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HomeMy WebLinkAboutItem 5.1 Appeal PA 82-033 Barratt San Jose (2) • 04 0 AGENDA STATEMENT , CITY COUNCIL MEETING DATE: July 23, 1984 SUBJECT: . Appeal of Planning Commission Approval . of PA 82-033 Barratt San Jose Tentative Map (Continued from City Council Meeting, May 23 , 1983 ) EXHIBITS ATTACHED: Staff Report with Attachments • Location Map Exhibit A - Tentative Map Tract 5131 Exhibit B - Arbor Creek Development Plan Exhibit C - Resolution 26-84 Adopting Negative Declaration Exhibit D - Resolution for Arbor Creek Negative Declaration Exhibit E - Ordinance 8-84 Planned Development Rezoning for . Arbor Creek Exhibit F - Resolution 27-84 Rezoning Conditions of Approval Exhibit G - Resolution Approving Tentative Map Exhibit H - Letter from Barratt San Jose regarding Sale of City Property RECOMMENDATION: `, 1) Open public hearing and hear staff t�. presentation ) 2 ) Take testimony from applicant and public 3 ) Question staff, applicant and public 4 ) Close public hearing and deliberate 5 ) Adopt Resolution approving Tentative Map (Exhibit G) FINANCIAL STATEMENT: None DESCRIPTION: On April 18, 1983 , the Planning Commission approved the Barratt San Jose Tentative Map in conjunction with recommending approval for the Barratt San Jose Planned Development Rezoning. The Silvertree Homeowner ' s Association appealed the Planning Commission approval of the Tentative Map. . On May 23 , 1983 , the. City Council heard the Planned Development Rezoning and Tentative Map applications . The City Council continued the matters so that the San Ramon Road Specific Plan could be prepared. After adoption of the San Ramon Road Specific Plan, the applicant revised his proposal . On February 6, 1984 , the Planning Commission reviewed and recommended approval of the Planned Development Rezoning. On April 23, 1984, the City Council approved the Rezoning. At this time, the applicant is requesting approval of the Tentative Map which is consistent with the approved Planned Development . ITEM NO. C. / COPIES TO: Applicant Appellant ti- t_ At the applicant' s request, the City Council has allowed the application to include about 0 .7 acres of City property. The applicant has submitted a formal offer for the property (see Exhibit H - Letter from Barratt) . The sale of the City property should be completed before the Final Map is submitted. The sale of City property, however, should be handled as a separate action apart from the Tentative Map. Staff recommends that the City Council adopt the Resolution approving the Tentative Map. CITY OF DUBLIN STAFF REPORT Meeting Date : July 23 , 1984 TO: City Council FROM: Planning Director SUBJECT: PA 82-033 Tentative Map Barratt San Jose, 84 residential condominium and townhouse units, southwest corner of Silvergate Drive and San Ramon Road (Continued from City Council Meeting of May 23 , 1983 ) GENERAL INFORMATION PROJECT: Barratt San Jose has applied for a Tentative Map to permit the construction of an 84-unit residential project . The property is currently zoned as Planned Development (PD) APPLICANT: Barratt San Jose 3150 Almaden Expressway Ste 245 San Jose CA 95118 APPELLANT: Silvertree Homeowner ' s Association c/o Peter L. Baldo, Vice' President 7508 Silvertree Lane Dublin, CA 94568 REPRESENTATIVE: Nathan Meeks LOCATION: Southwest corner of Silvergate Drive and San Ramon Road ASSESSOR PARCEL NUMBER: 941-101-4-7 and 941-101-4-13 plus acquired City property PARCEL SIZE : 6 . 2 acres plus acquisition of City property (approximately . 7 acres ) PROPERTY OWNER: Barratt San Jose EXISTING ZONING: PD (Planned Development) EXISTING LAND USE: Vacant SURROUNDING ZONING AND LAND USE: North - C-0 (Administrative Office) , and C-N (Neighborhood Business ) with offices and convenient market . South - C-1 (Retail Business ) with creek and single family dwelling units East - 'San. Ramon Road and Flood Control Canal West - R-S-D-25 and R-S-D-20 (Suburban Residence) 4-plex Residential Condominiums SITE/ZONING HISTORY: On July 21, 1980, Alameda County approved a site plan for the subject property to permit the construction of 110 , 000 sq.ft . of commercial office condominiums with 413 parking spaces . Special fencing and landscape treatment was required along San Ramon Road and along Silvergate Drive, including installation and maintenance agreements related to landscaping within the public right-of-way (S-781) . -1- On April 18, 1983 , the Dublin Planning Commission held a public hearing and recommended approval of a Planned Development (PD) rezoning to allow 112 mini-condominium units on the subject property., The Commission also approved a Tentative Subdivision Map and a Negative Declaration for that development. The Tentative Map approval was appealed by the Silvertree Homeowners ' Association. The rezoning and Tentative Map (on appeal) came before the City Council on May 23 , 1983 . After extensive discussion, the City Council continued the public hearing on the rezoning and Tentative Map until after the City Council had decided what land use designation the San Ramon Road Specific Plan should apply to the subject property. On September 26, 1983 , the City Council designated the Barratt property (Area 5 of the San Ramon Specific Plan) Residential Multifamily Use with a density range of between 8 and 15 units per acre. Barratt then redesigned the project and resubmitted the revised plans for a new Planned Development Rezoning and a Tentative Map. On January 23 , 1984 , the City Council referred the plans to the Planning Commission for review and comment. The City Council continued its public hearing until the Planning Commission submitted its comments back to the Council . On February 6, 1984, the Planning Commission reviewed Barratt's 88-unit Arbor Creek proposal . At that meeting, Barratt submitted a revised site plan which sought to address previous Staff concerns . After a lengthy public discussion, the Commission approved the revised sketch plans , for 84 units with Barratt agreeing that the approval was subject to Staff analysis prior to City Council review, and with the understanding that the larger proposed condominium units might result in a recommendation to reduce the total number of units . On April 23 , 1984 the City Council approved the Planned Development (PD) rezoning of the Barratt property to allow the construction of 84 residential units (44 townhouses and 40 condominiums ) . Since the original Tentative Map for 88 units was not acted on by the City Council at the time it was appealed to the Council in May' 83 , the revised Tentative Map is being presented to the City Council for final action. APPLICABLE REGULATIONS : TITLE 8, Ch. 1, ALAMEDA COUNTY SUBDIVISION ORDINANCE, AS ADOPTED BY THE CITY OF DUBLIN: 8-1. 2 INTENT: It is the intent of this Chapter to promote the public health, safety, and general welfare; to assure in the division of land consistent with the policies of the Dublin General Plan and with the intent and provisions of the Dublin Zoning Ordinance; to coordinate lot design, street patterns, rights-of-way, utilities and public facilities with community and neighborhood plans ; to assure that areas dedicated for public purposes will be properly improved initially so as not to be a future burden upon the community; to preserve natural resources and prevent environmental damage; to maintain suitable standards to insure adequate, safe building sites ; and, to prevent hazard to life and property. Section 8-7 .4 reads, in part, the amount of fees to be paid shall be a reasonable relationship to the use of the park and recreation facilities by the future inhabitants of the subdivision and shall be calculated from the following formula: FEE: A x B x C D A equals 392 sq. ft. for dwelling units that average less than 5 , 000 sq. ft. of lot area. B equals the number of dwelling units . C equals the current market value of the site at the time of approval of the Final Map . D equals the site area. -2- ENVIRONMENTAL REVIEW: A Negative Declaration (ND) with mitigation was prepared on the initial 112 unit project. Since the environmental concerns of the 84 unit project were similar with the initial project, the previously prepared ND was used for this project. The City Council adopted the ND with mitigation on. March 12, 1984 . NOTIFICATION: Public Hearing notices have been published in the Tri-Valley Herald, mailed to adjacent property owners and posted in public buildings . ANALYSIS: The City Council approved the rezoning of the Barratt-Arbor Creek project on April 23 , 1984 . Subsequent to that time Barratt has requested that the City approve. a Tentative Map in order to allow them to subdivide the land for the individual townhouse lots and the lots of the condominium (8 plex) buildings . Approximate 7/10 of an acre of City property is shown within the Arbor Creek project. To date agreement for acquisition of that property has not been completed. Such an agreement should be arranged before the Final Map is filed. The proposed Tentative Map is consistent with the site plan as approved by the City Council . Building sizes and locations will be reviewed in detail when the Site Development Review of this project takes place. At that time, specific compliance to the Planned Development Conditions of Approval, environmental mitigation and phasing requirements will have to take place. Also some additional technical information will be necessary before a Final Map can be recorded and/or grading can take place (e .g. final grading contours and building pad elevations are needed) . The approved Planned Development zoning of the project and the proposed Tentative Map conform to the recommendations of both the City' s and the applicant ' s state-licenced geologists as regards the placement of buildings that are in proximity of a known seismic fault zone. Substantial geotechnical work has been done on the subject site which indicates that the proposed structures can be adequately designed and located to meet minimum seismic safety standards . The dwelling units and the garages of the approved Planned Development are set back a minimum of 25 ft. and 6 ft. respectively from the fault line. The Subdivision Ordinance requires park dedication fees to be paid at the time of approval of the Final Map based on the site plan approved with the Planned Development Rezoning. The park dedication calculations are as follows : ( . 009 AC/DU) Park Land Req' d: 392 sq. ft./DU x 84 dwelling units = 32 , 928 s/f Credit for private facilities: 13 , 000 s/f x 25% = - 3 , 250 s/f Net Park Land Required: 29, 678 s/f In. Lieu Fee = Current Market Value of Net Park Land required at time of approval of Final Map Condition 34 of the Resolution approving the Tentative Map includes the preliminary park dedication land required with the granting of credit for private facilites (swimming pool facilities ) . The Tentative Map has been reviewed by affected governmental agencies . Very few comments have been received. Where conditions are recommended, they are incorporated into the proposed Conditions of Approval . -3- RECOMMENDATION FORMAT: 1 ) Open public hearing and hear staff presentation. 2 ) Take testimony from applicant and public . 3 ) Question staff, applicant and public. 4 ) Close public hearing and deliberate . 5 ) Adopt a Resolution approving, denying or conditionally approving the Tentative Map. ACTION: Staff recommends that the Tentative Map for Tract 5131 (Exhibit A) be approved upon making the findings and subject to the Conditions contained in Exhibit G (attached) ATTACHMENTS : Location Map Exhibit A - Tentative Map Tract 5131 Exhibit B - Arbor Creek Development Plan Exhibit C - Resolution 26-84 - Adopting ND Exhibit D - ND for Arbor Creek Exhibit E - Ordinance 8-84 Planned Development Rezoning for Arbor Creek. 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STEM SITE 1MOWWWS.ITE MO CO TOMI�,Mat ROTS tAMS MT IL!. �• -' + �^'•• .ON 0D0DOOYIW MNMftl .i. - __ Y - NO STEM LICMT DETAILS X[OJOS,M ELMKM)DETAILS. _ y W. TMMIAMIC!OMICRON SMM IS TM4 PS M MCI&TMOMIMIC A� fA_. •\ 1 T !/ MUT AMMO IT MMOQIIO OORm.4R M AERIAL PMTD(MNR ` AS Aso S 171 OM.RU RR 41.T.0.wA 0 Ir TOMRAKN. .I /j:•• --. ' 11 I" .•N % ,/ :}� _® ®�� " h1lIVG. l DI�UI1 DltlN DMII! m..Mlm KrOM4¢.1Ni, tsn-[. [' I J I tr.. ET. MIS SIR II TOMATO N Duns Ml-1M+tT JAM 0P-IOt+T IT M COUNTY ASSESSOR. ( I 1 03. 5[[TIR[ROOT FOR l[SIIL DESCRIPTION M L SIR. r 1 Iv 41 MAN L•!L 'A' 41 i II a. rMC[L W. Is 1Yrmm TO DELUDE ML LAM EXCEPT LOTS t-M II i O 4 Illk) ate_-..�__ / it I II DELUSIVE.AND IS m u MOD IN cO1d 000RNIL . . ■ �' ,• _ • ]' -------1/ . _ . ... ... _.�... IWf T01N *qi(11641001 AMMO I r K ® -. C I a. ' b ' d.9-r i-t-i--, ,. .___....,_„...1-_-.2.7, _. 4.... it a •••• M.0;, •W.. DAD - .4( O ':i' L\ �•�• L'° OM�?l1[VADY� :i:+ >L Z ;7:Ri !�a S r _n�_e � 4 ��`-_ � �� _I--�t°YMIMnw - -_ _�_ - _ -- bDOIM,.LII!-� •- -,..1 - - I HNMI'0 - i .. -ruruRe clan Lee MNl147!!D -- .— ---- --.---=-- _ walk ears , �a! • Tw SECTION-SAN w�l�o��RRee. -------- ------ .,.-.1. 1A.a.r,• --" .M�'Ara; TMIN/ R° �11M�rrF ARIHDAL IIlI.�.fA..1,NT mow AMD1N AO�Y.�.I .-PUP.maw Arm k.-• - - - _ -.-_ . -, A PORTION FOR CONDOMINIUM PUII►O{- �' TENTATIVE MAP,I '"' Ia•I1t1��f•t 11 .,.,,N:[r». 0010 f I„I N' L'., 1A' I IMA, [ MY[k'(y YF I g,/.. yi _ TRACT S 1.11 I I •ME'A�..a.wf L 1 _'r ._ x __1'� � I �� _ ` � '.►__'I OE 1� rmAO -7KY.mu1 M ARBOR CREEK _,• •DYyI MmMW a!1Ay1 eri f�,I� WANK.,0 Solos • ' T'IMILAL!NTKANC •TICLIT` TIFIW1L'MKAAIR Mar _ t VIEAy 9lCTION•MAI)W Mi. "1 - 41 I••44' IN...:Ark,I4bA. I,(0M. 4941 • • • • l4 sT 4 % b r� r, .L I ; -;.;. , - 01:x.. _ RESOLUTION NO. 26 - 84 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING- - NEGATIVE DECLARATION WITH MITIGATION CONCERNING PA 82-033 .1 AND PA 82-033 . 2 (R) BARRATT SAN JOSE WHEREAS, the California Environmental Quality Act (CEQA) , as amended together with the State ' s administrative guidelines for implementation of the California Environmental Quality Act and City Environmental regulations, requires that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, a Negative Declaration with mitigation has been prepared by the Dublin Planning Department; and WHEREAS, the Planning Commission did initially review the Negative Declaration and considered it at a public hearing on April 18, 1983 ; WHEREAS, the revised project contains fewer units of the same type and the project design is quite similar to that addressed in the March 28, 1983 , Negative Declaration; and, WHEREAS, the environmental conditions and impacts have not changed appreciable ; and, WHEREAS, the Planning Commission did review the Negative Declaration and reconsider it at a public hearing on February 6 , 1984 ; WHEREAS, the City Council did review the Negative Declaration with mitigation and considered it at a public hearing on March 12 , 1984 ; NOW THEREFORE, be it resolved as follows : 1) the City Council finds that the project, PA 82-033 . 1 (R) and PA 82-033 . 2 (R) , Barratt San Jose, has either been changed by the applicant or the applicant has agreed to provide mitigation measures that will result in a project that will not have any significant environmental impacts that were identified in the Initial Study; 2 ) the City Council finds that the Negative Declaration has been prepared and processed in accordance with State and local environmental law and guideline regulations and that it is adequate and complete ; and 3 ) the City Council directs that the specific flood control measures and security measures along the creek shall be reviewed by the Planning Commission . PASSED, APPROVED AND ADOPTED THIS 12th DAY OF . March , 1984 . - AYES : Councilinembers Hegarty, Jeffery, Moffatt and Mayor Snyder NOES : Councilmember Drena ABSENT: None . , ZG 6(..}. y--'7.) 6 . • n Mayor ATTEST: >C�--• 0 P,u-,- J City Clerk ' •.4v. t'. -■-. •v:3sity.x :.9.i_«-'Ft.'s.:+- _.Z....v�. .. ,...t..w...-_._,...i:F.Y_.i....-..cJ.._„.`+i..'_..... ;-%%!....,.....:•• .:!'.. _ . .:—I CITY OF DUBLIN �,. : _;..s , ;", r.O. Box 2340 �, t�• - (415) 829-4600 : 5 Dublin, CA 94568 Fi -y:. MITIGATED NEGATIVE DECLARATION FOR: Barratt San Jose . PA 82-033 112 Unit Residential Condominium I Planned Development Rezoning ; 4 . • (Pursuant to Public Resources Code Section 21000, et seq. ) LOCATION AND . PROPONENT: South west corner of Silvergate Drive and San • Ramon Road. Applicant - Barratt San Jose Owner: APN 941-101-4-7 , and 941-101-4-12 :- Union City Investments DESCRIPTION: -- Request .to rezone •6.:2 acres from -Neighborhood _ - ....Commercial (C-N) to Planned Development .(PD) . _ This -_- - will :permit the construction :of .a 112-unit residential - -,..'• . - -;'condominium. project t. '• Fourteen -2=story buildings,' plus • • • . ._-_ - --= " : carports,` a recreation building and pool, and parking ' --'- for -'224 cars :are proposed. : - FINDINGS: Theproject,' as now proposed, -will not have a - '.�,-•<-='/`r-' -.- -': significant -effect on the -environment. : ,, —. INITIAL STUDY: --The Initial Study is -attached.with a brief - -- discussion of the following environmental components . --- .. - Each has been. .mitigated by revisions to the initial - _ - -- project or through a binding committment by the • applicant, as outlined in the section below entitled • . Mitigation Measures : • . a. , Noise Impact - b. Flooding Impact • c . Seismic Impact d. Traffic Impact MITIGATION MEASURES: a) -• Noise - Acoustic insulation and air conditioning : - . " - - will be provided for the units adjacent to San Ramon - - -' Road. - .. _ - - - b) `-"-Flooding Martin Canyon Creek _will .be improved :•:•-•=-•-,". ..:`• ". _`_ ,„ = and ;.the -project 'site graded to _protect the project and - - , : adjacent property from flood damage, --as determined by . :: - - - -?; - - the City Engineer _ • - : _ , - 77":-.1.---.1-:;:7:-_ , -;- --:•,:'::•:= - c) Seismic - A •faul t zone •and .buildin g setbacks have - - '_-::::been :established as a result-:of extensive field and•' - - - _=document research= The site plan is now acceptable to the County Geologist--from a seismic safety standpoint. - • • . .. N I Fr a' v .-- .. ..:... ..• i�k',ati:.iiiai. n�.u'v.,.�.•..r 3i ti.. - ` — - ..,..n+r4.- •.3 'r—f-- i-.,�:.-..tr. . '§{�P ._...........0 — .� ��''.�-1 �r..�M:'.{N.�Y:_.... -�'. • — .. .. - fps - II :LI! -; . r garratt San Jose - Mitigated Negative Declaration 1;„ page Two d) Traffic - The applicant will contribute 25% of the cost of signalizing the Silvergate and San Ramon Road intersection. This will significantly reduce the traffic impacts of this project. PREPARATION : This Negative Declaration was prepared by the City of Dublin Planning Staff, (415) 829-4916. • I' / ' 0" , i . SIGNATURE: , - Dat : March 28, 1983 e • - - Laurence L. Tong, P sing Director . • • • • • . S . •' ./ . ir, _ 1::,.:-,;(1..:.-:.-;'L. �• �._ er ••7•'�• 4. .•ti•_ Y b," 7; r � , • r ` i ( M } _- ` � ORDINANCE NO 08 - 84 ' `' T e. AN ORDINANCE OF THE CITY OF DUBLIN AMENDING THE ZONING ORDINANCE ' ,- TO PERMIT THE REZONING OF THE REAL PROPERTY WITHIN THE CITY OF DUBLIN The City Council of the City of Dublin does ordain as follows : - Section 1 . Chapter 2 of Title 8 of the Dublin Ordinance Code is hereby amended in the following manner : 7 . 1+ acres , located on the southwest corner of Silvergate Drive and San - Ration Road, designated as Assessor Parcel Number 941-101-4-7 and 941-101-4-13 ,. are hereby rezoned to PD (Planned Development ) District; PA 82-033 .1 Barratt - Arbor Creek , as shown on Exhibit A (Staff-recommended Site Plan) , • Exhibit B (Applicant ' s proposal, as amended by . Exhibit A) , Exhibit C (Negative Declaration) , : and Exhibit E (Approval, - Findings and General -i,'Provisions) , on : file with ":,the . Dublin Planning Department r•': are hereby adopted• as the regulations of the -. . - . use,- design, -..improvement; • and maintenance. .of :the :property property within -i. the District,:-:subject to 'City approval ':of -'the Tentative and Final .: Subdivision Maps- and ;Site :Development Review. . : A map of the area is as follows : .. . ' .�.-• e n .TS M1 : ..,,:':,,,-..- : - •./- . - . - - ' ;,:,.'-.,..: j: -,..-;:.s",:,1,./3n-, ,.. ,.. ' .:i LI :-...r= ‘Is-..; -,-: .: - • - T s ` ' s � - ..: : ,- . . . ' : .- --_:---4,..- .44-4:ti fty 1"°'"—.-:::.:-.\ --::f. .1..1 .-i'l: - . rf.c.'" ''''...",:::-1;'-j;z:';',";>? . \ 1 .1.- - :\--Y.'s / ' : I . • :: ,: 1 .-..--.' s 1. itk. ..?"..;:i.!. .- • i 1----- . : '" . - Section :2 . -.--,-, -.-- This Ordinance shall take effect and be ' in force thirty (30 ) :days from, and after, the date of its passage. Before the expiration of fifteen (15) days after its passage, it shall --be - published once, with the names of the Councilmembers voting for and against the same, in the Tri-Valley Herald, - a newspaper published in Alameda County and available in the City of Dublin. . PASSED AND ADOPTED by the City Council of the City of Dublin on this 23rd day of April, 1984 ,- by the following votes: AYES : Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder -- . NOES : None • ABSENT : None - 7 _.. y°r aJ ATTEST: . . CM _CQ� .. City Clerk - • • ' ERIE COPY RESOLUTION NO. 27 - 84 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS OF A P ANNED—DEVELO NT REZONING CONCERNING A 82-033 .1(R) BARRATT SAN JOSE WHEREAS, Barratt San Jose , proposes to rezone 7 .1+ acres of land (APN 941-101-4-7 and APN 941-101-4-13) at the southwest corner of Silvergate Drive and San Ramon Road from C-N (Neighborhood Business ) to PD (Planned Development) , for 40 residential condominiums and 44 residential townhouses ; and, WHEREAS, the City Council finds that the City of Dublin is in the process of preparing and adopting a general plan, and that there is reasonable probability that the proposed rezoning will be consistent with the future general plan; and, WHEREAS, there is little or no probability that the rezoning will be a detriment to, or interfere with the future general plan, should the new zoning ultimately be inconsistent with the future general plan; and, • WHEREAS, the City Council finds that the rezoning will not have a significant environmental impact; and, WHEREAS, the rezoning is appropriate for the subject property in terms of being . compatible to existing land uses in the area, will be visually attractive, will not overburden public services , and will provide housing of a type and cost that is desired, yet not readily available in the City of Dublin; and, WHEREAS, the rezoning will not have substantial adverse effects on health or safety or be substantially detrimental to the public welfare, or be injurious to property or public improvements ; NOW, THEREFORE, BE IT RESOLVED that the City Council approves a Planned Development (PD) rezoning request for an 84- unit residential project as shown on the Plans labelled Exhibit "A" and Exhibit "B" (as amended by Exhibit "A") , and subject to the following Conditions : GENERAL PROVISIONS 1 . Compliance with the plans contained in Exhibit "A" and as amended by these Conditions . The applicant shall change his proposal (Exhibit B) so that is will be in conformance with • the Staff recommendations as shown in Exhibit "A" . The changes shall include : a . a reduction of one building in the central portion of the site and relocation of the remaining buildings and pool to create more space between buildings and garages , create a substantial open area and entry feature at the end of the San Ramon Road entry into the development, and enlarge the size of the central common open space ; b . moving the garage buildings a minimum of six, ( 6 ) feet off of the fault zone ; c . moving the northwest building a minimum of 10 feet from the westerly property line ; d. provision of an open fence allowing vising of Martin Canyon Creek area, at the southeastern portion of the site; • e . reduction of seven parking stalls along the eastern portion of the property to eliminate parking in the • Silvergate setback area and allow for some landscaping between the easterly garages ; f . provision of a public access easement along the south side of Martin Canyon Creek (within the Applicant ' s property) ; g . the condominium units shall be a minimum of 650 sq. ft . 2 . Acquisition of the City-owned property proposed for inclusion in this project shall be completed before any permits can be issued for or physical work started on the subject property . 3 . Site Development Review approval by Staff shall be acquired prior to issuance of any Building Permit. The Site Development Review shall implement these General Provisions concerning the physical development of the project. 4 . The maximum number of residential units shall not exceed 84 units , of which, no more than 40 may be condominiums . 5 . The condominium architecture shall be consistent in quality with the townhouse architecture including materials, details, and form. 6 . Roofing shall either be concrete tile or wood shake. 7 . All garages shall have automatic sectional roll-up garage door openers . Each condominium unit shall have its own garage . 8 . The landscaping adjacent to the Silvertree development shall provide for a dense fast-growing tree screen, utilizing a minimum of 25% , 24" box trees, and a maximum of 75%, 15-gal trees . The trees shall be located in a minimum 8-foot-wide landscape easement, which shall be under the control of the Homeowners ' Association. An independent automatic irrigation system shall be provided for the trees . Maintenance and protective measures shall be guaranteed in the Codes , Covenants , and Restrictions . 9 . All units shall contain standard and currently available energy saving devices , and be insulated in accordance with Title 24 , State of California Administrative Code and evidence shall be provided to the Building Official from P .G. & E . that the units meet P .G. & E. ' s requirements of the • "Energy Conservation Home Program" if it still exists at the time the units are to be constructed. 10 . Compliance with the City of Dublin Residential Condominium Development Guidelines ( as amended 3/30/83 ) . 11 . Compliance with City of Dublin Site Development Review Standard Conditions . 12 . Compliance with City of Dublin Police Services Standard Residential Building Security Requirements . 13 . Full disclosure shall be made to potential buyers of the project which shows the location and describes the potential impact of the earthquake fault that traverses the property. A written acknowledgement of the review of this information prior to purchase is required of all buyers of units within the development, and a copy shall be filed with the City Planning Department . • • 14 . The developer is to be responsible for the maintenance of all Homeowner Association facilities for at least a one-year warranty period, commencing when each phase is at least 50% occupied. 15 . The Developer is to provide to the City Planning Department a status report as to the occupancy characteristics of the development once each year for three years . 16 . There shall be compliance with DSRSD Fire Department requirements, Flood Control District requirements, and Public Works requirements . Written statements from each agency approving the plans over which it has jurisdiction shall be submitted to the Planning Department prior to issuance of Building Permits or the installation of any improvements related to this project. 17 . A 6-foot high architecturally designed masonry wall shall be installed• along the easterly property line. In addition, an intensive landscaped buffer, containing fast growing trees and shrubs, shall be installed within a 22-foot minimum wide landscaped area to the east of the wall and within City right-of-way. The landscaped areas shall be irrigated by an automatic irrigation system and be maintained for one year by the Developer, and thereafter by the Homeowners ' Association. A recorded contract, to run with the land, is to be established providing the City with authority to repair and/or maintain the easterly wall and the landscaping within the public right-of-way. This contract may be exercised by the City in the event the developer or the Homeowners ' Association fails to maintain the wall and landscaping in such a manner that they present a neat and well-taken-care- of appearance . Provision is to be made in the contract to enable the City to recover costs of work performed by the City in the right-of-way and on private property related to the wall and landscaping . The contract should recite that the Developer and Homeowners ' Association grants the City authority to enter and repair and maintain the wall and landscaping across the adjacent private property if conditions so require . The repair and maintenance costs incurred by the City are to be shared, pro rata, by all units within the Homeowners ' Association and collected as assessments along with County property taxes . 18 . A par course shall be installed along an 8-foot-wide bikeway that shall meander along San Ramon Road, as acceptable to the Planning Director. 19 . The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff . Any other change will require Planning Commission approval . 20 . Handicapped ramps and access to each ground floor unit shall be provided at the request of the buyer and at the expense of the developer . Four handicapped parking stalls , appropriately signed, shall be provided evenly throughout the project. 21 . Covenants, Conditions and Restrictions (C .C . & R. ' s) shall be established for this. development . The C .C . & R. ' s shall be approved by the Planning Director prior to filing of the Final Map. The C .C. & R. ' s , shall be reviewed and approved by the City to assure that : • a. There is adequate provision for at least the maintenance of all commonly owned facilities, property and landscaping including open space, roads, parking, lighting, recreation facilities, landscape and the exterior of all buildings ; b . Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner . An estimate of these costs shall be provided to each buyer prior to the time of purchase . c . The Association shall maintain all common areas in good repair, including drainage and erosion control improvements , fences , and landscaping; d. The Association shall keep the City Planning Department informed of the current name, address, and phone number of the Association ' s official representative; e . Payment of the water and street lighting (maintenance and energy) bills and maintenance and repair of storm drain lines are the obligations of the Homeowners ' Association, excepting where said storm drain serves public property (streets and/or public land) in addition to the subdivision, the controlling public agency shall then be responsible for maintenance; f . Each buyer is to sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowners ' Association and the Conditions , Covenants, and Restrictions applying to the development. g. The Homeowners ' Association shall contract with, or be advised by a professional management firm, as to how to handle maintenance operations and fee collection procedures . h . No recreational vehicle or boat may be stored within this development . i . The Covenants, Conditions , and Restrictions shall provide that upon sufficient notice to homeowners, the serving utilities be authorized to enter any portions of the units whenever restoration of gas, electric, and telephone service is required; that the utilities shall have the right to install, move, remove, or run new lines in or on any portions of the common area, including the interior and exterior of the units (except where undergrounding is required by the Subdivision Ordinance) as is necessary to maintain telephone service within the subdivision, and that this provision may not be amended or terminated without the consent of the utilities . j . Guest parking areas must be identified by signs and the C .C . & R. ' s shall prohibit the use of these areas by homeowner families . k . The Constitution and Bylaws of the Homeowners' Association shall include the obligations of the Association to be responsible for public liability in case of injury in connection with public utility easements , and for maintenance of the private vehicle access ways and utility trenches in public utility easements . They shall further be void of any mention of future dedication "of the access way to the City as a public street . '" • 1 . Provisions exist that require each purchaser to sign a statement, prior to the purchase of a unit, that he or she has read a statement that shows the location and describes the significance of the Calavaras Fault that traverses the property. 22 . Solar hot water systems shall be offered to buyers as an optional improvement, where practical . 23 . After the project has been completed, and subject to observing any minimum and maximum dimensions specified in the approved plan : a. In the common areas , plant materials, arbors, fences, paving materials , and similar landscape features may be added or replaced, in kind. b . Any construction, repair or replacement which would occur in the normal course of maintenance of the common areas as the project matures may occur subject to the securing of any permits or paying fees required by other ordinances . 24 . All utilities fronting and within the project shall be undergrounded. 25 . Utilities for each unit shall be individually metered. All meters shall be screened from view and enclosed by an enclosure that is compatible in design and materials to that of the building to which it is installed. 26 . Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals . The system shall be designed as acceptable to DSRSD. 27 . Landscape plans , showing substantial landscaping, shall be submitted to, and be approved bv, the Planning Director prior to any permits being issued for this project. In general, 3 to 5 trees per 1, 000 sq.ft. of landscaping shall be shown within all open space/landscaped areas . At least 75% shall be 15-gal . size . 28 . Light standards shall be used which shield the light source from view from off-site, and shall not shine onto adjacent property . 29 . Street trees shall be provided along Silvergate Way, as acceptable to the Planning Department. 30 . Heating of the pool shall be by a solar heating system, the location and design of which will be reviewed as part of the Site Development Review. 31 . The at-grade patios shall be fenced. 32 . Developer shall furnish and install signs stating "Not a Publicly Maintained Street" and "Fire Access - Park in Designated Locations Only" in right-of-way of private streets . Parking spaces shall be designated by sign, paint or equal . 33 . Fire hydrants shall be installed and operable, to the satisfaction of the Dublin San Ramon Services District Fire Department, prior to combustible construction. 34 . Prior to final inspection and occupancy of any units : a . Storm drainage -facilities shall have been installed as approved by the City Engineer. b . Fire protection devices shall have been installed, be operable, and conform to the specifications of and inspections by the Dublin San Ramon Services District Fire Department . c . A 4" high concrete curb (minimum) to separate all paved parking and passageway areas from landscaped areas shall have been installed. Curbs may be deleted where a sidewalk adjoins parking and passageway, provided the sidewalk is at least 4" higher than adjoining pavement. d. Cable TV hook-up shall be provided to each unit in the subdivision, in accordance with existing City regulations . e . As-built drawings showing the locations of all underground utilities (water, storm and sanitary sewer, gas , electric, telephone, and cable TV) shall be provided to the Homeowners ' Association. f . Street name signs, bearing such names as are approved by the Planning Director, shall have been installed. 35 . Prior to occupancy of any unit in each phase of development, landscaping, irrigation, fencing, and landscape lighting in accordance with approved landscape and erosion control plans, shall have been installed, or a bond equal to the cost plus 10% of the landscaping, lighting, appurtenant structures, irrigation system shall be provided to the City. A statement from the Project Landscape Architect certifying that landscaping has been installed under his/her supervision and is in accordance with approved plans shall be submitted to the Building Official and Planning Director. 36 . Private Vehicle Accessways : a. Backfill of all utility trenches in private vehicle access way areas is to meet the recommendations of a licensed Civil Engineer specializing in the field of soils engineering. ( In the absence of such a recommendation, City public street standards for trench backfill shall be utilized. ) The soils engineer shall provide full-time inspector services when trenches are being backfilled in accordance with this recommendation. All work done within public utility easements is to be inspected by the responsible utility to a point six inches over the top of the pipe. All other work in the access way is to be inspected by the recommending soils engineer and/or the City Engineer. Trench backfill in private vehicle access ways shall be compacted to a minimum of ninety percent relative compaction as determined by California Test Method No. 216 . Trench backfill in other areas outside of the private vehicle access ways shall be inspected and specified as to material and compaction requirements by the respective utility agency . In the absence of such requirements , the City Engineer shall make the determination . b . The Homeowners ' Association is to covenant and be responsible for the maintenance of all facilities in the private vehicle access way which are not maintained by a public utility agency, except that all maintenance work resulting from backfill failure is to be the responsibility of the. Homeowners ' Association (after the one-year warranty period) . The developer is to be responsible for maintenance of all facilities during the one-year warranty period. c . The connection between the private vehicle access way and the public street is to be by a standard driveway type of connection. Driveway throat width (at back of sidewalk) shall be the same as the vehicle access way. d. Safety lighting is to be provided on private vehicle access way and on pedestrian-way facilities connecting thereto. Lights shall utilize "vandal resistant" enclosures , and shall have sufficient power and spacing to provide an average maintained foot candle level of 0 . 12 . A uniformity ratio and increased lighting level at entrance shall be provided to the satisfaction of the City Engineer and Planning Director. e . A recorded contract, to run with the land, is to be established providing the City with authority to repair and/or maintain the private vehicle access way in the event the Homeowners ' Association fails to so maintain in a manner that adequate access by vehicular traffic is provided at all times , so that fire, police, health and sanitation vehicles and public utility vehicles can service the properties contiguous or adjacent thereto, and so that said vehicles will have adequate turning areas . Provision is to be made in the contract to enable the City to recover costs of work performed by the City in these access ways . The contract should recite that the Homeowners 'Association grants the City the authority to enter and repair and maintain the private vehicle access way in consideration of the City allowing the use of private vehicle access ways to less than public street standards , and that repair costs incurred by the City are to be shared, pro rata, by all units and collected as assessments along with County property taxes . • 37 . The location of the garages adjacent to the fault zone shall be subject to review and approval by the Alameda County Geologist and City Engineer . 38 . Should this development not require Tentative Map approval prior to any construction, the Applicant shall comply with Engineering requirements as developed by the City Engineer. These requirements shall cover grading, drainage, flood control, road construction and design, and the like. 39 . Based on the major traffic impact on the Sivergate Drive leg of the Silvergate Drive/San Ramon Road intersection, the developer be required to contribute $25, 000 toward the design, construction, and inspection of a traffic signal at San Ramon Road and Silvergate Drive (this represents approximately 1/4 of the cost . ) 40 . Sidewalk shall be completed along the Silvergate frontage . 41 . The develper shall be responsible for the following frontage improvements along San Ramon Road: a. One lane of traffic and 8 feet of shoulder (20 feet pavement ) or equivalent . b . Curb, gutter, and a 6-foot sidewalk. ti c . Replacement of the bike path, where necessary, for ultimate improvements . d. Necessary drainage improvements . e . Related signing and striping . • • • f . Street lights on one side of street. • 42 . Approval of this Planned Development is for two years as is specified in Section 8-31 . 2 (b) of the Zoning Ordinance . PASSED, APPROVED AND ADOPTED THIS 12th DAY OF March , 1984 . AYES : Councilmembers Hegarty, Jeffery, Moffatt and Mayor Snyder NOES : Councilmember Drena ABSENT: None Mayor ATTEST: , C� Q , . City Clerk • • • • EXHIBIT G RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING TENTATIVE MAP 5131 CONCERNING PA 82-033 BARRATT SAN JOSE WHEREAS, the State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for the purpose of sale, lease or financing unless a tentative map is acted upon and a final map is approved consistent with the Subdivision Map Act and City of Dublin subdivision regulations ; and, WHEREAS, the Planning Commission did review and approve the Tentative Map #5131 at a public hearing on February 6, 1984 ; and, WHEREAS, the Tentative Map for Tract 5131 was appealed to the City Council who heard the appeal on May 23, 1983 ; and WHEREAS, the City Council continued review of the Tentative Map until after the San Ramon Road Specific Plan, as it applied to the subject site, was adopted and the site was rezoned accordingly; and WHEREAS, the City Council rezoned the subject property Planned Development (PD) for 84 residential units on April 23, 1984 ; and WHEREAS, pursuant to State and City environmental regulations, a Negative Declaration has been prepared for the proposed associated rezoning and tentative map and the City Council has reviewed and considered the information in the Negative Declaration; NOW THEREFORE, be it resolved that the City Council finds : 1 . Tentative Map #5131 is consistent with the intent of applicable subdivision regulations and City Zoning and related ordinances . 2 . The City of Dublin is in the process of preparing and adopting a general plan. 3 . There is a reasonable probability that the proposed Tentative Map will be consistent with the future general plan. 4 . There is little or no probability that the Tentative Map will be a detriment to, or interfere with the future general plan, should the related Planned Development rezoning ultimately be inconsistent with the future general plan. 5 . The Tentative Map will not have a significant environmental impact. 6 . The Tentative Map will not have substantial adverse effects on health or safety or be substantially detrimental to the public welfare, or be injurious to property or public improvements . 7 . The site is physically suitable for the proposed development in that the site is indicated to be geologically satisfactory for the type of development proposed in locations as shown, provided geological consultants ' recommendations are followed; and the site is in a good location regarding public services and facilities . 8 . The site is physically suitable for the proposed density of development in that the design and improvements are consistent with those of similar existing residential developments which have proven to be satisfactory. 9 . This project will not cause serious public health problems in that all necessary utilities are or will be required to be available and Zoning, Building, and Plumbing Ordinances control the type of development and the operation of the uses to prevent health problems after development. NOW, THEREFORE, be it resolved that Tentative Map #5131 is an integral part of the Planned Development zoning of the subject property; and BE IT FURTHER RESOLVED that the City Council approves Tentative Map #5131 subject to the conditions listed below: Conditions of Approval for Tentative Map #5131 as recommended by the City Engineer: 1. Prior to filing the Final Map, or grading approval being given, the City-owned property shown within the proposed project shall be acquired from the City. 2 . Site Development Review approval shall be gained from the City prior to filing the Final Map. Any modification of the project design approved by the Site Development Review shall supercede design on Tentative Map #5131 and shall be considered as an approved modification of the Tentative Map. 3 . As part of the submittal for subdivision improvement plan, grading plan and Final Map, the developer ' s engineer shall field survey Martin Canyon Creek and perform hydrologic calculations indicating the capacity of the Creek. Should the Creek not handle the 100-year storm flow, improvements shall be designed so that this capacity is met, with an effort to maintain the natural appearance of the Creek. In addition, finished floor elevations of the units along the Creek shall be set so that if the Creek becomes blocked, the storm waters will flow onto San Ramon Road before water would enter the residential units . 4 . The following Creek setbacks shall be adhered to: a. For existing banks of 2 :1 slope (horizontal over vertical) or steeper, the setback is established by drawing a line at 2 :1 slope from the toe of the existing bank to a point where it intercepts the ground surface and then adding 20 feet. b. Where the existing bank is 2 : 1 or flatter, the setback shall be 20 feet from the top of the bank. The following information shall be provided to determine an adequate setback from the creek and for the required hydrologic calculations : a. The precise location, both horizontal and vertical, of the Creek centerline and toes and tops of both sides of the creek . b . Cross sections of the Creek at intervals acceptable to the City. Sections at 100 ' intervals are typical ; more frequent sections may be required. 5 . Grading and drainage shall be designed so as not to block and to accept drainage overflow from the south end of the adjacent Silvertree subdivision. 6 . An erosion and sediment control plan shall be required as part of the grading plan submittal . 7 . The habitable building set back shall be 25 feet from the fault zone based upon geologic studies conducted by Berlogar, Long and Associates, Jan. 28, 1983 , and March 4, 1983 . Garages shall be located at least 6 feet outside of the fault zone and be constructed on "floating slab" foundations heavily reinforced and/or prestressed, or utilize other appropriate construction techniques as acceptable to the Building Inspection Department and the City' s Consultant Geologist. 8 . Underground utilities shall be designed so as to minimize crossings of the fault, stay out of the area within 25 feet either side of the fault, and where practical, provide flexible conduits and joints for underground utilities in the fault zone as acceptable to the City Engineer and the Dublin San Ramon Service District. 9 . Based on the major traffic impact on the Silvergate Drive leg of the Silvergate Drive/San Ramon Road intersection, the developer be required to pay 1/4 the cost of a future traffic signal at that intersection ( $25, 000 ) . A bond shall be established with the City, prior to filing of the Final Map, to cover the expected improvement and design costs . 10 . The following acoustical treatments shall be followed to mitigate the potential noise impacts . Units within 80 feet .of the eastern property line shall have: a) doors and windows with a sound transmission (STC) rating of 30 or higher in all walls facing or siding to San Ramon Road. b) wall construction to assure that interior noise level will not exceed 45 dba with an expected traffic volumn along San Ramon Road of 40, 000 ADT c) mechanical air conditioning in living and sleeping rooms . • 11 . The private roadway entrance to the project on Silvergate shall be directly opposite Dublin Green Drive. The entrance off of San Ramon Road shall be designed to be acceptable to the City Engineer and City Traffic Engineer . 12 . Sidewalk shall be completed. along the Silvergate frontage. 13 . The developer shall be responsible for the following frontage improvements along San Ramon Road: a. One lane of traffic and 8 feet of shoulder (20 feet pavement) or equivalent. b . Curb gutter and a 6 foot sidewalk. c . Replacement of the bike path where necessary for ultimate improvements . d. Necessary drainage improvements . e . Related signing and striping. f . Street lights on one side of street. 14 . The developer ' s engineer shall develop the expected truck length and turning radius criteria to use the private streets (delivery, garbage moving trucks , etc . ) and design the curb radius accordingly and submit this data and design criteria with the improvement plans . 15 . Wheel stops within the project shall be the curb at the end of the parking stalls wherever possible . Where freestanding wheel stops are necessary, concrete stops shall be used. 16 . On-site circulation shall be constructed to private vehicle accessway standards as acceptable to the City Engineer and include street lighting. 17 . Prior to final preparation of the subgrade and placement of base materials, all underground utility mains shall be installed and service connections stubbed out beyond curb lines . Public utilities and sanitary sewers shall be installed in a manner which will not disturb the street pavement, curb, and gutter when future service connections or extensions are made. 18 . Prior to filing the Final Map, precise plans and specifications for street improvements, grading, drainage (including size, type and location of drainage facilities both on- and off-site) and erosion and sedimentation control shall be subject to the approval of the City Engineer. 19 . Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval and shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of erosion, settlement and seismic activity. 20 . The subdivider shall furnish and install street name signs, bearing such names as are approved by the Planning Director, and traffic safety signs in accordance with the standards of the City of Dublin. 21 . Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices , or tied into the storm drain system. 22 . Dust control measures , as approved by the City Engineer, shall be followed at all times during grading and construction operations . 23 . Construction and grading operations shall be limited to weekdays (Monday through Friday) and the hours from 7 :30 a.m. to 6 : 00 p .m. , except as approved in writing by the City Engineer. 24 . Developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris and clean up shall be made during the construction period, as determined by the City Engineer. 25 . Prior to issuance of Building Permits : a) Grading must conform with the recommendations of the soils engineer to the satisfaction of the City Engineer. A declaration by the soils engineer that he has supervised grading and that such conformance has occurred shall be submitted. b) The following shall have been submitted to the City Engineer: 1 ) An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations , as-graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities . 2 ) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests . 3 ) A declaration by the Project Civil Engineer and Project Geologist that all work was done in accordance with the recommendations contained in the soil and geologic investigation reports and the approved plans and specifications . 26 . Prior to any grading of the. site, and in any case prior to filing a Final Map, a detailed construction grading plan (including phasing) , drainage, water quality, erosion and sedimentation control plans for construction and the post- construction period shall be prepared by the Project Civil Engineer and/or Engineering Geologist, and shall be approved by the City Engineer. Performance guarantees related to these plans shall be provided to the City as required by the City Engineer. Said plans shall include detailed design, location, and maintenance criteria of all erosion and sediment control measures . The plans shall attempt to insure that no increase in sediment or pollutants from the site will occur. The plan shall provide for long-term maintenance of all permanent erosion and sediment control measures such as creek slope vegetation. All erosion and sediment control measures shall be maintained by the developer until responsibility is turned over to the project Homeowners ' Association at the time the City accepts final improvements and releases the performance guarantee as required by the City Engineer. 27 . Grading shall be completed in compliance with the construction grading plans and recommendations of the Project Soils Engineer and/or Engineering Geologist, and the approved erosion and sedimentation control plan, and shall be done under the supervision of the Project Soils Engineer and/or Engineering Geologist . Inspections that will satisfy final subdivision map requirements shall be arranged with the City Engineer if grading is undertaken prior to filing the Final Map. 28 . If grading is commenced prior to filing the Final Map, a surety or guarantee, as determined suitable by the City Engineer shall be filed with the City of Dublin to insure restoration of the site to a stable and erosion resistant state if the project is terminated prematurely. 29 . Maintenance of common areas including ornamental landscaping, graded slopes, erosion control plantings and drainage, erosion and sediment control improvements, shall be the responsibility of the developer during construction stages and until final improvements are accepted by the City and the performance guarantee required under Condition 26 is released; thereafter, maintenance shall be the reponsibility of a Homeowners ' Association which automatically collects maintenance assessments from each owner and makes the assessments a personal obligation of each owner and a lien against the assessed property. 30 . The subdivider shall grade the tract, install landscaping, soil erosion, sedimentation and drainage control measures, and improve all streets and easements, as shown or indicated on Exhibit A and these conditions . Performance bonds shall be provided to the satisfaction of the City Engineer that are of sufficient value to assure complete installation of said improvements . 31 . Measures shall be taken to contain all trash, construction debris, and materials on site until disposal off-site can be arranged. Subdivider shall be responsible for corrective measures at no expense to the City. 32 . Install fire hydrants at the locations approved by the Dublin San Ramon Services District in accordance with present standards . Provide raised blue reflectorized pavement markers in private vehicle accessways at each fire hydrant. 33 . If during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the Planning Department notified. If, in the opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. 34 . Parkland dedication fees shall be paid as determined by the City Engineer in accordance with City Subdivision regulations. For in lieu fee calculation purposes the preliminary park dedication land required is 29 , 678 sq. ft. Final calculations shall be made at the time of approval of the Final Map. 35 . Sidewalks shall be installed to assure that pedestrians can walk within the project without having to walk down the private vehicle accessways, as acceptable to the City Engineer. 36 . Copies of the Final Map and improvement plans, indicating all lots, streets, and drainage facilities within the subdivision shall be submitted to the City Engineer, at 1"= 400 ft. scale, and 1"- 200 ft. scale for City mapping purposes . 37 . The minimum distance between the San Ramon Road curb line and the Arbor Creek property lines and fences shall be 22 feet. 38 . Phasing plans shall be submitted as part of the Site Development Review application. They shall indicate how roads, drains, grades and the like will be installed and how they will function if installed incrementally. 39 . The project is responsible for the design, installation and maintenance of all landscape and related improvements, that are approved by the City Council as part of the Site Development Review approval, between San Ramon Road curbing and the projects property line . 40 . Comply with all conditions of City Council Resolution 27-84 regarding the Planned Development Rezoning. The public access easement called for in Condition 1 (f) of Resolution 27-84 shall be shown' on the Final Map . PASSED, APPROVED AND ADOPTED THIS DAY OF , 1984 . AYES : NOES : ABSENT: City Council ATTEST: City Clerk r' ; E r ': _: JUL 1 61984 CITY OIL Di:arm arratt July 16, 1984 City Council City of Dublin 6500 Dublin Boulevard Suite 101 Dublin, CA 94568 Ladies and Gentlemen: Barratt Northern California hereby offers to purchase the property owned by the City of Dublin lying between the fully extended right of way of San Ramon Road and the property, owned by Barratt Northern California bordered by San Ramon Road, Silvergate Drive and Martin Canyon Creek.. We offer the price of $3.77 per square foot of property. This is the same amount as we paid for the balance of the property. We feel this represents a fair return to the City for property that has value for sale only if it becomes a portion of Barratt's project. We therefore offer the same amount as we purchased the balance of the property for in the open market. Very truly yours, BARRATT NORTHERN CALIFORNIA 4/64....eee Joseph M. Head President JMH:jdk Bm.att San Jose • 3150 Almaden Expressway, Suitt; 245 • Son Jose, California 95118 • (408) 265-5150