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HomeMy WebLinkAboutAttachment 2 Reso appv VMap7525 RESOLUTION NO. 04- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING VESTING TENT A TIVE TRACT MAP 7525 CONCERNING P A 03-058, DUBLIN TRANSIT CENTER SITE B (APN 986-0001-011-00) WHEREAS, Avalon Bay Communities has requested approval of Vesting Tentative Tract Map 7525 for P A 03-058, Dublin Transit Center Site B, on approximately 8.84± gross acres of land located in the Dublin Transit Center project area, within the Eastern Dublin Specific Plan, between DeMarcus Boulevard and Iron Horse Parkway, South of Dublin Boulevard for the development of 562 residential dwelling units; and, WHEREAS, of the 562 residential dwelling units 257 would be for-sale condominiums and town homes and 305 would be apartment units with 10% set aside in each project for moderate income households; and WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for purpose of sale, lease or financing, unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin Subdivision Regulations; and, WHEREAS, the Applicant/Developer has submitted a complete application for a Vesting Tentative Tract Map dated June 16, 2004, on file in the Community Development Department, Planning Division; and, WHEREAS, Pursuant to the California Environmental Quality Act, Staff has recommended that the project be found exempt from CEQA pursuant to Government Code section 65457 for residential projects that are consistent with a specific plan. The Project is within the scope of the Final Environmental Impact Report for the Dublin Transit Center General Plan Amendment, Eastern Dublin Specific Plan Amendment, Stage 1 Planned Development Zoning, Tentative Parcel Map, and Development Agreement (SCH 2001120395) which was certified by City Council Resolution No. 215-02 dated November 19, 2002. This recommendation is based on a determination that there are no supplemental impacts that would require preparation of a Supplemental EIR; and WHEREAS, the City of Dublin Planning Commission did hold a public hearing on said application on November 9, 2004; and, WHEREAS, proper notice of said public hearing was given in all respects as required by law; and, WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of Tentative Tract Map 7525 subject to the conditions prepared by Staff; and, WHEREAS, the Planning Commission did hear and use their independent judgment and considered all said reports, recommendations and testimony hereinabove set forth. WHEREAS, the City of Dublin Planning Commission does hereby find that: ATTACHMENT 2. 1. Vesting Tentative Tract Map 7525 IS consistent with the intent of applicable subdivision regulations and related ordinances. 2. The design or improvements of Vesting Tentative Tract Map 7525 is consistent with the City's General Plan and Eastern Dublin Specific Plan policies as they apply to the subject property in that it is a subdivision for implementation of a residential community in an area designated for high-density, transit-oriented, residential development. 3. Vesting Tentative Tract Map 7525 is consistent with the Stage 1 PD, Planned Development Zoning District Development Plan approved as P A 00-013 for this project and is therefore consistent with the City of Dublin Zoning Ordinance. 4. The site is located adjacent to major roads on 8.84± gross acres of relatively flat topography and is, therefore, physically suitable for the type and density of development. 5. With the incorporation of mitigation measures from the Final Program EIR and subsequent addenda, the design of the subdivision will not cause environmental damage or substantially injure fish or wildlife or their habitat or cause public health concerns. 6. The design of the subdivision will not conflict with easements, acquired by the public at large, or access through or use of, property within the proposed subdivision. The City Engineer has reviewed the map and title report and has not found any conflicting easements of this nature. NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin Planning Commission hereby conditionally approves PA 03-058 Vesting Tentative Tract Map 7525, Attachment 5 of the November 9,2004 Planning Commission Agenda Statement, which will subdivide the property into three lots with Lots 1 & 2 for residential condominium purposes and Lot 3 for common area, further identified as APN 986-0001-010-00. This approval shall conform generally to: the Vesting Tentative Tract Map 7525 prepared by BKF, dated received on June 16, 2004, by the Community Development Department, and consisting of seven (7) sheets stamped approved except as specifically modified by the Conditions of Approval contained below. CONDITIONS OF APPROVAL: Unless stated otherwise, all Conditions of Approval shall be complied with prior to the approval of the Final Parcel Map, and shall be subiect to City Engineer and the Director of Community Development review and approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: rPL 1 Planning, rBl Building, rpOl Police, rpWl Public Works, rADMl Administration/City Attorney, rpCsl Parks and Community Services, rFl City of Dublin Fire, and rDSRl Dublin San Ramon Services District. CONDITION TEXT CDD Reso. 04-99 and PC Reso. 02-40 1. Existing Parcel Conditions of Approval. Applicant/ Developer PL, PW shall comply with applicable Conditions of Approval for Tentative Parcel Map 7395 (PA 99-001) and Tentative Parcel Map 7892 (PA 00-013) as determined by the City Engineer. In the event of a conflict between Tentative Parcel Maps 7395 and 7892's Conditions of A roval and these conditions, these conditions shall revail. 2 CONDITION TEXT 2. Effective Period/Expiration. The effective period/expiration of Vesting Tentative Parcel Map 7525 shall be as determined by the Subdivision Map Act, including but not limited to, Sections 66452.6 and 66463.5. 3. Requirements. The Applicant/Developer shall meet all these conditions of approval for the Vesting Tentative Parcel Map prior to City Council approval of the Parcel Map. The conditions shall be deemed met if included in the Improvement Agreement and/or Develo ment A reement re uired for this ro· ect. 4. Action Programs/Mitigation Measures. Applicant/ Developer shall comply with all applicable action programs and mitigation measures of the Dublin Transit Center Final Environmental Impact Report (EIR) and addenda that have not been made specific Conditions of Approval, which are in effect at the time of recordation of the Parcel Ma . PtJBLI(]]WCIIRKS...lPROJECT·SlPECI.FIC 5. Clarifications and Changes to the Conditions. In the event that there needs to be clarification to these Conditions of Approval, the City Engineer has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Developer to fulfill needed improvements or miti ations resultin from im acts of this ro· ect. 6. Development Agreement. The Developer shall meet all applicable sections of the Master Development Agreement for the Dublin Transit Center adopted as Ordinance No. 5-03. Section 6 of the Master Development Agreement requires the Developer to enter into a new Development Agreement specific to the current project prior to the a roval of the Parcel Ma . 7. Street Lighting Maintenance Assessment District. All publicly maintained streetlights shall be annexed into a Street Light Maintenance Assessment District as required by the Master Development Agreement with the Surplus Property Authority of Alameda County for the Dublin Transit Center (Ordinance No. 5- 03). The property owners shall maintain all decorative streetlights. The Developer shall provide all necessary documentation required by the City to complete the annexation process. The Developer shall comply with any City requirements necessary to conform to Proposition 218 regulations. The Developer waives any right to protest the inclusion of the properties or any portion of the properties in a Landscape and Lighting Assessment District, and further waives an ri ht to rotest the annual assessment for that District. 8. Common Area Lots. The common area shall be divided into two lots not one lot as shown on the Vesting Tentative Map application. One lot shall be for the North-South Driveway arcel and shall PL, PW Subdivision Map Act PL, PW Standard PL CC Reso. 215-02 '"' -' PW Standard PW Ord. 5-03 PW Ord. 5-03 PW Public Works contain a private access and utility easement for the adjoining lots 1 and 2. The secon,d lot shall be the Village Green Park and roadway and shall contain private access and utility easements for the ad'oinin lots 1 and 2 and for Parcel A of Parcel Ma 7395. 9. Streetscape Design Standards. The streetscape design for all streets shall be in accordance with the Streetscape Master Plan adopted as Ordinance No. 21-02 for the Dublin Transit Center Pro'ect, PA 00-013. 10. Phase 1 Improvements. The Developer shall construct the following street and utility improvements, as contained in the Street Improvement Plans Associated with Parcel Map 7892 prepared by BKF Engineers / Surveyors / Planners. a) Iron Horse Parkway between Dublin Boulevard and Martinelli Drive. Developer shall reconstruct Iron Horse Parkway between Dublin Boulevard and the Village Green as shown in the approved exhibits for the Dublin Transit Center, Stage 1 Planned Development Rezoning and to the satisfaction of the City Engineer. b) DeMarcus Boulevard between Dublin Boulevard and the Village Green. Developer shall reconstruct DeMarcus Boulevard between Dublin Boulevard and the Village Green as shown in the approved exhibits for the Dublin Transit Center, Stage 1 Planned Development Rezoning and to the satisfaction of the Cit En ineer. 11. Phase 2 Improvements. The Developer shall construct the following street and utility improvements, as contained in the Street Improvement Plans Associated with Parcel Map 7892 prepared by BKF Engineers / Surveyors / Planners, with the Phase 2 improvements. The Phase 2 improvements may be deferred to be completed concurrently with the completion of the BART garage or within 5 years, whichever is earlier. The Developer shall provide guarantees for the Phase 2 improvements with an Improvement Agreement as required by Public Works Standard Conditions of Approval. a) Martinelli Drive between Arnold Road and Iron Horse Parkway. Developer shall construct street improvements including median curbs, a twelve-foot wide travel lane in each direction, median turning lanes, six-foot wide rock shoulders, and storm drainage, street lighting, joint trench utilities, sanitary sewer and water improvements on Martinelli Drive between Arnold Road and Iron Horse Parkway to the satisfaction of the City Engineer. STOP signs with conduit for future traffic signal are to be installed at the intersection with Iron Horse Parkway. The BART surface parking lot entrance / exit to Iron Horse Trail shall be closed and moved to the Village Green at the time either the Villa e Green or Martinelli Drive connection is made 4 PW Ord. 21-02 PW PC Reso. 02-40 PW PC Reso. 02-40 CONDITION TEXT to the Iron Horse Parkway. b) Campus Drive. Developer shall construct street improvements consisting of 20- foot wide pavement and curb & gutter on Campus Drive along the BART parking garage frontage as required by the Fire Department for the BART garage structure and to the satisfaction of the City Engineer. c) Altamirano Avenue. Developer shall construct street improvements including the southern frontage curb & gutter, 27-foot wide pavement, six-foot wide rock shoulder, drainage, water, joint trench utilities and street lighting on Altamirano Avenue between Arnold Drive and Campus Drive to the satisfaction of the City Engineer. d) Iron Horse Parkway-BART Garage Intersection. The existing Iron Horse Parkway improvements shall be modified to accommodate the new intersection at the BART garage entrance to the satisfaction of the City Engineer. STOP sign control is to be installed at this intersection with conduit for future traffic si nal. 12. Dublin Boulevard Median. The Developer shall complete the missing median improvements, including landscaping, in Dublin Boulevard west to Scarlett Drive with the Phase 1 im rovements. 13. Arnold Road. Unless previously constructed by others, the Developer shall construct 24-foot wide pavement with six-foot wide rock shoulders and turning lanes within the existing right of way for Arnold Drive between Dublin Blvd and Altamirano Avenue. The roadway shall be in a street and lane configuration to the satisfaction of the City Engineer and a temporary walkway may be required on one side. These improvements shall be constructed with the Phase 2 im rovements. 14. Martinelli Drive between Arnold Road and Hacienda Drive. Unless previously constructed by others, Developer shall construct the center travel lanes and median curbs for Martinelli Drive between Hacienda Drive and Arnold Road within the existing right of way. The improvements shall be for two travel lanes (26-feet wide) with a 6-foot wide rock shoulder in each direction and turning lanes at the intersections. A new traffic signal and lane modifications shall be provided on Hacienda Drive for the new intersection with Martinelli Drive. The improvements shall be constructed with the Phase 2 im rovements. 15. Iron Horse Parkway Crosswalk. The mid block crosswalk on Iron Horse Parkway shall be located immediately south of the entrance to the ara e. 16. Driveways. Sidewalks shall be designed to maintain a 2% cross slope for a minimum four-foot width across all driveways including the driveways at Dublin Boulevard, DeMarcus Boulevard and Iron Horse Parkwa , to the satisfaction of the Cit En ineer. 5 PW Public Works PW Public Works PW Public Works PW Public Works PW Public Works 17. Frontage Grading. The 2% cross slope shall be maintained for a minimum distance of one foot behind the frontage sidewalks where there is landscaping, stairs or pathway along the back of the sidewalk. 18. On Street Parking Restrictions. Developer shall designate no parking areas along Dublin Boulevard and designate all other streets for short-term parking (2 or 4 hour) as directed by the City Engineer. Parkin time limits should not a 1 between 6 PM and 7 AM. 19. Loading Areas. The Developer shall make provisions for providing loading areas on the Iron Horse Parkway and DeMarcus Boulevard frontage. These provisions may be the use of the street parking s aces limited to s ecific hours or based on scheduled re uests. 20. Landscape Assessment District. The irrigation system for the Landscape Assessment District area (curb to walkway) along Dublin Boulevard shall be se arate from the rivate onsite landsca in . PUBLIC.WORKS....···STANDARD 21. The Developer shall comply with the Subdivision Map Act, the City of Dublin Subdivision, Zoning, and Grading Ordinances, the City of Dublin Public Works Standards and Policies, and all building and fire codes and ordinances in effect at the time of building permit. All public improvements constructed by Developer and to be dedicated to the City are hereby identified as "public works" under Labor Code section 1771. Accordingly, Developer, in constructing such improvements, shall comply with the Prevailing Wage Law (Labor Code. Sects. 1720 and followin ) 22. The Developer shall defend, indemnify, and hold harmless the City of Dublin and its agents, officers, and employees from any claim, action, or proceeding against the City of Dublin or its agents, officers, or employees to attack, set aside, void, or annul an approval of the City of Dublin or its advisory agency, appeal board, Planning Commission, City Council, Community Development Director, Zoning Administrator, or any other department, committee, or agency of the City to the extent such actions are brought within the time period required by Government Code Section 66499.37 or other applicable law; provided, however, that The Developer's duty to so defend, indemnify, and hold harmless shall be subject to the City's promptly notifying The Developer of any said claim, action, or proceeding and the City's full cooperation in the defense of such actions or roceedin s. 23. Any water well, cathodic protection well, or exploratory boring on the project property must be properly abandoned, backfilled, or maintained in accordance with applicable groundwater protection ordinances. For additional information contact Alameda County Flood Control, Zone 7. 24. The Developer shall enter into a Tract Improvement Agreement with the Cit for all ublic im rovements. PW Public Works PW Public Works PW Public Works PW Public Works 6 PW Standard PW Standard PW Standard PW Standard 25. The Developer shall provide performance (100%), and labor & material (100%) securities to guarantee the tract improvements, approved by the City Engineer, prior to execution of the Tract Improvement Agreement and approval of the Final Map. (Note: Upon acceptance of the improvements, the performance security may be replaced with a maintenance bond that is 25% of the value of the erformance securit . 26. The Developer shall pay all applicable fees in effect at the time of building permit issuance including, but not limited to, Planning fees, Building fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees, Public Works Traffic Impact fees, City of Dublin Fire Services fees; Noise Mitigation fees, Inclusionary Housing In-Lieu fees; Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; and any other fees as noted in the Develo ment A reement. 27. The Developer shall dedicate parkland or pay in-lieu fees in the amounts and at the times set forth in City of Dublin Resolution No. 60-99, or m any resolution revIsmg these amounts and as implemented by the Administrative Guidelines adopted by Resolution 195-99. 28. Developer shall obtain an Encroachment Permit from the Public Works Department for all construction activity within the public right-of-way of any street where the City has accepted the improvements. At the discretion of the City Engineer an encroachment for work specifically included in an Improvement A reement ma not be re uired. 29. Developer shall obtain a Grading / Sitework Permit from the Public Works Department for all private onsite grading and site im rovements. 30. Developer shall obtain all permits required by other agencIes including, but not limited to Alameda County Flood Control and Water Conservation District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans and provide copies of the permits to the Public Works De artment. 31. All submittals of plans and Final Maps shall comply with the requirements of the "City of Dublin Public Works Department Improvement Plan Submittal Requirements", and the "City of Dublin 1m rovement Plan Review Check List". 32. The Developer will be responsible for submittals and reviews to obtain the approvals of all participating non-City agencies. The City of Dublin Fire Prevention Bureau and the Dublin San Ramon Services District shall a rove and si n the 1m rovement Plans. 33. Developer shall submit a Geotechnical Report, which includes street avement sections and radin recommendations. 7 PW PW PW PW PW PW PW PW PW Standard Standard Standard Standard Standard Standard Standard Standard NO. CONDITION 34. Developer shall provide the Public Works Department a digital vectorized file of the "master" files for the project when the Final Map has been approved. Digital raster copies are not acceptable. The digital vectorized files shall be in AutoCAD 14 or higher drawing format. Drawing units shall be decimal with the precision of the Final Map. All objects and entities in layers shall be colored by layer and named in English. All submitted drawings shall use the Global Coordinate System of USA, California, NAD 83 California State Plane, Zone III, and U.S. foot. 35. The Final Map shall be substantially in accordance with the Tentative Map approved with this application, unless otherwise modified b these conditions. 36. All rights-of-way and easement dedications required by the Tentative Map including the Public Service Easement shall be shown on the Final Ma . 37. Street names shall be assigned to each public/private street pursuant to Municipal Code Chapter 7.08. The Developer shall propose a list of preferred and alternate street names for review and approval by the City and all interested outside agencies. Street names must not match or be closely similar to existing street names within Alameda County. The approved street names shall be indicated on the Final Ma . 38. The Developer shall grant to the City of Dublin easements for traffic signal detectors, boxes conduit, etc. at all private streets and drivewa s entrances that will be si nalized. 39. The Developer shall obtain abandonment from all applicable public agencies of existing easements and right of ways that will no longer be used. 40. The Developer shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for any improvements on their property. The easements and/or rights-of-entry shall be in writing and co ies furnished to the Cit En ineer. 41. All public sidewalks must be within City right-of-way or in a edestrian access easement unless a roved b the Cit En ineer. 42. The Grading Plan shall be in conformance with the recommendations of the Geotechnical Report, the approved Tentative Map and/or Site Development Review, and the City design standards & ordinances. In case of conflict between the soil engineer's recommendations and Cit ordinances, the City En ineer shall determine which shall a 1. 43. A detailed Erosion Control Plan shall be included with the Grading Plan approval. The plan shall include detailed design, location, and maintenance criteria of all erosion and sedimentation control measures. 44. The public improvements shall be constructed generally as shown on the Tentative Map and/or Site Development Review. However, the a roval of the Tentative Ma and/or Site Develo ment Review is 8 PW PW PW PW PW PW PW PW PW PW PW Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard NO. CONDITION TEXT not an approval of the specific design of the drainage, sanitary sewer, water, traffic circulation, and street im rovements. 45. All public improvements shall conform to the City of Dublin Standard Plans and design requirements and as approved by the City En ineer. 46. The Developer shall install all traffic signs and pavement marking as re uired b the Cit En ineer. 47. Developer shall construct all potable and recycled water and sanitary sewer facilities required to serve the project in accordance with DSRSD master lans, standards, s ecifications and re uirements. 48. Fire hydrant locations shall be approved by the City of Dublin Fire Prevention Bureau. A raised reflector blue traffic marker shall be installed in the street 0 osite each h drant. 49. Street light standards and luminaries shall be designed and installed per approval of the City Engineer. The maximum voltage drop for streetli hts is 5%. 50. All new traffic signals shall be interconnected with other new signals within the development and to the existing City traffic signal system by hard wire. 51. The Developer shall furnish and install City Standard street name si ns for the ro' ect as re uired b the Cit En ineer. 52. Street trees, of at least a 24" box size, shall be planted along the street frontages. The varieties and locations of the trees to be approved by the Community Development Director and City En ineer. 53. Any decorative pavement installed within City right-of-way requires approval of the City Engineer. Where decorative paving is installed in public streets, pre-formed traffic signal loops and sleeves to accommodate future utilities shall put under the decorative pavement. Maintenance costs of the decorative paving shall be included in a landscape and lighting maintenance assessment district or other fundin mechanism acce table to the Cit En ineer. 54. Developer shall construct gas, electric, cable TV and communication improvements within the fronting streets and as necessary to serve the project and the future adjacent parcels as approved by the City En ineer and the various Public Utility a encies. 55. All electricaL gas, telephone, and Cable TV utilities, shall be underground in accordance with the City policies and ordinances. All utilities shall be located and provided within public utility easements and sized to meet utilit com an standards. 56. All utility vaults, boxes and structures, unless specifically approved otherwise by the City Engineer, shall be underground and placed in landscape areas and screened from public view. All utility vaults, boxes and structures shall be shown on landscape plans and approved by the City Engineer and Community Development Director rior to construction. 9 PW PW PW PW PW PW PW PW PW PW PW PW Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard NO. 57. The Erosion Control Plan shall be implemented between October 15th and April 15th unless otherwise allowed in writing by the City Engineer. The Developer will be responsible for maintaining erosion and sediment control measures for one year following the City's acce tance of the subdivision im rovements. 58. If archaeological materials are encountered during construction, construction within 100 feet of these materials shall be halted until a professional Archaeologist who IS certified by the Society of California Archaeology (SCA) or the Society of Professional Archaeology (SOP A) has had an opportunity to evaluate the si nificance of the find and su est a ro riate miti ation measures. 59. Construction activities, including the maintenance and warming of equipment, shall be limited to Monday through Friday, and non-City holidays, between the hours of 7:30 a.m. and 5:30 p.m. except as otherwise a roved b the Cit En ineer. 60. Developer shall prepare a construction noise management plan that identifies measures to be taken to minimize construction noise on surrounding developed properties. The plan shall include hours of construction operation, use of mufflers on construction equipment, speed limit for construction traffic, haul routes and identify a noise monitor. Specific noise management measures shall be included in the ro· ect lans and s ecifications. 61. Developer shall prepare a plan for construction traffic interface with public traffic on any existing public street. Construction traffic and parking may be subject to specific requirements by the City En ineer. 62. The Developer shall be responsible for controlling any rodent, mos uito, or other est roblem due to construction activities. 63. The Developer shall be responsible for watering or other dust- palliative measures to control dust as conditions warrant or as directed by the Cit En ineer. 64. Prior to any clearing or grading, the Developer shall provide the City evidence that a Notice of Intent (NOI) has been sent to the California State Water Resources Control Board per the requirements of the NPDES. A copy of the Storm Water Pollution Prevention Plan (SWPPP) shall be provided to the Public Works Department and be ke t at the construction site. 65. The Storm Water Pollution Prevention Program (SWPPP) for the operation and maintenance of the project shall identify the Best Management Practices appropriate to the project construction activities. The SWPPP shall include the erosion control measures in accordance with the regulations outlined in the most current version of the ABAG Erosion and Sediment Control Handbook or State Construction Best Mana ement Practices Handbook. 66. The Developer IS responsible for ensuring that all contractors im lement all storm water ollution revention measures in the 10 PW PW PW PW PW PW PW PW PW PW Standard Standard Standard Standard Standard Standard Standard Standard Standard Standard NO. eONDITION..TEXT - ..... XI . ,- ..... .. v ...... SWPPP. 67. Developer shall enter into an agreement with the City of Dublin that PW Standard guarantees the perpetual maintenance obligation for all storm water treatment measures installed as part of the project. Said agreement is required pursuant to Provision C.3.e.ii of RWQCB Order R2-2003- 0021 for the issuance of the Alameda Countywide NPDES municipal storm water permit. Said permit reqmres the City to provide verification and assurance that all treatment devices will be properly operated and maintained. PASSED, APPROVED, AND ADOPTED this 9th day of November 2004. AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: Planning Manager 11