HomeMy WebLinkAbout6.1 Prezoning Annexation Kaufman & Broad AGENDA STATEMENT
CITY COUNCIL MEETING DATE: January 27, 1986 .
SUBJECT: PUBLIC HEARING
PA 85-017 Kaufman and Broad of Northern
California, Inc. (Applicant and Owner) ,
Planned Development (PD) Prezoning and
Rezoning, Annexation, Tentative Map and
Site Development Review applications
involving a 15. 3+ acre portion of the
Nielsen Ranch Subdivision (Tentative Map
4859) at the extension of Silvergate
Drive north of Hansen Drive.
EXHIBITS ATTACHED: A - Draft Ordinance amending Zoning
Ordinance
Background Attachments:
1 - City Council Resolution approving
Planned Development (PD) Prezoning
and Rezoning
RECOMMENDATION: 1 - Open public hearing and hear Staff
presentation
2 - Take testimony from applicant and
the public
3 - Question Staff, applicant and the
public
4 - Close public hearing and
deliberate
5 - Waive second reading and adopt
ordinance
FINANCIAL STATEMENT: None
DESCRIPTION: On January 13, 1986, the City Council
adopted a resolution approving the Kaufman and Broad - Silvergate
Highlands Townhouses Planned Development Prezoning - Rezoning
request and introduced an ordinance amending the Zoning
Ordinance.
The application involves 129 townhouse dwelling units on 15. 3+
acres with 14. 9+ acres lying outside of the City limits. The
applicants have requested the City to prezone and annex the 14. 9+
acres.
Staff recommends that the City Council waive the second reading
and adopt the ordinance (Exhibit A) .
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ITEM NO. ® COPIES TO: Kaufman & Broad
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DUBLIN AMENDING ZONING
ORDINANCE TO PERMIT THE PREZONING AND REZONING OF REAL PROPERTY
LOCATED GENERALLY SOUTHWEST OF THE EXISTING CITY LIMITS
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The Council of the City of Dublin does ordain as follows:
SECTION I: Chapter 2 of Title 8 of the Dublin Ordinance Code
is hereby amended in the following manner:
Approximately 14. 9+ acres located generally southwesterly of the
existing city limits in the vicinity of planned extension of
Silvergate Drive are hereby prezoned and an adjoining 0. 4+ acres
are hereby rezoned to the Planned Development (PD) District; and
PA 85-017 ( . 1 , .2, . 3 and . 4) Kaufman and Broad of Northern
California, Inc. , as shown on Exhibit A ( 'Iitigate:? Negative
Declaration of Environmental Significance) , Exhibit B (Approval,
Findings and General Provisions of the Planned Development
Prezoning and Rezoning) , Exhibit C (Resolution regarding request
for initiation of annexation proceedings ) , and Exhibit D
(Resolution regarding Tentative Map 5410 ) on file with the City
of Dublin Planning Department, are hereby adopted as regulations
for the future use, improvement and maintenance of the property
within this district. A map of the area is as follows:
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f�IZE�r Un/o� / ,6��- •
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 name of the Councilmembers voting for
and against the same in the Tri-Valley Hearld, 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 th day of , 1986, by the following
votes:
e AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
EXHIBIT A
RESOLUTION NO. 2-86
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A
PLANNED DEVELOPMENT (PD) PREZONING AND REZONING CONCERNING PA 85-
017 KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC.
WHEREAS, Kaufman and Broad of Northern California,
Inc. , is requesting the City prezone approximately 14 ..9:+ acres
located to the southwest of. the City limits in the vicinity of
Silvergate Drive extension to a Planned Development (PD) District
and is concurrently requesting the City rezone approximately 0.,4 +
acres lying within the City, also to a Planned Development .(PD)
District; and
WHEREAS, the Planning Commission did hold a series of
public hearings on the project beginning with a noticed public
hearing on October 7, 1985, and concluding with a public hearing
on December 16 , 1985, at which time the Planning Commission
adopted Resolution No. 85-056 recommending approval of the Planned
Development (PD) Prezoning and Rezoning request PA 85-017; and
WHEREAS, proper notice of this request was given in all
respects as required by law for the Planning Commission hearings
and the January 13, 1985, City Council public hearing; and
WHEREAS, the Staff report was submitted recommending
that the application be approved subject to conditions prepared by
Staff and reflected in Planning Commission Resolution No. 85-056;
and
WHEREAS, the City Council did hear and consider all
said reports, recommendations and testimony as herein set forth;
and
WHEREAS, the City Council finds that the proposed
prezoning and rezoning are consistent with the City General Plan;
and
WHEREAS, the City Council has previously adopted a
Mitigated Negative Declaration of Environmental Significance for
this project; and
WHEREAS, the City Council finds that the prezoning and
rezoning will not have a significant environmental impact; and
WHEREAS, the prezoning and rezoning are appropriate for
the subject property in terms of being compatible to existing land
uses in the area, and will not overburden public services; and
WHEREAS, the prezoning and 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; and
WHEREAS, the City Council finds that the proposed
prezoning and rezoning are consistent with the City' s General Plan
policies; and
WHEREAS, there is little or no probability that the
prezoning and rezoning will be a detriment to, or interfere with
the City' s General Plan;
NOW, THEREFORE,. BE IT RESOLVED THAT THE City Council
approves the Planned Development (PD) Prezoning and Rezoning
requests PA 85-017 subject to the following Conditions of
Approval.
ATTACHMENT I
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Conditions of Approval PA 85-017. 1 and .2
1 This approval is for a multiple family residential
project with a maximum of 129 units. Development shall be
generally consistent with the following submittals, modified
to conform with the conditions of approval outlined
elsewhere in these conditions.
A. Revised Tentative Map & Development Plan -
Silvergate Highlands Townhouses, prepared by Ferguson
& Wollman, and dated received by the Planning
Department on December 12 , 1985, as further modified
by the two Staff Studies prepared by the
Dublin Planning Department, dated December 12, 1985.
B. Preliminary Landscape Plan - Silvergate Highlands
Townhomes, prepared by Cardoza, Dilallo & Harrington
and dated received by the Planning Department on
February 15, 1985.
C. Floor Plans and Elevations labeled Silvergate
Highlands - Townhomes Preliminaries, prepared by
D.W.S. , Inc. and dated received by the Planning
Department on April 3, 1985.
D. Conceptual Erosion & Sedimentation Control Plans,
prepared by Ferguson and Wollman and dated received by
the Planning Department on April 3, 1985.
E. Lattice Work Detail, dated received by the
Planning Department on April 3, 1985.
F. Typical Deck Section and Redwood Retaining Wall
Detail, prepared by Ferguson & Wollman and dated
received by the Planning Department on April 3 , 1985. .
G. Martin Canyon Creek Study - Sections, prepared by
Ferguson & Wollman and dated received by the Planning
Department on April 3, 1985.
2 Site Development Review approval shall be secured prior
to the recordation of the Final Map or the issuance of
building or grading permits. The Site Development Review
shall implement these following conditions of approval
concerning the physical development of the project.
3 All units shall contain standard and currently available
energy saving devices, and shall be insulated in accordance
with Title 24, State of California Administrative Code.
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.
4 The project architect, or civil engineer, shall provide a
letter to the Planning Director or Building inspector
stating that water conservant toilets, shower heads,
faucets, and automatic dishwashers with low flow cycles have
been installed in the units.
5 Except as may be specifically provided for within these
conditions of approval, the development shall comply with
the City of Dublin Residential Condominium Development
Guidelines. Except as may be specifically provided for
within these conditions of approval, the development shall
comply with City of Dublin Site Development Review Standard
Conditions.
6 After the project has been completed, and subject to
observing any minimum and maximum dimensions specified. in
the approved plan:
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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.
7 Except as may be specifically provided for within these
conditions of approval , development shall comply with City
of Dublin Police Services Standard Residential Building
Security Requirements.
8 Light standards ( freestanding, pedestrian and/or wall
mounted) utilized in this project shall be of a design which
shield the light sources from view from off-site. Light
standards used shall be subject to review and approval by
the Planning Director as regards design, location, number
and illumination intensity.
9 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 through the Conditional Use Permit
review process or, depending on. the magnitude of the
modification, submittal of a new Planned Development
Rezoning submittal. Changes to the proposed finished floor
elevations and site grading shall not exceed a maximum
deviation of two feet from the elevations indicated on the
Revised Tentative Map and Development Plan, dated received
December 12, 1985.
10 Handicapped ramps and access as required by Title 24,
State of California, shall be provided (parking and walkways
serving onsite recreational facilities) . Handicapped
parking stalls, appropriately signed, shall be provided
evenly throughout the project.
11 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 the
recordation 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 in good. repair of all commonly owned
facilities, property and landscaping including but not
limited to; open space, common parking and driveway
areas, lighting, recreation facilities, landscape and
irrigation facilities, fencing, exterior of all
buildings, and drainage and erosion control
improvements.
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 keep the City Planning Department
informed of the current name, address, and phone number
of the Association' s official representative.
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d. Payment of the water and street lighting bills
(maintenance and energy) and maintenance and repair of
storm drain lines are the obligations of the
Homeowners ' Association, unless paid for through a
Lighting and Landscape Maintenance Assessment District.
e. 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.
f. The Homeowners ' Association shall contract with, or be
advised (as to how to handle maintenance operations ) by
a professional management firm.
g. No exterior parking of recreational vehicles or boats
may occur for a period longer then twenty-four ( 24 )
hours within this development.
h. The C.C. & R. ' s shall prohibit the use of guest parking
areas by project residents.
i. The C.C. & R. ' s shall include a statement outlining the
obligations of the property owner 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.
j . Restrict the recoloring, refinishing, or alteration of
any part of the exterior or any building until the
Owner or Declarant first obtains approval from the
related City of Dublin Departments.
12. The developer and/or his representatives shall notify the
Department of Fish and Game, P. O. Box 47, Yountville,
California 94599 of any construction activity proposed in
conjunction with this project that may affect Martin Canyon
Creek in accordance with Section 1601 and 1602 of the Fish
and Game Code. If determined necessary by the Department of
Fish and Game, a Streambed Alteration Agreement shall be
secured by the developer.
13. The use of entrance gates to this project are specifically
disallowed.
14. At least one smoke/fire detector shall be provided in each
residential unit. A fire alarm system acceptable to
D. S.R.S.D. - Fire Department and the Planning Department -
shall be provided for in this project.
15. A pedestrian circulation plan shall be submitted as part of
the Site Development Review materials. The plan shall
include section details of the pathway system and a detailed
lighting plan.
16. Heating of the pool facility shall be by a solar heating
system (which may be supplemented by a gas heater) , the
location and design of which shall be reviewed as part of
the Site Development Review. The developer shall submit
documentation that the number/size/location/design of the
solar collector panels will suffice to provide adequate pool
heating for a reasonable length of time in each calendar
year.
17. The at-grade patios shall be individually - fenced and
landscaped. Individual hose-bibs for each ground level unit
patio area shall be provided by the developer. The layout
of the enclosed patio areas (as regards size and placement
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of concrete patio pads and the design of the enclosing
fencing and retaining walls ) shall be subject to review and
approval as .part of the Site Development Review submittal.
18. The developer shall contribute $30, 000. 00 towards the
required fee contribution for the improvement of the
Silvergate Drive/San Ramon Road intersection to mitigate
traffic impacts.
19. The necessary off-site traffic improvements along Silvergate
Drive shall be made as called for by the traffic impact
analysis report prepared for this project and/or as
determined necessary by the City Engineer. This work shall
include revisions to medians and/or adjustment of through-
lane markings and/or other similar work as determined
necessary by the City Engineer.
20. There shall be compliance with the requirements of the DSRSD
-Fire Department, the Alameda County Flood Control and
Water Conservation District ( see letters of 3-5-85 and 4-
11 -85) , and the City Engineer' s requirements (as outlined in
part on the memo dated May 7, 1985 ) . Written statements
from each agency approving the plans over which it has
jurisdiction shall be submitted to the Planning Department
prior to the issuance of building or grading Permits or the
installation of any improvements related to this project.
21 . All utilities to and within the project shall be
undergrounded. Common water meters may be used, subject to
review by the City Staff and DSRSD.
22. Utilities for each unit shall be individually metered. All
meters shall be screened from view within an enclosure that
is compatible in design and materials to that of the
building to which it is installed.
23. Secure DSRSD agreement to maintain the on-site sanitary
sewer collection system excluding individual laterals. The
system shall be designed as acceptable to DSRSD.
24. Developer shall furnish and install signs stating "Private
Street" and "Fire Access - Park in Designated Locations
Only" along private streets. Guest parking spaces shall be
designated by sign, paint or equal.
25. Fire hydrants at the locations approved by the DSRSD-Fire
Department shall be installed and operable, to the
satisfaction of the DSRSD-Fire Department, prior to
combustible construction. Provide a raised blue
reflectorized pavement marker in the center, of the private
vehicle accessways at each fire hydrant.
26. 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 6" high concrete curb (minimum) , or "rolled-curb" of
a design acceptable to the City Engineer, to separate
all paved parking and passageway areas from landscaped
areas shall have been installed.
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d. Cable TV hook-up shall be provided to each unit.
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 City.
f. Street name signs, bearing such names as are approved
by the Planning Director, shall have been installed.
27. Prior to occupancy of any unit, 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 or letter of
credit for the landscaping, lighting, appurtenant
structures, and 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.
28. Construction of the private vehicle accessways shall conform
to the following:
a. Backfill of all utility trenches and pavement design in
private vehicle accessway areas shall meet standards
for public streets.
b. The developer or the project ' s homeowners ' association
shall 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.
C. The connection between the private vehicle accessways
and the public street shall be by a standard driveway
type of connection. Driveway throat width (at back of
sidewalk) shall be the same as the vehicle accessway.
d. Safety lighting is to be provided on private vehicle
accessways and on pedestrian-way facilities connecting
thereto. Lights shall utilize "vandal resistant"
enclosures, and shall have sufficient power and spacing
to provide an adequate maintained foot candle level.
29. Approval of this Planned Development is for two years as is
specified in Section 8-31 . 2(b) of the Zoning Ordinance.
30. As part of the submittal for a grading plan, the developer ' s
engineer shall field survey Martin Canyon Creek and perform
the necessary hydrologic calculations to establish the
capacity of that section of Creek extending from the
southeast corner of the Nielsen school property to the
southwest corner of the subject property (approx. 2, 800 feet
in length) . Should the Creek not handle the 100-year storm
flow, the developer shall be responsible for installation of
improvements designed so that this capacity is met, with an
effort to maintain the natural appearance of the Creek.
31 . The following Creek setbacks shall be adhered to:
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.
Where the existing bank is 2: 1 or flatter, the setback
shall be 20 feet from the top of the bank.
32.. The following information shall be provided to determine an
adequate setback from the creek and for the required
hydrologic calculations:
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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.
33. The developer ' s engineer shall develop the expected truck
length and turning radius criteria to use the private streets
( fire equipment, delivery, garbage or moving trucks, etc. )
and design the curb radii accordingly and submit this data
and design criteria with the Site Development Review
application.
34. Wheel stops within the project shall be the curb at the end
of the parking stalls. Parking stalls shall be a minimum
depth of eighteen feet.
35. On-site circulation shall be constructed to private vehicle
accessway standards as acceptable to the City Engineer.
36. 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.
37. Prior to filing for building permits, precise plans and
specifications for street improvements, grading, drainage
( including size, type and location of drainage facilities
both on- and off-site) and erosion and sedimentation control
shall be submitted and subject to the approval of the City
Engineer.
38. 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 a site-
specific/project-specific soils and geotechnical report which
shall be submitted for review and approval by the City 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.
39. Roof drains shall be tied into the storm drain system by a
manner approved by the City Enginer.
40. Dust control measures, as approved by the City Engineer, in
conjunction with the projects improvement plans, shall be
followed at all times during grading and construction
operations.
41 . Construction and grading operations and delivery of
construction materials shall be limited to weekdays (Monday
through Friday) and the hours from 7: 30 a.m. to 5: 30 p.m. ,
except as approved in writing by the City Engineer.
42. 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.
43. Prior to commencement of construction of any structures site
grading shall conform with the recommendations of the project
soils engineer, to the satisfaction of the City Engineer. A
declaration by the soils engineer that he has supervised
grading and that such conformance has occurred shall be
submitted.
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Prior to final inspection of buildings: 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.
44. Prior to any grading of the site, a detailed plan covering
grading ( including phasing) , drainage, water quality, erosion
and sedimentation control for construction and the post-
construction period shall be prepared by the Project Civil
Engineer and/or Engineering Geologist, and shall be approved
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
45. Measures shall be taken to contain all trash, construction
debris, and materials on site until disposal off-site can be
arranged. The developer shall be responsible for corrective
measures at no expense to the City.
46. If during construction, archaeological or historical remains
are encountered, construction in the vicinity shall be
halted, qualified 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.
47. Unit address information and directories shall be provided to
the satisfaction of the DSRSD - Fire Department, Postal
Service, Police Services, and Dublin Planning Department.
48. Parkland dedication fees shall be paid prior to the issuance
of building permits, or prior to recordation of the Final
Map, whichever occurs first. The City Engineer shall
calculate the in-lieu fee based upon the Subdivision
Ordinance. For in-lieu fee calculation purposes, the
preliminary park dedication land required is 50, 573 sq. ft.
(assuming 129 units at a dedication of 0. 009 acres/du) .
Final calculations shall be at the issuance of building
permits or at the approval of the Final Map, whichever occurs
first.
49. Should the project be phased:
a. The undeveloped area shall be maintained as acceptable to
the DSRSD - Fire Department and shall be kept free of
trash and debris.
b. A road system of a design determined acceptable to the
City Engineer and the Planning Department shall be
installed.
C. Each phase shall be landscaped and developed such that
should construction of subsequent phases be delayed, the
constructed phase(s ) will appear as a completed project.
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The landscape buffer along the north and east sides of
the east half of the project shall be installed as part
of the first phase of development on that side of
Silvergate Drive. The recreation facilities for the half
of the project under development in the initial phase( s )
shall also be installed as part of the first phase of
development.
50. Should the units be initially occupied as apartment units,
the following reports shall be filed with, and approved by,
the City Engineer at the time the units are put up for
individual sale.
a. a report by a licensed roofing contractor certifying that
the roofs of all the structures are in good condition and
not likely to be in need of replacement for at least 10
years.
b. a report by a Professional Engineer attesting that the
structure of all buildings, pavements, storm drainage
facilities; and the interior and exterior plumbing,
electrical systems, and utility and mechanical equipment
to be owned in common, or as part of the individual
condominiums, are in good and serviceable condition;
C. a report by a licensed painting contractor certifying
that painting throughout the project is in good condition
and that the building exteriors should not require
repainting for at least five years.
d. a report by a licensed termite and pest control
specialist certifying that the structures are free of
infestation and structural damage caused by pests.
51 . Special private storage areas of at least 120 cu. ft. , per
unit shall be provided within, or adjacent to, each unit
(equivalent space within the garage may be utilized to
satisfy this requirement) . Details of the location and
design of these areas shall be supplied within the Site
Development Review submittals.
52. Should the units be initially occupied as apartment units ,
all appliances shall either be replaced with new units or be
warranted to the values of new appliances at such time as
the units are put up for individual sale.
53. Prior to the issuance of building permits, the developer
shall submit the appropriate documentation to demonstrate
that all proposed development shall meet or exceed
applicable state noise attenuation requirements.
54. Information detailing the design, location and materials of
all fencing, and of retaining walls over two feet in height,
shall be submitted as part of the Site Development Review
and shall be subject to review and approval of the Planning
Director. Design and material of fences shall be compatible
with existing fencing in the vicinity of the project.
55. The existing riparian corridor vegetation situated along the
property' s Martin Canyon Creek frontage shall, to the
greatest extent, possible be retained in its present form.
The trees currently existing on site which are located
outside the riparian corridor shall be retained wherever
reasonably feasible. The exact location of building
groupings, driveways, fences and walls, and the specific
unit mix of units in the building groups adjoining the Creek
shall be subject to detailed review through the Site
Development Review to determine which trees can be
reasonably retained. The identified mitigation measures of
the site-specific tree preservation program shall be
incorporated into the project ' s grading, drainage and site
development plans to the greatest extent feasible.
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56. The developer shall be responsible for the development and
recordation of an appropriate agreement, which shall be
subject to review and approval by the City Attorney, which
assures provision of the vehicular/ pedestrian/bicycle cross
access between the two portions of this project and provides
for the joint use of the recreation facilities developed in
the respective halves of the project.
57. Public utility easements shall be established for the
electric distribution system and to provide for lines for
the Telephone Company.
58. There may be one sign established at each entrance to the
project for project identification purposes (a maximum of
four signs ) . The location, copy and design of the signs
shall be subject to review and approval as part of the Site
Development Review submittal.
59. The developer shall confer with the local postal authorities
to determine the type of centralized mail receptacles
necessary and provide a letter stating their satisfaction at
the time the Site Development Review submittal is made.
Specific locations for such units shall be to the
satisfaction of the Postal Service and the Dublin Planning
Department. If centralized mail units are not required, the
developer shall provide written documentation from the
Postmaster stating the exemption.
60. If the subject project is not subdivided, as proposed under
Subdivision 5410, the project shall remain subject to the
conditions of approval established for that subdivision, as
determined applicable by the City Engineer and the Planning
Director.
61 . The number of two-foot finished floor elevation splits on
the western portion of the project shall be increased to 21 +
splits (from the 18 splits proposed by the applicant with
the additional splits between Units #129 and #130 , #74 and
#65, and #96 and #97 ) and the number of splits on the
eastern portion be increased to 20+ splits ( from the 18
splits proposed by the applicant with the additional splits
between Units #23 and #24 and #29 and #30 ) . The use of the
additional finished floor elevation splits shall be made to
make the site' s grading plan more sensitive to the existing
topographic layout of the site to increase the amount of
usable areas surrounding the units, allow better
coordination of individual unit driveways to internal
roadway grades and to allow a decrease in the height and
depth of both perimeter and interior slopes. To that
extent, the exact number and location of finished floor
elevation splits utilized shall be determined through the
Site Development Review process.
62. Additional use of 1 ' to 3 ' high retaining walls shall be
made across both portions of the project to accomplish the
same design goals outlined in Condition #61 . The location,
height, and design of retaining walls shall be determined
through the Site Development Review process. The design of
retaining walls and/or slope gradients at the front and rear
of adjoining units where two-foot finished floor elevation
changes are utilized to allow the grade transition between
adjoining yards shall also be subject to review and approval
through the Site Development Review process.
63. Slopes for areas adjoining both public and private roadways
shall be modified to maximize the level areas available for
landscape treatment and for general safety consideration.
Where these changes occur shall be subject to review through
the Site Development Review process. Special care shall be
taken to assure grades extending away from the public
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right-of-way do not immediately change in slope to create
hazardous conditions and areas that will be difficult to
landscape.
64. To provide an area of appropriate size, location,
configuration, and slope for use as an on-site active
recreation area, Unit #74 shall be eliminated from its
current location in the project. The mix of units in the
resultant Building Group shall be subject to review and
approved through the Site Development Review process. The
eliminated unit may be added back to the project into
Building Grouping #65-#68 as generally depicted on the Staff
Study dated December 12, 1985, and labled "Western Active
Recreation Area. " These changes, along with the addition of
the required finished floor elevation splits, shall be made
to yield a relatively rectangular, level area of one-third
of an acre in size.
The area shall be developed with an active recreation
facility such as a pool complex. The type of facility
developed, and its exact layout, shall be subject to review
and approval through the Site Development Review process.
65. Deleted.
66. Modifications to the area adjoining Building Groups #61 -#64
shall be made to provide a relatively rectangular, level
area of approximately one-quarter of an acre in size. To
provide for this, site plan modifications as generally
depicted in the Staff Study dated December 12, 1985, and
labeled "Eastern Recreation Area" , including the elimination
of Unit #43 shall occur. The mix of units in the resultant
Building Group shall be subject to review and approval
through the Site Development Review process.
67. Project fencing where the adjoining land use is single
family residential shall be with six-foot high heavy wooden
fencing. Fencing along the Hansen property shall also be
with a heavy six-foot solid fence. To provide additional
project cohesiveness and to mitigate potential hazards where
sloping areas will be established along the public right-
of-ways , the site plan shall be modified to provide a flat
area extending from the back edge of the sidewalk into the
project with a minimum dimension of seven feet (as measured
to the nearest top or toe of slope) along the entire length
of the project ' s public street frontage. This area shall be
heavily landscaped.
68. The open peninsula along the creek at the southeastern
corner of the eastern portion of the project shall be
developed as a passive recreation area. Landscape screening
and a tie-in to the pedestrian walkway network and the open
area adjoining Building Groups #39-#43 and #61 -#64 shall be
provided for the recreation uses established at this
location. This peninsula area shall be tied into the
pedestrian walkway network as a destination point through
the use of landscape treatment and benches along the
walkway.
69. Prior to the issuance of building permits, the developer
shall be responsible for the development and recordation of
a document which would allow, to the extent controllable by
the developer, the placement of fill in the 325 ' + strip
lying below the fencing/trellis structures proposed on the
south side of Building Groups #96-#100 and #101 -#104
( extending 10 ' + into the property from the south property
line) that may be desirable to be placed in this area in
conjunction with development of the adjoining section of the
Hansen property (APN 941 -110-1 -5 ) . Should placement of that
fill material take place, costs of modifying fence
locations, drainage facilities or landscaping and irrigation
improvements for that area receiving fill shall be borne by
the developer of the Hansen property. The document shall be
subject to review and approval by the City Attorney. The
document shall stipulate that the intent of the envisioned
agreement . is to provide a smooth, well-planned transition
between the two developments ultimately established on the
respective properties.
70. If the project is developed in phases, all physical
improvements shall be required to be in place prior to
occupancy except for items _ s-pecifically excluded in a
Phasing Plan approved by the Planning Department. No
occupancy shall be allowed until the entire area, or
approved phase, is finished, safe, accessible, provided with
all reasonable expected services and amenities, and
completely separated from remaining additional construction
activity. Any approved Phasing Plan shall have sufficient
cash deposits and other assurances to guarantee that the
project and all associated improvements shall be installed
in a timely and satisfactory manner. Any approved Phasing
Plan shall also include written acknowledgements from the
property owners and any and all occupants or tenants to be
filed with the Planning Department. Said acknowledgements
for a subdivision shall be part of the settlement documents
between the developer and the buyer.
PASSED, APPROVED, AND ADOPTED THIS 13th day of
January, 1986.
AYES: Councilmembers Hegarty, Jeffery,
Moffatt, Vonheeder and Mayor Snyder
NOES: None
ABSENT: None
Mayor
ATTEST:
City Clerk
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