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Home My WebLink About05-28-2013 - Agenda PacketPlanning Commission Regular Meeting City of Dublin May 28, 2013 City Council Chambers 7:00 P.M. 100 Civic Plaza 1. CALL TO ORDER & ROLL CALL 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ADDITIONS OR REVISIONS TO THE AGENDA 4. MINUTES OF PREVIOUS MEETINGS – April 23, 2013 5. ORAL COMMUNICATION - At this time, members of the public may address the Planning Commission on any non-agendized item(s) of interest to the public. In accordance with State Law, no action or discussion may take place on any item not appearing on the Planning Commission agenda. The Planning Commission may respond briefly to statements made or questions posed, or may request Staff to report back at a future meeting concerning the matter. Any member of the public may contact the Assistant Community Development Director regarding proper procedure to place an item on a future Planning Commission agenda. 6. CONSENT CALENDAR 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PLPA-2013-00016 Creative Autism Solutions Team (CAST) Conditional Use Permit for the operation of a Day Care Center at 6533 Sierra Lane. 8.2 PLPA 2013-00003 The Heights at Positano (Neighborhood E-2) Site Development Review for a portion of the Positano project which includes 84 single-family detached residential units on approximately 21.08 acres within Tract 8109. 8.3 PLPA-2013-00022 New Water Resources Element of the General Plan 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS: Brief INFORMATION ONLY reports from the Planning Commission and/or Staff, including Committee Reports and Reports by the Planning Commission related to meetings attended at City Expense (AB 1234). 11. ADJOURNMENT This AGENDA is posted in accordance with Government Code Section 54954.2(a) and Government Code Section 54957.5 If requested, pursuant to Government Code Section 54953.2, this agenda shall be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Section 12132), and the federal rules and regulations adopted in implementation thereof. To make a request for disability-related modification or accommodation, please contact the City Clerk’s Office (925) 833-6650 at least 72 hours in advance of the meeting. A complete packet of information containing Staff Reports (Agenda Statements) and exhibits related to each item is available for public review at least 72 hours prior to a Planning Commission Meeting or, in the event that it is delivered to the Commission members less than 72 hours prior to a Planning Commission Meeting, as soon as it is so delivered. The packet is available in the Community Development Department. (OVER FOR PROCEDURE SUMMARY) plpa 2013-00016 Creative Autism Solution sTeam CUP Day care center DESCRIPTION: Figure 1. Project Site The Project site is located in the Sierra Business Center at 6533 Sierra Lane. The site has a General Plan designation of Business Park/Industrial and is zoned Light Industrial (M-1). The � center is 5.3 acres in size and is If composed of three existing a e buildings. The Project is located in r r an approximately 12,000 square a Site foot portion of the larger 24,000 square foot space leased by Pathway Community Church. Access to the site is provided from two existing driveways on Sierra " Lane. Tralee'�y } �y %w The Sierra Business Center has a variety of existing uses, including U manufacturing, warehousing, office, N repair shop, and a church. Adjacent properties are the Sierra Trinity Business Park to the west and south, Amador Center to the east, and Dublin Self-Storage to the north. Tralee Village is located across Sierra Lane. The Applicant's proposal is to operate an after-school program for children and young adults with autism. The Dublin Zoning Ordinance classifies such after-school programs as Day Care Centers. Day Care Centers are a conditionally permitted use in the M-1 District; therefore, the Applicant is requesting approval of a Conditional Use Permit (CUP) to operate a Day Care Center with up to 50 children and 25 employees. ANALYSIS: A Conditional Use Permit enables the City to place Conditions of Approval on a project to ensure that the operating characteristics are compatible with surrounding uses. The proposed Project has been reviewed for issues related to parking and operating characteristics. Conditions of Approval have been placed on the Project, where appropriate, to ensure compatibility with the surrounding commercial uses. Day Care Center The Applicant is proposing to operate a Day Care Center with up to 50 children and 25 employees within an approximately 12,000 square foot portion of a 24,000 square foot tenant space that is leased by Pathway Community Church (Attachment 1). The Applicant will be subleasing their space to operate when the church is not in use. The Day Care Center will provide services specifically to children and young adults (up to age 24) with autism. The services and activities that will be provided include physical and occupational therapy, art, yoga, gross motor skills, social skills, and 1 on 1 attention (Attachment 2). The Day Care Center's hours of operation will be 1:00 p.m. to 6:00 pm, Monday through Friday and from 10:00 a.m. to 9:00 p.m. on Saturday. The dropping off and picking up of children is 2of5 required to be staggered over a minimum one hour time period to minimize congestion (see Attachment 3, Condition of Approval No. 14). All activities associated with the Day Care Center will take place indoors (Condition of Approval No. 11). Parking The City of Dublin Zoning Ordinance contains parking standards by use type (Section 8.76.080). The Zoning Ordinance requires that Day Care Centers provide 1 parking space for every employee, plus one loading space for every 5 children at the facility, plus one space per company vehicle. The proposed Day Care Center would have 25 employees and 50 children, thereby requiring a total of 35 parking spaces. No company vehicles are proposed. The Sierra Business Center provides a total of 229 parking spaces. Based on the existing mix of tenants within the center and the proposed Project, a total of 159 parking spaces are required, and therefore an adequate number of parking spaces exist to meet the City's parking standards for the proposed tenant mix. The parking calculations are summarized in Table 1 below. As noted previously, Pathway Community Church is located within the center and will be sub-letting a portion of their tenant space to the proposed Day Care Center. Since Pathway's hours of operation are restricted by their Conditional Use Permit and their scheduled activities will not be in conflict with the proposed Day Care Center's hours of operation, the church's parking requirement was not factored into the required parking calculations. Table 1. Day Care Center Parking Requirements Parking Standard Proposed Project Required Parking 1 space per employee 25 employees 25 spaces 1 space per 5 children 50 children 10 spaces Total Day Care Center Required Parking 35 spaces Existing Tenants' Required Parking 124 spaces Combined Required Parking 159 spaces Total Shopping Center Parking Provided 229 spaces CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The Project site is designated Business Park/Industrial in the General Plan and is located in the Light Industrial (M-1) Zoning District. Day Care Centers are allowed in the M-1 District subject to approval of a Conditional Use Permit by the Planning Commission. The Project, as conditioned, is consistent with the General Plan and M-1 Zoning District. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, and Dublin San Ramon Services District reviewed the Project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 3). NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was mailed to all property owners and occupants within 300 feet of the proposed Project. A Public Notice was also published in the Valley Times 3of5 and posted at several locations throughout the City. To date, the City has received no objections from surrounding property owners regarding the Project. A copy of this Staff Report has been provided to the Applicant. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. Staff is recommending that the Project be found Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301, Existing Facilities. The Project consists of a Conditional Use Permit for the operation of a Day Care Center within an existing business center. ATTACHMENTS: 1) Project Plans 2) Applicant's Written Statement 3) Resolution approving a Conditional Use Permit for the operation of a Day Care Center at 6533 Sierra Lane. 4of5 GENERAL INFORMATION: APPLICANT: Lee Wei, Pathway Community Church, 6533 Sierra Lane, Dublin, CA 94568 PROPERTY OWNER: Sleepy Hollow Investment Co., No. 2, 18 Crow Canyon Court, Suite 100 San Ramon, CA 94583 LOCATION: 6533 Sierra Lane ASSESSORS PARCEL NUMBER: 941-0205-020-00 GENERAL PLAN LAND USE DESIGNATION: Business Park/Industrial ZONING: Light Industrial (M-1) SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Business Park/Industrial Self-Storage South M-1 Business Park/Industrial Business Park East PD Retail/Office and Automotive Shopping Center West PD Business Park/industrial I Business Park 5 of 5 , / r4s / Nom. ,jf 4 \ Q / -- -- N89`/1' - .�4 , gg yg \ \ TpN eq >I p yOa 444111 4Y- � 1\ g� s�so7 -- — z m G) ATTACHMENT 1 Ili®■■■■■®' ■■■ii■ li `rL�■■■\'\;. IIII � dill I ,. Ii m ,. \ r\ U\ III I WON Nu� �i� I � � I i II I I ' III Ali � I I li I� IIII �y \.�� I. ��i� \��i� li li I III ■�I��III l i l ' I ��\\ I' it I III I' \\\\�1'I � I iii I i i I ili 11 � I I i I �7 0 0 � O O :) ' 3 o N fD C?� n (j)r-4- O J C. U D Cf) cD v m ----------- 0 CD III 1=y „'`I�.Y•__ _ _ �� N � % °' _c Ch t 3 w r v r 1 4J Is- w i. ° tD !eou�38G ..t - v c v m � o n if—A rml�--rA; L RECEIVED APR 18 20113 DUBLIN PLANNING Creative Autism solutions Team CAST CUP Application "Written Statement" A. What type of business, activity or use are you proposing? CAST will be creating a desperately needed after-school program for children and young adults with autism, ages 6-12 and 13-24, called"Here We Grow. There is a great deficit in available effective programs for ASD children during the hours of 1:00-6:OOpm, and in fact, this is creating hardships for families as it prevents both parents from securing meaningful employment. Physical and Occupational therapy, art, yoga, gross motor exercise, social skills, balance board classes, 1:1 attention in special playrooms and a sensory"chill-out" room will be available to participants of Here We Grow-all under one roof! An anomaly in the world of autism today! B. How many employees will you have or propose to have? Our goal is to have each ASD child have their own"buddy"at Here We Grow. The buddy may be a paid staff member, volunteer or"Team Teen"trained peer playmate. Maximum number of student is 50, and the maximum number of staff is 25. C. What are the proposed hours and days of operation? M-F 1:00-6:OOpm "Here We Grow" Program Saturday 10:00am-2:OOpm OR 5:00-9:OOpm Respite hours D. Will your business, activity or use target a specific segment of the community? Yes...children and young adults on the autism spectrum. Ages 6-24. Also, we'll be recruiting their neuro-typical peers as"buddies"and playmates. E. In what ways will your business, activity or use benefit the community? I founded CAST in 2010 and we received our 501C3 tax exempt status from the IRS in September of 2012 (#45- 1877605). The creation of CAST came out of the experience I have had personally with my son and the challenges my husband and I have faced struggling to attain services which could help him. We drive all over the Bay Area to various therapists, putting hundreds of miles on our car and taking precious time out of our son's day traveling instead of playing with him and working on his autistic challenges. Those of us who have jobs end up paying someone else to do this and the"money-pit"grows deeper. Our story echoes that of thousands of parents all over the world as the"epidemic of autism" has dramatically increased in the recent years. I have been truly inspired by my son, his strength and his ability to see joy in the smallest detail of his everyday life. I am in awe of his courage as he works so hard to accomplish that which is not challenging for most of us. But conversely, I have also been inspired by constantly hearing the following phrases from entities which exist to help parents like me: "We don't do it that way...we don't have a program like ATTACHMENT 2 that...would you like to be added to our waiting list?...that will cost $150/hour...we don't think that's"right"for your child...he's doing really well (for a child with autism)," and the list goes on... Our Mission has attracted a creative group of knowledgeable parents and professionals who have been touched in some way by an Autism Spectrum Disorder. With 1 in 78 (1 in 54 boys) being diagnosed with an ASD, it is time to"think outside the box and create some innovative solutions to the challenges families face every day as they assist their loved one in overcoming the challenges of autism. So, here we are, the"Creative Autism Solutions Team", "Embracing the Possibilities"...enhancing the lives of children and families with autism and other neurological challenges. How will be specifically benefit the community? 1. Save families time and stress driving all over the Bay area to get services and care for their child on the autism spectrum by providing a local after-school program and therapies under one roof. 2. Offer AFFORDABLE, loving care for the ASD child. 3. Provide a safe, comfortable and sensory-friendly environment for ASD children. 4. Provide a"TeamTeen"training program for neuro-typical peers. This will train compassionate peers in how to relate to and involve ASD people in typical social interactions. We are hopeful that the understanding of autism and its challenges, the enriching training and accepting attitude nourished at"Here We Grow"will be carried back into the public school system in which these trained peers attend. We hope to see a reduction of the"bullying"and ostracizing that is so prevalent in public schools today. 5. Provide the young adults, ages 22-24, a place to go for fun, effective and therapeutic social play. This demographic is especially in dire need of a program in which to participate. At age 22, these young people"age out"of their state sponsored day programs. This often creates stress, panic, sadness and desperation in the parents of these young people. Some of these ASD young people are non-verbal and still not toilet-trained. There are VERY FEW programs which are accepting of people with such challenges. We must provide an option in our community which can directly serve this population. 6. Offer much needed respite times for parents of ASD children. F. Are there any ways in which your business, activity or use may disrupt the peace of the surrounding residents or businesses? No. G. Will your business create any negative effects on the health or safety of people residing or working in the vicinity? No. H. Will your business create any negative impacts on property, transportation systems, or existing improvements in the neighborhood? No. I. Is the proposed project located on a hazardous waste and substances site? No. RESOLUTION NO. 13-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A CONDITIONAL USE PERMIT FOR THE OPERATION OF A DAY CARE CENTER AT 6533 SIERRA LANE (APN 941-0205-020-00) PLPA-2013-00016 WHEREAS, the Applicant has requested approval of a Conditional Use Permit for the operation of a Day Care Center for up to 50 children and 25 employees; and WHEREAS, the Project is located in the Light Industrial (M-1) Zoning District; and WHEREAS, a Day Care Center is permitted in the Light Industrial (M-1) Zoning District subject to approval of a Conditional Use Permit by the Planning Commission; and WHEREAS, the California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared; and WHEREAS, pursuant to the CEQA, the Planning Commission finds this project Categorically Exempt from CEQA, pursuant to CEQA Guidelines Section 15301, Existing Facilities; and WHEREAS, a Staff Report was submitted to the City of Dublin Planning Commission recommending approval of the Conditional Use Permit request; and WHEREAS, the Planning Commission held a public hearing on said application on May 28, 2013 at which time all interested parties had the opportunity to be heard; and WHEREAS, proper notice of said hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony herein above set forth and used its independent judgment to evaluate the project. NOW, THEREFORE, BE IT RESOLVED that the City of Dublin Planning Commission does hereby make the following findings and determinations regarding the Conditional Use Permit: A. The proposed use and related structures are compatible with other land uses, transportation and service facilities in the vicinity in that. 1) the Project is located on a parcel that is developed as a light industrial business center; 2) the Project site is accessible from existing driveways on Sierra Lane; and 3) the Project site is surrounded by existing light industrial and commercial uses. B. It will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that.- 1) the Project will conform to all applicable regulations contained in the Dublin Zoning Ordinance; and 2) ATTACHMENT 3 Conditions of Approval have been applied to the Project to ensure on-going compatibility with the Project's surroundings. C. It will not be injurious to property or improvements in the neighborhood in that: 1) all activities will occur indoors; 2) conditions of approval have been placed on the Project to ensure that the establishment and operation of the Project will be in accordance with all local codes and regulations; and 3) the Project is located within a portion of an existing light industrial business center. D. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use and related structures would not be detrimental to the public health, safety, and welfare in that: 1) vehicular access to the site is available from existing driveways on Sierra Lane; 2) the Project frontage is fully improved with a sidewalk that provides pedestrian access to the Project; and 3) the Project will be served by existing public utilities and services. E. The subject site is physically suitable for the type, density and intensity of the use and related structures being proposed in that: 1) the Project is located on a parcel that is developed as a light industrial business center and is accessible to vehicles and pedestrians from existing driveways on Sierra Lane; 2) a condition of approval has been placed on the Project limiting the hours of operation to between 1:00 p.m. and 6:00 p.m. Monday through Friday; and 10:00 a.m. to 9:00 p.m. on Saturday; 3) a condition of approval has been placed on the Project requiring staggered drop-off and pick-up of children over a one hour period; and 5) all required parking will be provided on the Project site. F. It will not be contrary to the specific intent clauses, development regulations, or performance standards established for the zoning district in which it is located in that: 1) the Project is located within the M-1 Light Industrial Zoning District which conditionally permits the establishment of Day Care Centers; 2) the Project is located on a parcel that is developed as a light industrial business center; and 3) all required parking will be provided on the Project site. G. It is consistent with the Dublin General Plan and with any applicable Specific Plans in that: 1) the Project site has a General Plan designation of Business Park/Industrial; 2) the Project would be located on a parcel that is developed as a light industrial business center; and 3) a Day Care Center is consistent with the General Plan designation of Business Park/industrial. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit for the operation of a Day Care Center as shown on the project plans date stamped received by the Planning Division on March 15, 2013, and in the written statement date stamped received by the Planning Division on April 18, 2013 and incorporated by reference, subject to the following Conditions of Approval: CONDITIONS OF APPROVAL Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Division review and 2 of 8 approval. The following codes represent those departments/agencies responsible for monitoring compliance of the conditions of approval: [PL] Planning; [B] Building; [PO] Police; [PW] Public Works; [ADM] Administration/City Attorney; [FIN] Finance; [PCS] Parks and Community Services; [F] Dublin Fire Prevention; [DSR] Dublin San Ramon Services District; [LDD] Livermore Dublin Disposal; [CO] Alameda County Department of Environmental Health; [Zone 7] Alameda County Flood Control and Water Conservation District, Zone 7; [LAVTA] Livermore Amador Valley Transit Authority; and [CHS] California Department of Health Services. NO CONDITIONS OF APPROVAL Agency When Source Required, Prior to: GENERAL 1. Approval. This Conditional Use Permit approval PL On-going Standard is for Creative Autism Solutions Team (CAST) for the operation of a Day Care Center at 6533 Sierra Lane for up to 50 children/students and 25 employees (PLPA-2013-00016). This approval shall be as generally depicted and indicated on the Project plans dated received by Dublin Planning on March 15, 2013, and written statement dated received by Dublin Planning on April 18, 2013 on file in the Community Development Department, except as modified by the following Conditions of Approval. 2. Effective Date. This Conditional Use Permit PL On-going DMC approval becomes effective 10 days after action by 8.136 the Planning Commission unless appealed before that time in accordance with the Zoning Ordinance. 3. Permit Expiration. Construction or use shall PL 1 year from DMC commence within one (1) year of this Conditional Permit 8.96.020. Use Permit approval or the Permit shall lapse and approval D become null and void. 4. Time Extension. The original approving decision- PL 1 year from DMC maker may, upon the Applicant's written request Permit 8.96.020.E for an extension of approval prior to expiration, approval and upon the determination that any Conditions of Approval remain 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 six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required bV the particular Permit. 5. Modifications. The Community Development PL On-going DMC Director may consider modifications or changes to 8.100 this Conditional Use Permit approval if the modifications or changes proposed comply with 3 of 8 Chapter 8.100 (Conditional Use Permit) of the Zoning Ordinance. 6. Clarifications and Changes to the Conditions. PL On-going Planning In the event that there needs to be clarification to these Conditions of Approval, the Director of Community Development has the authority to clarify the intent of these Conditions of Approval to the Applicant/Developer by a written document signed by the Director of Community Development and placed in the project file. The Director 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 mitigations resulting from impacts of this project. 7. Revocation of Permit. The Conditional Use PL On-going 8.96.020.1 Permit approval shall be revocable for cause in accordance with Section 8.96.020.1 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 8. Indemnification. The Applicant/Developer shall Various On-going Admin/City defend, indemnify, and hold harmless the City of Attorney 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 Applicant's/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 proceedings. 9. Fees. Applicant/Developer shall pay all applicable FIN Issuance of Standard fees in effect, including, but not limited to, Planning Building fees, Building fees, Traffic Impact Fees, TVTC Permits fees, Dublin San Ramon Services District fees, Public Facilities fees, Dublin Unified School District School Impact fees (per agreement between Developer and School District), Fire Facilities Impact fees, Noise Mitigation fees, Inclusionary 4of8 Housing In-Lieu fees, Alameda County Flood and Water Conservation District (Zone 7) Drainage and Water Connection fees; or any other fee that may be adopted and applicable. 10. Requirements and Standard Conditions. The Various Building Standard Applicant/Developer shall comply with applicable Permit City of Dublin Fire Prevention Bureau, Dublin Issuance Public Works Department, Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. PLANNING 11. Use. All business/activities shall be conducted PL On-going DMC entirely within the building. 8.28.020 12. Approval Period. This Conditional Use Permit PL 1 year of Planning approval shall be null and void in the event the Permit approved use fails to be established within one approval and year, or ceases to operate for a continuous one- On-going year period. 13. Annual Review. On an annual basis, this PL On-going Planning Conditional Use Permit approval may be subject to a review by the Community Development Director to determine compliance with the Conditions of Approval. 14. Hours of Operation. The approved hours of PL On-going Planning operation shall be: Monday through Friday 1:00 p.m. to 6:00 p.m. Saturday 10:00 a.m. to 9:00 p.m. The Applicant shall allow staggered drop-off and pick-up of children/students over a 1 hour time period, and shall be responsible for ensuring that the drop-off and pick-up of children is conducted in a safe, orderly manner that does not negatively 5 of 8 impact surrounding businesses. 15. Parking. A total of 35 parking spaces (10 spaces PL On-going Planning for drop-off/pick-up and 25 spaces for employees) shall remain available for use by CAST during the approved hours of operation. No company vehicles are permitted as part of this approval. 16. Business License. The Applicant shall apply for Various Occupancy Various a City of Dublin Business License prior to commencing operation of the Day Care Center. 17. Permanent Signs. All signage shall conform to PL On-going DMC Chapter 8.84 of the Dublin Zoning Ordinance at all 8.84 times. Window signs shall be limited to 25% of the window area. All temporary promotional signs and banners require a Zoning Clearance from the Plannin Division prior to installation. 18. Outdoor Events. Any outside events shall be PL On-going DMC subject to the Temporary Use Permit requirements 8.108 contained in the City of Dublin Municipal Code, specifically Section 8.108.020. 19. Property Maintenance. The Applicant/Developer PL During DMC and property owner shall be responsible for Construction 5.64 maintaining the site in a clean and litter free , Through condition during construction and through Completion completion. Per the City of Dublin Non-Residential and On- Property Maintenance Ordinance, DMC Section going 5.64.050, the Applicant/ Property Owner shall maintain the building, site and all signage in good condition and shall keep the site clear of trash, debris and graffiti vandalism on a regular and continuous basis. 20. Graffiti. The Applicant, and/or Property Owner PL On-going DMC 5.68 shall keep the site clear of graffiti vandalism on a regular and continuous basis, at all times. Where feasible, graffiti resistant materials should be used. 21. Noise. The Applicant shall control all activities so PL On-going DMC as not to create unusual or unnecessary noise 5.28.020 which annoys or disturbs or injures or endangers the health, repose, peace or safety of any reasonable person of normal sensitivity present in the area. 22. Non-Residential Security Requirements. The PL On-going DMC property owner and/or their designee shall comply 7.32.300 with the City of Dublin Non-Residential Security Requirements. BUILDING 23. Building Codes and Ordinances. All project B Through Building construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 6of8 24. Building Permits. To apply for building permits, B Issuance of Building Applicant/Developer shall submit five (5) sets of Building construction plans, two (2) engineered calculation Permits reports, and two (2) energy reports directly to the Building Division for plan check. Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. Exterior signage requires separate permits. 25. Construction Drawings. Construction plans shall B Issuance of Building be fully dimensioned, accurately drawn (depicting Building all existing and proposed conditions on site), and Permits prepared and signed by a California licensed Architect or Engineer. All structural calculations (if required) shall be prepared and signed by a California licensed Architect or Engineer. 26. Addressing. Address will be required on all doors B Occupancy Building leading to the exterior of the building. Addresses shall be illuminated and be able to be seen from the street, 5 inches in height minimum. FIRE 27. Fire and Building Codes. Applicant must meet F Issuance of Fire all Building and Fire Code requirements at the Building time of building permit submittal. Permits DUBLIN SAN RAMON SERVICES DISTRICT 28. Plan Submittal. Prior to issuance of any building DSR Issuance of DSRSD permit, complete improvement plans shall be Building submitted to DSRSD that conform to the Permits requirements of the Dublin San Ramon Services District Code, the DSRSD "Standard Procedures, Specifications and Drawings for Design and Installation of Water and Wastewater Facilities", all applicable DSRSD Master Plans and all DSRSD policies. 29. Fees. Prior to issuance by the City of any Building DSR Issuance of DSRSD Permit or Construction Permit by the Dublin San Building Ramon Services District, whichever comes first, all Permits 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 7 of 8 established in the DSRSD Code. 30. Sewer and Waterlines. No sewer or waterline DSR Issuance of DSRSD construction shall be permitted unless the proper Building utility construction permit has been issued by Permits DSRSD. A construction permit will only be issued after all of the items in Condition No. 29 have been satisfied. 31. Hold Harmless/Indemnify. The applicant shall DSR On-going DSRSD hold DSRSD, its Board of Directors, commissions, employees, and agents of DSRSD harmless and indemnify and defend the same from any litigation, claims, or fines resulting from the construction and completion of the project. 32. Recycled Water. Improvement plans shall DSR Issuance of DSRSD include recycled water improvements as required Building by DSRSD. Services for landscape irrigation shall Permits connect to recycled water mains. Applicant must obtain a copy of the DSRSD Recycled Water Use Guidelines and conform to the requirements within. PASSED, APPROVED AND ADOPTED this 28th day of May 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 8 of 8 OF ED � d STAFF REPORT 1` - 82 PLANNING COMMISSION /l IFCQ) DATE: May 28, 2013 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA 2013-00003 Neighborhood E-2 The Heights at Positano Site Development Review for a portion of the Positano project which includes 84 single-family detached residential units on approximately 21.08 acres within Tract 8109 Report Prepared by Mike Porto, Consultant Planner EXECUTIVE SUMMARY: KB Home is proposing to construct 84 single-family detached homes on 21.08 acres within Neighborhood E-2 of the Positano planned community. The proposed project is identified for marketing as The Heights at Positano and will provide four separate floor plans with three of four architectural elevation styles available for each plan. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the Applicant and the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution approving a Site Development Review Permit for The Heights at Positano (Neighborhood E-2) for 84 single-family detached residential units on approximately 21.08 acres within Tract 8109 (Lots 1 through 84). Submitted By: Reviewed By Consulting Planner Assistant Community Development Director COPIES TO: Applicant File ITEM NO.:—E Page 1 of 10 GAPAM20131PLPA-2013-00003 E-2 The Heights @ Positano\PCSR Heights E2 @ Positano 5.28.13.doc PROJECT DESCRIPTION: Background The Positano project is a 488-acre area which is part of the 1,134-acre Fallon Village master plan located within the Eastern Dublin Specific Plan (EDSP). The Planned Development Zoning for Positano (PA 05-038) was approved in December 2005 and includes a Stage 1 and Stage 2 Development Plan. Vesting Tentative Tract 7586 was approved in November 2005 by Planning Commission Resolution 05-61 as a subdivision of 1,043 low density residential lots within Positano. Neighborhood E-2 (The Heights at Positano) includes 84 single-family residential lots within Tract 8109 and is the last neighborhood in Positano to be approved for development. The Positano project generally is located east of Fallon Road. Neighborhood E-2 is comprised of 84 lots within approximately 21.08 acres. The project is located in the southeast portion of the Positano project area: north of the Croak property; east of Croak Road and the open space corridor; and south and west of Veneto (Neighborhood E-1). The vicinity map below shows Neighborhood E-2 in relation to the Positano neighborhood over all: FROJEC SITE A � v F w FALLON a� VILLAGE PARKTyAY o q j �G��p+ Vicinity Map Primary access to Neighborhood E-2 is from Positano Parkway past the elementary school site where it crosses the open space corridor and terminates with an intersection at the end of Croak Road. The primary entrance into Neighborhood E-2 is Tramonti Drive where it connects with South Terracina Drive, a loop road that connects with Croak Road at the southerly boundary of this neighborhood and with a northerly segment stresSee Att chment 2, Plan that Neighborhood g Tab , Neighborhood E-2 also is served by two internal Sheet C1.A). The project site currently is vacant and increases in elevation from the south and west to the north and east. The site has been mass graded in accordance with the Conditions of Approval for Vesting Tentative Tract Map 7586. Finish grading for home site pads and construction of 2of10 streets and infrastructure for much of the project area currently are underway. Non-native vegetation has been removed with the mass grading. The Applicant, KB Home, currently requests approval of a Site Development Review (SDR) Permit for 84 single family detached homes (Attachment 2). The proposal includes four different floor plans, all two stories, with each floor plan offered in three of four different architectural styles. Neighborhood E-2 represents 8.1% of the units approved for the Positano project over all. ANALYSIS: The SDR addresses the architecture, as well as front yard landscaping, hardscape, and details for walls and fencing. As with the neighborhoods approved and constructed previously within Positano, Neighborhood E-2 is subject to the development regulations and design standards approved and adopted with the Stage 2 Development Plan. Site Layout/Plotting— The street and plotting pattern for the Neighborhood E-2 previously were approved by the Planning Commission with the adoption of Vesting Tentative Map 7586. The sloping terrain has a marked influence on this neighborhood subdivision with over half of the lots (43 of the 84 lots) fronting onto the internal loop road, 37 lots situated on internal blocks, and 4 lots transitioning into Neighborhood E-1 north of the primary intersection. The project will not block views of the protected primary ridgeline to the north and east. As a water quality control measure, a bio-retention basin is located within the boundaries of Neighborhood E-2 at the southwest corner along Croak Road. The minimum lot size for this neighborhood is 5,000 square feet with minimum dimensions of 50 feet by 100 feet. However, the lots range in size from a minimum of 5,288 square feet (Lot 8) to as large as 14,304 square feet (Lot 30). As with the other neighborhoods within Positano, site coverage is limited to a maximum of 45% for two-story floor plans, including covered front porches. The homes planned for this neighborhood are similar in style and size to other homes on similar size lots already constructed in Positano and neighboring Dublin Ranch. None of the development standards (i.e., lot size, setbacks, building height, parking, etc.) adopted as a part of the Stage 2 Planned Development Zoning are proposed to be changed. Rear yards are required to have a 5-foot minimum depth with an overall average depth of 12 feet. The rear yard setback exceeds these dimensions depending on the floor plan type placed on each individual lot. All lots are required to have a usable (flat) rear yard area at a minimum of 400 square feet with that area having a minimum dimension of 10 feet. For this project, a typical lot is anticipated to have a minimum m lof area of 792 feet to 18 feet.square feet with a standard rear yard setback of ranging in depth from a In concept, any of the four approved floor plans would be permitted among the 84 lots subject to maximum coverage requirements of 45%. The Site Development Plan for this Neighborhood (Sheet C1.A of Attachment 2) is accompanied by a plotting matrix/fit list (Sheets C1.13 and C1-C) that shows each of the 84 lots and which of the four approved floor plans would be permitted subject to the coverage limitations, including covered front porches. As with previously approved SDRs for the Positano project area, this flexibility would be allowed within the plotting parameters described as follows: - Any single floor plan may not exceed 40% of the subdivision. 3of10 - Individual floor plans may be placed next to each other. However, only two of the same individual floor plans may be plotted next to each other without being interrupted by a different floor plan. If two of the same individual floor plans are plotted next to each other, the same individual floor plan may not be plotted across the street from the two. In no case will the same architectural elevation or color scheme be allowed next to or across the street from each other, unless they are a different individual floor plan. The purpose of allowing this flexibility is to enhance sales and marketing while maintaining sufficient diversity along the street scene. Also, the ability to plot any house on any lot will add a more distinctive look to the neighborhood and eliminates the repetitious look of many subdivisions. These standards have been included as Condition #22 of Attachment 1. As individual plot plans are submitted for each phase of development, the Applicant shall provide a master plotting plan for the previous phases to ensure compliance with these standards. The proposed project would comply with all adopted development standards. Of the 84 lots, over half can accommodate any of the four floor plans in each of the elevation styles offered for each particular plan. Model homes for this tract are proposed to be located on Lots 63, 64, 65, and 66. Floor Plans - The four floor plans proposed for this project would range in size from 3,148 square feet for Plan 1 to as much as 4,369 square feet for Plan 4 depending on the build-out options offered. All floor plans are two stories with covered front porches and at least four bedrooms. Living rooms are located at the front of the home near the entry and with the kitchen and family room oriented towards the rear of the ground floor. All plans have front entry double garages and, except for Plan 1, garage faces are sited behind the entry. All plans have a dedicated dining area and informal nook, except for Plan 4 which opts for a larger formal Living Room with integrated Dining and Great Rooms. All plans have direct access from the garage to the ground floor. All kitchens have a large island (optional on Plan 3), and all plans can accommodate at least one optional non-wood burning fireplace in the Family Room/Great Room area. Depending upon build-out options for Plans 2 and 3, all plans could be provided with a ground floor bedroom including full en suite bathroom. Bathroom facilities in the form of a powder room at a minimum are located on the ground floor. Plans 2 and 4 are provided with one tandem parking space in the garage in addition to the two required spaces which may be built out as a ground floor bedroom with full en suite bathroom. All plans are configured with the master bedroom on the second floor at the rear of the structure Each master bedroom is provided with double basins, private water closets (toilet), and separate tub and shower. Each master suite has one large or two smaller walk-in closets. Some secondary bedrooms are provided with en suite bathrooms and walk-in closets. In addition to the build-out options of the tandem garage space for Plans 2 and 4, additional bedrooms with a full en suite bathroom can be configured r located and the secondp floor for all budt Plan 2 where t on two of the 4 plans. Laundry room is located on the ground floor. Table 1 shows proposed square footage, bedrooms, bathrooms, parking, available styles, and the living space options for each of the proposed plans. 4of10 Table 1: Neighborhood E-2 (The Heights at Positano) - Floor Plans Floor Bedrooms Bathrooms Square Footage Elevations(3) Parking Optional Living Space Plan(' (t ical Plan 1 5 3.5 3,148 sf A, B, & C 2 -- Tandem parking space in Plan 2 4 + 1 opt. 3.5 + 1 3,427 sf A, B, & D 2 + 1(4) garage may be built out as + loft ground floor bedroom (#5) with full en suite bathroom. Ground floor den may be built out as Bedroom#5 or 4 + 1 opt. 2.5 or 3 3,608 sf A, B, & D 2 additional Living Room Plan 3 + 1 opt. + 1 opt. area. Loft may be built out as Bedroom#6 with full en suite bathroom. Tandem parking space in garage may be built out as a second ground floor Plan 4 5+11 opt. 4.5 + 1 opt. 4,014-4,369 sf B, C & D 2 + 1(4) bedroom (#6)with full en suite bathroom. Loft may be built out as Bedroom#6. Den near entry. Total: 84 units 1') Any floor plan is limited to no more than 40%of the total (2) Living area only (3) (A) Cottage, (B) Cape/Coastal Seaboard, (C) Craftsman and (D)Tuscan (4) Tandem space(s) Plan 1 — Plan 1 is the smallest at 3,148 square feet and has limited build out options, Plan 1 is designed with the Living Room off of the entry. The fifth bedroom on the ground floor with full en suite bathroom is a standard feature with the living areas served by a ground floor powder room. A u-shaped kitchen surrounds a large island. The second floor includes four bedrooms. The Master Bedroom suite has two walk-in closets. Bedrooms #2, #3, and #4 are served by a full upstairs bathroom with dual basins. Bedroom #3, located over the garage, is provided with a walk-in closet. (See Attachment 2, Architecture tab, Sheets A1.3-4, A1.6-7 and A1.9-10) Plan 2 - Plan 2 is 3,427 square feet. Plan 2 and Plan 4 are similar in that they both allow the tandem space in the garage to be built out as a ground floor bedroom with full en suite bathroom. In the case of Plan 2, this optional area is labeled as a Junior Master bedroom. Without the option, this floor plan does not offer a ground floor bedroom as a standard feature. Also, it is different from the other three plans by the placement of a sideyard courtyard or patio separating the living room and entry area from the formal dining room. This feature enhances natural light between the two rooms. Also, it is the only one of the four plans with a ground floor Laundry room. The second floor includes the Master Bedroom suite, Bedrooms #2 and #3 served by a dual-basin bathroom, and spacious loft space. Bedroom #4 located at the front of the house over the garage is provided with a walk-in closet and full en suite bathroom (See Attachment 2, Architecture tab, Sheets A2.2-3, A2.6-7 and A2.10-11) Plan 3 - Plan 3 has 3,608 square feet of living area with 4 bedrooms and as many as two more bedrooms depending on build-out options. A formal living room connected to a formal dining area is located off of the entry. Ground floor build out options include a fifth bedroom with walk- in closet and full detached bathroom or an expanded (super) family room area. In addition to the Master Bedroom suite, Bedrooms #2, #3, and #4 each are provided with a walk-in closet and are served by a full dual-basin bathroom. The second floor loft space may be built out, as a fifth or sixth bedroom, with a full en suite bathroom (See Attachment 2, Architecture tab, Sheets A3.2-3, A3.5-6, and A3.8-9) 5of10 Plan 4 - Plan 4 is the largest of the floor plans at 4,014 square feet. With build-out of the tandem space, the size of the home could be as much as 4,369 square feet. This optional area, identified as a Junior Suite, could add 355 square feet and be built out as a sixth or seventh bedroom with full en suite bathroom, or second ground floor suite, depending upon other build out options. Plan 4 is the only one of the four plans with a dedicated den off of the entry and a Butler's pantry connecting the Living Room and Kitchen area: it also serves as the location for garage interior access. A Great Room along the rear of the ground floor integrates the Kitchen and casual living areas including a larger dining area in place of a nook. In addition to the Master Bedroom suite, the second floor is provided with a Junior Master bedroom including a walk-in closet and full en suite bathroom. Two secondary bedrooms and build out of optional loft space as a sixth bedroom, all with walk-in closets, would be served by one full dual-basin bathroom. Potentially, this floor plan could be built out with as many as four of seven bedrooms provided with a full en suite bathroom. (See Attachment 2, Architecture tab, Sheets A4.2-3, A4.6-7, and A4.10-11) Architecture - The Stage 2 Planned Development Zoning was adopted with Design Guidelines which include a series of architectural styles. The SDR for Neighborhood E-2 offers four architectural styles with three of the four styles for each of the four floor plans. The homes are designed with front porches, themed architectural elements integrated into the front facades, and enhanced corner elevations that wrap the sides of the structures and articulated with second story window projections. Since no one-story floor plans are proposed, floor plans and elevations have been designed to present one-story elements along the street elevation to enhance pedestrian scale and recessed second story elements along the sideyards to create openness and the appearance of reduced mass which also provide a visual distinction between first and second stories. Garage facades have been de-emphasized on three plans, with architecture forward plans, multi-plane front elevation setbacks, and recessed doors. The use of multiple styles is intended to enhance the diversity of the street scene with varied roof forms, pitches, and overhangs; window shapes and mullion variations; shutter configurations; trim profiles; gable end treatments; exterior materials; and style-specific details. Among the four styles, exterior elevations of all styles primarily are stucco. Exterior materials also include stone accents in three styles of manufactured El Dorado stone on the Cottage, Craftsman, and Tuscan styles and brick veneer for the Cape/Coastal Seaboard style. To provide wide diversity to the exterior elevations and architectural styles, nine color and materials palette combinations are available among the four styles. Painted stucco exterior may include one or more colors depending upon accent walls. Roof materials are flat concrete tile for the Cottage, Craftsman, and Cape/Coastal Seaboard styles in a palette of eight colors, and concrete S-tiles for the Tuscan styles in two colors. (See Attachment 2, Architecture tab, Sheets A5.0, A5.1, and A5.2) Decorative metal porch railings would be used on the Cape/Coastal Seaboard and Craftsman styles. The Cottage and Cape/Coastal Seaboard styles are designed with the higher ridge beams while the Craftsman and Tuscan styles present a lower profile ridge beam. A row of glass window panes in the roll-up garage doors is an optional feature on all styles. The following provides an abbreviated description of each approved architectural style reflecting the proposed exteriors in Neighborhood E-2: - (A) Cottage - This style used on Plans 1, 2, and 3. It uses a steeper roof pitch with a ridge beam parallel to the street and combination of gable ends and hip configurations; 6of10 an abbreviated hip is used to further enhance one-story elements on the sideyard facades. A manufactured stone veneer base is balanced by wooden features in the form of wooden porch posts supported by wooden corbels. Gable ends are enhanced by a rectangular louvered gable end vent. Grouped windows present vertical elements articulated with foam trim. Enhanced window treatments include roof-structured awnings supported by wooden corbels with kickers. - (B) Cape Coastal Seaboard — This style is used on all four plans. The Cape/Coastal Seaboard style, along with the Cottage style uses a steeper roof pitch in a hip configuration and higher ridge beam than the other two styles with false exposed rafter tails or corbels. In addition to stucco, exterior finishes include a brick veneer base element or a shingled upper story and shingled siding with banded accents on front and enhanced facades. Front porch columns are smooth-panel boxed wooden posts with wood trim on brick veneer columns. The front porch is enclosed with a vertically patterned decorative metal railing. Windows are divided with large panes in the lower half and square patterned mullions in the upper half; windows are framed by louvered shutters, thick headers, and heavy sills. The front elevation of Plans 3 features a round accent window in an upstairs closet. (C) Craftsman — This style is used on Plans 1 and 4. Along with the lower roof pitch, this style has a lower ridge line which runs perpendicular to the street. Roof forms generally are gable with exposed ridge beam ends framed by wooden corbels accented with kickers. This style uses the most wood and stone elements with a manufactured stone veneer base and horizontal wood siding above on front and enhanced elevations, including gable ends. Side and rear gable ends are embellished with single or dual louvered vents with Craftsman styled and shaped frames. The front porch is supported with round wooden columns on a stone-clad base. Windows are divided with large panes in the lower portion and smaller vertical panes in the upper portion. Windows are delineated with shaped and stylized wood trim on headers, sills, and sides. The front porch features a stucco soffit with shaped foam trim. On Plan 1 it is enclosed with a decorative metal railing. (D) Tuscan - This style is used on Plans 2, 3, and 4 is configured with low hip roof forms on Plans 2 and 4, and gable roof forms on Plan 3 with the ridge line running parallel to the street. This style is the only one of the four with concrete s-tiles for the roof. In addition to stucco, the exterior accent material includes manufactured stacked stone veneer as a base or porch enclosure. The front porches on Plans 2 and 3 feature a half- round stucco soffit above a stone clad arched entry. Plan 4 presents wooden porch posts on a stone clad base. Windows are symmetrical with square or rectangular panes and accented with heavier sills and headers. Decorative awnings accent the upper level windows of Plan 3. Gable ends are embellished with a single rectangular inset or with single or dual louvered vents on side and rear facades. Parking - In accordance with the development standards, each of the 84 single-family homes in Neighborhood E-2 is provided, at a minimum, with a two-car garage resulting in compliance with the minimum requirement of 168 covered spaces. In addition, Plans 2 and 4 include a third single tandem space within the car garage. On both plans, this space may be built out as a ground floor bedroom. All units are required to provide one guest space, a minimum of 84 guest spaces for Neighborhood E-2 overall which are proposed to be provided curbside within the public right-of- way. Attachment 2, Sheet C4, presents the calculation of required and available parking, and 7of10 identifies 136 spaces as guest parking to be located curbside along each of the public streets within the project, except where marked for traffic safety and access by emergency vehicles, exceeding the requirement. Landscaping/Fence Plan - The Landscaping Plan in the current submittal generally is consistent with the plans approved with previous SDRs for neighborhoods within Positano. (See Attachment 2, Landscape Architecture tab, Sheets L.1 through L.11) As with the SDRs approved previously, and in accordance with the landscape theme established with the Stage 2 Development Plan previously approved, the landscaping is proposed to include trees lining the neighborhood streets, parkways, and landscaped strips. All project streets and paths paralleling the streets will be shaded and enhanced by trees and plantings. Hardscape elements along with landscaping will be used to create neighborhood entries and identity. The landscape plans in the current submittal have been prepared to reflect the building footprint of each floor plan and the slope of each lot. In addition to the street tree plan for the neighborhood, a typical landscape/site plan is provided for both interior and corner lots for each of the four floor plans. The landscaping for the parkways and the individual lots will be required to conform to the City Water Efficient Landscape Ordinance. The street landscaping and perimeter fencing unify the neighborhood and integrate it with the adjacent neighborhoods within Positano. The walls and fence designs proposed for Neighborhood E-2 are consistent with the design and hierarchy of walls and fences previously approved for the Positano planned community through the Stage 1 and Stage 2 Development Plans. As with the other tracts and neighborhoods within Positano, the fence plan takes into consideration retaining walls, lattice-top fences, and view fences of an appropriate height where necessary and as the interface between adjacent properties on the upslope, the down slopes, and/or abutting public right-of-way. A community themed wall will be constructed near the neighborhood entry at Tramonti Drive where Positano Parkway terminates at the intersection with Croak Road. This style of wall will continue along the east side of Croak Road south of this intersection to South Terracina Drive, the southerly entry into Neighborhood E-2. All other streets within the boundaries of this neighborhood are designed and function as local streets. Affordable Housing/Inclusionary Zoning - The proposed project is subject to an Affordable Housing Agreement approved by the City Council for Positano. The Affordable Housing requirement for the Positano planned community overall would be satisfied by a combination of inclusionary units, granny flats, and a community benefit payment. Public Art Compliance — the project is required to comply with the Public Art Program, and an appropriate Condition of Approval has been applied to this project. (See Attachment 1, page 10, Condition 23). The Applicant has submitted a Public Art Compliance Report included in the project submittal package. Consistency with the General Plan, Specific Plans, and Zoning Ordinance - Under the General Plan and the Eastern Dublin Specific Plan, the area within the proposed project is designated "Single-Family Residential." The site is zoned "PD-Low Density/Single-Family Residential" (PA 05-038). The current SDR request is consistent with the General Plan and Eastern Dublin Specific Plan use designation and Planned Development zoning. 8of10 The proposed project has been reviewed for conformance with the Community Design and Sustainability Element of the General Plan. The project itself is a portion of a larger project already approved that has implemented pathways, gathering spaces, open spaces, and a village concept. The Applicant intends to exceed the minimum 50 point threshold in the City of Dublin Green Building Ordinance. In general, KB Home would be furthering the goals of the Community Design and Sustainability Element of the General Plan by providing a high quality of life and preserving resources and opportunities for future generations. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Building Division, Fire Prevention Bureau, Public Works Department, Dublin Police Services and Dublin San Ramon Services District reviewed the project and provided Conditions of Approval where appropriate to ensure that the Project is established in compliance with all local Ordinances and Regulations. Conditions of Approval from these departments and agencies have been included in the attached Resolution (Attachment 1). ENVIRONMENTAL REVIEW: The proposed project is part of the larger project known as Fallon Village (formerly known as the Eastern Dublin Property Owners, or EDPO). In 2002, a number of owners in Eastern Dublin filed applications for annexation of portions of the current project site to the City and to the Dublin San Ramon Services District (DSRSD.) At that time, the City prepared and certified a Supplemental Environmental Impact Report (SEIR) (SCH # 2001052114, Resolution 40-02) for that project. The SEIR was a supplement to the 1993 Eastern Dublin EIR certified by the City Council on May 10, 1993 (SCH # 91103064, Resolution 51-930). Both the 1993 EIR and 2002 SEIR are incorporated herein by reference. The Fallon Village project proposed in 2005 (for PA 04-040) included a specific proposal for the Braddock and Logan properties (PA 05-038), now referenced as Positano. Based on the results of an Initial Study, the City prepared a Draft SEIR to the 1993 and 2002 EIRs which was circulated for public review from August 23, 2005 through October 6, 2005 (SCH #2005062010). A Final SEIR dated October 2005 containing written responses to all comments received on the Draft SEIR and was reviewed and certified by the City Council on December 6, 2005 by Resolution No. 222-05. Significant unavoidable impacts were identified in these EIR's that required the City Council to adopt Statements of Overriding Considerations with the approval of each EIR. The proposed SDR would not require any further environmental review. PUBLIC NOTICING: In accordance with State law, a public notice was mailed to all property owners and occupants within 300 feet of the proposed project to advertise the project and the upcoming public hearing. A public notice also was published in the Valley Times and posted at several locations throughout the City. A copy of this Staff Report has been provided to the Applicant. ATTACHMENTS: 1. Resolution approving a Site Development Review Permit for The Heights at Positano (Neighborhood E-2) for 84 single- family detached residential units on approximately 21.08 acres within Tract 8109 (Lots 1 through 84). 2. Applicant's submittal package dated May 7, 2013. 9of10 GENERAL INFORMATION: PROPERTY OWNER/APPLICANT: KB Home c/o Ray Panek 5000 Executive Parkway, Suite #125 San Ramon, CA 94583 LOCATION: The project is located in the southeasterly portion of the Positano planned community, at the easterly terminus of Positano Parkway, south and west of Positano Neighborhood E-1 (Veneto at Positano), east of Croak Road and the Positano open space/stream corridor, and north of the Croak Ranch property. APN: 985-0086-07 Tract 8109, Lots 1 - 84 ZONING: PD-Residential: Low Density/Single-Family GENERAL PLAN & EASTERN DUBLIN SPECIFIC PLAN: Residential: Single-Family SURROUNDING USES: LOCATION ZONING GENERAL PLAN LAND USE CURRENT USE OF PROPERTY North PD Low Density Residential Under Construction (Neighborhood E-1) South PD Low Density Residential Vacant East PD Low Density Residential Under Construction (Neighborhood E-1) West PD Open Space Open Space/Stream Corridor 10 of 10 RESOLUTION NO. 13-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING A SITE DEVELOPMENT REVIEW PERMIT FOR THE HEIGHTS AT POSITANO (NEIGHBORHOOD E-2) FOR 84 SINGLE-FAMILY DETACHED RESIDENTIAL UNITS ON APPROXIMATELY 21.08 ACRES WITHIN TRACT 8109 (Lots 1 through 84) PLPA 2013-00003 WHEREAS, the Applicant, KB Home, has requested approval of a Site Development Review for 84 single-family detached residences within the Positano Planned Development known as The Heights at Positano (Neighborhood E-2); and WHEREAS, The Heights at Positano (Neighborhood E-2) is approximately 21.08 acres within Tract 8109 (Lots 1 through 84) located in the southeasterly portion of Positano, at the easterly terminus of Positano Parkway, south and west of Positano Neighborhood E-1 (Veneto at Positano), east of Croak Road and the Positano open space/stream corridor, and north of the Croak Ranch property; and WHEREAS, on November 8, 2005, the Planning Commission adopted Resolution No. 05-61 approving Vesting Tentative Tract Map 7586; and WHEREAS, on December 13, 2005, the City Council adopted Ordinance No. 32-05 approving Planned Development (PD) Zoning - Stage 1 Development Plan for the entire 1,134- acre Fallon Village (PA 04-040) and Ordinance 33-05 approving the Stage 2 Development Plan for the 488-acre Braddock & Logan properties (PA 07-005) now known as Positano; and WHEREAS, on December 6, 2005, the City Council adopted Resolution No. 222-05 certifying a Supplemental Environmental Impact Report (SEIR) (SCH #2005062010) to the Eastern Dublin EIR, a program EIR, initially certified by the City of Dublin in 1993 (SCH#91103064) and the Supplemental EIR for the Eastern Dublin Property Owners (EDPO) (SCH # 2001052114) certified in 2002 by Resolution 40-02; and WHEREAS, no further environmental review is required. There are no new impacts identified with this proposed project that are beyond those impacts studied in the Supplemental Environmental Impact Report; and WHEREAS, the 84 lots that comprise The Heights at Positano (Neighborhood E-2) are identified as Lots 1 through 84 of Tract 8109; and WHEREAS, a complete application was submitted and is available and on file in the Community Development Department; and WHEREAS, the Applicant has submitted project plans, including floor plans and elevations, dated May 7, 2013, for a Site Development Review relating to The Heights at Positano (Neighborhood E-2); and ATTACHMENT 1 WHEREAS, the Planning Commission did hold a public hearing on said application on May 28, 2013, for this project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission approve the Site Development Review; and WHEREAS, the Planning Commission did hear and use independent judgment and considered all said reports, recommendations, and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Dublin does hereby make the following findings and determinations regarding said proposed Site Development Review for 84 lots (Lots 1 through 84) of Tract 8109 known as The Heights at Positano (Neighborhood E-2): Site Development Review: A. The proposal is consistent with the purposes of Chapter 8.104 of the Zoning Ordinance, with the General Plan and any applicable Specific Plans and design guidelines because: 1) The project will not undermine the architectural character and scale of development in which the proposed project is to be located; 2) the project will provide a unique, varied, and distinct housing opportunity; 3) the project is consistent with the General Plan and Eastern Dublin Specific Plan Land Use designation of Single-Family Residential; and 4) the project complies with the development standards established in the Planned Development Zoning Stage 2 Development Plan. B. The proposal is consistent with the provisions of Title 8, Zoning Ordinance because: 1) the project contributes to orderly, attractive, and harmonious site and structural development compatible with the existing site lay out and subdivision mapping and blends well with the surrounding properties; and 2) the project complies with the development regulations set forth in the Planned Development Zoning. C. The design of the project is appropriate to the City, the vicinity, surrounding properties, and the lot in which the project is proposed because: 1) the project augments the architectural style offerings in the vicinity; 2) the size and mass of the proposed houses are consistent with the lot sizes and other residential developments in the surrounding area; 3) the project will supply unique and varied floor plan options and enhanced elevations on the corner lots; and 4) the project will provide more design offerings contributing to a more "custom" look of the Positano planned community. D. The subject site is suitable for the type and intensity of the approved development because: 1) the lots have already been subdivided to conform with the General Plan, Eastern Dublin Specific Plan and the Planned Development Zoning Stage 1 and 2 Development Plan for this area, and 2) the proposed homes to be developed on the 2 property meet all of the development standards established to regulate development in Fallon Village. E. Impacts to existing slopes and topographic features are addressed because: 1) the proposed project site is already subdivided; 2) the infrastructure is under construction including streets and utilities; 3) the project complies with the approved grading plan and conforms to the required lot size and building envelope. F. Architectural considerations including the character, scale and quality of the design, site lay out, the architectural relationship with the site and other buildings, screening of unsightly uses, lighting, building materials and colors and similar elements result in a project that is harmonious with its surroundings and compatible with other developments in the vicinity because: 1) the proposed houses will utilize four (4) of the approved architectural style standards established in the Fallon Village Planned Development Plan; 2) the materials referenced in the design guidelines will be utilized; 3) the homes when constructed will blend with and be similar to homes already being constructed in the general vicinity; and 4) the color and materials proposed are similar and complementary to colors and material being utilized on homes currently being constructed in the vicinity. G. Landscape considerations, including the location, type, size, color, texture and coverage of plant materials, and similar elements have been incorporated into the project to ensure visual relief, adequate screening and an attractive environment for the public because: 1) all perimeter landscaping, walls, fences, and hardscape are proposed for construction in accordance with the master plan; and 2) the project front yard landscaping and sideyard fencing is consistent with other developments currently under construction in the vicinity and conform to the requirements of the Stage 2 Development Plan and the Water Efficient Landscape Ordinance. H. The site has been adequately designed to ensure the proper circulation for bicyclist, pedestrians, and automobiles because: 1) all infrastructure including streets, parkways, pathways, sidewalks, and streetlighting are proposed for construction in accordance with the master plan; and 2) development of this project will conform to the major improvements already installed allowing residents the safe and efficient use of these facilities. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby approve the Site Development Review for the proposed project known as The Heights at Positano (Neighborhood E-2) (84 units), as shown on plans prepared by SDG Architects Inc., HWA Landscape Architecture/Site Planning, and Mackay & Somps dated May 7, 2013 subject to the conditions included below. CONDITIONS OF APPROVAL: Unless stated otherwise all Conditions of Approval shall be complied with prior to the issuance of building permits or establishment of use and shall be subject to Planning Department review and approval The following codes represent those departments/agencies responsible for monitonnq compliance of the conditions of approval [PL 1 Planning fBl Building (POI Police [PWI Public Works LP&CSI Parks & Community Services [ADMI Administration/City Attorney, [FINI Finance, fFl Alameda 3 County Fire Department f DSRI Dublin San Ramon Services District [C01 Alameda County Department of Environmental Health, [Z71 Zone 7. NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: PLANNING DIVISION 1. Approval. This Site Development Review approval is for PL Ongoing Standard the construction of 84 single-family detached residential units on approximately 21.08 acres within Tract 8109 (Lots 1 through 84). This approval shall be as generally depicted and indicated on the plans prepared by SDG Architects Inc., HWA Landscape Architecture/Site Planning, and Mackay & Somps dated May 7, 2013 on file in the Community Development Department, and as specified by the following Conditions of Approval for this project. 2. Time Extension. The original approving decision-maker PL One year Standard may, upon the Applicant's written request for an following extension of approval prior to expiration, and upon the approval determination that any Conditions of Approval remain date 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 six (6) months. All time extension requests shall be noticed and a public hearing or public meeting shall be held as required by the articular Permit. 3. Effective Date. This Site Development Review approval PL On going Standard becomes effective 10 days after action by the Planning Commission. 4. Compliance with previous approvals: The Applicant PL On going Standard shall comply with all Conditions of Approval for Vesting Tentative Tract 7586 as approved by the Planning Commission, Resolution No. 05-61 on November 8, 2005. 5. Permit Expiration: Construction or use shall commence PL One year Standard within one (1) year of Site Development Review (SDR) from approval, or the SDR shall lapse and become null and approval void. Commencement of construction or use means the actual construction or use pursuant to the approval, or demonstrating substantial progress toward commencing such use. If there is a dispute as to whether the SDR has expired, the City may hold a noticed public hearing to determine the matter. Such a determination may be processed concurrently with revocation proceedings in appropriate circumstances. If a SDR expires, a new application must be made and processed according to the re uirements of the Dublin Zoning Ordinance. 6. 1 Revocation of permit. The permit shall be revocable for PL Ongoing Standard 4 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: cause in accordance with Chapter 8.96 of the Dublin Zoning Ordinance. Any violation of the terms or conditions of this permit shall be subject to citation. 7. Required Permits. Applicant/Developer shall comply with PL, PW Issuance of Standard the City of Dublin Zoning Ordinance and obtain all Building necessary permits required by other agencies (Alameda Permits County Flood Control District Zone 7, California Department of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, State Water Quality Control Board) and shall submit copies of the permits to the Public Works Department. 8. Requirements and Standard Conditions. The Various Issuance of Standard Applicant/Developer shall comply with applicable Building Alameda County Fire, Dublin Public Works Department, Permits Dublin Building Department, Dublin Police Services, Alameda County Flood Control District Zone 7, Livermore Amador Valley Transit Authority, Alameda County Public and Environmental Health, Dublin San Ramon Services District and the California Department of Health Services requirements and standard conditions. Prior to issuance of building permits or the installation of any improvements related to this project, the Developer shall supply written statements from each such agency or department to the Planning Department, indicating that all applicable conditions required have been or will be met. 9. Modifications: The Community Development Director PL On going Standard may consider modifications or changes to this Site Development Review approval if the modifications or changes proposed comply with Section 8.104.100 of the Zoning Ordinance. 10. Satellite Dishes: The Applicant/Developer's Architect PL Issuance of Project shall prepare a plan for review and approval by the building Specific Director of Community Development and the Building permit Official that provides a consistent and unobtrusive location for the placement of individual satellite dishes. Individual conduit will be run on the interior of the unit to the satellite location on the exterior of the home to limit the amount of exposed cable required to activate any satellite dish. It is preferred that where chimneys exist, the mounting of the dish be incorporated into the chimney. In instances where chimneys do not exist, then the plan shall show a common and consistent location for satellite dish placement to eliminate the over proliferation, haphazard and irregular placement. 11. Indemnification: The Applicant/Developer shall defend, PL, B On going Standard 5 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 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 App Iicant/Deve lope r'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 proceedings. 12. Retaining Walls: The Applicant/Developer shall indicate PL Issuance of Project on the plot plans, with dimensions, the precise location of building Specific the point on the side yard retaining walls where the wall permit material will change from precision block (able to be stuccoed) to split face block. The intent of this condition is to assure that the entire portion of the wall visible to the street (from the perpendicular side-yard fence to the end of the wall closest to the street) is able to be enhanced with stucco material as required in the Planned Development Plan. Also, it is intended that the perpendicular side yard fence should be located at the transition point of the two block materials. No stucco wall face should occur behind the perpendicular side yard fence. Potential issues may arise in the field conditions which will be addressed on a case-by-case basis as directed by the Stage 1 and Stage 2 Planned Develo ment Plan. 13. Clean up. The Applicant/Developer shall be responsible PL On going Standard for clean-up and disposal of project related trash and for maintaining a clean, litter-free site. 14. Controlling Activities. The Applicant /Developer shall PO, PL On going Standard control all activities on the project site so as not to create a nuisance to the surrounding residences. 15. Noise/Nuisances. No loudspeakers or amplified music PO, PL On going Standard shall be permitted to project or be placed outside of the residential buildings during construction. 6 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: 16. Accessory Structures. The use of any accessory PL, B, F On going Standard structures, such as storage sheds or trailer/container units used for storage or for any other purpose during construction, shall not be allowed on the site at any time unless a Temporary Use Permit is applied for and approved. 17. Final building and site development plans shall be PL Issuance of Project reviewed and approved by the Community Development building Specific Department staff prior to the issuance of a building permit permit. All such plans shall insure: a. That standard residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls, if necessary. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including air conditioning condensers, electrical and gas meters, is architecturally screened from view, and that electrical transformers are either underground or architecturally screened. f. That all vents, gutters, downspouts, flashings, etc., are painted to match the color of adjacent surface. g. That all materials and colors are to be as approved by the Dublin Community Development Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes, which affect the exterior character, shall be resubmitted to the Dublin Community Development Department for approval. h. That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. All materials shall wrap to the inside corners and terminate at a perpendicular wall plane. i. That all other public agencies that require review of NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: the project are supplied with copies of the final building and site plans and that compliance is obtained with at least their minimum Code requirements. 18. Fees. The Applicant/Developer shall pay all applicable PW Zone 7 and Standard fees in effect at the time of building permit issuance Parkland In- including, but not limited to, Planning fees, Building fees, Lieu Fees Dublin San Ramon Services District fees, Public Facilities Due Prior to fees, Dublin Unified School District School Impact fees, Filing Each Public Works Traffic Impact fees, City of Dublin Fire Final Map; Services fees, Noise Mitigation fees, Inclusionary Other Fees Housing In-Lieu fees, Alameda County Flood and Water Required Conservation District (Zone 7) Drainage and Water with Connection fees, and any other fees either in effect at the Issuance of time and/or as noted in the Development Agreement. Building Permits 19. Final landscape plans, irrigation system plans, tree PL Issuance of Standard preservation techniques, and guarantees, shall be building reviewed and approved by the Dublin Planning Division permit prior to the issuance of the building permit. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. d. That a plan for an automatic irrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces where applicable. f. That all cut and fill slopes conform to the master vesting tentative map and conditions detailed in the Site Development Review packet. g. That all cut and fill slopes graded and not constructed 8 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: by September 1, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts, etc., which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree, if applicable. i. That a guarantee from the owners or contractors shall be required guaranteeing all shrubs and ground cover, all trees, and the irrigation system for one year. j. That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement, if applicable. 20. Water Efficient Landscaping Regulations: The PL On going Standard Applicant shall meet all requirements of the City of Dublin's Water-Efficient Landscaping Regulations, Section 8.88 of the Dublin Municipal Code. 21. Sustainable Landscape Practices: The landscape PL On going Standard design shall demonstrate compliance with sustainable landscape practices as detailed in the Bay-Friendly Landscape Guidelines by earning a minimum of 60 points or more on the Bay-Friendly scorecard and specifying that 75% of the non-turf planting only requires occasional, little or no shearing or summer water once established. 22. Plotting: The approved Site Development Review would PL Issuance of Project allow any of the four approved floor plans to be building Specific constructed on any of the lots within Neighborhood E-2, permits subject to the site plan and matrix/fit list on Sheets C1.A, C1.B, and C1.0 and the following criteria and limitations: • Any single floor plan may not exceed 40% of the subdivision. • Individual floor plans may be placed next to each other. However, only two of the same individual floor plans may be plotted next to each other without being interrupted by a different floor plan. • If two of the same individual floor plans are plotted next to each other, the same individual floor plan may not be plotted across the street from the two. 9 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: ■ In no case will the same architectural elevation or color scheme be allowed next to or across the street from each other, unless they are a different individual floor plan. 23. Public Art Project: If the project is required to comply P&CS Issuance of Project with Sections 8.58.05A and 8.58.05D of Chapter 8.58 building Specific (Public Art Program) of the Dublin Municipal Code then permits Zoning the Applicant/Developer has elected to pay an in-lieu fee Ord Chp in accordance with Chapter 8.58 of the Dublin Municipal 8.58 Code and shall comply with the Public Art Compliance Report submitted by Applicant/Developer, dated May 7, 2013, and on file with the Planning Department. The value of the public art project is required to equal or exceed 0.5% of the building valuation (exclusive of land) for the project. The Building Official has determined that the total building valuation of the project (exclusive of land) is $43,488,396.00. Therefore, Applicant/Developer will pay a public art fee valued at a minimum amount of $217,441.98. 24. Clarification. In the event that there needs to be PW, PL On going Standard clarification to these Conditions of Approval, the City Engineer or Community Development Director has the authority to clarify the intent of these Conditions of Approval to the Developer without going to a public hearing. The City Engineer or Community Development Director also has the authority to make minor modifications to these conditions without going to a public hearing in order for the Applicant/Developer to fulfill needed improvements or mitigations resulting from impacts of this project. 25. Applicant/Developer shall obtain an Encroachment PW Construction Standard 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 Agreement may not be required. 26. Applicant/Developer shall obtain a Grading / Sitework PW Construction Standard Permit from the Public Works Department for all private grading and site improvements. This will include any community walls or soundwalls installed as part of the project. Wall construction will be subject to plan review by the Public Works Department and the Building Division, and will be subject to special inspections during 10 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: construction. 27. Plot plans shall be submitted for review and approval by PW Building Standard the Public Works Department and the Community Permits Development Department prior to approval of building permits. 28. Roof drainage shall be connected to a closed conduit, PW Tract impmt Standard discharging to a curb drain or connected to the storm agreement drain system. Concentrated flows will not be allowed to drain across public sidewalks 29. The Applicant/Developer is responsible for ensuring that PW During Standard all contractors implement all storm water pollution construction prevention measures in the SWPPP. 30. Removal of Obstructions. Applicant/Developer shall PW Issuance of Standard remove all trees including major root systems and other Occupancy obstructions from building sites that are necessary for Permits public improvements or for public safety as directed by the soils engineer and Public Works Director. 31. Utility Siting Plan. The Applicant/Developer shall PW, PL Issuance of Standard provide a final Utility Siting Plan showing that Grading transformers and service boxes are placed outside of Permits public view where possible and/or screened to the satisfaction of the Community Development Director and Public Works Director. Applicant/Developer shall place all utility infrastructures underground including electric, telecommunications, cable TV, and gas in accordance with standards enforced by the appropriate utility agency. Utility plans showing the location of all proposed utilities shall be reviewed and approved by the City Engineer/Public Works Director prior to installation. BUILDING DIVISION 32. Building Codes and Ordinances: All project B Through Standard construction shall conform to all building codes and Completion ordinances in effect at the time of building permit. 33. Retaining Walls: All retaining walls over 30 inches in B Through Standard height and in a walkway area shall be provided with completion guardrails. All retaining walls located on private property, over 24 inches, with a surcharge, or 36 inches without a surcharge, shall obtain permits and inspections from the Building Division. 34. Phased Occupancy Plan: If occupancy is requested to B Occupancy Standard occur in phases, then all physical improvements within of any each phase shall be required to be completed prior to affected occupancy of any buildings within that phase except for building items specifically excluded in an approved Phased Occupancy Plan, or minor handwork items, approved by Ii NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: the Community Development Department. The Phased Occupancy Plan shall be submitted to the Directors of Community Development and Public Works for review and approval a minimum of 45 days prior to the request for occupancy of any building covered by said Phased Occupancy Plan. Any phasing shall provide for adequate vehicular access to all parcels in each phase, and shall substantially conform to the intent and purpose of the subdivision approval. No individual building shall be occupied until the adjoining area is finished, safe, accessible, and provided with all reasonable expected services and amenities, and separated from remaining additional construction activity. Subject to approval of the Community Development Director, the completion of landscaping may be deferred due to inclement weather with the posting of a bond for the value of the deferred landscaping and associated improvements. 35. Building Permits: To apply for building permits, B Issuance of Standard Applicant/Developer shall submit seven (7) sets of building construction plans to the Building Division for plan check. permit Each set of plans shall have attached an annotated copy of these Conditions of Approval. The notations shall clearly indicate how all Conditions of Approval will or have been complied with. Construction plans will not be accepted without the annotated resolutions attached to each set of plans. Applicant/Developer will be responsible for obtaining the approvals of all participation non-City agencies prior to the issuance of building permits. 36. Construction Drawings: Construction plans shall be B Issuance of Standard fully dimensioned (including building elevations) building accurately drawn (depicting all existing and proposed permit conditions on site), and prepared and signed by a California licensed Architect or Engineer. All structural calculations shall be prepared and signed by a California licensed Architect or Engineer. The site plan, landscape Ian and details shall be consistent with each other. 37. Air Conditioning Units: Air conditioning units and B Occupancy Standard ventilation ducts shall be screened from public view with of unit materials compatible to the main building and shall not be roof mounted. Units shall be permanently installed on concrete pads or other non-movable materials approved by the Building Official and Community Development Director. 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 12 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: shall be located in accordance with the PD text. 38. Temporary Fencing: Temporary Construction fencing B Through Standard shall be installed along the perimeter of all work under completion construction. 39. Addressing: B Issuance of Standard a. Provide a site plan with the City of Dublin's address building grid overlaid on the plans (1 to 30 scale). Highlight all permit and exterior door openings on plans (front, rear, garage, through etc.). (Prior to release of addresses) completion b. Provide plan for display of addresses. The Building Official and Director of Community Development shall approve plan prior to issuance of the first building permit. (Prior to permitting) c. Addresses will be required on the front of the dwellings. Addresses are also required near the garage door opening if the opening is not on the same side of the dwelling as the front door. (Prior to permitting) d. Address signage shall be provided as per the Dublin Residential Security Code. (Occupancy of any Unit). e. Provide a site plan with the approved addresses in 1 to 400 scale prior to approval or release of the project addresses. (Prior to permitting) f. Exterior address numbers shall be backlight and be posted in such a way that they can be seen from the street. 40. Engineer Observation: The Engineer of record shall be B Scheduling Standard retained to provide observation services for all the final components of the lateral and vertical design of the frame building, including nailing, hold downs, straps, shear, roof inspection diaphragm and structural frame of building. A written repo shall be submitted to the City Inspector rp for to scheduling the final frame inspection. 41. Foundation: Geotechnical Engineer for the soils report B Through Standard shall review and approve the foundation design. A letter completion shall be submitted to the Building Division on the approval. 42. Green Building: Green Building measures as detailed B Through Standard may be adjusted prior to master plan check application completion submittal with prior approval from the City's Green Building Official. Provided that the design of the project complies with the City of Dublin's Green Building 13 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: Ordinance and State Law as applicable. In addition, all changes shall be reflected in the Master Plans. (Through Completion) The Green Building checklist shall be included in the master plans. The checklist shall detail what Green Points are being obtained and where the information is found within the master plans. (Prior to first permit) Prior to each unit final, the project shall submit a completed checklist with appropriate verification that all Green Points required by 7.94 of the Dublin Municipal Code have been incorporated. (Through Completion) Homeowner Manual — if Applicant/Developer takes advantage of this point the Manual shall be submitted to the Green Building Official for review or a third party reviewer with the results submitted to the City. (Through Completion) Applicant/Developer may choose self-certification or certification by a third party as permitted by the Dublin Municipal Code. Applicant/Developer shall inform the Green Building Official of method of certification prior to release of the first permit in each subdivision / neighborhood. 43. Electronic File: The Applicant/Developer shall submit all B Issuance of Standard building drawings and specifications for this project in an building electronic format to the satisfaction of the Building Official permit prior to the issuance of building permits. Additionally, all revisions made to the building plans during the project shall be incorporated into an "As Built" electronic file and submitted prior to the issuance of the final occupancy. 44. Construction trailer: Due to size and nature of the B Issuance of Standard development, the Applicant/Developer, shall provide a Building construction trailer with all hook ups for use by City Permits Inspection personnel during the time of construction as determined necessary by the Building Official. In the event that the City has their own construction trailer, the applicant/developer shall provide a site with appropriate hook ups in close proximity to the project site to accommodate this trailer. The Applicant/Developer shall cause the trailer to be moved from its current location at the time necessary as determined by the Building Official at the Applicant/Developer's ex ense. I I 45. 1 Copies of Approved Plans: Applicant/Developer shall B 1 30 days Standard 14 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: provide City with 4 reduced (1/2 size) copies of the after permit approved plan. and each revision issuance SECURITY ANDuPOL1�E `l , ,� x, 5 46. Security During Construction. PO, B, During Standard a. Fencing — The perimeter of the construction site shall PW construction be fenced and locked at all times when workers are not present. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the Public Works Director. b. Address Sign - A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the perimeter street adjacent to construction activities. c. Emergency Contact — Prior to any phase of construction, Applicant/Developer will file with the Dublin Police Department an Emergency Contact Business Card that will provide 24-hour phone contact numbers of persons responsible for the construction site. d. Materials & Tools — Good security practices shall be followed with respect to storage of building materials and tools at the construction site. e. Security lighting and patrols shall be employed as necessary. 47. Graffiti. The Applicant/Developer shall keep the site clear PO, PL Ongoing Standard of graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. PASSED, APPROVED AND ADOPTED this 28th day of May 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: 15 NO. Agency When Source CONDITIONS OF APPROVAL Required, Prior to: provide City with 4 reduced (1/2 size) copies of the after permit approved plan. and each revision issuance SECURITY AND`POLICE _ 46. Security During Construction. PO, B, During Standard a. Fencing — The perimeter of the construction site shall PW construction be fenced and locked at all times when workers are not present. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the Public Works Director. b. Address Sign - A temporary address sign of sufficient size and color contrast to be seen during night time hours with existing street lighting is to be posted on the perimeter street adjacent to construction activities. c. Emergency Contact — Prior to any phase of construction, Applicant/Developer will file with the Dublin Police Department an Emergency Contact Business Card that will provide 24-hour phone contact numbers of persons responsible for the construction site. d. Materials & Tools — Good security practices shall be followed with respect to storage of building materials and tools at the construction site. e. Security lighting and patrols shall be employed as necessary. 47. Graffiti. The Applicant/Developer shall keep the site clear PO, PL Ongoing Standard of graffiti on a regular and continuous basis and at all times. Graffiti resistant materials should be used. PASSED, APPROVED AND ADOPTED this 28th day of May 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Planning Commissioner Chair ATTEST: Assistant Community Development Director G:1PA#120131PLPA-2013-00003 E-2 The Heights @ PositanolPC Reso SDR Heights E2.doc 15 1 ��Ilillli� :ali!iii No i l it 4=0 it i4 I\r ;Fr,■I� Ill 4 • \ All �I 14. ■ I 9 NO ■�. I;�. gi; 41111111 5� rd,4 I • • 1 1 .-- O i N pip w cd M M '--i °' � Ad ° d ^ ~ dc at � U � � � � U Uo (L) y ,� U °p U d OO� O � b '�OM_ U cd C O � O ti cd �_ N c U — v7 O N tnp. -�i ►�iNL� � Q�, ALYiM � � O cd E d I Cd 0 O U � O O ~ U >~ cd" cd 0 �' .g y cd' 0 P� a s U a QO � UUa, a U U a 'onk 4. 4.0 0 C4 W �. 1 4-i cd I I 44 O I I m o U 1 0 H 1 0 0 U 1 w o U O H 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a aCd > � a a � �o o o oi o Cd O O W cd 0r. O 0 .� � WW �+ > > T4 'L3 O ^C O W W b o 'd o 0 "o o o Wfs. 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The revisions to General Plan and the Economic Development Element were approved earlier this year, and the Energy Conservation Element is scheduled for review and consideration in the next fiscal year. At this meeting, the Planning Commission is being asked to make a recommendation to the City Council on the new Water Resources Element. The Water Resources Element has been written to guide the City's efforts to promote and encourage water conservation by existing and future business, residential, and public users, to plan for additional use of recycled water, and to guide efforts to manage the City's stormwater system. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; and 5) Adopt a Resolution recommending City Council approval of a General Plan Amendment to include a new Water Resources Element. Submitted By Re 40 ed By Principal Planner Assistant CommunrY Development Director COPIES TO: File �y ITEM NO.: D ► Page 1 of 3 DESCRIPTION: The City Council expressed interest in preparing new General Plan Elements that have been deemed of interest to the community. One of the City Council's key initiatives for Fiscal Year 2011/2012 was to revise the General Plan, and to create a new Economic Development Element, Water Resources Element, and Energy Conservation Element. The City Council prioritized the preparation of these elements over multiple years. The revisions to General Plan and the Economic Development Element were approved by the City Council on April 16, 2013, and the Energy Conservation Element is scheduled for review and consideration in the next fiscal year. The proposed Water Resources Element is the subject of this staff report. State law requires that the Planning Commission review amendments to the General Plan at a public hearing and make a recommendation to the City Council regarding the amendments. Therefore, the Planning Commission is being asked to review the new Water Resources Element and make a recommendation to the City Council. New Chapter 12: Water Resources Element The City of Dublin does not control the supply or the delivery of water to customers, nor does the City manage flood control facilities. However, the City works in collaboration with other agencies that provide these services, and therefore the scope of the Water Resources Element reflects this reality. The scope of City influence extends mainly to promoting and encouraging water conservation among business and residential users, implementing measures to help treat stormwater, as well as managing the stormwater runoff and pipelines that lead to flood control facilities. The primary purpose of this element and the reason for including this optional Element in the Dublin General Plan is to ensure that the City's water resources are sustained and protected, and to consolidate information and polices related to the conservation and management of water resources, riparian corridors, and watershed lands. The Water Resources Element also defines the stormwater facilities needed to serve Dublin at buildout of the General Plan. The Water Resources Element contains background information on water supply and service in Dublin as well as Guiding and Implementing Policies in the following subject areas: 1. Water Supply 2. Water Conservation and Efficiency in Existing Development 3. Water Conservation and Efficiency in New Development 4. Water Conservation and Efficiency in Public Facilities 5. Water Quality, Flood Protection, and Stormwater Management The Draft Water Resources Element is included as Exhibit A-1 to Attachment 1 of this Staff Report. The document will be formatted in the General Plan design template once the Planning Commission has reviewed and commented on the document. Staff is recommending that the Planning Commission adopt a Resolution recommending City Council approval of a new Water Resources Element (Attachment 1). 2 of 3 CONSISTENCY WITH THE GENERAL PLAN, SPECIFIC PLAN AND ZONING ORDINANCE: The new Water Resource Element has been reviewed for internal consistency with other Elements of the General Plan. The Element has also been reviewed for consistency with the Downtown Dublin Specific Plan, Eastern Dublin Specific Plan, Dublin Village Historic Area Specific Plan and the Dublin Zoning Ordinance; no inconsistencies were found. REVIEW BY APPLICABLE DEPARTMENT AND AGENCIES: The Public Works Department, Environmental Services Division, Dublin San Ramon Services District and Alameda County Flood Control District (Zone 7) reviewed the project and provided input where appropriate to ensure the accuracy of the new Water Resources Element. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with State law, a Public Notice was published in the Valley Times and posted at several locations throughout the City. To date, the City has not received any comments on the proposed amendment to the General Plan to incorporate the Water Resources Element. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and, when applicable, environmental documents prepared. Staff is recommending that the Project be found exempt from CEQA, pursuant to CEQA Guidelines Section 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity can be found exempt from CEQA. ATTACHMENTS: 1) Resolution recommending City Council approval of a General Plan Amendment to include a new Water Resources Element, with the draft City Council Resolution attached as Exhibit A and the Water Resources Element attached as Exhibit A-1. 3 of 3 RESOLUTION NO. 13-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING CITY COUNCIL APPROVAL OF A GENERAL PLAN AMENDMENT TO INCLUDE A NEW WATER RESOURCES ELEMENT PLPA-2013-00022 WHEREAS, one of the City Council's key initiatives for Fiscal Year 2011/2012 was to create a new Water Resources Element of the General Plan; and WHEREAS, in accordance with the California Environmental Quality Act, certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the proposed General Plan Amendment for the new Water Resources Element is exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, consistent with Government Code section 65352.3, the City notified the tribes identified by the Native American Heritage Commission of the opportunity to consult with the City on the proposed General Plan amendment. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, the Planning Commission held a properly noticed public hearing on the Project on May 28, 2013 at which time all interested parties had the opportunity to be heard; and WHEREAS, a Staff Report was submitted recommending that the Planning Commission adopt a resolutions recommending that the City Council approve the Project; and NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin Planning Commission does hereby recommend that the City Council adopt a Resolution approving a General Plan Amendment for the new Economic Development Element, with the draft City Council Resolution attached as Exhibit A and incorporate herein by reference. PASSED, APPROVED AND ADOPTED this 28th day of May 2013 by the following vote: AYES: NOES: ABSENT: ATTACHMENT 1 ABSTAIN: Planning Commission Chair ATTEST: Assistant Community Development Director 2 of 2 Chapter 12 Environmental Resources Management: Water Resources Element 1 Introduction An adequate and high quality water supply is considered a basic need, and the use and quality of water has long been regulated by government. Since water moves easily across jurisdictional boundaries, much of the regulation is at the regional, state and federal levels. However, since cities and counties have legal authority over development and land use, they must consider the adequacy of water supplies and how development affects the quantity and quality of water available for other beneficial uses. The long term adequacy of groundwater and surface water resources has become a major public concern in California. Water related issues include lowered groundwater levels and salt loading, increased stormwater runoff, sediment and pollutants in runoff, water diversions into and out of the watershed of the greater San Francisco Bay Area, summer rationing in dry years, the water needs of fish and wildlife, the rates of water usage, conservation methods, water storage limitations, the growing re-use of water and continuing changes in state and federal regulations. The City of Dublin does not control the supply or the delivery of water to customers, nor does the City manage flood control facilities. However, the City works in collaboration with other agencies that provide these services, and therefore the scope of the Water Resources Element reflects this reality. The scope of City influence extends mainly to promoting and encouraging water conservation among business and residential users, implementing Low Impact Development measures to help treat stormwater, and managing the stormwater runoff and pipelines that lead to flood control facilities. The Water Resources Element is intended to guide these efforts. 1.1 Purpose The primary purpose of this element and the reason for including this optional Element in the Dublin General Plan is to ensure that the City's water resources are sustained and protected, and to consolidate information and polices related to the conservation and management of water resources, riparian corridors, and watershed lands. The Water Resources Element also defines the stormwater facilities needed to serve Dublin at buildout of the General Plan. 1.2 Relationship to other General Plan Elements California Government Code Section 65302 requires a Land Use Element that includes the location and extent of various land uses, and a Conservation Element that includes water and its hydraulic force, rivers and other waters. Section 65302 also states that the Conservation ATTACHMENT 1 TO EXHIBIT A Element may cover control of streams and other waters, protection of watersheds, and flood control. Note, however, that Government Code Section 65301(a) allows a legislative body to adopt a General Plan in any format deemed appropriate or convenient. Some other water-related topics are addressed in other Elements. Water availability as a factor in future development is addressed in the Land Use Element. The Conservation Element addresses riparian corridors and erosion/siltation control. The Schools, Public Lands, and Utilities Element addresses water supply and connections to public water systems. The Public Safety Element addresses flood hazards, fire suppression, and hazardous materials. The Water Resources Element has been developed to be consistent with and complementary to other Elements. References to policies in other Elements are provided where they support or implement the objectives of the Water Resources Element. 1.3 Scope and Organization The Water Resources Element is organized as follows: Section 2 reviews the Legislation and the Regulatory Environment, Water Sources, Water Demand and Use, Conservation and Efficiency, and how to ensure Water Quality and Manage Urban Runoff. Section 3 includes the City's policies to manage water resources, use water efficiently, and ensure water quality, flood protection, and manage stormwater. 2 Background 2.1 Key Legislation and the Regulatory Environment The regulatory environment for water resources can generally be divided into three categories: water supply, water use and conservation, and water quality management. Recent legislation is described briefly below, which explains what is required by mandate and offers insight into why Dublin has some of the ordinances and requirements that it does. Water Supply Legislation In 2001, two water supply planning bills were enacted that require greater coordination and more data to be shared between water suppliers and local land use agencies for large development projects. Senate Bill 610 requires a Water Supply Assessment (WSA) for any development project of more than 500 housing units (or the commercial/mixed-use equivalent). The WSA needs to be part of any CEQA document prepared for the project. If there is not adequate water to reliably supply the project in normal, dry, and multiple dry years, new water sources need to be identified. Senate Bill 221 prohibits any land use agency from approving a subdivision map of more than 500 housing units (or 10% increase in the total number of existing water connections) unless there is written verification from a water provider that a sufficient and reliable water supply is available. Water Use and Conservation Legislation Senate Bill X7-7 was enacted in November 2009, requiring all water suppliers to increase water use efficiency. The legislation sets a statewide goal of reducing per capita urban water use by 20% by December 31, 2020. Collectively, the State of California shall make incremental progress towards this goal by reducing per capita water use by at least 10% by December 31, 2015. Assembly Bill 1881, the Water Conservation in Landscaping Act of 2006, requires that local jurisdictions prepare and adopt a Water Efficient Landscaping Ordinance (WELO). The intent of requiring a WELO for each California jurisdiction is to ensure the installation of water efficient landscapes in new development and to reduce water waste in existing landscapes. Water Quality Legislation The federal Clean Water Act (CWA) was amended in 1987 to address urban stormwater runoff pollution of the nation's waters. In 1990, the United States Environmental Protection Agency promulgated rules establishing Phase 1 of the National Pollutant Discharge Elimination System (NPDES) stormwater program. The California Regional Water Quality Control Board issued the Alameda Countywide NPDES Municipal Stormwater Permit in 2003 to the Alameda Countywide Clean Water Program, of which Dublin is a member. In October 2009, the California Regional Water Quality Contro Board issued the Municipal Regional Stormwater NPDES Permit to the Alameda Countywide Clean Water Program, as well as to permittees in Contra Costa County, Santa Clara County, San Mateo County, Fairfield-Suisun, and Vallejo. Provision C.3 of the permit requires all jurisdictions to use their planning authorities to include appropriate source control, site design, and stormwater treatment measures in development projects to address both soluble and insoluble stormwater runoff pollutant discharges and prevent increases in runoff flows from new development and redevelopment projects. This goal is to be accomplished primarily through the implementation of low impact development (LID)techniques. 2.2 Water Supply rte ."ur mission is#o ef�icienEly ixro ide emu, hi h t�u�0ityr wa9#ewra#er,rid Wsa#fir r� t ' � services to the communities vre serve m ono - tact.,and fisco Jfy responsible manner, 451ir 1t`' W Potable Water The Dublin San Ramon Services District (DSRSD) is the water retailer for residents in the City of Dublin and the Dougherty Valley portion of the City of San Ramon. DSRSD buys wholesale potable water from Zone 7 of the Alameda County Flood Control & Water Conservation District (also referred to as the Zone 7 Water Agency, or Zone 7). Zone 7 obtains water most of its water supply from the State Water Project (SWP), with additional supplies derived from the local watershed and the Byron Bethany Irrigation District. Zone 7 uses the main groundwater aquifers in the Tri Valley area to store imported water. Approximately eighty percent of the valley's water comes from the SWP, traveling from the Sierra Nevada mountains through Lake Oroville and the Sacramento/San Joaquin Delta. The water is then pumped into the South Bay Aqueduct near Tracy, where it enters the Tri-Valley. Zone 7 also pumps DSRSD's groundwater quota for delivery to DSRSD customers. Recycled Water To improve the reliability of the Tri-Valley's water supply, particularly in dry years, DSRSD and East Bay Municipal Utility District (EBMUD.) created the San Ramon Valley Recycled Water Program (SRVRWP) in 1995. The partnership has built a water recycling plant adjacent to the DSRSD wastewater treatment facility and a backbone transmission system that connects to DSRSD and EBMUD recycled pipelines. DSRSD personnel operate these facilities on behalf of the partnership. Recycled water is used in the Tri Valley area primarily by large irrigation customers: golf courses, parks, greenbelts, roadway medians, schools, office complexes, and common areas in homeowner associations. A joint powers authority, the DSRSD-EBMUD Recycled Water Authority (DERWA), governs the partnership. Two directors from each agency serve on the DERWA Board of Directors. Wastewater Collection and Treatment DSRSD owns and operates sewers in the cities of Dublin and San Ramon and a wastewater treatment plant in the City of Pleasanton. Under contract, DSRSD also treats wastewater collected by the City of Pleasanton. DSRSD's service area is shown in Exhibit 12-1. Exhibit 12-1: DSRSD Service Area SAN RAMON ° SAN 7 <Wand tOtt 4W, RAMON San s+E+k.mr.oi aua T)SRSD ":% F i Franx‘4444Y SAN t _oat':- ...... om*s DUM AN I r PLEASANTON Map La'vend (4040 W:u.m.a.•1>„wrn,-d G9mr. DSRSSOW41e.'9Ply i,,(44.s A 401%4 CAMP Wo.-t•wPe.=f am DV S0`+Vast na Sz4,T41Me444)t 1 4C't<3^P(a:;t s'A. DVFD't'e,,,4 Vt4 eavatae 9al aAma A.atrtm4.:trrt.a i WA G:nxrPy(:Ar•ie E.Statq✓SESi.•Par dero -'- ,qyy;sg:a.t N!'(,A•QDN»:saP; Source: DSRSD Urban Water Management Plan(2010) Two wastewater treatment plants serve Tri-Valley residents, businesses, and institutions. DSRSD operates the plant located in the City of Pleasanton, which has a capacity of 17 million gallons per day (MGD). The City of Livermore operates the other plant, which has a capacity of 8 MGD. Regional wastewater disposal matters are the business of the Livermore Amador Valley Water Management Agency (LAVWMA), a joint powers authority formed in June 1974 between DSRSD and the cities of Pleasanton and Livermore. LAVWMA is responsible for maintaining the pipeline that transports treated wastewater from the two treatment plants to San Lorenzo. It is discharged into San Francisco Bay by the East Bay Dischargers Authority, another joint powers authority formed by cities and agencies in the East Bay, which operates and maintains a large outfall system to the Bay. 2.3 Water Demand and Use Potable and Recycled water use in Dublin has generally risen from 2002-2012, as illustrated in the table below. Much of this increased water usage is the result of planned growth. Table 12-1: DSRSD Water Demand in Dublin, 2002-2012 Dublin San Ramon Services District Water Demand Type of Use (Millions of Gallons per Year) 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 Commercial 333.3 558.3 557.6 511.8 455.2 _ 519.0 405.9 278.5 262.4 266.5 267.4 Industrial 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Institutional 357.2 364.0 356.9 363.9 338.1 347.2 389.1 281.9 248.3 242.8 249.1 Irrigation 457.6 433.8 445.7 351.3 387.3 405.4 428.6 372.5 350.6 350.4 391.1 Multi-Family 204.4 227.2 235.3 268.1 261.2 284.3 312.9 320.8 323.5 330.4 337.2 Single-Family 941.7 959.6 1,041.8 1,011.9 1,050.2 1,074.7 1,094.5 1,005.4 957.5 954.6 1,075.5 Total Water Demand 2,294.2 2,542.9 2,637.3 2,507.0 2,492.0 2,630.6 2,630.9 2,259.2 2,142.2 2,144.7 2,320.2 Recycled Water 14.9 99.5 72.9 319.8 182.3 301.7 306.0 315.9 295.8 355.5 398.7 Source: DSRSD(2013) The largest categorical consumer of water is residential users, and more specifically, single- family residential users. Although the total water demand over the past 10 years has increased for the single-family residential category, the total number of single-family households has increased at a greater rate than the total water demand rate. Therefore, the average annual consumption of a single-family household has decreased from 140,700 gallons per year in 2002 to 117,200 gallons per year in 2012 (Source: DSRSD). This 16.4% decrease in the average household consumption is due to many factors, including a greater use of water efficient features, installation of more water-efficient landscapes, and greater public education regarding the importance of water conservation. 2.4 Water Conservation and Efficiency DSRSD has a comprehensive Water Conservation Program in place that includes both supply- and demand-side measures, including audits, incentives, optimal management practices, enforcing wastewater and landscape regulations, education programs, support activities, metering, and pipe replacement. DSRSD also recommends that local cities require water conservation measures as a standard feature in the design and construction of proposed development projects. The City of Dublin currently utilizes several means to promote water conservation and efficiency in new development: • Implementation of Chapter 8.88 of the Municipal Code (Water Efficient Landscape Regulations) which requires that development projects of a certain size and scope be designed with landscape materials and maintenance that is sensitive to reducing water use. Chapter 8.88 conforms to the state mandate to either have a local Water Efficient Landscape Ordinance or require that new projects conform to the statewide Water Efficient Landscape requirements. • Implementation of Chapter 7.94 of the Municipal Code (Dublin Green Building Code), with the purpose of enhancing the design and construction of buildings and encouraging sustainable construction practices in several categories including water efficiency and conservation. • Participation and collaboration with outside organizations and agencies on programs to educate the public and provide hands-on assistance to increase water conservation efforts. The City is also committed to conserving water to the greatest degree possible in public facilities such as community buildings and parks. The City follows the requirements of the Water Efficient Landscape Regulations at all civic sites and implements the recommendations of the Bay Friendly Landscape Guidelines for water-efficient landscapes. In addition, the City has been aggressive in utilizing water efficient appliances and features in the construction of new civic buildings and when remodeling existing facilities. For example, the Shannon Community Center was designed and constructed to LEED Silver certification standards, and included several water conservation elements that contributed to that effort. 2.5 Water Quality, Flood Protection, and Stormwater Management Historically, the Tri-Valley has experienced relatively frequent, but substantial, flooding because many streams which drain large areas of impermeable soils converge in the area. During periods of intense rainfall, runoff rapidly causes some stream flows to exceed floodway capacities and inundate adjacent areas. Extensive flood channel improvements required of development projects during the past 20 years have significantly reduced this type of flood hazard. As a result of good planning and system maintenance, the Tri-Valley now experiences minimal flood damage compared with many other areas of California. Responsibility for flood protection in Dublin lies with Zone 7, which maintains improved flood- control channels and installs new drainage channels. Under Zone 7 permits, development projects have improved many of the existing channels and have created new flood protection facilities. Zone 7 continues to work with local jurisdictions and the development community to identify means and methods to provide greater flood protection in its service area. In 2006, Zone 7 adopted the Stream Management Master Plan (SMMP), which incorporates multi- benefit projects to address flood protection. The local storm drainage system consists of underground pipes, local channels and watercourses, and vegetated swales throughout newer neighborhoods. These facilities carry water runoff within the drainage basin to the flood-control channels and further to regional stormwater facilities. Developers of new projects must install adequately-sized storm drains to connect to the City's existing underground storm drain network. To accommodate future buildout in accordance with the General Plan, the City will continue to require that new developments install appropriately-sized storm drains. The City also schedules improvements to older portions of the storm drain network through the City's Capital Improvement Program. Dublin currently utilizes several means and methods to ensure that the City's stormwater is properly managed and treated by the time it enters regional flood control facilities in compliance with NPDES and other required permits: • Implementation of Chapter 7.20 of the Municipal Code (Watercourse Protection), which is enacted to safeguard and preserve watercourses, protect lives and property, prevent damage due to flooding, protect drainage facilities, control erosion and sedimentation, restrict discharge of polluted materials, and enhance recreational and beneficial uses of watercourses. • Implementation of Chapter 7.74 of the Municipal Code (Stormwater Management and Discharge Control Ordinance), which is designed to ensure the future health, safety and general welfare of Dublin citizens by eliminating non-stormwater discharges to the municipal storm drain system and reducing pollutants in stormwater discharges to the maximum extent practicable; • Implementation of the Dublin Clean Water Program, which is a federally-mandated program under the federal Clean Water Act. The purpose of the Clean Water Program is to eliminate pollutants, such as oil, dirt, pesticides, litter, and other similar contaminants, from entering the storm drain system so only clean water enters our waterways and ultimately the San Francisco Bay. The City conducts public education and outreach efforts as well as responds to reports of clean water violations; and • Monitoring construction sites to ensure adequate Best Management Practices (BMPs) are implemented to reduce water pollution during construction in compliance with the State General Construction Permit issued by the California State Water Resources Control Board. 3.0 Guiding and Implementing Policies 3.1 Water Supply A. Guiding Policy 1. Work with Zone 7 and DSRSD to secure an adequate water supply for, and provide water delivery to, existing and future customers in Dublin. B. Implementing Policies 1. In anticipation of planned future growth, continue working with DSRSD and Zone 7 to plan and provide for sufficient future water supplies. 3.2 Water Conservation and Efficiency in Existing Development A. Guiding Policy 1. Increase water conservation efforts and strive maximize water use efficiency in existing residential, commercial, and industrial buildings and grounds. 2. Support DSRSD in extending recycled water service to established areas of Dublin. B. Implementing Policies 1. Encourage DSRSD to continue offering free water saving devices to any DSRSD customer. 2. Encourage Zone 7 to continue its on-going rebate program for water-conserving fixtures and appliances. 3. Continue collaborative efforts and programs with outside organizations such as the California Youth Energy Services (CYES), which trains and employs local youth to provide resource conservation audits and water/energy retrofits to local residences ("Green Home Audits"). 4. Continue collaborative efforts with DSRSD to plan for and convert existing customers to utilize recycled water. 3.3 Water Conservation and Efficiency in New Development A. Guiding Policy 1. Promote the conservation of water resources in new development B. Implementing Policies 1. Continue implementation of the Water Efficient Landscape Regulations, which requires grouping plants with the same water requirements together (hydrozoning), the installation of water-efficient irrigation systems and devices, such as soil moisture-based irrigation controls, and the minimal use of turf. 2. Support DSRSD's ongoing efforts to extend recycled water infrastructure ("purple pipe") to new locations. 3. Continue implementation of the Green Building Code to ensure that the design, operation, construction, use, and occupancy of every newly constructed building or structure is subject to assessment of its efficiency features. 3.4 Water Conservation and Efficiency in Public Facilities A. Guiding Policy 1. Promote the conservation of water resources in public facilities. 2. Promote the use of recycled water in public facilities. B. Implementing Policies 1. Retrofit existing parks with new irrigation controllers that link to a centralized irrigation system that downloads daily weather reports from a local weather station and adjusts the amount of irrigated water applied to each park each day. 2. At the completion of each public construction and/or capital improvement project, conduct an irrigation audit to ensure proper water utilization. 3. Ensure that future publicly-owned facilities (e.g. street medians, park sites) have a healthy growing environment by receiving soil that is appropriate to support plant growth. The soil is typically provided by the developer dedicating the median and/or park site, so the soil to be provided shall meet City standards. 4. Continue to demonstrate low water-use techniques at public parks and other City-owned facilities. 5. During construction or reconstruction of public facilities, institute water conservation measures such as hot-on-demand water faucets, low-flush toilets, and low water-using appliances to the greatest degree possible. 6. In the design and construction of all public facilities, utilize Bay Friendly Landscape Guidelines for water-wise landscaping. 7. When recycled water lines are extended to established areas in Dublin, e retrofitting public facilities and existing public landscape irrigation systems to the recycled water distribution system. 3.5 Water Quality, Flood Protection, and Stormwater Management A. Guiding Policies 1. Protect the quality and quantity of surface water and groundwater resources that serve the community. 2. Protect water quality by minimizing stormwater runoff and providing adequate stormwater facilities. 3. To minimize flooding in existing and future development, design stormwater facilities to handle design-year flows based on buildout of the General Plan. B. Implementing Policies 1. Support Zone 7's efforts to complete planned regional storm drainage improvements. 2. Encourage design and construction of new streets to be the minimum width possible while still meeting all circulation, flow, and safety requirements, all so as to minimize impervious surface area. 3. Discourage additional parking over and above the required minimum parking standards for any land use unless the developer can demonstrate a need for additional parking. 4. Conserve the City's urban forest, including trees in parks as well as street trees, so as to continue and enhance surface water filtration and community character. 5. Review design guidelines and standard details to ensure that developers can incorporate clean water runoff requirements into their projects. 6. Maximize the runoff directed to permeable areas or to stormwater storage by appropriate site design and grading, using appropriate detention and/or retention structures, and orienting runoff toward permeable surfaces designed to manage water flow. 7. Review development plans to minimize impervious surfaces and generally maximize infiltration of rainwater in soils, where appropriate. Strive to maximize permeable areas to allow more percolation of runoff into the ground through such means as bioretention areas, green strips, planter strips, decomposed granite, porous pavers, swales, and other water- permeable surfaces. Require planter strips between the street and the sidewalk within the community, wherever practical and feasible. 8. Continue conducting construction site field inspections to ensure proper erosion control and materials/waste management implementation to effectively prohibit non-stormwater discharges. 9. Support Zone 7 in updating and implementing its Stream Management Master Plan so as to protect and enhance the water quality of streams and groundwater. 10. Ensure adequate setbacks from creeks/waterways and development. Retain existing vegetation where feasible and, where necessary, plant buffers with native plant species. RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * APPROVING A GENERAL PLAN AMENDMENT FOR THE NEW WATER RESOURCES ELEMENT PLPA-2013-00022 WHEREAS, one of the City Council's key initiatives for Fiscal Year 2011/2012 was to create a new Water Resources Element of the General Plan; and WHEREAS, in accordance with the California Environmental Quality Act, certain projects are required to be reviewed for environmental impacts and when applicable, environmental documents prepared; and WHEREAS, the proposed General Plan Amendment for the new Water Resources Element is exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, consistent with Government Code section 65352.3, the City notified the tribes identified by the Native American Heritage Commission of the opportunity to consult with the City on the proposed General Plan amendment. None of the contacted tribes requested a consultation within the 90-day statutory consultation period and no further action is required under section 65352.3; and WHEREAS, on May 28, 2013, the Planning Commission held a properly noticed public hearing on the Project and adopted Resolution 13-xx recommending that the City Council approve a General Plan Amendment for the new Water Resources Element, which resolution is incorporated herein by reference; and WHEREAS, on , 2013, the City Council held a properly noticed public hearing on the Project; and WHEREAS, a Staff Report dated , 2013 and incorporated herein by reference was submitted recommending that the City Council approve the General Plan Amendment for the new Water Resources Element; and WHEREAS, the City Council did review and consider all said reports, recommendations and testimony herein above set forth prior to taking action on the Project. NOW, THEREFORE, BE IT RESOLVED that the foregoing recitals are true and correct and made a part of this Resolution. BE IT FURTHER RESOLVED that the City of Dublin City Council does hereby approve the General Plan Amendment for the new Water Resources Element, attached as Exhibit A and EXHIBIT A TO ATTACHMENT 1 incorporated herein by reference, based on findings that the amendments are in the public interest and that the General Plan as so amended will remain internally consistent. BE IT FURTHER RESOLVED that this Resolution shall take effect thirty days after the date of adoption. PASSED, APPROVED AND ADOPTED this day of 2013 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk