15. Where the Subdivider does not have easements, he shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements required outside of the property. Original copies of the easements and/or rights-of-entry shall be in written form and shall be furnished to the City Engineer. 16. Existing and proposed access and utility easements shall be submitted for review and approval by the City Engineer prior to the grading and improvement plan. These easements shall allow for practical vehicular and utility service access for all lots. 17. Public utility easements shall be established for the electric distribution system and to provide for lines for the Telephone Company. ENERGY 18. All units shall contain standard and currently available energy saving devices, and shall be insulated in accordance with Title 24, State of California Administrative Code. All buildings shall be designed to comply with Title 24 Energy Regulations. FIRE 19. Development shall be subject to the requirements of the DSRSD Fire Department as stated in part by the District's letters of March 24, 1986, and August 26, 1986. The Subdivider is advised that DSRSD has determined that the subject property is within the District's Third Zone Pressure Area. As such, the development will have to develop in accordance to the Third Zone Pressure Gonditions of tying to the Black Reservoir and construction of a new pumping facility, or in an alternate manner determined acceptable to the District. 2O. All materials and workmanship for fire hydrants, gated connections, and appurtenances thereto, necessary to provide water supply for fire protection, must be installed by the Subdivider and conform to all requirements of the applicable provisions of the Standard Specifications of Dublin San Ramon Services District. All such work will be subject to the joint field inspection of the City Engineer and Dublin San Ramon Services District. 21. All dwelling units within the project shall incorporate smoke detectors within the structure and spark arrestors on fireplaces. Roofing materials for the structures developed within this subdivision shall be Class B or better, as defined by the Uniform Building Code (as pertains to the fire retardancy of the roofing material). 22. Fire hyrdants at the locations approved by the DSRSD - Fire Department shall be installed and operable, to the satisfaction of the DSRSD - Fire Department, prior to combustible construction. Provision of raised blue reflectorized pavement markers shall be made in the center of the private vehicle accessways at each fire hydrant. 23. Each building and residence unit shall include a lighted, clearly visible address. FRONTAGE IMPROVEMENTS 24. Improvements shall be made, by the Applicant, along all streets within the development and as required off-site, to include curb, gutter, sidewalk, paving, drainage, and work on the existing paving, if necessary, from a structural or grade continuity standpoint. 25. Betlen Drive shall be terminated with a "knuckle" cul-de-sac of a design, location and side slope gradient determined acceptable to the City Engineer prior to recordation of the Final Map. Access to the DSRSD water tanks shall be provided for by the design of the new cul-de-sac. The Subdivider and/or the City shall initiate the necessary abandonment proceedings to provide for the City's consideration of abandoning the westernmost 35± to 85± feet off the right-of-way at the terminus of Betlen Drive. The area, if abandoned, shall be incorporated into the subject development (in part or in totality) to allow the project grading plan for the area above the planned cul-de-sac to be developed with rounded slopes yielding smoother transitions into natural surrounding grades. GRADING 26. Any proposed off-site grading shall be subject to review and approval by the City Engineer prior to the recordation of the Final Map. 27. The manner of assuring on-going maintenance of the drainage ditch to be constructed at the western property boundary shall be subject to review and approval by the City Engineer prior to recordation of the Final Map. 28. The six foot (minimum height) masonry architectural-soundwall called for in Condition #43 shall be established at the rear of Lots #15 through #19, and shall be sited in such a manner so as to aid the screening of the proposed development as viewed from the adjoining 1-580 traffic corridor. Prior to the recordation of the Final Map, the Subdivider shall document that the necessary design changes have been made to minimize the visibility of new development as viewed from the adjoining 1-580 traffic corridor. The Developer shall document through the project Site Develop- ment Review process the project design changes (including the adjustment to the lotting configuration of lots along the south portion of the project, the use of project landscaping and/or the use of site grading) proposed to be utilized to minimize the visual impact of the development as viewed from the adjoining 1-580 traffic corridor. Prior to the recordation of the Final Map, the Subdivider shall prepare and submit the necessary project sections verifying that this Condition will be met. 29. The Subdivider shall document that a diligent effort has been made to secure the necessary approvals to perform off-site grading to provide a smooth transition of slopes at the intersection of the rearyard slope of Lots 2, 3 and 4 of Tract 4929 and proposed Lots 5 through 8 and 13 through 15 of the subject project. 30. Where individual lots have a pad elevation below the adjoining sidewalk and are separated from the sidewalk grade by slopes of a height greater than four feet, the lot's grading plan shall be designed to observe a flat and level area of a minimum depth of five feet extending away from the back edge of the sidewalk. -5- 31. Prior to any grading of the site, a detailed plan covering grading (including phasing), drainage, water quality, erosion and sedimentation control for construction and the post-construction period shall be prepared by the project Civil Engineer and/or Engineering Geologist, and shall be submitted for review and approval by the City Engineer. Said plans shall include detailed design,'-location, and maintenance criteria of all erosion and sediment control measures. The plans shall attempt to assure that no increase in sediment or pollutants from the site will occur. The plan shall provide for long-term maintenance of all permanent erosion and sediment control measures. Toes of fills and tops of banks shall be locates as required by the City Engineer. 32. All foundation design, grading operations and site construction work shall be consistent with the recommendations of a site specific soils report prepared for this project. Said report shall be submitted for review by the City Engineer. This report shall address the potential presence of springs on the site. 33. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for review by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement and seismic activity. 34. Prior to commencement of construction of any structures, site grading shall conform with the recommendations of the project Soils Engineer, to the satisfaction of the City Engineer. A declaration by the Soils Engineer that he has supervised grading and that such conformance has occurred shall be submitted. 35. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and service connections stubbed out behind the sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines shall be installed in a manner which will not disturb the street pavement, curb, gutter and sidewalk when future service connections or extensions are made. 36. Any grading on adjacent properties will require recorded written approval of those property owners affected. HANDICAPPED ACCESS 37. Handicapped ramps shall be provided as required by the State of California Title 24 and/or as determined necessary by the City Engineer. IMPROVEMENT PLANS, AGREEMENTS AND SECURITIES 38. All improvements within the public right-of-way, including curb gutter, sidewalks, driveways, paving and utilities, must be constructed in accordance with approved standards and/or plans. 39. Prior to filing for building permits, precise plans and specifications for street improvements, grading, drainage (including size, type and location of drainage facilities both on- and off-site) and erosion and sedimentation control shall be submitted and subject to the approval of the City Engineer. 40. The Subdivider shall enter into an Improvement Agreement with the City for all public improvements. Complete improvement plans, specifications and calculations shall be submitted to, and reviewed by, the City Engineer and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing and proposed improvements along adjacent public street(s) and property that relate to the proposed improvements. All required securities, in an amount equal to 100% of the approved estimates of construction costs of improvements, and a labor and material security, equal to 50% of the construction costs, shall be submitted to, and approved by, the City and affected agencies having jurisdiction over public improvements, prior to execution of the Improvement Agreement. -6- NOISE 41. Prior to issuance of building permits, the Subdivider shall submit the appropriate documentation through preparation and submittal of a site- specific acoustical study to demonstrate that all proposed development shall meet or exceed applicable State and Local noise attenuation requirements. 42. Prospective purchasers or residents of the lots proposed on the southern perimeter of the project shall be supplied with a written document, as applicable, indicating that exterior sound levels of between 65-75 CNEL may be present due to traffic noise generated from Interstate 580 and/or that construction of the units were required to be of a nature to assure that interior noise levels do not exceed the 45 CNEL with a window-closed situation. 43. The Subdivider shall construct a 6-foot (minimum height) masonry architectural-soundwall along the southern perimeter of the property (500! feet) and along the southerly section of the western perimeter of the property (100± feet). The precise positioning of this wall shall be determined following the preparation of a project acoustical study and shall be located in a manner to maximize the wall's sound attenuation capabilities. 44. Sound-rated windows (Sound Transmission Class to be determined by the acoustical study required in Condition #41) shall be provided for all dwelling units where the sound-architectural wall is determined inadequate to provide noise attenuation to assure interior noise levels do not exceed the 45 CNEL level with a windows-closed situation. PARK DEDICATION 45. Park land dedication fees shall be paid prior to the issuance of building permits or prior to recordation of the Final Map, whichever occurs first. The City Engineer shall calculate the in-lieu fee based upon the Subdivision Ordinance. For in-lieu fee calculation purposes, the preliminary park dedication land required is approximately 0.275 acres (0.011 acres/dwelling unit X 25 lots). Final calculations shall be made by the City Engineer at the approval of the Final Map. STREETS 46. The minimum uniform gradient of streets shall be 0.5% and 1% on parking areas, and 2% on soil drainage. The street surfacing shall be asphalt concrete paving. The City Engineer shall review the project's Soils Engineer's structural design. The Subdivider shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer. The Subdivider's Soils Engineer shall determine a preliminary structural design of the road bed. After rough grading has been completed, the Subdivider shall have soil tests performed to determine the final design of the road bed and parking areas. 47. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way of Betlen Drive where this work is not covered under the improvement plans. UTILITIES 48. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each lot in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sized to meet utility company standards, or in public streets. 49. Prior to filing of the grading and improvement plans, the Subdivider shall furnish the City Engineer with a letter from Dublin San Ramon Services District (DSRSD) stating that the District has agreed to furnish water and sewer service to the development. -7- 50. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals. The system shall be designed as acceptable to DSRSD. 51. All utilities to and within the project shall be undergrounded. 52. Prior to final preparation of the subgrade and placement of base materials, all underground utility mains shall be installed and service connections stubbed out beyond curb lines. Public utilities and sanitary sewers shall be installed in a manner which will not disturb the street pavement, curb, and gutter when future service connections or extensions are made. WATER 53. Water facilities must be connected to the DSRSD system, and must be installed at the expense of the Subdivider in accordance with District standards and specifications. All material and workmanship for water mains, and appurtenances thereto, must conform with all of the requirements of the officially adopted Water Code of the Distict, and will be subject to field inspection by the District. 54. Comply with DSRSD, Public Works requirements, particularly regarding: a. The elevation of the storm drain relative to the sewer lines. b. The location of the sewer man-holes. They shall be in parking or street areas accessible by District equipment. c. Dedication of sewer lines. d. Location and design of the water system values. 55. The project shall incorporate all reasonable water conservation measures (including water conservation appliances). The project Architect or Civil Engineer shall provide a letter to the Planning Director or Building Inspector stating that water conservant toilets, shower heads and automatic dishwashers with low flow cycles will be installed in the units in this project. MISCELLANEOUS 56. The Subdivider shall contribute $250.00 per dwelling unit towards future traffic improvements along Dublin Boulevard, west of San Ramon Road to mitigate traffic impacts for this project. 57. Copies of the project plans, indicating all lots, streets and drainage facilities, shall also be submitted at 1" = 400-ft. scale, and 1" ~ 200-ft. scale for City mapping purposes. 58. Maintenance of common areas including slope area tree landscaping, graded slopes, erosion control planrings and drainage, erosion and sediment control improvements, shall be the responsibility of the Subdivider during construction stages, and until final improvements are accepted by the City and the performance guarantee required is released. 59. There shall be compliance with DSRSD Fire Department requirements, Flood Control District requirements, and Public Works requirements. Written statements from each agency approving the plans over which it has jurisdiction shall be submitted to the Planning Department prior to issuance of building permits on lots of the subdivision or the installation of any improvements related to this project. 60. Unit address information and directories shall be provided to the satisfaction of the DSRSD - Fire Department, Postal Services, and Dublin Planning Department. 61. The Subdivider shall be responsible for the installation of street light standards and luminaries with the design, spacing and locations subject to approval by the City Engineer. -8- 62. 63. 64. 65. 67. 68. 69. 70. 71. The Subdivider shall furnish and install street name signs, in accordance with the standards of the City of Dublin, bearing such names as are approved by the Planning Director. The Subdivider shall furnish and install traffic safety signs in accordance with the standards of the City of Dublin. Addresses shall be assigned by the City Building Official. A minimum of two street trees per lot, of at least a 15-gallon size, shall be planted along the project's street frontages. Trees shall be planted in accordance with a planting plan, including tree varieties and locations, approved by the Planning Director, and shall be planted on the individual lots in this subdivision prior to the final inspection of residences on the respective lots in this project. Trees planted adjacent to sidewalks or curbs shall be provided with root shields. A current title report and copies of the recorded deeds of all parties having any record title interest in the property to be developed and, if necessary, copies of deeds for adjoining properties and easements thereto, shall be submitted at the time of submission of the grading and improvement plans to the City Engineer. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. The Subdivider shall confer with local postal authorities to determine the type of mail receptacles that are to be utilized for this project and provide a letter stating their satisfaction prior to the issuance of building permits. Information detailing the design, location and materials of all fencing, and of retaining walls over two feet in height, shall be subject to review and approval by the Planning Director prior to the approval of the Final Map. The proposed design of perimeter fencing (with the exception of fencing along the south side of the project which shall be a six-foot [minimum height] masonry architectural-soundwall) shall be modified from the proposed "good-neighbor" fence design submitted in conjunction with PA 86-010 to a design which will provide a low maintenance fence with a more substantial appearance and design. No project fencing shall be developed at the toe of slope along Betlen Drive unless developed as a low see- through fence (such as a four-foot ± vinyl-clad cyclone fence) which is approved as far as height, location, and materials, through the Site Development Review process. Project fencing developed at the rear of pads established for Lots #1 through #5 shall be located at the top of slope located above Betlen Drive, or as otherwise approved through the Site Development Review permit process. The Subdivider shall be responsible for the installation of the rear and sideyard fences throughout the subdivision. Slopes for areas adjoining both public and private roadways shall be designed to maximize the level areas available for landscape treatment and for general safety consideration and shall be subject to review and approval by the Planning Director prior to the approval of the Final Map. Signs established at the entrance to the project for identification purposes, if proposed, shall be subject to review and approval by way of a separate Site Development Review application to determine sign location, copy construction materials and design. The project shall be constructed as approvedo Minor modifications in the design, but not the use, may be approved by Staff. Changes to the proposed finished floor elevations and site grading for the proposed single family residential lots along Betlen Court shall not exceed a maximum deviation of five feet from the pad elevations indicated on the Tentative Map. All physical improvements shall be in place prior to occupancy of any unit in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction- Phased Occupancy Plan approved by the Planning Department. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and completely separated from remaining additional construction activity. -9- 72. 73. 74° 75. Any approved Construction-Phased Occupancy Plan shall have sufficient cash deposits or other assurances to guarantee that the project and all associated improvements shall be installed in a timely and satisfactory manner. At the request of the Planning Director, written acknowledgements of continuing construction activity shall be secured from the property owners and any and all occupants for the portions of the project to be occupied, and shall be filed with the Planning Department. Said acknowledgements for a subdivision shall be part of the settlement documents between the Subdivider and buyer. Detailed planting plans shall be developed and submitted for review and approval by the Planning Director for the three open space slope areas identified as follows: Area 1 - slopes between Betlen Drive and the pad areas of Lots #4 through #7; Area 2 rearyard slopes behind Lots #6 through #7, #10, #13 and #14; Area 3 slopes between the 1-580 right-of- way and the pad areas of Lots #15 #19. Trees utilized in all four areas shall be fifteen gallon size (minimum). Physical improvements that must be in place prior to final inspection and occupancy of any units shall include, but not be limited to the following items: a. Storm drainage facilities shall have been installed as approved by the City Engineer. Fire protection devices shall have been installed, be operable, and conform to the specifications of and inspections by the Dublin San Ramon Services District Fire Department. c. Cable TV hook-up shall be provided to each unit. d. Street name signs, bearing such names as are approved by the Planning Director, shall have been installed. Ongoing maintenance of landscaping and irrigation installed in Areas 1 and 3 (as defined above in Condition #72) shall be provided for through the establishment of a lighting and landscaping special assessment district or a project homeowner's association. If a homeowner's association is created for this purpose, the City of Dublin shall be named as an "active third-party" participant in the project's C. C. & R. documents as pertains to the mechanics established to assure for the ongoing maintenance of project landscaping and irrigation in the subdivision. The Subdivider is advised that the formation of a private homeowner's association to provide for ongoing maintenance is the approach preferred by the City as the alternate approach, a lighting and landscape special assessment district, is not seen as a viable approach due to the small size of the project. If a homeowner's association is formed to cover the ongoing maintenance of Landscape Area #1 (as defined above in Condition #72), then Covenants, Conditions, and Restrictions (C. C. & R.'s) shall be established for the development. The C. C. & R.'s shall be approved by the Planning Director and City Attorney prior to the recordation of the Final Map to assure that: There is adequate provision for the maintenance, in good repair, of all commonly owned or maintained property and landscaping, including but not limited to common open space, landscape and irrigation facilities, fencing, and drainage and erosion control improvements. Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided to each buyer prior to the time of purchase. The Association shall keep the City Planning Department informed of the current name, address, and phone number of the Association's official representative. Payment of the water bills and maintenance and repair of storm drain lines shall be the obligation of the Homeowner's Association unless paid for through a lighting and landscape special assessment district. -10- Each buyer is to sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowner's Association and the Conditions, Covenants, and Restrictions applying to the development. The Homeowner's Association shall contract with, or be advised (as to how to handle maintenance operations) by, a professional management firm. 76. As-built drawings showing the locations of all underground utilities (water, storm and sanitary sewer, gas, electric, telephone and cable TV) shall be provided to the City. 77. Unless otherwise authorized by the City Engineer through the project Site Development Review, the narrowed curb-to-curb widths, proposed at the entrance to the northerly cul-de-sac, shall be replaced with a standard full-width street section, and the proposed use of special entry pavement at the entrance to the subdivision shall not be utilized. 78. Each driveway shall utilize a driveway with a maximum average slope which is less than or equal to 14% slope. 79. Should occupancy of the units in the project be phased: a. The undeveloped area shall be maintained as acceptable to the DSRSD Fire Department and shall be kept free of trash and debris. b. A road system of a design determined acceptable to the City Engineer and the Planning Department shall be installed. 80. Construction and grading operations and delivery of construction materials shall be limited to weekdays (Monday through Friday) and the hours from 7:30 a.m. to 5:30 p.m., except as approved in writing by the City Engineer. PASSED, APPROVED AND ADOPTED this 8th day of June, 1987. AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder, and Mayor Snyder NOES: None ABSENT: None -11-