HomeMy WebLinkAboutItem 6.3 Loukianoff Dev Review
CITY CLERK
File# I
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 5, 2005
SUBJECT:
ATTACHMENTS:
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RECOMMENDATION: 1.
2.
~3.
4.
PROJECT DESCRIPTION:
PUBLIC HEARING: P A 04-056, Amendment to the Loukianoff Site
Development RevIew for a New Single-Family Custom Residence on an
Existing Lot (Halim Residence)
Report prepared by: Pierce Macdonald, Associate Plannerof/'
1.
Resolution Approving an Amendment to a Site Development
Review for a Single-Family Custom Residence on an Existing Lot,
with Project Plans attached as Exhibit A
Applicant's Written Statement
Heritage Tree Protection Plan, prepared by HortScience, dated
February 2001
Heritage Tree Ordinance
City Council Resolution 127-04 Approving the LoukianoffHome on
Lot I (P A 03-040), including Project Plans, dated July 6, 2004
City Council Agenda Statement and Minutes for July 6, 2004
City Council Agenda Statement and Minutes for June IS, 2004
Planning Commission Agenda Statement and Minutes for May II,
2004
City Council Resolution 82-85 for Hatfield Development, P A 85-
035.3, dated August 12, 1985
Color Elevations, Halim Residence
2.
3.
4.
5.
6.
7.
8.
9.
10.
Open public hearing;
Receive the Staff presentation and public testimony;
Close the public hearing and deliberate; and
Adopt the Resolution (Attachment 1) Approving an Amendment to
the Site Development Review for a Single-Family Custom
Residence on an Existing Lot, with Project Plans attached as Exhibit
A.
Backeround - Hatfield Development Approval:
On August 12, 1985, the City Council approved Resolution 82-85 for the Site Development Review
application for a 1 75-home, single-family-density residential neighborhood on 88.6 acres ofland in the
western part of Dublin submitted by the Hatfield Development Corporation, Inc., PA 85-035.3 (included
as Attachment 9). The application consisted of Tract Maps 5072, 5073 and 5074. The SDR approval
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Project Planner
File
f,IBlack Mountain\fina' co Sit SDIt 4-5-0S.doc
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6.,
ITEM NO.
estàblished Conditions of Approval and established development regulations for the subject lot at 11299
Rolling Hills Drive.
Lots 1 and 6 to 12, of Block 1 of Tract Màp 5073, identified as "custom lots" in the Resolution, were not
developed when the subdivision tract homes were built in 1985. The subject property, Lot 1, is one of the .
àpproVed custom lots that were to be developed when individual design plans were submitted and
approved. Conditions 4 and 12 of that resolution require that Site Development Review applications be
approved for the development of the custom lots, as well as various other requirements that are further
discussed in the section of this report, entitled Conformance of Project with Hatfield SDR (Council
Resolution 82-85).
-Black Mountain Development rP,4 00-009):
On December 12,2000, the Planning Commission approved the Black MountàÎD Development (P A 00-
009) Site Development Review, which approved the design and location of seven single-family homes on
seven lot~ (Lots I and 7 to 12) and approved the Heritage Tree Protection Plan prepared by Nelda
Matheny ofHortscience (later updated for City Council in February of 200'1 and included with this report
as Attachment 4). The Black Mountain project was appealed to the City Council on December 21,2000.
The appeal cited alleged conflicts of the approved plans with the Heritage Tree Ordinance, the Wildfire
Management Plan, the Zoning Ordinance, and the Hatfield Development approval. On January 16, 2001,
the City Council heard the appeal of the SDR and directed the applicant, Black Mountain, to redesign the
project to minimize adverse impacts to the Heritage Oak Trees.
Black MountàÎD revised the site plan to reflect the Heritage Oak Trees and, on February 20, 2001, the City
Council approved the redesigned Black Mountain project, upheld the decision of the Planning
Commission, and required additional Conditions of Approval.
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In April 2002, during the review of the grading plan for the seven Black MountàÎD lots, Staff determined
that the approved location of the residence on Lot 1 conflicted with the drip line of Tree No. 353. The
actual location of the tree's drip line was between 12 and 20 feet beyond the location shown on the site
plan approved by City Council as part of the Black Mountain Site Development Review permit, P A 00-
009.
In March of2003, the Developer of the Black Mountain project transferreclinterest of Lot I to Alexander
Loukianoff. During this time, Black Mountain also transferred interest of Lots 7, 8, 10 and 12, originally
part of the Black MountàÎD SDR, P A 00-009, to other property owners.
Loukianoff Develovment rPA 03-0401:
After purchasing the lot from the Developer of the Black Mountain project, the new owner of Lot 1, Mr.
Loukianoff, submitted a new Site Development Review application for the property, which was heard by
the Planning Commission on May 11, 2004. The proposed home was 2,954-square-feet with a 587·
square-foot garage, and a roof ridge height of approximately 569 feet above sea level. The proposed home
would have required extensive trimming ofthe Heritage Oak Tree No. 353 due to the Common Area
Stonn Drain Easement on Lot. 1, owned by the community's Home Owners Association, which limited
development of the site. The previous Loukianoff SDRplans are included with this Staff report as
Attachment 5.
The project was approved by the Planning Commission, and subsequently appealed to the City Council by
Council Member McCormick. The City Council heard the appeal June 15, 2004 (see Agenda Statement
.
2 f5bk>
and Meeting Minutes in Attachment 7). The City Council continued the item to the July 6, 2004 meeting
and decided by a straw vote to direct the Applicant to worl.< ~tb.the Home Owners Association to relocate
the Common Area Stonn Drain Easement and move the proposed home away ftom Heritage Oak Tree
No; 353 on Lot 1 (see Agenda Statement and Meeting Minutes in Attachment 6).
e On July 6,2004, the City Council adopted Resolution 127-04 granting the appeal in part and affirming the
Planning Commission approval in part by adding a new Condition of Approval, which required that the
existing Common Area Stonn Drain Easement on Lot 1 be relocated or eliminated to remove any conflicts
with the revised location of the residence. The Applicant was to provide evidence that the Easement had
been relocated. If the Applicant was unable to obtain the relocation of the Easement, the condition
requiring a bond to guarantee the health of the Heritage Oak Trees was written to include a clause that
would increase the duration of the cash bond from one year to three years.
Subsequent to the City Council's decision, Mr. Loukianofftransferred interest in Lot I to Mr. Mohanuned
Halim in the fall of 2004.
Current Proposal- Amendment to Loukianoff Proiect (Haltm PA 04-056):
Mr. Mohàillmed Halim requests City Council approval of an Amendment to the àpproved Loukianoff
Site Development Review (SDR) at this time for a new single-family home at 11299 Rolling Hills Drive
(Lot 1), created by Tract Map 5073 in conjunction with Planned Development PA 85-035 (Hatfield
Development Corporation, Inc.). Lot 1 is a flag lot and 21,943 square feet in size (see Project Plans,
Exhibit A of Attachment 1). The eastern one-fourth portion of the lot is relatively flat, while the
remaining three-fourths ofthe lot drop off steeply with a 30% to 50% slope. The site includes two
moderate-sized oak trees designated Heritage Trees pursuant to the Heritage Tree Ordinance (Attachment
_ 5). Surrounding properties on the north, east, and south sides are designated sin. gle·family residential land
.. use as part of the Hatfield PD District. The property to the west has an agricultural land use designation
and is outside of the City limits within Alameda County.
The proposed Site Development Review Amendment requested by the Applicant would amend the
architectural colors and materials of the home, the design of the roof, and add 606 square feet of
additional habitable floor area as a basement. Pursuant to the Loukianoff SDR approval (City Council
Resolution 127-04), the location of the home has been relocated away from the Heritage Trees on the site
by moving the location of the home to the south. The new location provides a minimum distance of 5 feet
ftom the dripline of any Heritage Oak Tree on the site. The new location is sited over the previous
location of the Common Area Stonn Drain Easement on Lot I, which was moved by the Home Owners
Association as a result of the Loukianoff SDR approval. Changes to setbacks and building height
measurements as a result of the conditions attached to the Loukianoff SDR are not considered part of the
current Amendment project because they are considered part of the approved SDR.
Under the proposed Amendment, no Heritage Tree on the site will be pruned to increase the buildable area
of Lot I. In compliance with the Heritage Tree Ordinance (Attachment 4), the Applicant has agreed to
follow the conclusions and recommendations of the Heritage Tree Protection Plan prepared by
Hortscience (Attachment 3), as adopted by City Council for the Black Mountain project. Conditions of
Approval have been added to the Amendment project to survey and verifY the location of the tree dripline
of the Heritage Oak Tree in the field (see the section of the Staff report, entitled "Conditions of
Approval'').
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ANALYSIS:
An outline of the development characteristics of the Amendment proposal is provided in Table 1 below,
Comparison ofLoukianoffProject to Amendment Proposal. This table summarizes the characteristics of
the proposed SDR Amendment, as well as provides a comparison to the approved project at the site (the _
Loukianoffproject) and the Planned Development (PD) Zoning District regulations (Hatfield). The -
project characteristics, comparisons to previous project, and conformance with the Hatfield PD are further
described in detail in the paragraphs following the table.
TA.BLE 1
COl1'lfJarison of LoukianoIf Profeot to Al1U!ndment p'roposal
CbamÐterl$tic Loúki<lnQff* A1IÌtJ¡!lmlmt j)i:fte¡:eÎlce Cf,IJIfl'ir;ß¡Q.!I(Je with
Z004 2005 :wö4 V$. 2(105 ØIi'tfMìlil:PD (J;!J8~
Floor Area 3,541 square feet 4,154 square feet + 613 square feet N/A
(2,954 square feet of (3,560 square feet (+ 606 square feet of
living area and 587- living area and 594- living area and +7
square-foot garage) square-foot garage) square feet of
garalle)
Setbacks
. Front Yard 20 feet 20 feet same Conforming (20 feet)
. Rear Yard 55 feet 59.5 feet + 4.5 feet rear yard Conforming (20 feet)
setback .
- Side Yard (S) 10 feet, 10 feet, same Confonning
65.8 feet aggregate 65.8 feet aggregate (5 feet minimum,
15 feet aggregate)
- Side Yard (N) 55.8 feet, 55.8 feet, same, Conforming
65.8 feet aggregate 65.8 feet aggregate (5 feet minimum, 15 feet
. al!llre¡¡ate)
- Heritage Tree Modification to 5-foot setback from + 5 feet setback Confonning
Dripline with Tree drip line ftom Heritage Tree (per Hortscience
Pruninll Dripline Horticultural Report)
Lot Coverage! 10.7% 10.4% - .3% Conforming
Buildirzg (35% maximum)
Foowrirzt 21 943 lot area 21 943 lot area
Fourzdatlon Partial pier and Partiai pier and same N/A
Desi/(n Ilrade beam desi;rn grade beam desi;rn
Max. Height 28.5 feet measured 29.06 feet measured + 6.72 inches Conforming
Measured fì:om approved 1985 fì:om approved 1985 (25 feet maximum,
Perperzdicular grade grade increase subject to Site
to Grade DeveloDment Review)
Elevatlorz above +/- 569 feet +/- 567.25 feet - 1.75 feet N/A
Sea Level elevation above elevation above
sea level sea level
· As approved with Conditions of Approval on July 6, 2005.
.
As shown in Table 1 above, the Amendment Proposal is consistent with the approved Loukianoff SDR's
setbacks, lot coverage and building footprint, and foundation design, as well as consistent with the
regulations of the Pla.rmed Development Zoning District (Hatfield). The Amendment would reduce the e
ridge height of the home by 1.75 feet. Landscaping plans included in Exhibit A to Attachment 1 illustrate
a. proposed landscape design that is consistent in size and quality ofplantings with the previously
4r5fJ(P
approved Loukianoff SDR. Proposed amendments to the appr()ved Loukianoff SDR are discussed in the
" ",,'," \,".'
following sections of this Staff report.
Architectural Desil!n and Finishes:
tit The main floor plan and footprint (exterior dimensions of the home) are substantially the same between
the approved SDR project and the proposed Amendment. The Applicant requests City Council approval
of a change to architectural finishes and the addition of 606 square feet of floor area in a basement level.
The previously approved Loukianoff proj ect, P A 03·040, was finished in a Southwestern Ranch style.
Under the proposed Amendment, the residence would be finished in an American Farmhouse style with
clapboard siding and brick accents. The colors and materials of the proposed home and the existing
homes in the neighborhood have a neutral, earth tones palette. A color elevation of the proposed project is
included as Attachment 10. A colors and materials exhibit, illustrating the proposed color palette of gray
and white with brick accents, is available at the Community Development Department and will be made
àvailable at the City Council meeting.
The proposed Amendment is larger than the original Loukianoff SDR approval by 606 square feet of floor
area because the Applicant has proposed a 690-square-foot basement area below the first floor, as created
by the sloping lot, and decreased the floor area on the first floor to construct a balcony. The proposed
Amendment does not change the footprint of the building on the site. The basement area would be semi-
subterranean with two exterior windows and an exterior door leading onto a padded yard area. Two
bedrooms would be constructed within this semi-subterranean area. The size of the proposed home is
compatible with the surrounding development as the immediate neighborhood provides a range of
building sizes from approximately 2,000 square feet to 3,300 square feet.
e The 3,560-square-foot horne and 594-square-foot garage would complement the architecture and building
sizes of the surrounding neighborhood as many of the surrounding homes are in traditional residential
styles with similar colors, materials and floor area.
Roof Desifln and Heieht:
In addition, the Applicant requests an Amendment to the approved design of the roof ofthe Loukianoff
SDR. The roof ridge of the Amendment proposal is longer, extending almost the width of the home,
approximately 44 feet, where the roof ridge of the LoukiàDoffSDR extended over the garage portion of
the home, approximately 28 feet in length. A second gable is proposed over the garage portion of the
home.
As a result of the City Council direction to shift the house away from the Heritàge Tree and into the
fonner drainage easement, and as a result of the redesign of the roof, the height of the amended roof at the
rear of the house measured from grade is approximately 7 inches more than the Loukianoff SDR.
However, the impact of the height of the house has been reduced under the proposed Amendment because
the peak of the roof is 1.75 feet less than the Loukianoff SDR approval.
Conditions of Approval:
The Amended project plans were distributed to all City departments and agencies. The approved
. Conditions of Approval of the Loukianoff SDR were updated for the changes to the roof design, site
location and required grading, and architectural finishes and to include additional conditions to assist Staff
in monitoring the Heritage Trees on-site during field inspections (Condition 101). . Condition 101 is
5 rsc/..¡
recommended to allow Staff to field check the survey, prepared by a licensed surveyor, provided in the
project plans, for verification purposes. This condition would require that the Applicant stake all of the
comers and dimensions of the building and foundation, including all projections such as the deck prior to
installing the foundation. These stakes would remain until the foundation had been inspected by the
Building and Planning divisions. This condition will assist Staff in verifYing the consistency between the A.
survey and the physical building location and current site conditions. .,
Conformance with Dublin General Plan:
The General Plan land use designation for the project site is Single Family Residential at a density of 0:9
to 6 units per acre. The proposed project conforms to density and intensity of use envisioned in the
General Plan as the project would be built at a density of 2 units per acre, which is within the General Plan
density range for the site. There are no Specific Plans. for this area.
Noticinl!:
In accordance with State law, a public notice was mailed to all property owners and occupants within 300
feet of the proposed project to advertise the project and the upcoming public hearing. A public notice was
also published in the Valley Times newspaper and posted at several locations throughout the City. To
date, the City has received no comments or objections ftomsurrounding property owners or tenants
regarding the current proposal.
ENVIRONMENTAL REVIEW:
The environmental impacts of this project were addressed in the Negative Declaration prepared for PA 85-
035 Hatfield Development Corporation Planned Development Rezoning, Annexation and Site e
Development Review of which the subject lot was a part. The Negative Declaration for the project was
prepared and adopted by City Council in accordance with the California Environmental Quality Act
(CEQA), State CEQA Guidelines and the City of Dublin Environmental Guidelines.
CONCLUSION:
The Loukianoff SDR Amendment project is in conformance with the Dublin General Plan, City Council
Resolution 82-85, the Zoning Ordinance, and the Heritage Tree Ordinance. The home is well-sited and
well-designed for the lot and compatible with other neighboririg residences in the subdivision. hnpacts to
views will be minimized by the low gable roofline and design of the residence. No modification to the
location of the drip lines of the Heritage Oak Trees on-site or off-site, are included in the Applicant's
proposal. Conclusions and recommendations of the Heritage Tree Protection Plan prepared by
Hortscience have been incorporated into the draft Conditions of Approval in Attachment 1. As
conditioned, the project Findings included in the attached Resolution (Attachment I) can be made.
RECOMMENDATION:
Staff recommends that the City Council: I) open the public hearing; 2) receive the Staff presentation and
public testimony; 3) close the public hearing and deliberate; and adopt the Resolution (Attachment 1) .
approving an Amendment to a Site Development Review for a Single-Family Custom Residence on an
Existing Lot, with Project Plans attached as Exhibit A.
6iF-f::,(¡¡
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RESOLUTION NO. 05 -
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A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***********************************
PA 04-056, APPROVING AN AMENDMENT TO A SITE DEVELOPMENT REVIEW
(LOUKlANOFF, PA 03-040) FOR A SINGLE·FAMILY RESIDENCE ON AN EXISTING LOT
(LOT 1) AT 11299 ROLLING HILLS DRIVE
WHEREAS, on May 11, 2004, the Planning Commission did hold a public hearing on an
application for Site Development Review (P A 03-040), submitted by Mr. Alexander Loukianoff, for a
2,954-square-foot home and 587-square-foot garage on an existing lot at 11299 Rolling Hills Drive (APN
941-2775-030) and did approve the application on a 2-1-2 vote with two Plarming Commission members
absent; and
WHEREAS, the Planning Commission's decision was appealed to the City Council by Council
Member McCormick on May 21, 2004;
WHEREAS, the City Council considered the Appeal at a public hearing on June 15,2004, and
voted to continue the item to the July 6, 2004 meeting, deciding by a straw vote to direct the Applicant to
work with the Home Owners Association to relocate the Common Area Storm Drain Easement and move
the proposed home away from Heritage Oak Tree No. 353 on Lot I; and
e WHEREAS, on July 6,2004, the City Council adopted Resolution 127-04 granting the AppcaJ in
part and affirming the Planning Commission approval in part by adding a new Condition of Approval
which required that the existing Common Area Storm DraÌ) Easement on Lot 1 be relocated or elimi)ated
to facilitate moving the home, and by adding a )ew clause to the condition requiring a bond to guarantee
the health of the Heritage Oak Trees to increase the duration of the cash bond from one year to three years
ifthe Applicant was unable to obtain the relocation of the Easement, and
WHEREAS, Mr. Mohammed Halim has reqllested approval of an Amendment to the Loukianoff
Site Development Review approved by means of City Council Resolution 127-04 for PA 03-040 to
change the building size, architectural colors and materials, and roof design for a 3,560-square-foot homc
and 594-square·foot garage at 11299 Rolling Hills Drive (APN 941-2775-030); and
WHEREAS, pursuant to Zoning Ordinance Section 8.1 04.090, the process for amending a Site
Development Revicw shall be the same as the process for approving a Site Development Review except
that the decision-maker for such Site Development Review shall be the same decision-maker that
ultimately approved the Site Development Review including approval on appeal; and,
WHEREAS, a completed application for an Amendment to a Site Development Review IS
available and on file in the Dublin Planning Department; and
WHEREAS, the environmental impacts of this project were addressed under the Negative
.... Declaration prepared fo.r the PA 85-035 Hatfield Development Corporation Plarmed Development
_ Rezone, Annexation and Site Development Review of which the subject lots were a part. The Negative
4- ç;-'D~ ¿. ,3-
ATTACHMENT 1-
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Declaration was prepared in accordance with the California Environmental Quality Act (CEQA), State
CEQA Guidelines and the City of Dublin Environmental Guidelines.
WHEREAS, a Staff report was submitted to the City Council recommending approval of the
Amendment to the Site Development Review subject to conditions; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, the City Council did hear and consider all said reports, recommendations and
testimony hereinabove set forth, and used their independent judgment.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make
the foIlowing findings and determinations regarding said proposed Amendment to a Site Development
Review:
A. Approval of the Loukianoff Site Development Review Amendment (Halim P A 04-056) is
consistent with the purposes and intent of Chapter 8.104 of the Zoning Ordinance because
an analysis ofthe project has been completed and presented in the Staff report prepared for
the project that demonstrates that it will promote an orderly, attractive and harmonious sitc
and structurál development, compatible with individual site environmental constraints and
compatible with surrounding properties and neighborhoods; resolve major projeét-related
issues including, but not limited to, building location, and architectural and landscape
design; ensure compliance with development regulations; and promote genera! welfare.
B.
The design and improvements of the Loukianoff Site Development Review Amendment
are consistent with the Dublin General Plan policies as they relate to the subject property in
that it is a single-family residential development consistent with the Single-Family
Residential (0.9-6.0 du/ac) Designation of the Dublin General Plan. The design and
improvements of the Loukianoff Site Development Review Amendment are consistcnt
with the regulations of Planned Development Zoning District (PA 85-035.3) and the
Dublin ZOUÎng Ordinance as an analysis of the project has been completed and presented in
the Staff report prepared for the project which demonstrates the project's compliance with
height, setbacks, FAR, parking, landscaping and other regulations.
C. The approval of the Loukianoff Site Development Review Amendment will not adversely
affect the health or safety of persons residing or working in the vicinity, or be detrimental
to the public health, safety and general welfare because all applicable Building Code and
emergency services regulations will be met.
D. The Loukianoff Site Development Review Amendment has been designed to provide a
desirable environment for the development as the site layout, foundation, roof, and color
and materials have been designed to minimize impacts to Heritage Oak Trees, to minimize
impacts to existing slopes, and to minimize impacts to surrounding properties.
E.
Impacts to views have been addressed by sensitive design and siting of the proposed
single-family residence and by decreasing the height of the. approved roof ridge by
approximately 1.75 feet.
F. Impacts to slopes and topographic features have been addressed because the home will be
placed on a fTaD1ework of deep-seated piers and grade beams to minimize grading impacts.
2
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Functional padded exterior living areas are proposed in the rear yard, and 011 raised deck
areas. Therefore the site is physically suitable for the type and intensity of a single-family
e residential unit.
G. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and, building materials and colors, screening of
exterior appurtenances, exterior lighting and similar elements have been incorporated into
the project and as conditions of approval in order to insure compatibility of this project
with the existing character of surrounding development because the colors, materials, and
size of the home are consistent with the surrounding neighborhood.
H. Landscape considerations, ineluding the locations, type, size, color, texture and coverage
of plant materials, provisions and similar elements have been considered to insure visual
relief and an attractive environment for the public because the landscape plan incorporates
adequate quantities and qualities of trees, shrubs, and ground-cover, and incorporatcs
drought -resistant plantings.
1. As conditioned, the Loukianoff Site Development Review Amendment is consistent with
the Heritage Tree Ordinance and City Council Resolution 82-85, as the Heritage Tree
Protection Plan requirements prepared by Hortscience, dated February 2001, have been
incorporated into the proj ect and as conditions of approval.
NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE City of Dublin City Council
hereby conditionally approves the Site Development Review Amendment Application for P A 04-056 to
e construct a single family residence on Lot I of Block I Tract 5073 and further identified as Assessors
Parcel Number 9412775-030, and as generally depicted by materials labeled Exhibit A, stamped
"approved" and on file in the City of Dublin Planning Department. This approval shall conform to the
project plans submitted by Mark Molinar dated March 9, 2005, on file in the Department of Conununity
Development, unless modified by the Conditions of Approval contained below. This approval supercedes
and replaces the approval granted under City Council Resolution 127-04.
CONDITIONS OF APPROVAL
Unless otherwise stated. all Conditions of Approval shall be complied with prior to final occupancv of the
dwelling unit and sha]] be subiect to Planning Department review and· aporoval. The following codes
reotesetJt those departments/agencies responsible for monitoring compliance with the Conditions of
Aonroval: rPLl Planning. rEI Building. rpOl Police. rpWI Public Works, rADMI AdministrationlCitv
Attornev. rFINI Finance. rpCSI Parks and Communitv Services, rFI Alameda Countv Fire Dent., rDSRI
Dllblin San Ramon Services District, rCOl Alameda Countv Flood Control and water Conservation
District Zone 7.
NO. CONDITION TEXT RESPON. WHEN SOURCE
AGENCY! REQUIRED
DEPART. Prior to:
GENERAL CONDITIONS
e1. Term. Pursuant to Section 8.96.020(D) (as amended) of the PL On-going Zoning
Zoning Ordinance, construction shal1 commence within one Ordin-
(J) year of Site Development Review approval, or the Site ance
Development Review approval shall lapse and become nul1
and void. Commencement of construction means the actual
3
NO.
2.
3.
4.
5.
6.
7.
8.
9.
CONDITION TEXT
construction pursuant to the Site Development Review
approval, or, demonstrating substantial progress toward
commencing such construction. The original approving
decision-maker may, upon the Applicant's written request
for an extension of approval prior to expiration, and upon
the detennination that any Conditions of Approval remain
adequate to assure that applicable findings of approval will
continue to be met, grant a time extension of approval for a
period not to exceed 6 months. All time extension requests
shall be noticed and a public hearing or public meeting shall
be held as re uired b the articular Pennit.
Fees. The Developer shall pay all applicable fees in effect
at the time of building permit issuance including, but not
limited to, Planning fees, Building fees, Dublin San Ramon
Services District fees, Public Facilities fees, Dublin Unified
School District School Impact fees, Public Works Traffic
Impact fees, Tri-Valley Transportation Development Fee,
Alameda County Fire Services fees; Noise Mitigation fees;
Alameda County Flood and Water Conservation District
(Zone 7) Drainage and Water Connection fees; and any
other fees as determined b the Cit
Revocation. The SDR will be revocable for cause in
accordance with Section 8.96.020.1 of the Dublin Zoning
Ordinance, Any violation of the terms or conditions of this
a roval shall be sub' ect to citation.
Required Permits. Applicant/Developer shall comply with
the City of Dublin Zoning Ordinance and obtain all
necessary pennits required by other agencies (Alameda
County Flood Control District Zone 7, California
Department of Fish and Game, Anny Corps of Engineers,
Regional Water Quality Control Board, State Water Quality
Control Board, Etc.) and shall submit copies of the permits
to the D artment of Public Works.
Building Codes and Ordinances. All project construction
shall confonn to all building codes and ordinances in effect
at the time of build in ennit.
Compliance. Applicant/Developer shall compJy with the
City of Dublin Zoning Ordinance, City Council Resolution
82-85, the Heritage Tree Protection Plan prepared by
Hortscience, dated February 2001, and these Conditions of
A roval.
Solid Waste/Recycling. Applicant/Developer shall comply
with the City's solid waste management and recycling
re uirements.
Water Quality/Best Management Practices. Pursuant to
the Alameda Countywide National Pollution Discharges
Elimination PernlÎt (NPDES) No. CAS0029831 with the
California Regional Water Quality Control Board
(RWQCB), the ApplicantiDeveloper shall design and
operate the site in a manner consistent with the Start at the
Source publication, and according to Best Management
Practices to minimize stonn water ollution.
Hold Harmless/Indemnification. ApplicanUDeveloper
4
RESPON.
AGENCY¡
DEPART.
Various
PL
Various
B
PL
B
PW,PL
PW,PL
L-kt/"-+
WHEN
REQUIRED
prior to:
Various times,
but no later than
Issuance of
Building Permits
On-going
V an,ous times,
but no later than
Issuance of
BuiJding Permits
Through
Completion
Issuance of
Building Permits
and On-going
On-going
Issuancc of
Grading Pennit
On-going
Zoning
Ordin-
ance
Zoning
Ordin-
ance
Zonin
Ordin-
ance
Zoning
Ordin-
ance
L
RWQCB
NO.
CONDITION TEXT
ReSPON.
AGSNCYI
D'EPART.
shall defend, indemnify, and hold harmless the City of
Dublin and its agents, officers, and employees ITom any
claim, action, or proceeding against the City of Dublin or its
agents, officers, or employees to attack, set aside, void, or
annul an approval of the City of Dublin or its advisory
agency, appeal board, Planning Commission, City Council,
Director of Community Development, Planning Manager,
or any other department, committee, or agency of the City
the Site Development Review to the extent such actions are
brought within the time period required by Goverunlent
Code Section 66499.37 or other applicable law; provided,
however, that the ApplicantlDevelopcr's duty to so defend,
indemnify, and hold harmless shall be subject to the City's
promptly notifying the ApplicantlDeveloper of any said
claim, action, or proceeding and the City's full cooperation
in the defense of such actions or proceedings.
JO. Clarifications and Changes to the Conditions. In the PW
event that there needs to be clarification to these Conditions
of Approval, the Directors of Community Development and
Public Works have the authority to clarify the intent ofthese
Conditions of Approval to the ApplicantlDeveloper by a
written document signed by the Directors of Community
Development and Public Works and placed in the project
file. The Directors also have the authority to make minor
_ modifications to these conditions without going to a public
_ hearing in order for the Developer to fulfill needed
improvements or mitigations resulting from impacts of this
Droi ect.
PUBLIC WORKS
11. Standard Public Works Conditions of Approval. PW
ApplicantlDeveloper shall comply with all applicable City
of Dublin Public Works Standard Conditions of Approval.
In the event of a conflict between the PubJic Works
Standard Conditions of Approval and these Conditions,
these Conditions shalJ prevail.
12. Title Report. A currept preliminary title report together PW
with copies of all recorded easements and other
encumbrances shall be submitted for reference during plan
check and as deemed necessary bv the City Em!Îneer.
13. Relocation of Existing Improvements/Utilities. Any PW
necessary relocation of existing improvements or utilities
shall be accomnlished at no expense to the Citv.
DRAINAGE/GRADING
14. Grading /Sitework Permit; The applicant shall submit a IPW
Final Grading Plan to obtain a Grading! Sitework Pewit from
the Public Works Department for site grading and
improvements. All site improvement work and public right-
of "way work must be performed per a Grading!Sitework
Permit issued by the Public Works Department. Said permit
_ will be based on the final set of improvement plans to be
_ approved once all of the plan check comments have been
resolved. Please refer to the handout titled Grading / Site
Improvement Permit Application Instructions and attached
5
hl5b \ L\ '+
.'
WHEN
REC¡UIRED
Prip:rto:
SOURCE
On-going Standard
On-going Standard
Issuance of Standard
Building and
Grading Permit
On-going Standard
Prior to Grading DW
Permit
NO.
15.
16.
17.
18.
19.
20.
21.
CONDITION TEXT
RESPON.
AGENCY!
DEPART.
application (three 8-1/2" x II" pages) for more information.
The ApplicantlDeveloper must fill in and return the applicant
information contained on pages 2 and 3. The current cost of
the permit is $10.00 and due at the time of permit issuance,
although the Applicant/Developer will be responsible for any
ado ted increases to the fee amount.
Lot Dimensions. All property lines shall be dimensioned on PW
the plans with both bearings and distances from the rccorded
final map.
Grading. Contour lines on the plans shall match the original W
ground surface elevations from the Traçt 5073 grading plan.
No graded slopes shall be steeper than 2: I. Cut and fill
quantities shall be shown on the Grading Plan.
Drainage. Concentrated storm flows from the proposed PVC W
pipe that will drain the driveway and from rain water leaders
that wilJ drain the roof and site improvements shall not
discharge at or near the top-of-slope. Instead, concentrated
flows shall be collected in a pipe network that discharges
through an energy dissipater as near as possible to the down
slope property line. Appropriate details shall be added to the
plans to address this issue.
Encroachment Permit. The applicant shall obtain an PW
Encroachment Permit from the Public Works Department for
any work within the public street rights of way.
Right of Entry. The Developer shall obtain rights-of-entry PW
from the adjacent property owners for any improvements on
their property. The rights-of-entry shall be in writing and
co ies furnished to the Cit En ineer.
Geotechnical Report. All grading. retaining walls and PW
foundation work shall be performed in accordance with the
recommendations contained in the Geotechnical Report by
Engeo titled Foundation Exp10ration, Bordeaux Estates, Lot I
Rolling Hil1s Drive and Lots 7 through 11 Brittany Lane,
Dublin, California dated April 6, 2000 and site specific
information contained in the letter from TND2 dated March
7,2005. The responsible Geotechnical Engineer shall sign a
statement on the Grading, Drainage and Improvement Plan
that all proposed grading, drainage and retaining walls
conforms to the recommendations contained in the
Geotechnical R ort.
Existing Common Area Storm Drain Easement PW
(CASDE). The applicant shall install a 12"-diameter
reinforced concrete storm drain pipe along the centerline of
the existing CASDE that encumbers the site from the edge
of the proposed concrete driveway to the edge of the
proposed retaining wall to accommodate any existing or
future Silvergate Homeowner's Association storm
discharges. Since the existing CASDE contains an angle
point within a proposed fill area, the applicant shall either
6
LP Ifb lO <t
WHEN
REQUIRED
Prior to:
Issuance of
rading and
uilding Permits
Issuance of PW
rading and
uilding Permits
Issuance of PW
ading and
uilding Permits
Prior to any PW
construction
within the street
ri hts ofwa
Issuance of W
rading/Sitework
nd Building
ermits
Prior to Grading W
I Sitework
Permit
On-going
,PW
r¡~ID<-t
NO. CONDITION TEXT ReSPON. WHEN SOURCE
AGENCYI REQUIRED
DEPART. Priorto:
install a junction structure (manhole) at the angle point, or
shall relocate the wall towards the top of the hill· slightly to
avoid the angle point. The final design of the concrete storm
drain pipe shall be subject to review and approval by the
Director of Public Works.
22. Grading and Drainage Design. The Final Grading and PW Prior to Grading / PW
Drainage Plan shall be designed to conform with the Sitework Permit
Preliminary Grading Plan submitted for P A 04-056, in the
Project Plans, Exhibit A, and shall be prepared to meet the
following requirements:
· No surface drainage shall cross the side
property lines;
· All retaining walls on the property line shall be
concrete or masonry;
· Grading in all areas shall be designed so that
there is an emergency surface release of drainage
should the underground drainage system fail;
· An drainage from the developed area of the lot
shall be collected and conveyed to a drainage
dissipater in the rear of the lot or to a thru-the~curb
drain on the street frontage;
· Concentrated storm flows from the pipes that
will drain the driveway and from rain water leaders
e that will drain the roof and sitc improvements shan not
discharge at or near the top-of-slope. Instead,
concentrated flows shall be collected in a pipe network
that discharges through an energy dissipater as near as
possible to the down slope property line. Appropriate
details shall be addcd to the oJans to address this issue.
23. Grading, Drainage and Improvement Plan. The applicant PW Prior to Grading / 'w
shall prepare a Final Grading, Drainage and Improvement Sitework Permit
Plan forreview and approval of the Public Works Director.
Thc Plan shall include as a minimum the following
infonnation:
a. Existing topography including ground contours
at one~foot intervals extending a minimum 10 feet
beyond the property limits, and the location of the
existing tree trunks and drip Jines (note the drip lines
to be accurately shown per the locations on the
Topographic Survey);
b. The location of existing improvements
including fences and street frontage improvements;
c. Location and elevation of existing and any
proposed changes to the water, sanitary sewer, gas,
electric and CATV services to the lot;
d. The location of all proposed improvements
including the house footprint, decks, patios, retaining
walls, pathways and driveways;
e. Proposed grading including:
e i. Limits of cut and fill area including
the "daylight" linc where the
proposed grading conforms to the
existinl! \!round;
7
Location and type of all inlets;
Elevations of grate 31)d pipe inverts
at all storm drain structures;
Storm drain pipes size, slope and
material;
Location and detail for the outlet
dissipater;
DIrection of surface flow;
Construction notes, sections and details as
required;
Location and elevation for the benchmark
to be used for construction; and,
Signature blocks for the Public Works
Director Geotechnical En "neer and the DSRSD.
Erosion Control during Construction.
Applicant/Developer shall include an Erosion and Sediment
Control Plan with the Grading and Improvement plans for
review and approval by the City Engineer/Public Works
Director. Said plan shall be designed, implemented, and
continually maintained pursuant to the City's NPDES
permit between October 1" and April IS" or beyond these
dates if dictated by rainy weather, or as otherwise directed
b the Cit En ineerlPublic Works Director.
Storm Water Treatment Measures Maintenance
Agreement. ApplicantlDeveloper shall enter into an
agreement with the City of Dublin that guarantees the
property owner's perpetual maintenance obligation for all
storm water treatment measures installed as part of the
project. Said agreement is required pursuant to Provision
C.3.c.ii ofRWQCB Order RZ-2003-0021 for the reissuance
of the Alameda Countywide NPDES municipal storm water
permit. Said permit requires the City to provide verification
and assurance that all treatment devices will be properly
o erated and maintained.
DSRSD Signature. The Grading, Drainage and
Improvement Plan shall be signed by DSRSD approving the
sanitary sewer and water facilities. DSRSD will require all
fees and a eements to be com leted rior to si in.
Driveways. The driveway shall be 14 feet wide and shall be
constructed in accordance with City Standards. Vehicle
turn around area shall be provided such that vehicles don't
back out into the street.
UTILITIES
28.
NO.
24.
25.
26.
27.
CONDITION TEXT
f.
Finish floor elevations;
Sufficient finish surface elevations
on all pavements to show slope and
drainage;
Top, toe and slope of all banks;
Top, bottom and height of all
retaining walls;
vi. Quantities of cut and fill;
Proposed drainage improvements
including:
l.
II.
II.
Ill.
IV.
V.
Ill.
IV.
v.
g.
h.
1.
Utilities. The applicant shall secure all utility services to th.e
8
RESPON.
AGENCY!
DEPART.
PW
PW
PW
PW
PW
75~ 10'1
WHEN
REQUIRED
P·rlor to:
Prior to Grading / W
Sitework Permit
Issuance of
Occupancy
Permit/Bui]ding
Permit Final
Prior to Grading / W
Sitework Permit
or Building Permit
Prior to Grading / W
Sitework Permit
or Building Permit
Prior to Building W
WQCB
NO.
CONDITION TEXT
site, including but not limited to electricity, telephone, cable
television, water, sewcr and other required utility services in
accordance with the requirements and specifications of the
utility eompany_ The Dublin San Ramon Services District
(DSRSD) may require the water and sewer service to be fitted
with a backflow prevention device. In addition, the existing
water service pipe in Brittany Lane may not be large enough
to accommodate the required flow rates for this home because
of the need for fire sprinklers, and therefore may need to be
upsized_ The applicant shall comply with all applicable
regulations of the DSRSD. The applicant shall obtain
encroachment permit from thc City prior to any work within
the Cit ri ht-of-wa .
BIJILDING DIVISION / CONSTRUCTION
29. Hours of Construction. Standard construction and grading
hours shall be limited to weekdays (Monday through Friday)
and non-City holidays between the hours of7:30a.m. and
6:00 p.m. The Applieant/Developer may request reasonable
modifications to such determined days and hours, taking into
account the seasons, impacts on neighboring properties, and
other appropriate factors, by submitting a request form to the
City EngineerlPublic Works Director_ For work on Saturdays
or Sundays, said request shall be submitted no later than 5 :00
p.m. the prior Wednesday. Overtime inspection rates will
apply for all after-hours, Saturday, and/or holiday work.
Building Permit for Retaining Walls. The applicant shall
obtain a separate Building Permitrrom the Building
Department for all retaining walls over 24 inches with a
surcharge or 36 inches without a surcharge (which may be the
total height of the stepped walls depending on the horizontal
spacing). Retaining walls within a walkway and over 30
inches in height shall provide guardrails_
31. Solid Fuel Burning Fireplace. Plans indicate a fireplace in
the living room of the home. Solid fuel burning fireplaces are
not allowed in the City of Dublin. The Applicant/Developer
shalJ amend lans to indicate t e of fir lace.
32. Dust Control. The contractor is responsible for preventing
dust problems from the site by watering graded areas or other
palliative measures as conditions warrant or as directed by the
Public Works Director.
33_ Parking. Construction and workers vehicles shall not park on
the north side of Brittany Lane. Double parking will not be
allowed.
34. Trash and Debris Control. Measures shall be taken to
contain all construction related trash, debris, and materials on
site until disposal off-site. The contractor shall keep the
adjoining public streets and properties free and clean of
roO ect dirt, trash and construction materials.
Construction Fence. The applicant shall install a temporary
fenceJbarrier across the rear yard approximately 10 feet
be ond the limits of gradin . The fenceJbarrier shall be
9
RESPON.
AGENCY/
DEPART.
PW
B
B,F
PW
PW
PW
PW
'9~¡D"Í'
WHEN
REQUIRED
Prio.r to:
Permit
During
construction
Prior to start of
construction of
any retaining
walls.
Prior to issuance
of Building
Permits.
During
construction
During
construction
During
construction
During
construction
SOURCE
w
-MC
w
Vv'
w
w
NO.
CONDITION TEXT
36.
placed in such a manner to restrict construction activities,
material storage, trash, and debris from going down slope of
the construction area
Construction Noise Management Program/Construction PW
Impact Reduction Plan. ApplicantlDeveloper shall confonn
to the following Construction Noise Management
Program/Construction Impact Reduction Plan. The following
measures shall be taken to reduce construction impacts:
a. Off-site truck traffic shall be routed as directly
as practical to and from the freeway (1-580) to
the job site. Primary route shall be from 1-580
to San Ramon Road. An Oversized Load
Pennit shall be obtained from the City prior to
hauling of any oversized loads on City streets.
b. The construction site shall be watered at
regular intervals during all grading activities.
The frequency of watering should increase if
wind speeds exceed 15 miles per hour.
Watering should include alJ excavated and
graded areas and material to be transported
off"site. Use recycled Of other non-potable
water resources where feasible.
c. Construction equipment shall not be left idling
while not in use.
d. Construction equipment shall be fitted with
noise muffling devices.
e. Radios and loudspeakers shalJ not be used
outside of the building.
f. Mud and dust carried onto street surfaces by
construction vehicles shall be cleaned-up on a
daily basis.
g. Excavation haul trucks shall use tarpaulins or
other effective covers.
h. Upon completion of construction, measures
shall be taken to reduce wind erosion.
Replanting and repaving should be completed
as soon as possible.
l. After grading is completed, fugitive dust on
exposed soil surfaces shall be controlled using
the following methods:
1. Inactive portions of the construction
site shall be seeded and watered until
grass growth is evident.
2. An portions of the site shall be
sufficiently watered to prevent dust.
3. OJ)-site vehicle speed shall be limited
to 15 mph.
4. Use of petroleum-based palliatives
shaH meet the road oil requirements
of the Air QuaJity District. Non-
petroleum based tackifiers may be
required by the City Engineer.
1. Thc Department of Public Works shaH handle
10
RESPON.
AGENCYI
DEPART.
IOq{"-t
WHEN
REQUIRED
Prior to:
OD-going and
during
construction
W
¡ \ "b It) ê\
NO. CONDITION TEXT RESPON. \IV.... EN SOURCE
. AGENCYI REQUIRED
- DEPART. Prior to;
all dust complaints. The City Engineer may
require the services of an air quality consultant
to advise the City on the severity of the dust
problem and additional ways to mitigate
impact on residents, including temporarily
halting proj ect construction. Dust concerns in
adjoining communities as well as the City of
Dublin shall be addressed. Control measures
shall be related to wind conditions. Air quality
monitoring of PM levels shall be provided as
required by the City Engineer.
k. Construction interference with regional non-
project traffic shall be minimized by:
I. Scheduling receipt of construction
materials to non-peak travel periods.
2. Routing construction traffic through
areas ofleast impact sensitivity.
3. Routing construction traffic to
minimize construction interference
with regional non-project traffic
movement.
4. Limiting lane closures and detours to
off-peak travel periods.
5. Providing ride-share incentives for
e contractor and subcontractor
personneL
1. Emissions control of on-site equipment shall
be minimized through a routine mandatory
program oflow-emissions tune-ups_
37_ Damaged Improvements. The applicant shall repair to the PW Prior to PW
satisfaction of the Public Works Director all damaged street occupancy
curb gutter sidewalk and pavement on the Jot frontage.
38. DSRSD Fees. All utility connection fees including DSRSD DSRSD Prior to DSRSD
and Zone 7, plan checking fees, inspection fees, cOilllection issuance 0 f any
fees, and fees associated with a wastewater discharge permit Building or
shall be paid to DSRSD in accordance with the rates and Construction
schedules established in the DSRSD Code. Pennit by
DSRSD
FIRE AND EMERGENCY SERVICES
39. Automatic Fire Sprinkler System. Automatic Fire BLDG Prior to issuance
Sprinkler Systems shall be required in alJ buildings that are ofbuilding
adjacent to Open Space or Undeveloped Land. The pennit and
installation of the Automatic Fire Sprinkler System shall be Ongoing
in accordance with atmroved Citv standards.
40. Wildfire Management Plan and the Heritage Tree F,B Prior to issuance )
Ordinance. The Applicant shall comply with the Wildfire of Building
Management Plan and the Heritage Tree Ordinance as Permits and
follows: Ongoing
e a. The building shall be equipped with an
automatic sprinkler system and the sprinkler system
shall be monitored by a UL certified central station
11
NO.
CONDITION TEXT
company;
b. The roof covering shall be Class A rated.
For roof coverings where the profile allows a space
between the covering and decking, the space at the
eave ends shall be fire stopped precluding entry of
embers or flames. Roof decking shall be shall be solid;
space sheathing shall be prohibited;
c. The underside of the eaves shall be one-hour
rated. Fascias shall be constructed as to be protected
on the backside by materials approved for one-hour
fire resistive construction or 2-inch nominal
dimension lumber;
d. The exterior wall on the side facing the
Heritage Tree and the two adjacent sides shalJ he one
hour rated (3 walls);
e. The exterior doors shall be non-combustible
or solid core I % inch thick;
f. Attic vents or other vent openings shall not
exceed 144 sq. in. and covered with non-combustible
corrosion resistant mesh with openings not to exceed
y. inch. Attic ventilation openings shall not he ]ocated
in soffits, eave overhangs, between rafters at eaves, or
in other overhang areas_ Under floor ventilation
openings shall be located as close to grade as
practical;
g. The windows shall be dual pane tempered
on the side facing the open space and the two adjacent
sides.
h. Clearly show heritage trees on the site plan.
Show the drip lines of the trees on the plan;
!. The structural members in the under floor
areas shall be one hour rated. Metal structural
members shall be used in place of wood in
construction of all under floor areas that are enclosed
to the ground with exterior walls as required in the
Wildfire Management Plan;
J. Comply with the vegetation guidelines.
'This requires that a five (5) foot area of non-
combustible materials, flowers, plants, gravel or soil
be maintained around the house.
k. Gutters and downspouts shall be constructed
of noncombustible material;
1. Unenclosed accessory structures attached to
the building with habitable space and projections, such
as decks, shall be of one-hour fire resistive
construction, heavy timber, or constructed of
noncombustible material. When the attached structure
12
ì d i!b \D'+
RESPON.
AGENCY!
DEPART.
WHEN
REQUIRED
Prio'r to:
SOURCE
NO.
CONDITION TEXT
RESPON.
AGENCY!
DEPART.
41.
is located and constructed so that the structure or any
portion thereof projects over a descending slope
surface, the area below the structure shall have all
under floor area enclosed to within 6 inches of the
ground with exterior walls;
m. All accessory structures shall be constructed
pursuant to requirements of the Wildfire Management
Plan;
n. Fences shall constructed of combustible
materials shall be separated from the perimeter of the
buildings containing habitable space by connecting to
the buildin with a maso ilaster.
Applicable regulations and requirements. The F
ApplicantJProperty Owner shall comply with all applicable
regulations and requirements ofthe Alameda County Fire
Department (ACFD), City of Dublin Standards, including
minimum standards for vegetation management and
emergency access roads and payment of all appropriate fees,
includin Cit of Dublin Fire facility fees.
Smoke Detectors. Residential smoke detectors shall be F
installed as required by California Building Code section 310.9.
Fire safety during construction. The following is F
applicable during the construction phase:
a. The combustibles on the site shall be removed
prior to start of construction;
b. Article 87 of the Fire code shall be followed
concerning fire safety during the construction,
demolition or repair, and the following
requirements shall be provided to the project
manager and job contractor who shall notify
all employees and sub~contractors of the
requirements;
c. Access roads shall be installed prior to
building/site construction occurring;
d. Water supply shall be installed and in-service
prior to building/site construction occurring;
e. Access roads, turnarounds, pullouts, and fire
operation areas and fire water supplies shall be
maintained clear and free of obstructions,
including parking. These areas are required
fire lanes and shall be passable fire equipment
at all times;
f A means to contact emergency services and a
minimum of one 4A 20BC fire extinguisher
shall be provided at the job site;
Hot work activities such as weldin
42.
e
13
13 ~ 10'1
WHEN
REQUIRED
Prior to:
SOURCE
Prior to issuance
of Building
Permits and
Ongoing
Prior to issuance
of Building
Permits
Prior to
delivery of any
combustible
material
I/O.
CONDITION TEXT
RESPON,
AGENCYI
DEPART.
44.
torches, and flame producing operations shall
be in accordance with the Fire code; and,
h. All construction equipment I machinery I
devices with internaJ combustion engines shall
be equipped with approved spark arrestors
while 0 eratin in this roject area.
Numbers or Addresses. Approved numbers or addresses shall F
be placed on all new buildings. The address shall be positioned
as to be lighted, plainly visible and legible £rom the street or
road fronting the property. Said numbers shall contrast with
thejrback ound CFC, 1998, Section 901.4.4
Uniform Building and Fire Codes. The project shall comply F
with Uniform Building and Fire Codes as adopted by the City
of Dublin. All project construction shall conform to all fire
codes and ordinances in effect at the time ofbuildin ermits.
Sprinkler System. Provide a note on the drawing showing that F
the building is provided with a sprinkler system as follows:
a. The sprinkler system shall be designed and installed in
compliance with N.F.P.A. 13D.
b. Contact the Fire Department at least 48 hours in
advance for required underground inspections and
hydrostatic test of all systen1 components.
c_ The sprinkler system shall be monitored by a centra]
station monitoring as defined in N.F.P.A. Standard No.
72. (Required by the Heritage Tree Ordinance).
d. Submit detailed shop drawings of all sprinkler
modifications to the Fire Department for approval and
ermit nor to installation.
Driveway Width. Because the exterior walls arc over 150 F
feet from the public road, the driveway shall be a minimum
14 ft wide emergency vehic]e access road designed to hold
the weight of fire apparatus (63,000 pounds with a 40,000 lb
axle weight).
45.
46.
47.
l'OLlCE SECURITY
48.
Residential Security Requirements. The development shall B, PO
comply with the City of Dublin Residential Security
Requirements. Security hardware must be provided for all
doors, windows, roof, vents, and skylights and any other
areas per Dublin Police Services recommendations and
requirements. At the beginning of the construction, an
address sign of adequate size and color shall be posted on
site. Additionally, during construction security measures
shall be taken to secure equipment and materials, including
barricades. lockin boxes and contact information.
Lighting. Lighting shall be installed over all exterior doors B, PO
in confomlance with the Residential Security Requirements.
49.
14
I c.+"b lD'-ì
WHEN
REQUIRED
P·rior to.:
Prior to
Occupancy
Prior to
Completion
Prior to issuance
of Building
Pennits
Prior to issuance
of Building
Pennits
Prior to
Occupancy
Pri or to
Occupancy of
first residence
SOURCE
,PO
Public Facilities Fee. The developer pay Public Facilities Fee PCS
in the amounts and at the times set forth in City of Dubli
Resolution No. 214-02, adopted by the City Council 0
November 19, 2002, or in the amounts and at the times se
forth in any resolution revising the amount of the Pub Ii
Facilities Fee, as implemented by the Administrativ
Guidelines ado led b Resolution J 95-99.
ARCHITECTURE
53. Exterior lighting. Exterior lighting shall be of a design and PL
placement so as not to cause glare onto adjoining properties.
Lighting used after daylight hours shall be minimized to
rovide for securit needs onl .
Fencing and Retaining Walls. Thc design, location and
materials of all fencing and retaining walls shall be subj cct to
review and approval by the Community Development
Director.
Increase in height of residences prohibited. Any increase in PL
height of the residence proposed with this project beyond that
approved by the City with this applicatiol1 is prohibited. The
Applicant/Developer shall be responsible for surveying and
certification of floor height and ridge height prior to
completion of framing construction to verify actual buildil1g
hei ht.
Colors and Materials. BuiJding colors and materials shal PL
generally confol1ll to colored elcvations and materials shee
dated received October 29,2004.
LANDSC..œING
57. Final Landscaping and Irrigation Plan. PL
Applicant/Developer shall submit a Final Landscaping an
Irrigation Plan, confol1lling to the requirements of Sectio
8.72.030 of the Zoning Ordinance (unless otherwise require
by this Resolution) and the various Heritage Tree protectio
requirements, stamped and approved by the Director of Publi
Works and the Director of Community Development. The pi
should generally confOI1ll to the landscaping plan shown on th
Site Develo ment Review lans, lotted Februar 4.2005.
Wildfire Managcment Plan. The Final Landscaping an
Irrigation Plan shal1 be in accordance with the City of Dubli
Wildfire Mana ement Plan.
Landscape Installation. Prior to final occupancy approval
all re uircd landsca in and irri ation, shall be installed.
NO.
51.
PARKS
52.
CONDITION TEKT
RESP0N.
AGENCYI
DEPART.
B,PO
Graffiti and Vandalism. The Applicant/Developer shall
keep the site clear of graffiti and other vandalism on a regular
and continuous basis at all times.
During Construction. During constru.ction, the
Applicant/Developer shall:
a. Provide the Police Services Department with a 24-hour
contact number for use by emergency responders; and,
b. Post the site with signs stating "NO TRESPASSING."
The signs shall also include regular hours of
construction.
55.
56.
58.
59.
PL
·\50(/°,*
WKE!N
REQUIRED
P,ior to:
Prior to
Occupancy of
first residence
ngOlng
SOURCE
,PO
,PO
Issuance of CS
Building Pel1llit.
Ongoing L
Prior to approval L
of Final
Landscaping and
Irri ation Plans.
Ongoing . L
Ongoing L
Prior to building .0.
pel1llit
F Prior to building
pel1llit
PL,B Prior to L
occu anc
15
NO.
60.
nSR'SD
61.
62.
63.
64.
65.
CONDITION TEKT
RESPON.
AGENCYI
DEPÄRT.
The landscap PL
drought-toleran
Drought-tolerant and/or native species.
design and construction shall emphasize
and/or native s ccies wherever ossible.
Dublin San Ramon Service District (DSRSD) Permit. The DSRSD
applicant shall obtain a construction permit from the DSRSD
for all water and sanitary sewer improvements.
Conformance to DSRSD Requirements. Prior to issuance 0 DSRSD
any building permit, complete improvement plans shall b
submitted to DSRSD that conform to the requirements of th
Dublin San Ramon Services District Code, the DSRS
"Standard Procedures, Specifications and Drawings for Desig
and Installation of Water and Wastewater Facilities", al
applicable DSRSD Master Plans and all DSRSD policies. Prio
to the issuance of a building permit, all utility connection fees
plan check fees, inspection fees, permit fees and fee
associated with a wastewater discharge permit shall be paid t
DSRSD in accordance with the rates and schedules establishe
in the DSRSD Code.
Gravity Flow. Sewers shall be designed to operate by gravi DSRSD
flow to DSRSD's existing sanitary sewer system. Pumping 0
sewerage is discouraged and may only be allowed unde
extreme circumstances following a case by case review wit
DSRSD staff. Any pumping station will require specifi
review and approval by DSRSD of preliminary design reports
design criteria, and fïnal plans and specifications. The DSRS
reserves the right to require payment of present worth 20 yea
maintenance costs as well as other conditions within a separat
agreement with the applicant for any project that requires
um in station_
Connection Fees. Prior to issuance by the City of an DSRSD
Building Permit or Construction Pennit by the Dublin Sa
Ramon Services District, whichever comes first, all utili
connection fees including DSRSD and Zone 7, plan checkin
fees, inspection fees, connection fees, and fees associated wit
a wastewater discharge permit shall be paid to DSRSD i
accordance with the rates and schedules established in th
DSRSD Code.
Signed b)' the District Engineer. Prior to the issuance of DSRSD
building permit, all improvement plans for DSRSD facilitie
shall be signed by the District Engineer. Each drawing 0
improvement plans shall contain a signature block for th
District Engineer indicating approval of the sanitary sewer 0
water facilities shown. Prior to approval by the Distric
Engineer, the Applicant shall pay all required DSRSD fees
and provide an engineer's estimate of construction costs fo
the sewer and water systems, a performance bond, a one-ye
maintenance bond, and a comprehensive gencral Jiabilit
insurance policy in the amounts and forms that are acceptabl
to DSRSD. The Applicant shall allow at least 15 working day
for final improvement drawing review by DSRSD befor
si 'nature b the District En ineer.
16
) 1o¡},~ \b,-\
LJ
WHEN
REQUIRED
prior to:
Prior to
occupancy
.0.
Prior to SRSD
construction of
sanitary sewer
. and water
im rovements.
Prior to issuance
of Building
Permits
Ongoing SRSD
Ongoing SRSD
Prior to issuance SRSD
of Building
Permits
n~)t(,)<-\:"
NO. CONDITION TEXT RESpaN.. WHEN SOURCE
AGENC¥I REQUIRED
DEPARf. Prlo:r to:
6. Sewer and Water. No sewer line or water line constructior DSRSD Ongoing SRSD
shall be permitted unless the proper utility construction permi
has been issued by DSRSD. A construction permit will onh
be issued after all of the items in the condition immediatel)
before this one have been satisfied.
67. Hold Harmless and Indemnify. The Applicant/Proper!' DSRSD Ongoing )SRSD
Owner shall hold DSRSD, its Board of Directors
commissions, employees, and agents of DSRSD harmless and
indemnify and defend the same from any litigation, claims, 0
fines resuJtim! from completion ofthc proiect.
68. Construction Permit. The Applicant/Property Owner shal DSRSD Prior to DSRSD
obtain a limited construction permit from the DSRSD prior t( commencemcnt
commencement of anv work. of anv work
69. Construction by Applicant/Developer. All onsite potablf DSRSD Completion of DSRSD
and recycled water and wastewater pipelines and facilitie Improvements
shall be constructed by the Applicant/Developer in accordancf
with all DSRSD master plans, standards, specifications anc
reauirements.
70. DSRSD Water Facilities. Water facilities must be connected DSRSD Completion of )SRSD
to the DSRSD or other approved water system, and must b< Improvements
installed at the expense of Applicant/Developer in accordanc<
with District Standards and Specifications. All material and
workmanship for water mains and appurtenances thereto mus
conform with all of the requirements of the officially adopte(
Water Code of the District and shall be subject to fiel(
insnection bv the District.
71. The applicant shall coordinate with the District and Alamed¡ DSRSD Approval of IDSRSD
County Fire Department on required fire flows. Improvement
Plans
BUILDING AND SAFETY
72. Building Permits. To apply for building permits, thf B,PL, Prior to issuance B, PL. PW
Applicant shall submit eight (8) sets of full construction plan PW of building
for plan check. Each set of plans shall have attached am permits
annotated copy of these Conditions of Approval. Thf
notations shall clearly indicate how all Conditions of Approval
will be complied with. Construction plans will not be accepted
without the annotated conditions attached to each set of plans
The Applicant/Developer will be responsiblc for complianc<
with all Conditions of Approval specified and obtaining th¡
approvals of all participating non-City agencies prior to th¡
issuance of building: or grading permits.
73. Construction plans. Construction plans shali be full) B,PL, Prior to issuance IB, PL, PW
dimensioned (including building elevations) accurately drawr PW of building
(depicting all existing and proposed conditions on site), ane permits
prepared and signed by a California licensed Architect 0
Engineer. The site pian, landscape plan and details shall b(
consistent with each other.
74. Postal authorities. The developer shall confer with the loca PL Prior to issuance ~5'
postal authorities to determine the type of mail receptacle of Building
e necessary and provide a letter stating their satisfaction with thE Permit 85-035
type of mail service to be provided. Specific locations for sud
units shall be to the satisfaction of the Postal Service.
75. Air Conditioning Units. Air conditioning units and B,PL Prior to Í!3,PL
17
ventilation ducts shall be screened from public view wi
materials compatible to the main building and shall not b
roof-mounted. Units shall be pennanently installed on concret
pads or other non-movable materials to be approved by th
Building Official and the Director of Communi
Development. Air conditioning units shall be located such tha
each dwelling unit has one side yard with an unobstructe
width of not less than 36 inches. Air conditioning units shall b
located in accordance with the PD text.
76. Engineer Observation. The Engineer of record shall b
retained to provide observation services for all components 0
the lateral and vertical design of the building, inc\udin
nailing, holdowns, straps, shear, roof diaphragm and structur
frame of building. Engineer shall certify elevations abov
grade of floors and roof framing. A written report shall b
subruitted to the City Inspector prior to scheduling the fina
frame ins ection.
HERITAG$ TREES
77. Heritage Tree Protection Plan. The AppIicantlDeveloper
shall comply with the requirements of the Heritage Tree
Protection Plan prepared by Hortscience in February 2001
for the Black Mountain Development project (PA 00-009),
on file in the Department of Community Development.
NO.
78.
79.
80.
81.
82.
COtl/:DITION TEXT
RESPOIII.
AGENCYI
DEPART.
B,PL
PL
Heritage Tree Protection Zone. The Heritage Tree PL
Protection Zone shall completely surround those trees to the
satisfaction of the City's arborist. Subject to the provisions
of Condition 105 below, a fence shall completely surround
and define the Heritage Tree Protection zone to the
satisfaction of the City's arborist prior to grubbing, grading
and construction. Fences shall be 6 feet tall chain link or
equivalent as approved by the consulting arborist. Fences
are to remain until all adin and construction is com leted.
No underground services. No underground services PL
including utilities, sub-drains, water or sewer lines shall be
placed in the Heritage Tree Protection Zone.
Tree Preservation Notes. Tree Preservation Notes, PL
prepared by the consulting arborist, shall be included On all
construction plans.
Irrigation systems. Irrigation systems must be designed so PL
that no trenching will occur within the Heritage Tree
Protection Zone.
Damage by Other Improvements. No landscape PL
improvements such as lighting, pavement, drainage or
planting may occur which may negatively affect the health
or structural stability ofthe trees.
18
I<~:· '1"'\ (Dc,¡.
U "t) \
WHEN
REQUIRED
Prior to:
Occupancy of
Unit
SOURCE
Prior to Final
Frame Inspectio
and Ongoing
,PL
Ongoing
Prior to issuance
of Grading
Pennitand
Through
Construction
Ongoing
Prior to issuance
of Building
Pennit
of BuiJding
Pennit
Ongoing
\'1 C"'v liS't
NO. CONDITION TEXT RE~PClN. WH.BN SOURCE
AGENCYI REQUIRED
4þ-3. DEPART, Prior to:
Expansive Soils. Foundations, footings and pavement on PL Prior to issuance PL
expansive soils near the Heritage Trees should be designed of Building
to withstand differential displacement due to expansion and Pennit
shrinkimr ofthe soil.
84. Pruning. All pruning, including after completion of PL On-going PD
construction, shall be completed by a Certified Arborist arid 5-035,
Tree Worker in the presence of Citv designated personnel Heritage
and be ill conformance with the guidelines of the Tree
Intemational Society of Arboriculture, Tree Pruning )rdinance
Guidelines, current edition, on file in the Community
Development Department. In addition, pruning shall be in
conformity with the provisions of the Pruning Specifications
of the Heritage Tree Protection Plan for this proj eet.
Pruning shall not be allowed for the purposes of modifying
the drip line of anv Herital!e Tree.
85. Pre-GradinglPre-Construction Meeting. Prior to work, the PL Prior to issuance PL
contractor must meet with the Applicant's and the City's of Building
consulting arborist at the site to review all work procedures, Permit
access routes storal!e areas and tree protection measures.
86. No Dumping or Storage. No excess soil, chemicals, debris, PL Prior to issuance PD
equipment or other materials shall be dumped or storcd of Grading 5-035,
within the Tree Protection Zone. Spoil from trench, footing, Permit Heritage
utility or other excavation shall not be placed within Heritage Tree
Tree Protection Zone. )rdinance
.7. Damage during Construction. If damage should occur to PL Ongoing D
any tree during construction it shall be immediately reportcd ~5-035,
to the Director of Community Development so that proper ~Ieritage
treatment may be administered. The Director will refer to a ~ree
City selected Arborist to determine the appropriate method Ordinance
of repair of any damage. The cost of any treatment or repair
shall be borne by the developer/applicant responsible for the
development of the project. Failure to do so may result in
the iSSllance of a stOD work order.
88. Aerial Inspection. While in the tree, the arborist shaH PL Ongoing PL
perform an aerial inspection to identify defects that require
treatment. Any additional work needed shaH be reported to
the proiect Arborist.
89. Climbing of Trees. Trees shall not be c1imbed with spurs. PL Ongoing !PO
Thinning cuts are to be employed rather than heading cuts. 85-035,
Trees shaH not be topped or headed back. Heritage
rrec Ord.
90. Parking of Equipment. Vehicles and heavy equipment shall PL Ongoing PD
not be parked beneath the trees. If access by equipment is 85-035,
required to accomplish the specified pruning, the soil surface Heritage
shall be ·protected with 6 inches to 8 inches of wood chips Tree
before placing eouipmént or vehicles. Ordinance
91. Servicing and Fueling of Vehicles. Equipment shall be . PL Ongoing PL
servi ced and fueled outside the tree canopy to avoid
acci dental spills in the root area.
_2. Observation by Certified Arborist. The City's Consulting PL Ongoing PD
arborist shall be present on the project site during grading or 85-035,
other construction activity that may impact the health of the Heritage
Heritage Trees in this orol ect. Tree Ord.
19
NO.
93.
94.
95.
96.
97.
98.
99.
100.
CONDITIQN TEXT
RE$PQN.
AGENCYI
DEPART.
PL
Guide to Maintenance for Native Oaks. The applicant's
arborist shall prepare a Guide to Maintenance for Native
Oaks that describes the care needed to maintain tree health
and structural stability including prumng, fertilization,
mulching and pest management as may be required. In
addition, the Guide shall address monitoring both tree health
and structural stability of trees. As trees age, the likelihood
of failure of branches or entire trees increases. Therefore,
armual inspection for hazard potential should be addressed in
the Guide. A copy of this Guide shall be provided to the
homeowner.
Bond or Security Deposit. Theapplicantldeveloper shaH PL
guarantee the protection of the Heritage Trees on the project
site through placement of a cash bond or other security
deposit in the amount equal to the valuation of the trees as
determined by the Director of Community Development.
The cash bond or other security shaH be retained for a
reasonable period of time following the occupancy of the
residence, not to exceed one year. The cash bond or security
IS to be released upon satisfaction of the Director of
Community Development that the Heritage Trees have not
been damaged or endangered by construction activities. The
cash bond or security deposit shall be forfeited toward
payment of the e;ivil penalty for damages, pursuant to
Section 5.60.120 for any removal or destruction of a
Herita e Tree.
Public Utilities in Vicinity of Heritage Tree. Any public PL
utility installing or maintaining any overhead wires or
underground pipes or conduits in the vicinity of a Heritage
Tree in this project shaH obtain permission from the Director
of Community Development before performing any work
which ma cause in - ur to the Herita e Tree.
No Heritage Tree on the project site shall be removed. No PL
Heritage Tree on the project .site shall be removed unless its
condition presents an immediate hazard to life or property.
Such Heritage Tree shall be removed only with the approva]
of the Director of Community Development, City Engineer,
Police Chief Fire Chi ef or their desi ee.
All Oak trees are Heritage Trees. All Oak trees on the PL
proj ect site addressed by the Heritage Tree Protection Plan
are designated as Heritage Trees by this Site Development
Review and shall he protected by the provisions of the
Herita e Tree Ordinance ursuant to Section 5.60.40.2.
Heritage Tree Ordinance. All work shall comply with City PW, PL
of Dublin Herita e Tree Ordinance.
Disclosure Upon Future Sale. The Applicant/Developer PL
shall disclose upon any future sale of the property the
following information and current regulations: th.e location
of all Heritage Trees on the property; the provisions of the
Heritage Tree Ordinance; and the provisions of the Guide to
Maintenance for Native Oaks, re uired above.
Arborist Review of Site Plan and Drainage. The project PL
arborist shal1 review and a rove the site Ian.
20
WHEN
REQUIRED
Prior to:
Prior to
occupancy
Prior to
issuance of
Building
Pennit and
Ongoing for
up to one-year
beyond
occupancy
Ongoing
Ongoing
Ongoing
Ongoing
On-going
On-going
~o a:o to 'f.
D
5-035,
eritage
ree
rdinance
L
L
Staking and Staking Plan. After the Tree Protection Zone
has been established and the site has been cleared and graded,
the dimensions of the home, projecrions and deck shall be
staked. The stakes shall be reviewed and approved by the
Community Development Director or his designee prior to
issuance of building permit. The Applicant/Developer shall
request an inspection of the staking from the Community
Development Director or his designee. The
Applicant/Developer shall submit a staking plan and a letter
prepared by a licensed surveyor, verifying that the stakes on
the property accurately represent the staking plan to the
Community Development Director or his designee for review
and approval no fewer than three (3) days prior to the
inspection. Staking shall include each corner ofthe dwelling
to accurately define the footprint of the building with all
projections, including decks. The staking shall also include
foundation staking points in a contrasting color which shal1
remain in place while foundation work is under construction
and shall be removed only after the foundation inspection has
been approved and the foundation has been poured. An
inspection from the Community Development Director or his
desi ee is re uired rior to removal of the foundation stakes.
Encroachment of Drip Lines. No structure shall encroach
to within 5 feet of the drip line of a Fire Resistive Heritage
Tree.
NO.
CONDITION TEXT
01.
02.
RESPO/il.
AGENCYI
DEPART.
PL
PL
PASSED, APPROVED and ADOPTED this 5th day of April, 2005.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
G:rA#12004/04~056/cc re-so sdr.doç
e
?< I~ l<ó)'1
WHEN
REQUIRED
Prior to:
Prior to
issuance of
Building
Permit and
on-going
~OURCE
L
Prior to
issuance of
Bldg. Permit
Mayor ofthe City of DubJin
21
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Written Statement
We are requesting to build a new residential home at 11299 Rolling Hills Dr. This
is a new single family home with 2 stories and a basement The home has 5
bedrooms and 3 bathrooms.
A plan submitted by the prior owner of this lot has already been approved by the
City of Dublin Planning earlier this year. We have made some minor
modifications to the prior approved plan. The overall footprint otthe building is
still the same. However, per the recommendation of the city, it is being moved
away from the drip-line of the Heritage Oak trees that are present on the north.
side of the property.
Mohammed Halim
RECEIVI!D
OCT 2 9 2004
ATTACHMENT:¿ mmt"IMPlA~
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Heritage Tree Protection Plan
, Brittany Drive Estates, Tract 5073 ·
Dublin, CA.
PREPARED FOR:
Black: Mountain DevelOpment '.
12 Crow Canyon Ct., Suite 207
. Sari Ramon CA 94583
e
PREPARED BY:
HortScience, 'Inc. .
4125 Mohr Ave., Suite F
. Plea-sarnon CA 94566
February 2001
[ffi ~~~ßz~ED .
OITY OF DUBLIN
BUILDING INSPECTIONDEPT.
A1TACHMeNT .3
e
e
e
3 lqy;) '1
':
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Heritage Tree Protection Plan
Brittany Drive Estates, Tract 5073
Dublin, CA
Table of Contents
Page
Introduction and Overview 2
Survey Methods 2
Description of Trees 3
Suitability for Preservation 4
Evaluation of Impacts and Recommendations for Preservation 6
Tree Preservation Guidelines 7
List of Tables and Exhibits
Table 1. Condition ratings and frequency of occurrence for trees 3
Table 2. Suitability for Preservation 5
Attachments
Tree Survey Mep
Tree Protection Fencing Plan
Tree Survey Form
-:¿.~I &\.., (1) i..f
"""'''1)
Heritage Tree ProtB< :Plan. Brittany Drive. T. 4073, DUblin
February 12, 2001
HortScience, Inc.
Page 2
Introduction and Overview
Black Mountain Development is proposing to develop six lots located on Brittany Drive
and one lot on Rolling HiUs Dr. in Dublin, CA. The project encompasses portions on the
native oak woodland. The Tentative Tract map was approved by the City Council of
Dublin in 1985 In Resolution No. 82-85. That document requiree preparation of a
hortioultural raport ~ projeot grading is performed within 25 feet of the dripllne Of trees,
Sinoe that time a Heritage Trae Ordinance (No. 29-99) has been enacted that requires
preparation of a Heritage Tree Protection Plan. HortScience. Ino was asked to prepare
that report. This report provides the following information:
e
1. A survey of trees within the project boundaries.
2. An asssssment of the impacts of constructing the proposed project on the trees.
3. QUldeline" for tree preservation and protection during the design, construction
and maintenance phMas of development.
Survey Methods
Trees were surveyed in July 2000. The survey Included trees greatllr than S" in diameter,
located within the project boundaries. The survey procedure oon$l&ted of the following
steps:
1 . Identifying the tree a& to species:
2. Tagging each tree with an identifying number;
e
3. Measuring the trunk diameter at a point 54" above grade.
4. Evaluating the health and structural stability u&ing a scale of t -5;
5 _ A healthy, vigorous tree, reasonably tree of signs and symptoms of
disease. w~h good structure and form typical of the species.
4 _ Tree with slight decline in vigor, small amount of twig dieb!!ck, minor
structural defaots that oould be corrected.
3. Tree with moderate vigor, moderate twig and small branch dleback,
thinning of crown, poor laaf color. moderate structural defacts that
might be mitigated with reguler care.
2. Tree in decline, epicormic growth, extanslve dieback of medium tc large
branches, signìficant structural defects that cannot be abated.
1- Tree in severe decline. dieback of scaffold branches and/or trunk; most
of foliage lrom epicormic:s: extensive structural defects that cannot be
abated.
0- Dead tree.
.
Heritage Tree PrOle' jPlen, Brittany Drive, T_ 407S. Dublin
February '2. 2001
~,3~ID"¡-
Hort5clence, Inc.
Page. 3
·
5. Rating the su~abillty for preservation as "good", "fair" or "pocr". Sul1ability for
preservation considers the health, age and structural condition of the tree,
and its potential to remain an assai to the site for years to come.
Good: Trees with good health and structural stability that have the
potential for longevity at the site.
Fair. Trees with somewhat declining health and/or structural defects
than can be abated with treatment. The tree will require more
intense ma!'l8.gement and monitoring, and may have shorter life
span than those in 'good' category.
Pcor; Tree in poor hðSl1h or with significant structural defects that
ce.nnot be mitigated. Tree is expected to continue to decline,
regardless of treatment. The species or individual may have
charactaristics that are undesirable for landscapes, and genarally
are unsuited for use areas.
6. Recording the tree's location on a map.
Description of Trees
Twenty (20) trees were evaluated. Descriptions of each treø are found In the Tree
Survey (sea Attachments). A summary is provided in Table 1. Tree locations are shown
by tag number on the Troe Survey Msp (see Attachmanls).
·
The trees on the subjact proparty are a portion of II small woodland associat"d w~h II
drainag" course south of Brittany Dr. Two oak ¡;pecies were present on the south-facing
slope; the everg reen coast live oak. whioh comprised 20"k of the population and the
daciduous valley oak with 80% of the population (Table 1). Two of the oaks were on a
west-facing slope off Rolling Hills Dr.
As is normai for native oak woodlands, a range of tre" ccndition was present, from
excellenl 10 poor. Tree condition rsnged from excellent to poor. although most (80%)
were in Ihe good to fair category. Most were iarge, mature individuals. Tree size rangad
from 14' to 51' diameter single-trunked traes. Average trvnk diameter was 28'. There
were six multiple-trunked trees with individual trunks ranging in size frcm 6" to 40'.
Table 1: Condition ratings and frequency of oocurrenCfl of trees at T. 5073
Common Name ScientifIc Name Condition FlatlnR No. of
Good Fair Poor Trees
(4·5) (3) (H)
Coast live oak Querc;u$ Bgrifolia 1 1 2 4(20%)
Valley oak QuercU$ lobata 7 7 2 16 (BO%)
Total 8 8 4 20
40"/0 40% 20% '00%
·
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Heritage Trail Protec !Plan. Brittany Drive, T. 407$. Dublin
February 12, 2001
HortSclence, Inc.
Page 4
Heritage T....'
City of Dublin Ordinance No. 29-99 identifies "Heritage Trees' as being any of 1he
following:
1. Any oak, bay, cypress, maple, redwood, buckeye and sycamore tree having a
trunk of 24" or more in diameter measured 4.5' above naturel glllde.
2. A tree required to be preserved as part of an approved development pian, zoning
permit, use permit. site development review or subdivision map.
$. A tree required to be planted as a replacement for an unlawfully removed tree.
By definition #1,13 trees are Heritage. However. because the projeot was approved with
the trees at the Tentative Tract Map stage, ell trees are now designated as Heritage by
definition #2.
Suitability for Preservation
Before evaluatin¡;¡ the impaats that will occur during development, It is important to
consider the c¡uality of the tree resource Itself, and the pOtential for indMdual tr¡¡es to
function wall over an extended length of time. Trees that ara preserved on development
sites must be carefully selacted to make sure that they may survive development impaots.
adapt to a new environment and parform well in the landscape.
Our goel is to Identify trees that have the potential for long-term health, structural stability
and longevity. For trees growing in open fields; away from area¡;wh~ore people and
property are present. structurel defects andlor poor health presents a low risk of damage
or injury If they fail. However. wê must be concemad about safety In usa araas.
Therefore. where development encroaches into existing plantlngs, we must consider the
potential for trees to grow and thrive In a new environment as well as their structural
stability. Where development will not occur, the normelllfe cycles of decline, structural
failure and death should be allowed to continue_
Evaluation of suitability tor praservation considers several tactors:
· Tree health
Healthy, vigorous trees are better able to tolerate Impacts such as root injury.
demolition of existing structures, changes in soli grade and moisture, and soil
compaction than are non-vigorous trees.
.. Structur"llntegrlty
Trees with significant amounts of wood decay and othar structural defects that
cannot be corrected are likely to fail. Such trees should not be preserved in areas
where damage to peopia or property is likely.
· Species Il'$ponse
There is a wide variation in the rêSponse of individual species to construction
impacts and chenges in the environment. Coast live oak has good construction.
while valley oak has moderate tolerance to impaats.
· Tree age and longevity
Old trees, while having significant emotional and aesthetic appeal, have limited
physiological capacity to adjust to an altered environment. Young treas are better
able to generate new tissue and respond to change.
~'Y"(1)~ ID'f
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Heritage Tree ProteclPlan, Brittany Drive, T. 4073. DUblin
February 12, 2001
HortSclence, Inc.
Page 5
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Each tree was rated for suitability for preservation based upon lis age. health, structural
condliion and ability to safely coexist wlihin a d8llelopmant environment (see T,... Surv.y
Form). A summary is provided in Table 2.
TrIble 2: Suitability for Pre.ervatlon of Trees in Tract 5073.
Good These are trees with good heaith and structural stability that have the
potential for iongevlty at the site. Eight (8) traes were rated as having
good suItability for preservation.
Tree No. Speçies Plameter
(in.)
335 Valiey oak 27, 23. 23
337 Valleycak 25.16
340 Coast IlIIe oak 40, 26
346 Valley oak 31
350 Valley oak 31
352 Valiey oak 28
353 Valley oak 19.18,15,13
354 Valiey oak 31
Moderate
Treas in this catøgory heve lair healih and/or structural delects that
may be abated with tr"atment. Trees in this category require morø
intense management and monlioring, and may hllv", shorter IIfe-
spans than those in the 'good" oategory. Eight (8) trees wara rated
as having moderate suliabllity for preservation.
Tree No. SpocJaB Diameter
(in.)
29
4t
14,13,12,11.6
33
25
17
61
17,13
338
342
343
344
347
348
349
351
Valley oak
Coast live oak
Valley oak
Valley oak
Valley oak
Valley oak
Valley oak
Valley oak
e
Low
Trees In this category are In poor hea~h or have significant defe~ in
struoture thet cannot be abated with treatment. These trees osn be
expected to decline regardless 01 management. The species or
Individual tree may possess either characteris,lIœ that are
undesirable in landscape settings or be unsuited for use arl'as. Four
(4) trees wl're rated as having low suliabillty for presarvatlon.
Tree No. Specie. Plameter
(in.)
2D
22
15
14
336
339
341
345
Valley oak
Coast live oak
Coast live oak
Valley oak
.
3L¿¡ % ,~ t
Hertlage Tree Protec)Plan, Brtttany Drive. T. 4073, DUblin
Febn.¡ary 12, 2001
HortScianca, Inc.
PaQe 6
We oonslder tre$ with good suitability for preservation to be the best c:andldates for
preservation. We do nct recommend retention of trees with low suitability for preservation
in areas where people or structures will be present. Retention of trees with moderate
suitability tor preservation depends upon the intensity of proposed site ohanges.
Evaluation of Impacts and Aecommendations for Preservation
Appropriate tree retention develops a practical match between the location and intensity
of construction activities and the quality and health of treas. The Tme Survey Form was
the reference point lor tree condition and quality. Potential impacts from construction
were evaluated using the CompolOite Site F'lan (June 2000) and house layouts for Icts 1. 8
and 9 prepared by EDI Architecture, Inc. (received Feb. 12. 2001).
Potential impaots from construction were assessed for each tree. The project has been
deeigned to retain all trees. Normally we would not recommend retention of trees in poor
condition. However, because this is a native stand of oaks and the trees in poor condition
are downslope from the home areas, they can be retained.
Only trees along the norlh canopy edge will ba impacted by construction. These include
treas #335, 342, 340. 341, 345, 346 and 353. COI'1&truction will occur a minimum of 5'
outside the driplines of all trees. Roots of oaks typically eXland for a long distance beyond
the dripline. Construction of the homas on lots 1, 7, 8 and 9 will encroach Into the root
area. However, we oonsider the enoroachment to be within the tolerance lavel of the
adjacent trees. We expect no ob$ervable reduction In plant growth or health from the
oonslruction. RII piaced outside the driplines yasrn ago when Brittany Drive was
constructed has had no obsarvable effect. No impscts to the traes will occur downslope
from the trunks. A TREE F'RO'I"EOTlON ;¡:ONE at the dripline5 of treas shall be estabii&hed.
The Wildfire ManagElment Plan contains several requiraments that affect managemant 01
the trees:
· Pruning is raquired to, "thin fo/lags. remove dead wood. raise tha fo/iaglJ one-foot
above th.. ground, /ilnd sepsrat.. the crowns af the lraes." Implementation of
these requiramants 1'1111 be directed by the Fire Marshall, project arbcrist and
City's arborist. It Is unclear at this time how much pruning will be required to
separate crowns of the trees because they exist in small groves of continuous
canopy. Specifications for pruning will be provided following on-lilte consultation
with the Fire Marshall.
· "Ground under the Fire Rm;istive Heritage Tress shall be kept free of weeds and
dead wood: Wead controls must be applied In a manner that will not harm trees.
Pre-emergent herbicides and tilling are not acceptable methods of weed control.
Post"emergent harbicides and hand-pulling weeds are allowable.
· "An irrigated fuel break/greenbelt shall be Installed surrounding the Fire Resistive
Heritage 7rl!les.' The ilTigated area must ·be designed to protect the native trees
from excessive water and exclude trenching to lostall irri¡;¡atioo lines withio the
TREE PROTECT'ON ;¡:ONE.
The rock outcropping on lot 9 will be removed to construct the home.· To eliminate
potential damage to trees on that lot we recommend retaining any rocks in place within
30' of the trunks.
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31~D IC<{
Heritage Tree Prote<- ! Plan, Brittany Drive, T. 4073, Dublin
February 12., 2.001
HorlScience, InG.
Page 7
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Tree Preservation Guidelines
The goal of tree preservation is not merely tree survival during development but
maintenance of tree health and beauty for many yea.rs. Trees retained on sites that are
either subject to extensive injury during coostruct1on or are inadequately maintained
become a liability rather than en ass&!. The respönse of individual trees will depend on
the amount of excavation and grading, the care wtth which demolition is undertaken. and
the construction methods. Coordinating any oonstruc'tlon activity Inside the Tree
Protection Zone can minimize thesB impacts.
The following recommendations will help reduce impacts to trees from development and
maintain and improve their health and vkality through the clearing, grading and
construction phases.
Design recommendations
1. A TAeE PRoTeCTIoN ZONE shall be established at the driplinB 01 all trees. No
grading, axcavatlon, construction or storage 01 materials shan occur within that
zone.
2..
3.
. 4.
5.
6.
All site development plans shall be reviewed by the Project ArbDrist for evaluation
at impacts to trees and recommendations lor mitigation.
Retain ths rock outcropping within 30' 01 trees #335 and 342.
No underground services including utilities, sub-draÎns, weter or sewer shall be
placed in the TREE PROTECTION ZONE.
Tree Pna8ltrvetlon Notes. prepared by the Oonsulting Arborist, should be
included on all construotion plans.
Irrigation systems must be designed so that no trenching will occur within the
TREe PROTECTION ZONE. Suriece water lrom irrigetion runoff must be direct&d
away from oak trunks.
7. No landsoape improvements such as lighting, pavement, drainage or planting
mey occur within the TREE PROTECTlOI'I ZONE that mey negatively allect the health
or structural stability of the trees.
B. As trees withdraw water from the soil, expansive soils may shrink within the root
area. Therefore, foundations, footings and pavements on expansive soils near
trees shoUld be designed to withstand differential dlsplaoement."
Pre-construction treatments and racommendallons
1. Prune trees to be preserved to clean the crown and to provide l' clearance as
required by the Wildfire Management Plan, and to clear the crown. All pruning
shall be completed by a Certified Arborlst or Tree Worker and adhere to the Tree
Pruning Guidelines of the International Society of Arboriculture. Specifications lor
pruning shall be provida.d alter consultetlon with the Fire Marshall. Brush shall be
chipped and spread beneath the trees within the TREE PROrEOTION ZONE.
.
2.. Fence all trees to be retelned to completely enclose the TReE PROTECTION ZONE
at the driplines as depicted on the Protection Fencing Plan (see Attachments). It
"
Hort$cience, Inc.
Pege a
Heritage Tree Pratec, /Plan, Brittany Drive, T. 4073, Dublin
February 12. 2001
is not necessary to fence trees on the downhill side, away from all construction.
Fences shall be e ft. chain link or equivalent as approved by consulting arboriet.
Fences are to remain until all grading and construction is completed.
Recommendation, for tree protection during constrvctlon
1. Prior to beginning worl<, the contractor is required to meet with the consultant at
the site to review all work procedures. access routes, storage areas and tree
protection measures.
2. No grading. construction, demolition or other work shall occur within the TREE
PROTECTION ZONe. Any modifications must be approved by the City cf DubUn and
monitored by the Consulting Arborist.
3. Spoil from trenoh, footing. utiiity or other excavation shall not be pia oed within the
TReE PROTeCTION ZONE, neither temporarily nor permanently,
4. If Injury should occur to any tree during construction, It should be evaluated as
soon as possible by the COnsulting Arborist so that appropriate treatments can be
. applied.
5. No aXCêS& soli, chemicals, debris, equipment or other materials shall be dumped
or stored within the TReE PROTECTION ZONE.
6. No trea pruning may be performed by construction peroonnel.
Maintenance of impacted tree.
Native oaks in prOJ<imity to homes require regular maintenance. It is recl;>mmended that
the future homel;>wners be provided with e Guide tl;> Maintenance for Netive Oaks that
describes the care naeded tl;> maintain tree health and structl.lral stability. Occasionel
pruning. fertilization, mulch. and pest management may be required. In addltlcn,
provisions for monitoring both tree health and structural stability must be made a priority.
Aa trees age, the likelihood of failure of branches or entire trees Increases. Therefore,
annl.lal inspection for he.zard potential Is reoommended.
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Chapter 5.60
HERITAGE TREES
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Sections:
5.60.010 Title.
5.60.020 Purpose and intent.
5.60.030 Applicability.
5.60.040 Definitions.
5.60.050 Tree removal permit required.
5.60.060 Tree removal permit procedure.
5.60.070 Appeals.
5.60.080 Protection of heritage trees during construction.
5.60_090 Protection plan required prior to issuance of permit.
5.60.100 Applicant to guarantee protection-Security deposit.
5.60.110 Public utilities.
5.60.120 Violation-Penalty.
5.60.010 Title.
This chapter shall be known as "the Heritage Tree Ordinance."
(Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
5.60.020 Purpose and intent.
This chapter is adopted because the city has many heritage
trees, the preservation of which is beneficial to the health and
welfare of the citizens of this city in order to enhance the scenic
beauty, increase property values, encourage quality development.
prevent soil erosion, protect against flood hazards and the risk of
landslides, counteract pollution in the air, and maintain the climatic
balance within the city. For these reasons the city finds it is in the
public interest. convenience, necessity and welfare to establish
regulations controlling the removal of and the preservation of
heritage trees within the city. In establishing these regulations. it is
the city's intent to preserve as many heritage trees as possible
consistent with the reasonable use and enjoyment of private
property. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
5.60.030 Applicability.
This chapter applies to all property within the city of Dublin.
including private property, residential and nonresidential zones,
developed and undeveloped land. (Ord. 5-02 § 2 (part): Ord. 29-99
§ 1 (part))
e
5.60.040 Definitions.
The following words and phrases, whenever used in this chapter,
shall be as construed as defined in this section:
tit
ATTACHMENT 1-
e
"Certified or consulting arborist" means an arborist who is
registered with the International Society of Arboriculture and
approved by the Director.
"City" means the city of Dublin.
"Development" means any improvement of real property which
requires the approval of zoning, subdivision, conditional use
permits or site development review permits.
"Director' means the Community Development Director or his or
her designee.
"Drip line" means a line drawn on the ground around a tree
directly under its outermost branch tips and which identifies that
location where rainwater tends to drop from the tree.
"Effectively remove" includes, but is not limited to, any extreme
pruning that is not consistent with standards arboriculture practices
for a healthy heritage tree and that results in the tree's permanent
disfigurement, destruction, or removal ordered by the city pursuant
to Section 5.60.050(8)(2).
"Heritage tree" means any of the following:
1. Any oak, bay, cypress, maple. redwood. buckeye and
sycamore tree having a trunk or main stem of twenty-four (24)
inches or more in diameter measured at four (4) feet six (6) inches
above natural grade:
2. A tree required to be preserved as part of an approved
development plan, zoning permit, use permit, site development
review or subdivision map;
3. A tree required to be planted as a replacement for an
unlawfully removed tree.
"Protect" means the protection of an existing tree from damage
and stress such that the tree is likely to survive and continue to
grow normally in a healthy condition, through measures that avoid
or minimize damage to branches, canopy, trunk and roots of the
tree. Such measures may include, but are not limited to, installation
of tree protective fencing, mulching and watering of roots,
supervision of work by an arborist, installation of aeration or
drainage systems, root. pruning, and use of nondestructive
excavation techniques.
"Remove" or "removal" means cutting a tree to the ground,
extraction of a tree, or killing of a tree by spraying, girdling, or any
other means. (Orc!. 5-02 § 2 (part): Ord. 29·99 § 1 (part))
e
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5.60.050 Tree removal permit required.
A. No parson may remove, cause to be removed. or effectively
remove any heritage tree from any property within the city of Dublin
without obtaining a permit from the Director.
S. Exceptions. A permit is not required for the following:
2
1~'Dl,/)"¡'
1. Removal of a heritage tree that presents an immediate hazard
to life or property, with the approval of the Director, City Engineer,
Police Chief, Fire Chief or their designee;
2. Removal that is specifically approved as part of a city-
approved planned development development plan, conditional use
permit, site development review, or subdivision map;
3. Pruning of heritage trees that conforms with the guidelines of
the International Society of Arboriculture, Tree Pruning Guidelines,
current edition, on file in the Community Development Department.
C. Tree removal requested as part of the development of a
property subject to zoning, subdivision, condltiona) use permit, or
site development review application approval shall be reviewed and
approved by the body having final authority over the entitlement
application. (Ord. 5-02 § 2 (part): Ord. 29·99 § 1 (part»
5.60.060 Tree removal permit procedure.
A. Any person wishing to remove one or more heritage trees
shall apply to the Director for a permit. The application for a permit
shall be made on forms provided by the Community Development
Department and shall Include the following:
1. A drawing showing all existing trees and the location, type and
size of all tree(s) proposed to be removed;
2. A brief statement of the reason for removal;
3. If the tree or trees are proposed for removal because of their
condition, a certified arborist's determination of the state of health
of the heritage trees may be required;
4. Written consent of the owner of record of the land on which
the tree(s) are proposed to be removed;
5. A tree removal permit fee of twenty-five dollars ($25) to cover
the cost of permit administration. An additional deposit may be
required by the Director to retain a certmed arborist to assist the city
in assessing the condition of the trees;
6. Other pertinent information as required by the Director.
B. Tree removal requested in =njunction with an application for·
any development entitlements shall provide to the Community
Development Department a landscaping plan specifying the precise
location, size. species and drip-line of all existing trees on or in the
vicinity of the property. The landscape plan shall also show existing
and proposed grades and the location of proposed and existing
structures.
C. The Director shall inspect the property and evaluate each
application. In deciding whether to issue a permit. the Director shall
base the decision on the following criteria:
1. The condition of the tree or trees with respect to health,
imminent danger of falling, proximity to existing or proposed
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structures and interference with utility services or public works
projects;
2. The necessity to remove the tree or trees for reasonable
development of the property;
3. The topography of the land and the effect of the removal of
the tree on erosion, soil retention and diversion or increased flow of
stream waters;
4. The number of trees existing in the neighborhood and the
effect the removal would have upon shade, privacy impact. scenic
beauty and the general welfare of the city as a whole.
D. The Director shall render a decision regarding the permit
within ten (10) working days after the receipt of a complete
application.
E. If an application to remove a heritage tree is being requested
in conjunction with a development entitlement. then the decision on
the tree removal permit shall be rendered simultaneously with the
decision on. the development entitlement and shall be made by the
body having final authority over the entitlement application. In
deciding whether to approve a tree removal permit under this
subsection, the reviewing body shall consider the criteria set forth in
subsection C of this section.
F. The Director may refer any application to any city department
for review and recommendation.
G. The Director or the reviewing body having final authority over
the development may grant or deny the application or grant the
application with conditions, including the condition that one (1) or
more replacement trees be planted of a designated species, size
and location. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
5.60.070 Appeals.
A. Any decision of the Director, pursuant to this chapter, may be
appealed to the City Council. Appeals shall be in writing, shall be
signed by the applicant, shall state the reasons the appeal Is made,
and be filed with the City Clerk within fourteen (14) days of written
notification of the decision by the Director. Any appeal shall be
accompanied by an appeal fee in the amount established by
resolution of the City Council.
B. The City Cierk shall place all such appeals on the agenda of
the next regular Council meeting and shall give the appeliant at
least five (5) calendar days' notice of the time and place of said
hearing. Appeals shall be conducted in accordance with the
procedures set forth in Section 1.04.050 of this code. The decision
of the City Council shall be final. (Ord. 5-02 § 2 (part): Ord. 29-99
§ 1 (part))
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5.60.080 Protection of heritage trees during construction.
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All applicants for demolition, grading, or building permits on
property containing one or more heritage trees shall prepare a tree
protection plan pursuant to Section 5.60.090. (Ord. 5-02 § 2 (part):
Ord. 29-99 § 1 (part))
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5.60.090 Protection plan required prior to issuance of permit.
A. A plan to protect heritage trees as described in Section
5.60.080 of this chapter shall be submitted to the Director prior to
the issuance of demolition, grading or building permits. The plan
shall ensure that the tree, including its root system, is adequately
protected from potential harm during demolition, grading and
construction that could cause damage to the heritage tree.. Such
harm may include excavation and trenching, construction and
chemical materials storage, stormwater runoff and erosion, and soil
compaction. The plan shall be prepared and signed by a certified
arborist and approved by the Director. The Director may refer the
plan to a city-selected arborist for review and recommendation. The
cost of this review shall be borne by the developer/applicant
requesting said permit.
B. The Director may require that a certified arborist be present
on the project site during grading or other construction activity that
may impact the health of the tree(s) to be preserved.
C. Damage to any tree during construction shall be immediately
reported to the Director so that proper treatment may be
administered. The Director may refer to a city-selected arborist to
determine the appropriate method of repair for any damage. The
cost of any treatment or repair shall be borne by the
developer/applicant responsible for the development of the project.
Failure to notify the Director may result in the Issuance of a stop
work order.
D. The Director may waive the requirement for a tree protection
plan if he or she determines that the grading or construction activity
is minor in nature and that the proposed activity will not signif1cantly
modify the ground area within or immediately surrounding the drip-
line of the tree(s). (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
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5.60.100 Applicant to guarantee protection'-Security deposit.
A. The applicant shall guarantee the protection of the existing
tree(s) on the site not approved for removal through placement of a
cash bond or other security deposit in the amount based upon the
valuation of the trees acceptable to the Director. The Director may
refer to a city-seiected arborist to estimate the value of the tree(s) in
accordance with industry standards.
B. The cash bond or other security shall be retained for a
reasonable period of time following the acceptance of the public
improvements for the development, not to exceed one (1) year. The
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cash bond or security is to be released upon the satisfaction of the
Director that the tree(s) to be preserved have not been
endangered. The cash bond or security deposit shall be forfeited as
a civil penalty for any unauthorized removal or destruction of a
heritage tree. (Ord. 5·02 § 2 (part): Ord. 29-99 § 1 (part))
5,60.110 Public utilities.
Any public utility installing or maintaining any overhead wires or
underground pipes or conduits in the vicinity of a heritage tree shall
obtain permission from the Director before performing any work
which may cause injury to the heritage tree. The Director shall
provide all water, sewer, electrical and gas utilities operating within
the city with a copy of this chapter. (Ord. 5-02 § 2 (part): Ord. 29·99
§ 1 (part))
.
5.60.120 Violation-Penalty.
A. Any person who unlawfully removes, destroys or damages a
heritage tree shall pay a civil penalty equal to twice the amount of
the appraised value of the tree. A city.selected arborist shall
estimate the replacement value of the lost tree(s) in accordance
with industry standards. The penalty shall include the city's costs
incurred in performing the appraisal.
B. Any person violating any portion of this chapter that results in
the loss of a heritage tree. shall be required to replace said tree
with a new tree and/or additional plantings, of the same species.
The Director shall determine the size and location of replacement
tree(s). The Director may refer to the recommendation of a city-
selected arborist. (Ord. 5-02 § 2 (part): Ord. 29-99 § 1 (part))
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1i<Þ Ð"O \ D--r
RESOLUTION NO. 127·04
A RESOLUTION OF THE CITY COUNcn..
OF THE CITY OF DUBLIN
.
* * * * . . * * . . * . * * . * * * . - . . ~ . * . * . * ~ . * . . . * * * .
GRANTING THE APPEAL IN PART AND AFFIRMING IN PART THE DECISION OF THE
PLANNING COMMISSION GRANTING A SITE DEVELOPMENT REVIEW FOR A SINGLE-
FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE
WHEREAS, Alexander Loukianoff has requested approval of a Site Development Review fur a
single family home on an existing lot at 11299 Rolling Hills Drive; and
WHEREAS, a completed application for Site Development Review is available IU1d on file in the
Dublin Planning Department; and
WHEREAS, the environmental hnpacts of this project were addressed under the Negative
Declaration prepared for the PA 85-035 Hatfield Development Corporation planned Development Rezone,
Annexation and Site Development Review of which the subject lots were a part. The Negative Declaration
was prepared in accordance with the California Environmental Quality Act (CEQA), State CEQA
Guidelines and the City of Dublin Environmental Guidelines.
WHEREAS, a Site Development Review is required for tlús project by Conditions 4 IU1d 12 of .
City Council Resolution 82·85 approving PA 85-035.3, Hatfield Development Corpora.tîon Investec, Inc.;
and
WHEREAS, the project is consistent in all respects with the Heritage Tree Ordinance; and
WHEREAS, the project is consistent in all respects with Dublin General Plan and Zoning
Ordinance; IU1d
WHEREAS, the project is consistent in all respects with the conditions of approval of City Council
Reso1uiioD 82-85; and
WHEREAS, the Planning Commission did hold a public hearing on said application on May 11,
2004; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, City of Dublin Council Member McCormick has filed a timely appeal of the decision
of the Planning Commission to the City Council; and
WHEREAS, the City Council did hold a public hearing in consideration of the appeal on June 15,
2004; and
WHEREAS. proper notice of said public hearing was given in all reSpectS as required by laW; and tit
WHEREAS, the Staff Report was subnñtted reconunendïng that the City Council make a
. determination based on the provisions of the Appeal Chapter of the Zoning Ordi1fTÃCH M ENT 5'
/-¥j"D lÐ 4
_ WHEREAS, the City Council did hear and consider all said reports, recommenda.tions, and
., testimony hereinabove set forth and used their independent judgment to make a decision; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby make
the fonowing findings and determinations regarding said proposed Site Development Review:
A The approval of this application (fA 03-040) is consistent with the intentlpurppse of
Section 8.104 (Site Development Review) of the Zoning Ordinmce.
B. The approval of this application, as conditioned, complies with the policies of the General
Plan, the Zoning Ordinance, the Heritage Tree Ordinance and City Council Resolution 82-
85.
C. The approval will not adversely affect the health or safety of persons residing or working in
the vicinity, or be detrimental to the public health, safety and general welfare because all
applicàble regulàtiOns will have been met.
D. Impacts to views have been addressed by sensitive design and siting of the proposed single-
family residence.
E.
Impacts to existing slopes and topographic features are addressed in the project through the
use of pier and grade beams and by minimal grading.
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F.
The approval of this application, as conditioned, is in conformance with regional
transportation plans.
G. The approval of this application, as conditioned, is in the best interests of the public health,
safety and general welfare as the development is consistent with aJIlaws and ordinances and
implements the requirements of the General Plan, the Zoning Ordinance, the Heritage Tree
OrdinanCe and City Council ReSOlutiOD 82-85,
H. The proposed physical site development, including the intensity of development, site layout,
grading, vehicu1ar access, circulation and parking, setbacks, height, walls, public safety and
similar elements, as conditioned, have beeD designed to provide a desirable environment for
the development.
I. Architectura! considerations" including the character, scale and quality of the design, the
architectural relationship with tbe $Îte and, building materials and colors, screening of
exterior appurtenances, exterior lighting and similar elements have been incorporated into
the project and àS conditions of approval in order to insure compatibility of this project with
the existing character of surrounding development.
J.
Landscape considerations, including the locations, type, size, color, texture and coverage of
plant materials, provisions and similar elements hàve been considered to insure visual relief
and an attractive environment for the public.
.
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NOW, THEREFORE BE IT FURTHER RESOLVED THAT THE Dublin City Council hereby
grants the appeal, in part, and affirms, in part, the May 11, 2004, decision of the Planning Commission
approving the Site Development Review of P A 03-040, LouJdanoff Residence. City of Dublin City
Council hereby conditionaßy approves the Site Development Review Application for P A 03-040 to
construct a single family residence on Lot 1 of Block 1 Tract 5073 and further identified as Assessors
Parcel Number 9412775-030, and as generally depicted by materials 1a.beled Attaclunent 2, stamped
"approved" and on file in the City of Dublin Planmng Department. This approval shall conform to the
project Jlans subnútted by Nickolas A LoukiàDOff; P.E., the Heritage Tree Protection Plan, unless
modifie herein for this project dated received December 4, 2000, and the report by Joosph McNeil,
consulting arborist dated January 12, 2004, on file in the Department of Community Development, unless
modified by the Conditions of Approval contained below.
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CONDITIONS OF APPROVAL
Unless otherwise stated all Conditions of Approval shall be complied with Drior to final OCCUDAn<:;y of any
buildilllumd shall be suIVect to Planning Department review And approval The followinll codes renresent
those depanmentslaaencies resDonsible for monitoring comoliance with the Conditions of Aooroval: IPLl
Plannin2 r;BJ Buildinll fPOl Police IPW1 Public Works. (ADMl Administràtioo/Citv Attornev. I'FIN]
Finance. rpCSl P!Uks and Community Services. I'Fl Alameda County Fire Dc:¡pt.. IDSRl Dublin San Ramon
Services Di\!lrict. rcoJ Alameda County Flood Control and water Conservation District Zone 7.
GENERAL CONDITIONS
1. Term. Punuant to Section 8.96.020(D) (as amended) of the Zoning Ordinance, construction shall
commence within one (1) year of Site Development Review approval, or the Site Development .
Review approval shall lapse and become null and void. Commencement of construction means the
actual construction pursuant to the Site Development Review approval, or, demonstrating
substantial progress toward commencing such construction. The original approving decision-maker
may, upon the Applicant's written request for an extension of approval prior to expiration, and
upon the determination that any Conditions of Approval remain adequate to assure that applicable
findings of àpproval will continue to be met, grant a time extension of approval for a period not to
exceed 6 months. All time extension requests shall be noticed and a public hearing or public
meeting shall be held as required by the particular Permit.
Responsible Agency: PL
Required By: On-goiug
2. Re10ate Residence. The residence shall be relocated to the south to avoid the drip1ine of the
existing Valley Oak, Tree No. 353, subject to the review and approval by the Director of
CoIIlll1llIlÎty Development. Prior to pouring the foundation, the Applicant shall prepare and submit
a stàking p\a.n, which illustrates the location of the residence, subject to the review and approval by
the Director of Community Development_ The Applicant shaI1 place the stakes on site, pursuant to
the approved staking plan.
Responsible Agency:
Required By:
PL
Prior to Bulldioe: Pernùt
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3. Relocate Easement. The existing Cornmon Area Storm Drain Easement shall be relocated or
eliminated to eliminate any conflicts with the revised location of the residence. The Applicant shall
provide evidence the Easement has been relocated, subject to the review and approval by the
Director of Community Development.
In the event that the Easement holder does not agree to either relocate or relinquish its rights to the
easement, Condition of Approval two and three above shall not be in effect. To demonstrate the
inability of the Applicant to relocate the Easement, the Applicant shall provide a letter written by
the representative of the easement holder stating its inability or unwillingness to relocate the
easement. The Director of Community Development shall review and approve the form and
content of the letter. Additionally, if the Applicant îs UIL'lble to obtain the relinquishment or
relocation of the Easement, Condition 79 shall be revised to increase the duration of the cash bond
ft'om one year to three years.
Rnponslble Agency:
When Required:
Planning
Prior to Building Pennlt
4. Feea. Applicant/Dewloper shall pay aU applicable fees in effect at the time of building pcnnit issuance,
including, but not limited to, BuildiDg fees, Dublin San Ramon Services District Fees, Public Facilities Fees,
Dublin Unified School District School Impact fees, City Fire Impact fees; Alameda COWIty F100d and Water
Conservation District (Zonc 7) Drainage and Water Connection fees; and any otber fees as applicable_
Responsible Agency: Various
When Required: Various times, but no later than Issuance of Building Pennlts
5, RevocatiOD_ The SDR will be revocable for cause in accordance with Section 8.96.020.1 of the Dublin
Zoning Ordinance. Any violation of the terms or conditions oftJri:; approval sbaH be subject to citation.
RapllWlible Agency: PL
Reqllired By: On-¡¡oing
6. Required Permits. Applicant/Developer sbaH comply with the City of Dublin Zoning Ordinance and obtain
aU nccesSIU'y pennits required by other agencies (Alameda Cmmty Flood Control District Zone 7, California
DeparIß\eI1t of Fish and Game, Army Corps of Engineers, Regional Water Quality Control Board, State
Water Quality Control Board, Etc.) and shall submit copies of the pmnits to the Departmeot of Public
Wmb.
Re5ponslble Agency:
When Required:
Varlou$
VariODS times, but PO later than Issuance of Buildiu; Permits
7. Buildiur: Codes and OrdiuanC6!l. All project oonstruction shall confoun to all bwldiDg codes and
ørdiwwces in effect at the time of building permit.
Responsible Agency: Bldg.'
When Required: . Throup Completion
8. Complianee. ApplicantlDevelopo:r sball comply with the City of Dublin Zoning Ordinanœ, City Council
Resolution 82-85, the Tree Protection Plan fur this project, the 7 h"....uv..""rlortions listed in the page 4 and 5
oftbe January 12, 2004, report by Joseph McNeil, consulting arborist, and the additional (3) tree protŒtion
recoounenda1ions listed by the February 2, 2004 report by Michael Santos.
Re5POnslble Agancy: PL
When Required: Issuance of Building Permits and On-golng
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9. Solid WutelReeycliø;. AppliœøtlDeveloper shall c:omply with the City's solid waste: tnanagcnuIIrt and
recycling .requireølenrs.
RespOllsible Apcy: Dldll. ..
When ReqlÚred: On-goini .-
10. Water QualitylBest Mana;ement Practices. Pursuant to the Alameda Countywide National poliuticrn
Dischar¡es Eliroination Permit (NPDES) No. CAS0029831 with the California Regioœ1 Water Quality
Control Board (RWQCB), the ApplicantlDeveloper shall design and opcmte the site in a manner CDDSisteot
with the Start at the Soorce publication, and according to Best Management Practices to IIlÎ11im.ize storm
water polluticm.
Responsible A¡eucy: PW, PL
Required By: Issuance of Grading Permit
11_ Hold HannlessllndemDifltatioß. ApplicantJDevelopc:r sball defènd, indemnify, and hold harmless the City
of Dublin and its agents, officers, and employees from any claim, action, or pro¡o.....!i'lg against the City of
Dublin or its agents, officer'll, or employees to attack, set aside, void. or aunul aD approval of the City of
Dublin ar its advisory agency, appeal board, Planning Commission. City Council, Director of Community
Developmeut, pl'lnn;ng Manager, or any other dep¡u1ment, OOlD!I1Îttee, or agency of the City the Site
Develuþ1llcnt Review to the extent such actions are brought witbi.u the time period required by Govenm1ent
Code Section 66499.37 or other applicable law; provided, however, that the ApplicantlDeveloper's duty to so
defend. indemnify, and hold harmless shall be subject to the City's prompt1y notifying the
ApplieaDtlDeveloper of any SIÛd cJaim, action, or p~il1g and the City's full eooperatian in the defense of
such actions or ~ings,
Responsible Agency: PW, PL
Required By: On-going
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DRAINAGE/GRADING
12. GradinglSitework Permit. The applicant shall obtain a Grading I SitcwoIk Permit from the Public Works
I>eparttnmt for site grading and improvements. Said pcnnit will be based on the final set of improvement'
plans to be approved once all of the plan check commenu ba.ve been resolved. Plnse refer to the bandout
titled Grading/Site Impravemenf Permit Application Instrwt/ons and attached çplication (three 8-1/2" x
II" pages) for mOl'C infonnaticrn. The ApplicantlDeveloper IIlU$I fill in and return the applicant information
contained on pages 2 and 3. The current cost of the permit is $10.00 due at the time of permit issuance.
although the ApplicantlDeveloper will be responsible for any adopted increases to the fee amount.
Responsible Atenc:y: PW
Reqlûred By: Grading Pennit
n. Encroachment Pennit: The: applicant shall obtain an Eneroachrnent Permit fiurn the Public Works
Department for any WOŒ within the public street rights ofway.
Respoßllble agency: Public Works
When required: prior to any construction witbID the street rights of way
14. Retaining Walls: Reœining walls with exposed heights O>'~i'1g 3' or with surcharged loads installed on
the property shall be construeted pursuant to a Building Permit obtained :&om the Building Division.
Reta.iDing walls sbal1 be designed to support all known surcharges. (At any future point that /I new surcharge
is added to an existing retùning wall, the wall shall be re-reviewed for the additiona1loads.
Responsible Aaeucy: Bldg.
Required By: Prior to start of construction of any ",h.in~R waIls. e
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IS. Dublin SIII1 Ramon Service Dil!trict (DSRSD) hrmit: The applicant shall obtain a coDStnlct:ion permit
ftom "the DSRSD for all water and !I8I1itary _ improvemonts.
Responsible a¡:eney: DSRSD
When required: prior to tonsb11diou of slU1Ît.ry sewer and water Improvements.
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) 6. Gradina, Drainalt and Improvement Plan: The applicant shall prepare a Site Grading, Drainage and
Improvement Plan for review and approval of the Public Works Director. All improvement and gradin¡ plans
submitted to the Public Wom Departmmrt for ~/apprOva1 shall be prepared in acoordance with these
Condttions of Approval, and with the City of Dublin Municipal Cock ÏI1l"nrli118 Chapter 7.16 (GTading
Ordinaocc). The Plan shall include all a minimum the foUov.iI!g information;
a. Existing topography including ground contours at one-foot intervals extending a minimum. 10 feet
beyond them property limits, and "the location of the existing tree trunks and drip lines,
b. The location of existing improvements including fences and stJeOt fi'ontagc improvements,
c. Location and elevation of oxisting and any proposed cbangœ tn the water, sanitary sewer, gas.
eleçUic and CA 1V services tn the lot,
d. The location of all proposed improvements includin¡ the house footprint, decks. patios, retaining
walls, pathways and driveways,
e. Proposed grading inoluding
f. LinUts of cut and fill area.
g. Finish floor elevations.
h. Sufficient finish surface elevations on all pavemmrts tn show slope and drainage,
i. Top, toe and slope of all banks,
j. Top, bottom and height of all retaining walls,
k. Quantities of cut and fill,
1. Proposed dminage improvement including:
.. Location and type of aIi inlets
ii. Elevations of grate and pipe inverts at all :ttonn drain structures
iii. Stnrm drain pipes aim, slope aDd material.
.v. Location and detail for the outlet cfu.ipatc>r
v. Direction of surface flow,
vi, Construction notes, sections and details as required,
vii. Location and elevation for the benchmark tn be œ.,d for canstrnction,
viii. Signature blocks for the Public Works Director, Qeoteobl';",, 'Pngin....". and the DSRSD.
Responsible aKaley: Public Worb
Whm required: prior to Gradinfl / Sitework Pennit
17. Erosion Control durin! CoDStntc:tÎon. ApplicantlDeveloper shall include an Erosion and Sediment Cœ.IIrol
Plan with the Grading and Improvanent plans for review and approval by the City En¡ineerlPublic Works
DireCtOr. Said plan sbaJ1 be designed, implemented, and oontinually maintained pursuant tn the City's
NPDES permit between Oclober I" and April 15'" or beyond these daíes if dictated by rainy weather, or as
otherwise directed by the City EogineerlPublic Works Director.
Responsible agency: Public Works
When required: prio.. to GUdiDg I Sitework Permit
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18. DSRSD Signature: The Grading, Drainage snd hnprowmart Plan shall be signed by DSRSD approving the
sanitary sewer snd water facilities. DSRSD will require all fees snd agreements to be completed prior to
signing.
Responsible aaeney:
When required:
Public Works
prior to Grading I Sitework hrmit or Buildina Permit
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UTILITIES
19. Utilities: The appücant shall provide all utility services to the site underground, including but not limited to
electricity, tclephone, cable television, water, sewer and other required utility services in a.ccordance with the
requirements and speeificatÎOll!l of each utility cœnpany.
Responsible agency: Public: Works
When required; Prior to BulldiD& Permit
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CONSTRUCTION
20. ConstrudioD Houn. Standard construction and grading hours shall be limited to weekdays
(Monday through Friday) and non-City holidays between the hours o£1:30 a.m. and 6:00 p.m. The
ApplicantlDeveIoper may request reasonable modifications to such detemñned days RDd hours,
taking into account the seasons, impacts on neighb~ properties, and other appropriate factors,
by submitting a request form to the City EnginccrlPublic Works Director. For work on Saturdays
and Sundays, said request shall be submitted no later thRD 5:00 p.m. the prior Wednesday.
Overtime inspection rates will apply for all after-hours, Saturday, Sunday, and/or holiday work
RespoDsible agency: .
When required:
Public Works
durin& constru.moD
21. Dust Control: The contraotor is responsible for preventing dust problems from the site by W3tering graded
areas or other palliative measures as conditions warrant or as directed by the Public Works Director.
Responsible a;ency: Public Works
Wben required: duriDg construction
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22. Noise Control: Construction. shall be conducted in a ßIU\I\Ct to minimize the irnpacæ on the existing
community which shall include as a !DÎnÌI:uun1 the following;
I. All co.nsUuctioo equipment shall be fitted with noise It!Uffling devices,
b. Construction equipment shall D~ be left idling while not in use,
c_ Radios and loudspeakers shall not be used outside of the buiJdmg.
Responaible agency: Public Works
When required; durina col\ltJ'uction
23. Trlllh and Debris Control: Measures shall be taken to contain all construction related tm..'Ih, debris, and
møterials on site until disposal off-site. The contm<:tor shall keep the adjoining public streets and properties
free and clean ofproject dirt, trash and construction matcriaJJ¡.
Responsible -zency: Public W orlll
When required: durina col\ltJ'uctiou
24. COIDtrum"n Fence: The applicant shall install a temporary fencelbarrier across the rear yard
approximately 10 feet beyond the limits of grading. The fencc/barrier shall be placed in such a manner to
restrict construction activities, rnateria1 storage, trash, and debris from going down slope of the construction
area.
Responsible a;em:y:
When required:
Public Works
during COnstmctiOD
25 _ DlUDaged Improvements: The applicant shall repair to the satisfaction of the Public Works DircctDr all tit
damaged street curb, gutter, sidewalk and pavement ou the lot fÌ'oIItage.
ResPODSible agency: Public Works
When required: prior to oecupancy
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26. Preliminary Tide Report. .The applicant shall submit a recent Preliminary Title Report for the
property for City reference. during the plan-check.
Responsible Agency: PW
When Required: Ongoing
27. Existing Common Area Storm Drain Easemeut (CASDE), The applicant sha\1 install a 12"-
diameter reinforced concrete stonn drain pipe along the centerline of the existing CASDE the
encumbers the site ftom the edge of the proposed concrete driveway to the edge of the proposed
retaining wall to acconunodate any existing or future Silvergate Homeowner's Association stonn
discharges. Since the existing CASDE contains. an angle point within a proposed fill uta, the
applicant shall either install a junction structure (manhole) at the angle point. or shall relocate the
wall towards the top of the hill slightly to avoid the angle point. The final desígn of the concrete
storm drain pipe shall be subject to review and approval by the Director of Public Works.
Responsible Agency: PW
When Required: Ongoing
28. The Lot Dimensions. All property lines shall be dímensioned on the plans with both bearings and
distances iTom the recorded final map.
Responsible Agency: PW
When Required: ODaøin&
.
29. Grading. Contour lines on the plàDS shall match the original ground suñace elevatiollB ftom the
Tract 5073 grading plan. No graded slopes shall be steeper than 2: 1. Cut and :fill quantities shall be
shown on the Grading Plan.
Responsible Agency:
WbeR Required:
PW
Ongoing
30. Dnúnage. Concentrated stann flows ftom the ptoposed 4"0 pve pípe that will drain the driveway
and !Tom rain water leaders that will drain the roof and site improvements shall not discharge at or
near the top-of-slope- Instead, concentrated flows shall be collected in a pipe network that
discharges through an energy dissípater as near as possible to the down slope property line.
Appropriate details shall be added to the plans to address this issue.
Responsible Ageucy: PW
When Required: Ongoing
31. Geotechnical Report. The applicant shall have a síte-specific geotechnical report prepared that
addresses grading. drainage, slope stabílity, landslide potential, and foundation recommendations.
All recommendation:> of the report sha.ll be incorpOtàted into the design of the house and site
ímprovements. All grading, retaining walls and foundation work shall be performed in accordance
with the recommendations contained in the Geotechnical Report prepared for the site. The
respol1lible geotechnical engineer shall sign II statement on the Gradíng, Drainage and Improvement
Plan that all proposed grading, drainage and retaining walls conforms to the reconunendlltions
contained in the Geotechnical Report.
Responsible Agency: BLDG
Wben Required: Onping
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32. Automatic Fire Sprinkler System. Automatic Fire Sprinkler Systems shall be required in all
buildings that are adjacent to Open Space or Undeveloped Land. The installation of the Automatic' e
Fire Spritikler System shall be in accordance with approved City standards
Responsible Agency: BLDG
When Required: Prior to issuance of buildin¡ permit and Ongoing
PARKS
33. Public Fadllties Fee. ApplicantlDeveloper shall pay a Public Facilities Fee in the amounts and at
the times set forth in City of Dublin Resolution No. 195-99, or in the amounts and at the times set
forth in any resolution revising the amount ofthe Public Facilities Fee.
Respons/Þ/9 Agency: PCS
RequlÆld By: As indicated in Condition of Approval
ARCHITECTURE
34. Enerior lighting. Exterior lighting shall be of a design and placement so as not to cause glare
onto adjoining properties. Lighting used after daylight hours shall be minimized to piovide for
security needs only.
Responsible AgeDcy:
Required By:
PL
Ongoing
35. FeDcing and Retaining WaIls. The design, location and materials of ail fencing and retaining .
walls shall be subject to review and approval by the Community Development Director.
Responsible Agency: PL.
When Required: Prior to approval of Final Landscaping ød hrigation PlallJl.
36. IDcrease in beigbt of residences probiblted. The increase in heisllt of the residence proposed
with this project beyond that approved by the City with this application is prohibited.
RespollSible Aaency: PL
Required By: Ongoinll
LANDSCAPING
37. F'maI Ledsc.pina and lniptioD Plan. ApplicantlDeveloper shall submit a Final Laudscapingand
Irrigation Plan, COIIfurming to 1he requirements of Section 8.72.030 of the Zooing Ordinance (unless
otherwise required by this Resolution) and. the various tree proteotÎon requirements, stamped and approved
by the Director of Public Works and the Director of Community Development. The plait should generally
confom¡ to the 'anri""aping plan shown 0II1he Site Development RevitIW,
RespoDSible Aaency: PL
lùquired By: Prior to buiIdina perøût
38. Wildfire Mana~nt Plan. The Final Landscaping and Irrigation Plan shall be in accordance with the
City ofDub1in Wildfire Management Plan.
RespolISible Agency: F
Required By: Prior to building permit
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39. Llllldscape lll$talllnion. Prior to final occupancy approval, all requmd landsœpitlg and irrigation, !!hall be
installed.
RespolI$ible Agency: PL, B
Req'llired By: Prior to occupancy
40. Drought-tolerant and/or native species. The landscape design and construction shall emphasize drought-
tolerant andfOT native species wbcrcvcr possible.
RespoDlible Agency: PL
Required By: Prior to occupancy
POLIce SECURITY'
41. ResideDti.al Security Requirements. The developmCl1t shall comply with the City of Dublin Residential
Security RçiremcntS. security hardware must be provided for all doors, windows, roof, vents, and
skylights and any other areas per Dublin Police Serv:iccs recommendatioM and requirements. At the
be¡ilming ofihe constructiOll. an address sigu of adeq1Iate size and color shall be posted 0Il1litz:. Additionally,
during construction security measures shall be taken to secure equipment and materials, inclw1iDg barricades,
locking boxes, and C(JDtact information.
Responsible Alency: B, PO
Required By: Prior tn Occupancy of first residence
FIRE PROTECTION
42. Applicable replatioDIIlllld requiremems. The ApplicantlProperty Owner sball comply with all applicable
regulatioos and requiremel1t$ of the Alameda County Fire DepartmeDt (ACFD), iDeluding pay¡nent of all
appropriate fees.
Responsible Aiency: F
Required By: Prior to iSSll8llce or Bull ding Pel1llÍtll
43. Because the exterior walls are over 150 feet from the public road, the driveway shall be a minimwn 14 ft
wide cmcrgc:ncy vehicle access road desigoed to hold the weight of fire apparatUS (63,000 pounds with a
40,000 Ib mde weight).
RespoWiible Ageney: F
Required By: Prior to ismance of Building Pennits
44. F1re Flow. Provide a letter from Dublin San Ramon Services District stating what the available fire flow is
at the site. A copy of the letter shall be submitted to our office. Show the location of the two closest fire
hydrants on a site plan.
Responsible Agency: F
Required By: Prior to iuuance ofBuildÎPi Pennits
45.' Fire SlÚety during cøustruction. The fullowing is appliœble during the eonstructiou pbase~
a. The combustibles on the site sbaIl be removed prior to start of construction.
b. Article 87 of the Fire c.ode shall be followed com:erning fire safety during the oonmuction,
demolitiOll or repair, arul the following requi1elDents shall be provided to the project lIII!IIager and job
contraCtOr who shall notify all employees aDd sub-contrad:OJ:S of the requirenœnts,
C. Access roads shall be installed prior to building/site construction oecurring.
d.. Wakr supply shall be installed and iu-service prior to buildiDg/site construction occurring.
e. Access roads, tumarounds, pullouts, and fire opera1ion areas and fire water supplies shall be maintain'"
clear and free of obstructions, inclmliDg parking. These areas are required fire lanes and shall be passabl,
fire equipment at all times.
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f. A means to contact emergency services and a. minimum of one 4A 20BC fire extinguisher shall b,
provided at the job site.
S Hot work activities such as welding, cutting, toreÏWS, IIIId flame producing openItions shall be in accorœe
with the Fire code.
h. All construction equipmemt/Inacliine/liMces with internal combustion eugines shall be equipped wit!
approved sparl< arrestors while operating in this project area.
Responsible Agency: F
Required By: Prior to delivery of any combustible material
46. Smoke Det\':l:tun. Resirl-ml smoke lid.. I.". sball be insQd1ed as æquired by Cø.tifumìa BuDding Code seetion
31O.9J. Smoke ~ &ball teeeiw their prinJary power from bui1ding wiring with battery backup, sball be
~ so that, when activated, sound an aJmm audible in all sleeping an:as, and &ball be located in every
_ir1g ~ aæa leaåiDg to sleepins areas, and 00 evmy story. A geaeral ooW ohaIl be added indiœting
compJianœ with ;...........ccrion requirement>;. Wrilttn certffil'Mi..... is sumnitt..n ~ '!he Fire Depanmeut that all
smoIœ dett:cton; are locaU!d no closer than thn:e fuct from any supply register ofthc IN AC ~ aDd OIIISide thc
airlIow of aIIlN AC registers prior to oœupancy. Show smoke detectorII j¡¡ the hallways giving açœss to sleeping
rooms and j¡¡ rooms open to the hallway that bave a œiliog height 24 inches or above the baI1way.
Responsible Allftlcy: F
Required By: Priur tu is$\1&Dœ of Building Permits
47. Unifonn Building and Fire Cudeo.. 'The project shall comply with Uniform Building and Fire Codes as adopted by
the City of Dublin.
Responsible Agency: F
Required By: Priur to ¡".uance of Building Pennit.
48. Sprinkler System. Provide a IIOte on the drawiDg showing that the building is provided with a sprink1er .
system. as fuUows:
a. The sprinkler system shall be designed and installed in compliance with N.F.P.A. 13D.
b. Contact the Fire Department at least 48 bours in advance fur required underground itœpcctions and
hydrosllltic test of all system components.
c. The sprinkler system shall be mooitored by a central station monitoring as rIJoÆin...n in N.F.PA
Standard No. 72. (Required by the HI'ritage Tree Ordinance).
d. Submit dNiled shop drawings of all sprinkler modifications to the Fire Dcpar1ment for appt(1Val and
permit prior to insta.I1a.tion.
Responsible Allftlcy: F
Required By: Prior to issu8Dœ of Building Pennits
49. The home shall comply the Herita;e Trees Onlinance ... rouo",s:
a. Clearly show which tress are heritage trees on the aite plan. 'Show the drip lines of the trees on the
plan.
b _ The exterior wall sb.aII be one hour mted OIl the side :&ciDg the open space and thc two aIljucent
sides.
c. The windows shall be dual pane tempered on the aide fiu::ing the open space and the two adjacent
sidcø .
d. The structural members in the under floor areas shall be one hour rated.
e. The automatic sprink1er system shall be monitored by a UL certified 00Jrtml station company.
f. The home shall be provided with an automatic sprinlder aystem.
g. The roof covering shall be class A.
h. The underside of the eaws shall be one hour rated. e
I, The exterior waIl shall be one hour rated on the side fiu::ing the open space.
j. The exterior doors shall be non-combustible or solid core 1 Y. inch thick.
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k. Attic vc:nts or other veÐt openings shall not ex.ceed 144 sq. in. and covered with ll(IIl-combustible
corrosion rœistant mesh with opel1ÎDgs not to cx.ceed Yo inch.
\. Comply with the vegetation guidelines. This requires that an area of non-combustible nmtc:ria.ls
flowers plants coocrete gmvel or soil be maintained around the bouse.
Responsible A¡ency: F
Required By: Prior to isslWlu of Building PenøiU and Ongoing
50. Water supply. Water supply shall be adequate to support required fire flow.
Responsible Agency: F
Required By: Prior to issuance of Building Permits
DSRSD
51. Prior to issuance of any building pennit, oompleto ÎmprovtllDcnt plans shall be submitted to DSRSD that
confonn to the nquirmnents of the Dublin Sm Ramon Scrvicœ District Code, the DSRSD "Standard
Procedures, SpecificatiODB and DraWÎIIgS for Design and Jnsta1Iation of Water and WasteWater Facilities",
all applicable DSRSD Master Plam and all DSRSD policies. Prior to the issuance of a building pemút, all
uti1ity COID1CCtÌon fees, plan check fees, inspection fees, permit fees and fees associated with a wastewater
discharge pcrnùt shall be paid to DSRSD in accordance with the tates and schedules established in the
DSRSD Code.
RelpoDlible Agency: DSRSD.
Required By: Prior to isSUIlDCe of Building Permits
52. Sewers shall be designed to operate by gravity flow to DSRSD'II existing sanitary sewer symem.
Pumping of sewerage is discouraged and may only bc allowed under extreme circumstances
following a Cll8e by case review with DSRSD staff. Any pumping station will require specific
review and approval by DSRSD of preliminary design reports, demsn criteria, and finaI plans and
speciñcations. The DSRSD reserves the right to require payment of present worth 20 year
maintenance collts 118 well as other conditions within a aepàtate agreement with the applicant for
any proj ect that requires a pumping station.
Responsible Agenc:y: DSRSD.
Required By: Ongoing
53. Prior to the issuanc<:> of a building pcnnÎt, all improvement p~ for DSRSD fàcilities shall be signed by the
District Engineer. Each drawing of improvemmrt plam shall contain a signature block for the Di!ltrict
Engineer iDdicating approval of the sanitary sower or wamr facilities shown. Prior to approval by the
District Engineer, the Applicant sha1I pay all required DSRSD fees, and provide an engineer's estimate of
coDStnlctian costs for the sewer and water systems. a performance bond, a one-year maintenance bond, and a
comprebensive geooralliability insurance policy in the amounts and fonns that are aœeptable to DSRSD.
The Appliœut ahall allow at least l' woricing days for final ilDprovement chawing nwiew by DSRSD before
signature by the District Engineer.
Responsible Agency: DSRSD.
Required By: Prior to issuance of Building Permits
54. No sewer line or water line construction shal1 be permitted unless the proper utility construction
permit has been issued by DSRSD. A construction permit will only be issued after all of the items
in the condition immediately before this one have been satisfied.
Responsible Agency: DSRSD.
Required By: Ongoing
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55. The ApplicantIProperty Owner shal1 hold DSRSD, its Board of Directors, commissions, employees, _
and agents of DSRSD harmless and indemnify and defend the same itom any litigàtion, claims, or .
fines resulting fì'om completion ofthe project.
Responsible Agency: DSRSD.
Required By: Ongoing
56. The Applicant!Property Owner shall obtain a limited construction pennit from the DSRSD prior to
commencement of any work,
Responsible Agency: DSRSD.
Required By: Prior to commencement of aoy work
57. Construction by ApplicaotIDeveloper. All ooSÎte potable and recycled water and wastewater
pipelines and facilities shall be constructed by the ApplicantIDeveloper in accordance with all
DSRSD IlUllrter plans, standards, speci:ficatioll!l and requirements.
Responsible Ageney: DSRSD.
Required By: Completion or Improvements
58. DSRSD Water FacUlties. Water facilities must be connected to the DSRSD or other approved
water system, and must be installed at the expense of ApplicantJDeveloper in accordance with
District Standards and Specifications. All material and workmanship for water mains and
appurtenances thereto must conform with all of the requirements of the officially adopted Water
Code of the District and shall be subject to field inspection by the District.
Responsible Ageucy; DSRSD. _
Required By: Completion of Improvements .
59. The applicant sha1l coordinate with the District and Alameda County Fire Department on required
fire flows.
Responsible Ageney:
Required By:
DSRSD.
Approval of Improvement Plans
MISCELLANEOUS
60. Buildinw: PenDits. To apply for building pcrnúts, the Applicant shall submit eight (8) sets of full
construction plans for plan cl=k. Eath set of pbns sh.n have attached an annotated œpy of ~
ConditioDII of Approval. The notations shall clearly indicate how all ConditiOllB of Approval will be
complied with. Construction plans will not be accept1:d without the annotattd conditions attached to each set
of plans. The Applicant will be responsible for compliance with all Conditions of Approval spcciñed and
obtaiDÎDg the approvals of all pø.rticipating nOl>-City ~ies prior to the imlance of bui1ding or grading
pennits .
Respoosible Agency: B, PL, PW.
Required By: Prior to issuanœ ofbuildina permits
61. Construction plans. CODstruction plans shall be fully dimensioned (mc1uding buildina elevatîoDS)
accurat.cly drawn (depicting all existing and proposed condîtiOllB on site), and preplllCd and si.gued by an
appropriately design professional. The sÎt¢ plan, landscape plan and details shall be COIlIIistœt with each
~. e
Respoosiblc: A¡enc:y: B, PL, PW.
Required By: Prior to issuance otbuildina: permits
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62. Postal authoritÎel. The developer shall conÍér with the looal postal authorities to detennme the type of mail
rcc:eptacles neceslllUY a.nd provide a letter stating their satisfàction with thl! type of mail 9ClVice to be
provided. Specific locations fur such units :ihall be to the satisfAction of the Postal Service.
Responsible Apney: PL
When Reqnired: Prior to issullØce of BuildiDK Permit.
HERITAGE TREES:
63. No underground services inchlding utilities, sub-drains, water or sewer lines shall be placed in the
Tree Proteetion Zone.
Re.ponsible Agency:
When Required:
PL
Ongoing
64. Tree Preservation Notes, prepared by the consulting arborist, shall be included on all construction
plans.
Responsible Agency:
When Required:
PL
Prior to ÌIIsuanee of Bundlng Permit
65. Irrigation systems must be designed so that no trenching will occur within the Tree Protection
Zone.
Responsible Agency:
When Required:
PL
Prior to issuance ofBnildlng Permit.
66. No landscape improvements such as lighting, pavement, drainage or planting may occur which may
negatively affect the health or structural stability oflbe trees.
Responsible Agency: PL
When Required: Ongoing
67. Foundations, footings and pavement on expansive soils near the Heritage Trees should be designed
to withstand differential displacement due to expansion and sluinking of the soil.
Responsible Agency: PL
When Reqnired: Prior to issuanee of Building Permit.
68. All pruning, including after completion of construction and occupancy, shall be completed by a
Certified Arborist and Tree Worker in the presence of citY desiØ1'll!.ted personnel and be in
conformance with the guidelines of the International Society of' Arboricu1ture, Tree Pruning
Guidelines, CUJTent edition, on file in the Community Development Department. In addition,
pruning shall be in confonnity with the provisions of the Pruning Specifications of the Tree
Protection Plan for this project.
Responsible Agency: PL
When Required: On-going.
69. The Tree Protection Zone shall completely surround those trees to the satisfaction of the City's
arborist. A fence shall completely surround and define the Tree Protection zone to the satisfaction
of the City's arborist prior to demolition, grubbing or grading. Fences shall be 6 feet tall chain link
or equivalent as approved by the consulting athorist. Fences are to remain until all grading and
construction is completed. All pruning approved by the City' Consulting Arborist shal1 be in
accordance with the Tree Pruning Guidelines (International Society of Arboricu1ture) and adhere to
the most recent editions of the American National Standard for Tree Care Operations (Z133.1) and
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Pruning (A300).
Responsible Agency:
When Required:
PL
Prior to Îlsuance of GradIng Permit and Through CODstmction,
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70. Prior to work the contractor must meet with the either the Applicant's or the City's consulting
arborist at the site to review all work procedures, access routes, storage areas a.nd tree protection
measures.
Responsible Agency:
When Required:
PL
Prior to ¡nuance of Building Permit.
71. No excess soil, chemicals, debris, equipment or other materials shall be dumped or stored within
the Tree Protection Zone. Spoil ftom trench, footing, utility or other excavation shall not be plated
within Tree Protection Zone.
Responsible Agency: PL
When Required: Prior to issuance of Grading Permit.
72. If damage should 0= to any tree during construction it shall be immediately reported to the
Director of Community Developffillnt so that proper treatment may be administered. The Director
will rc:fur to a City selected Arborist to determine the appropriate method of repair of a.ny damage.
The cost of a.ny trea.tment or repair shall be borne by the developer/applicant responsible for the
development of the project Failure to do so may resu1t in the issuance of a stop work order.
Responsible Agency: PL
When Required: Ongoing
73. Whlle in the tree, the arborist shall perform an aerial inspection to identify defects that require
treatment. Any additionaJ work needed shall be reported to the Project Arborist.
Responsible Agency: PL
When Required:· Ongoing
.
74. Brush shall be chipped and chips shall be spread underneath trees to a maximum depth of6 inches,
leaving the trunk clear of mulch. Wood shall be \uuJ1ed off the site. Trees shall not be climbed with
spurs. Thinning cuts are to be employed rather than heading cuts. Trees shall not be topped or
headed back
RespoDJible Agency;
When Required:
PL
OngoiDg
75. Vehicles and heavy equipment shall not be parked beneath the trees. If access by equipment is
required to accompliiih the specified pruning, the soil surface shall be protected with 6 inches to 8
inches of wood chips before placing equipment or vehicles.
Responsible Agency: PL
When Required: Ongoing
76. Equipment shall be serviced and fueled outside the tree canopy to avoid accidental spills in the root
area.
Responsible Agency: PL
Wben Required: Ongoing tit
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77. A certified arbOlist shall be present on the project site during grading or other constnlction activity
that may impact the health of the Heritage Trees in this project.
Responsible Agency: PL
Wben Requind: Ongoing
78. The applicant's arborist shall prepare a Guide to Maintenance for Native Oaks that describes the
care needed to maintain tree health and structuralslability including pruning, fertilization, mulching
and pest management 118 may be required. In addition, the Guide shal1 address monitoring both tree
health and stroctural stability of trees. As trees age, the likeHhood of tàilure of branches or entire
trees increases. Therefore, annual inspection for hazard potential should be addressed in the Guide_
A copy of this Guide shall be provided to the homeowner-
Responsible Agency: PL
Wben Required: Prior to oc:c:upancy
79. The applicant/developer shall guarantee the protection of the Heritage Trees on the project site
through placement of a cash bond or other security deposit in the amount of equal to the valuation
of the trees as determined by the Director of Community Development. The cash bond or other
security shall be retained for a reasonable period of time following the occupancy of the last
residence occupied, not to eJ¡:ceed one year. The cash bond or security is to be released upon
satisfaction of the Director of Community Development that the Heritage Trees have not been
endangered. The cash bond or security deposit shall be forfeited toward payment of the civil
penalty, pursuant to Section 5.60.120 for any removal or destruction of a Heritage Tree.
Responsible Agency: PL
Wheo Requi~: Prior to issuanc:e of BuDding Permit and Ongoing for up to one-
year beyond oc:c:upanc:y
80. Any public utility installing or maintaining any overhead wires or underground pipes or conduits in
the vicinity of a Heritage Tree in this project shall obtain permission &om the Director of
Community Development before performing any work, which may cause injury to the Heritage
Tree.
RespolUlible Agency:
When Required:
PL
Ongoing
81. No heritage Tree on the project site shall be removed unless its condition presents an immediate
hIIza.rd to life or property. Such Heritage Tree shall be removed only with the approval of the
Director of Community Development, City Engineer, Police Chief, Fire Chief or their designee
Responsible Agency: PL
When Required: Ongoing
82. All Oak trees on the project site addressed by the Tree Protection Plan are designated as Heritage
Trees by this Site Development Review and shall be protected by the provisions of the Heritage
Tree Ordinanc:e pursuant to Section 5.60.40.2.
Responsible Ageocy: PL
When Required: Ongoing
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83. All work shall comply with City of Dublin Heritage Tree Ordinance, including no gm.ding or other
improvements within the drip.line of à protected tree, except as shown on the approved plans. A .
Tree Protection Zone shall be established in consultation with a Certified Arborist where work will
be pro!úbited, except liS shown on the approved plans. ,and where exclusion fencing will be
erected during construction.
Responsible Agency: PW
When Required: Ongoing
PASSED, APPROVED and ADOPTED this 61Å day of July 2004.
AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATfEST:
4all'\A ~... .
Deputy City Clerk
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CITY CLERK
File # nl!WJlOJ·l3J[Q]
e
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 6,2004
SUBJECT:
Consideration of Appeal of Planning Commission Approval of
P A 03.40, Lonkianoff Site Development Review. continued from
the June 15,2004 City Council Meeting
Report Prepared by: Andy Byde, Senior Planner
. ATTACHMENTS:
1.
Resolution Affi1'D1ing Planning Commission Approval in
part;
Draft City Council Minutes from June 15,2004; ami
June 15,2004, City Council Agenda Statement
2.
3.
RECOMMENDATION:~ 1.
\:
Adopt the Resolution granting the appea] in par! and
affmning in part the Planning Conunission Approval of May
11, 2004.
e
PROJECI' DESCRIPTION:
On June 15, 2004, the City Council heard an appeal, filed by Council Member McCormick, of the
Planning Commission approval of a Site Development Review for a new single-famiiy residence located
at 11299 Rolling Hills Drive. The single-family residence was approved to be 2,954 square feet in size
with a garage that is 587 square feet in size.
City Councü Action
The issue of concern identified by the City Council with the Site Development Review approval was the
fact the residence was approved to encroach into the drip line of an existing Heritage Tree, thereby
necessitating trimming of the Tree. At its meeting of June 15, 2004, the City Council, by straw vote,
voted to relocate the residence approximately 5 feet to the south to eliminate the encroachment of the
residence into th.e Tree (see Condition # 2 of Attachment 1). To make the relocation possible, the
Conunon Area Storm Drain Easement that extends across the entire southern portion of the property must
either be relo.cated or removed. The Easement is owned by the Silvergate Highlands Home Owners
Association. In the event the Homeowners association does not agree to either relinquish its rights to the
Easement or relocate the Easement, the City Council stated by straw vote that the Planning Commission
approval for the project would be sustained with the addition of a new condition of approval. The new
condition of approval would extend the time period guaranteeing the preservation of the tree from one
year to three years, following the completion of construction (see Condition # 3 of Attachment 1).
e
COPIES TO: Applicant
Project File
O:"'M\2003\03-040 Loukinotflt..ldencelApp'aI\oc ap!>O'1 ,œf' report 7-6-04.doc
\CJbL.
ATTACHMENT b
RECOMMENDATION: . . . ... . ... 1"'iLt; (I(¡<{
Staff recommends that the City Council adopt the Resolution granting the appeal in part and affmning in
part the Planning Conunission Approval of May 11,2004 (Attachment 1).
e
e
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2%2-
1Gao \DI.f
Approved (4.4 600-35) the Fiscal Year 2003-2004 Budget Change for the
e J-580/Tassajara Road Interchange Improvements Project in the amount of $149,358;
Adopted (4.6 600-30)
RESOLUTION NO. 125 ~ 04
APPROVING AGREEMENT FOR MODIFICATIONS TO AND PURCHASE OF MODULAR
BillLDING (TRAILER) AT CIVIC CENTER
and authorized the Mayor to execute the agreement;
Approved (4.7 600-30/640-1 0) sixth amendment to Agreement for Legal Services and
adopted
RESOLUTION NO. 126 - 04
APPOINTING JOHN BAKKER, AN ASSOCIATE AT
MEYERS, NAVE, RIBACK, SILVER AND WILSON,
AS ASSISTANT CITY ATTORNEY
e
Approved (4.8 600-30) Agreement for Audit & Professional Services with Caporicci &
Larson and authorized the City M.anager to executed the Agreement;
Approved (4.9 300-40) the WIIITant Register in the amount of $1,583,999.53.
Mayor Lockhart pulled Item 4.5, Consideration of Appeal of Planning Qlmmission
approval of PA 03-040, Louki.a.noff Site Development Review, from the Consent
Calendar and requested an update regarding the Homeowners' Association
consideration of Mr. Loukianoff's request to move the stvUtL drain easement.
e
Applicant Alex Loukianoff advised that he wrote a letter to the Homeowners' Association
stating his needs. The HOA had also received a letter from the City Manager advising
them of the City Council's support of his request. One of the HOA's Board. of Directors
was on vacation untillHst week, and had just received the letter. Preliminary discussions
with the HOA seemed to indicate a willingness to work with him. He will request that
the HOA copy the City council on their decision letter.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
,July 6, 2004
PAGE 336
Îl.JiIf:¡ 11><f-
Mayor Lockhart confirmed that the resolution was set up to allow the Applicant to move
forward with his project whatever the HOA's decision. If the HOA decided not to allow _
the storm drain easement to be moved, the g-year bond requirement would go into .,
effect.
City Manager Richard Ambrose oonfirmed that the resolution was set up to allow the
Applicant to move forward no matter the HOA's decision.
On motion of Cm. Sbranti, seconded by Cm. McCormick and by unanimous vote, the
City Council adopted
RESOLUTION NO. 127 - 04
GRANTING lliE AI'PEAL IN PART AND AFFIRMING IN PART THE DECISION OF lliE
PLANNING COMMISSION GRANTING A SITE DEVELOPMENT REVIEW FOR A SINGLE-
FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE
..
PUBUC HEARING
CALIFORNIA VEffiCLE CODE (CVe) ENFORCEMENT
IN DUBLIN ßA\l:ÇH "M" TOWNHOUSE JliEJGHBORijOODS
7:08 p.m.
6.1 (590·30)
e
Mayor I.ockhart opened the public hearing.
Public Works Director Melissa Morton presented the Staff Report and advised that the
City received a request from the Dublin Ranch Homeowners' Association (BOA) to
enforce the California Vehicle COOe (eve) Section 21107.5 on the private streets in the
Dublin Ranch townhouse neighborhoods, Tracts 6962, 6963, and 6964. The CVC
requires that a local agency hold a public hearing and adopt a resolution allowing for
vehicle code enforcement on private streets. Such enforcement would include any and
all reguJations. Affected streets include: Shadow Hill Drive, Bridgestone Circle,
Topsfield Circle, Southbridge Way, Thornburgh Lane,MillbuIy Court, Stillwater Court, .
Springvale Drive, Bellevue Circle, Hartwick Drive, East Chesterfield Circle, Wèst
Chesterfield Circle, Foxcroft Way, Georgetown Circle, and Londondeny Drive.
Cm. Sbranti asked if traffic on the small cCJUrt$ connecting to the listed streets would. be
enforced.
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
July 6, 2004
PAGE 337
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CITY CLERK
File # nl!fi[J[o]-[3[Q]
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June IS, 2004
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:
.
~1.
2.
3.
4.
5.
PUBLIC HEARING: Con~ideration of Appeal of Planning
Commis~ion Approval of P A 03-40, Loukianoff Site
Development Review
Report Prepared by: Andy Byde, Senior Planner e¡.--
1.
Letter Received Mày 21 , 2004, appealing Plmming
Commission Decision of May 11,2004;
Plmming Commission Staff Report dated May II, 2004,
including project description, attachments, and project plans;
Planning Commission Minutes for Mày 11,2004;
Planning Commission Resolution No. 04-43 approving the
Site Development Review, with conditions of approval; and
Resolution Affirming Planning Commission Approval.
2.
3.
4.
5.
Open Public Hearing
Receive Staff Presentation and Applicant Testimony
Question Staff and the Public
Close Public Hearing and Deliberate
Adopt Resolution Affirming Planning Commission Approval
of a Site Development Review.
PROJECT DESCRIPTION:
On MàY 11, 2004, the Planning Commission held a public hearing for a Site Development Review (SDR)
application for a new single·family residence on an existing lot (Lot I of Tract Map 5073) located at
11299 Rolling Hills Drive. The single-family residence was approved to be 2,954 square feet in size with
a garage that is 587 square feet in size.
At the May II, 2004, meeting, a motion to aPProve the project was approved on a 2-1-2 vote with
Commissioners Nasser and Jennings àbsent. A copy of the Draft Planning Commission Minutes is
included as Attachment 4.
On May 21, 2004, Council Member McCormick filed a timely appeal of the Planning Commission's
decision (Refer to Attachment I for a copy of the appeal letter). Pursuant to the Dublin Zoning
Ordinance, when a member of the City Council files an appeal, it is presumed that the reason for the
e
COPIES TO: Applicant
Project File
O:IPA~'2003\03-040 Louldnoll'it.o'idcncolAppeall.. appea1..affrepo" H5-04.doc
¡ ~ L-..
ATTACHMENT 7
[I,
· appeal is that the appealed action has a significant and material effects on the quality of life willin~e tD f
City of Dublin (Section 8.136.040(B.2) of Dublin Municipal Code).
City Council Actioll
Under the City ZoniIl& Ordinance, the City Council may affirm, affirm in part, or reverse the action of the .-
Planning Commission, based upon fmdings of fàct. Findings shall identify the reasons for the action on _
the appeal, and verify the compliance or non-compliance of the subject of the appeal with the provisions
of the Appeals Chapter of the Zoning Ordinance. The City Council may adopt additional conditions of
approval that address the spo;cific subject of the appeal.
The City Council may continue this matter, but must take action within 75 days of the date the appeal was
filed (75 days from May 21, 2004, is August 3, 2004), pursuant to Section 8.136.060 A of the Dublin
MunicipaJ Code. Additionally, because the appeàl was filed by a member of the City Council, the Council
may consider any issue concerning the application.
CONCLUSION:
Based upon the Planning Commission Staff Report and Draft Minutes for the May 11, 2004, public
hearing, Staff recommends that the City Council evaluate the appeal and affirm the Planning Commission
Approval of May 11,2004.
RECOMMENDATION:
Staff recommends that the City Council conduct a public hearing, deliberate, and adopt the resolution
affirming the Planning Commission Approval of May 11, 2004 (Attachment 5).
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200L-
!ltj"b (1)~"
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e On motion of Cm. Oravetz, seconded by Cm. McCornrick and by majority vote: (Vm. Zika
opposed), the Council adopted ·
RESOLlITION NO. 111 - 04
REVISING TIlE TRAFFIC IMPACT FEE AND AREA OF BENEFIT FEE
OR FUlURE DEVEWPMEN'I'S WITIiIN THE EASTERN DUBI.IN AREA;
AS PREVIOUSLY ESTABLISHED BY RESOLUTION NO. 1-95 AND '
REVISED BY RESOLUTION NO. 41-96ANDIŒSOLUTIÓNNÓ. 225-&9
," " ' , I
I
and modified Exhibit C of the Resolution to eliIninate the Medical/Dental OffiCe
" " ",' ,""",," " " I
category.
.
FUBLIC HEARING
CONSIDERATION OF APPEAL OF PLANNING COMMISSION
ArfROV AL OF P A 02·040. LOUKIANOFF S111; DEVELOPMENT REVIEW
8:16 p.m. 6.2 (410-30)
e Mayor Lockhart opened the public hearing. , " :
Senior Planner Andy Byde presented fue Staff Report and advised that on May II , 2004,
the Planning Conunission approved a Site Development Review application for a new
single-family residence on an existing lot (Lot I of Tract Map 5073) located at 11229
Rolling Hills Drive. The single·family residence was approved to be 2,954 square feet in
size with a garage that would be 587 square feet in size. On May 21,2004, .
Counci1mentber Claudia McCormick f11eda timely appeal of tlte P1.a.tming ~mission's
decision, citing that the item had the potential to cause significant and ma.reriál effects
on the quality of life within the City of Dublirt. I
Lot I was created in 1995 as part of the Ha.tfield Development project, and was sold
later to Black Mountain Development Company. lnJanuary 2001, fue City COuncil
approved Black Mountain's development prqject for new single family homes:on six lots,
including Lot 1. I.cll has a storm water drainage easement that extends along the
southern portion of the property, with no stmctures to be located within tha.t pasement.
Heritage Tree 353 is also found on Lot 1. The initial Council approval ínclud¢ a 5·foot
setback from the heritage tree. During the review of the grading permit, Staff
determined that the. approved location of Lot 1 çcmf1icted with Heritage Tree 353 and
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
JUDe 15, 2004
PAGE 297
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would constrain where the residence could be located. Subsequently, the App'Iicant and
currently Lot owner, requested pennission to trim the heritage tree to acconutl.oda.te the e
proposed residence. The Applicant's arborist detemtined that the proposed
encroachment from the residence was in the capacity of the tree to survive. " ~veral
other arborists, including the City's, reviewed and concurred with the report. 'The tree
report also determined that, because some of the original subdivision itnp1'OV'ements and
,grading, the soil has corn.pacted in an area and caused the tree tlOt tohave actt~ roots
within that area. Therefore, placement of the residence in the area where the ,soil was
compacted would not further endanger the tree. '
Mr. Hyde advised that the Council had three options: Option 1, Affirm the P.I.anning
Comnússion's decísion;Z) Affinn in part, the Planning Commission's decision, by
modifying conditions; or 3) Reverse the action of the Planning Commission decision.
Based on the Planning Cotnmission report and draft minutes for the May II, Z004
Planning Commission meeting, Staff recommended that the City Council evaluate the
appeal and affinn the PIa.nnin.gCommission's awroval of the project. .
Vm. Zika clarified tha.t it was the conclusion of all the arboristt; that the tree lUui not
grown because of the compacted soil on that site. :
Mr. Byde advised yes, the tree had rtot grown on that side because of soil compaction.
The canopy of the tree had not grown that far from the trunk of the tree in th~ southern
direction, although it has grown in other directions.
.
Vm. Zika co:nf1m1ed that the Applicant ç:ould not build overthe storm drain ~sement in
the south and the location of the drip line on Tree 353 to the north.
Mr. Hyde advised that the Applicant did not own the easement, so he cannot encroach
over it. The easement is retained for a storm drain, although there is no actwC. stann
drain in it. The easement belongs to the Homeowner's Association (HOA). In addition,
the steepest portion of the lot is in that area. The residence could be built in ~t area if
the easement were moved, but it would re8l.Ùt in additional costs to the Applic;a.nt.
,
Mayor Lockhart asked what recourse or actions were available for someone t9 talœ
regard.ing a faulty stuVey, such as this. Who would have recourse and who WOUld be
responsible?
l\.fr. Hyde advised that it was a legal question, but it was his understanding thit Black
Mountain was currently in litigation with the surveyor who prepared the ori&ina1
documents, but could only speculate as to what the litigation was about. '
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
June 15, 2004
PAGE298
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e VI11. Zika asked if there was any known use forthe currently unused storm. dr~.
,
,
Mr. Byde advised that there was the watershed which servtXftluttarea and W'~s "
ot'i@nally intended for that. It is very smaIl and probably would not be neces$ary to put
it in a pipe which needed to be in an easement. It could probably surface flow act'Q88 the
lot or be in a very small easement and pipe located in the southern portion. Most likely,
when the final improvement plan for the lots was approved, there were probaÞly some
changes but the easement was never removed. However1 it is still an existing legal
documertt. I
Vm. zika. asked if a hydrologist study might indicate that the storm drain and easement
were not neededl which ttcight allow them to build in that area without a significant
increase in cost.
Mr. Byde advised that some type of facility would be needed with a full hydrologist
study.
Alex Loukianoff, the Applicantl requested that the Council reaffirm the Pla.nni;ng
Commission approval. 'Ihey have been good citizens throughout the process 411d have
worked with Staff. I .
e
Mayor Lockhart asked if he had explored any aspects of moving the easement;
Mr _ Loukianoff advised yes, and deferred to his father, a licensed engineer and general
contractor, to answer specific questions.
Nick Louldanoff, the Applicanfs father, advised that the drainage easement served only
the house to the front toward the street, and virtwilly no water comes off the backyard.
The backyard is small, 80 whatever water comes off is minor. If the HOA w01.iJd agree, it
would be possible to move the point of the drainage easement but would be significant
ema cost. He requested that Staff be willing to work with them to minimize f#e
drainage requirements and reduce costs. I
Mayor Lockhart asked Staff if there was any opportunity to work with this project to
change a setback or do anything that would make it more this more feasible a¡n.d less
intrusive to the tree.
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CITY COUNCIL MINUTES
VOLUME 23 I
REGULAR MEETING
.June 15, 2004
PAGE 299
£, tOf) Ie I.f'
Mr. Byde advised that jf easement WAS removed, there would be other options. There A
would be some setback issues, but the Council hadthe authority to deviate front the .,
set~b. '
i
Mayor Lockhart noted that the Council has made exceptions in the past with dïfficult
lots in the area. :
Cm.Sbrann asked what the Lot 1 setbacb were.
I
Mr. Byde advised that the side yard setback was 5 feet with an aggregate of 15 feet_
There had to be 8. minimum. of 5 feet and the two had to add up to 15 feet.
Cm. Oravetz asked what needed to be done to get the easement waived by the HOA.
t
Mr_ Byde advised that the HOA would essentially have to quitclaim their ri;ý1t~ to put
draîna.ge into the storm drain; however ,he WAS uncertain. of the specific HOA,process.
I
The Council discussed the issue and agreed that the HOA would want to save the tree if
the easement served no purpose. '
City Attorney Elizabeth Silver advised that the Council,had 75 days from the date of the
appeal to take action and suggested continuing to a 4ate certain to provide Mi.
Louki.anoff the opportunity to approach the HOA with the request to quitclaini the
easement. '
.
Mr. Byde suggested that Staff devise .It revised dt;:sign, assuming that the HOA would
approve an easement quitclaim, and with the Council's concurrence, approve' the
revised design with the condition added that the easement has,to be relocated\ If it does
not occur, the plan would need to come back to Council.
I
em. Oravetz asked if it would be appropriate for the Council toça11 the HOA:in support
of this issue. He did not want to exceed the bounds of the appeal roles_
I
Ms. Silver advised that the City Manager could call the HOA to advise them o~ the
Council's support. '
Council and staff discus~d the various options available to them.
Mr. Louk:Uu:toff advised that they had had preIiminaty contact with the HOA., which
seemed inclined to help. '
CITY COUNCIL MINUTES
VOLUME 23
REGULAR MEETING
June 15, 2004
PAGE 300
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S3tJV·1O +
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Mayor Lockhart asked what would happen if the Council awroved it, as suggested by
Mr. Byde, subject to the ROA's aIJPt'Oval. .
Ms. Silver advised that the Council could affirm the appeal in part and make a'
modification to the Conditions of Approval to include a condition that the hou¡se be
reloçated. 5 feet to the south. If the eoµncil diçtß~thtn8 else, it would be the only
approval they had. If the Applicant could not work something out with the HOA, then
they would have to come back to Council. The Council had not discussed wlufttheir
position would be if the HOAwas not amendable to the request.
i
Mayor Lockhart stated that there needed to be an dthcr/ordecisÌOn. The Co~cil
needed to give them another option if the HOA did not give approval so the Applicant
wouldn't have to start all oyer again.
City Attorney Silver advised that if the Council could decide that tonight and be
aptmWed by straw vote, staff could bring a revised resolution to the next ~cil
meeting for adoption.· '
Cm. Oravetz made a motion, for discussion, to allow the Applicant to approach the HOA
with a request to quitclaim the easement or, if the lIOA denied the request, t:he Council
tit would affi.rm the Planning Commission's decision.
Vm. Zika. seconded the motion for discussion.
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Mayor Lockhart clarified that the motion was that the Council would first supPort the
Applicant going to the HOA to with the request to move the home 5 feet and r:emove the
easement. And, if not, the Council would uphold the P1a.nnîng eoJ:IUt1ission decision.
Cm. McCormick suggesred addinz the aroorist's recommendations for the ~ as
mitigation measures, inclw:iins annual monitoring of the tree and extending the bond to
three years beyond the completion date. Thespjrlt of the Heritage Tree ~ce was
to protect and preserve heritage trees, not figure out how far the trees can be )vha.cked to
put a house on a lot. She would not have voted the way she did if the CounciJ had had
the.çorrect survey information. The survey was wro1'l$; the tree was not w1i.e¡;oe it was
supposed to be. Somebody should go out and check the surveyor's work when there was
a heritage tree on the property, and was asking the Council to support that.
Mayor Lockhart asked Cm. Oravetz if he was open to an amended motion whj,ch
included the mlggested mitigation measures as an alternative. '
CITY COù'NCIL MINUTES
VOLUME 23
REGULAR MEETING
June 15,2004
PAGE 301
ß4-tb tDLf'
Cm. Oravetz agreed.
Cm_ McCormick asked who would monitor the tree for three years.
Mr_ Byde stated that the a.pproval was currently structured so it would be the 9w'ners'
responsibility. Furthermore, except for the bond requirement, the Conditions pi
Approval included all of the arborist's suggested mitigation measures. The ~-year
bond requirement would need to be added.
MAyor Lockhart advised that the amø4rnent woulçl be to a.d4the titree·year bond
requirement.
Cm. Oravetz agreed to modify his motion as suggested.
ern. McConnick requested that all of the mitigation measures and the conditiç,ns would
be recorded.
. Mr. Byde advised that the Alameda County Recorders Office would not allow ~
infor:ma.tional type of document- of this nature to be recorded. It was not on their list of
recordable documents. The Applicant would be required to disclose the infoimation
upon transfer of property. '
Mayor Lockhart stated that the property owner would have to submit an arbo¡:ist's
report once a year for three years on the condition of the tree.
Mayor Lockhart clarified that the motion was that the first alternative was to 'lvork with
the HOA to move the house 5 feet. The second alternative would be to uphold the
F1anning Commission's decision and addthe threeNyear maintenance bond and the
yearly arborist's report to be submitted to the City.
City Manager Ambrose asked if the Council wanted written confirmation irorP ROA
regarding the easement issue. '
Mayor Lockhart stated yes, it was important to have written HOA confirmatiO}1 for the
record. '
Cm. Sbranti asked if Council members could legally contact the HOA, assumiilg that it
took action tonight. ., .
CITY COUNCIL MINuTEs
VOLUME 23
REGULAR MEETING
June 15,2004
PAGE 302
"""-""""
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: Q;Go:1o \bet
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.. City Attorney Silver advised yes, but recornme, nd.ed, a str,a" w vote ,tonight and c1iIect Staff
_ to return with a modified resolution at next Council meefutg. st¡ÛÍ could contact the ,
BOA. The Council might also want to consider putting a time period on the first
'alternative to get the easement moved and relocating the house.
The council discussed a 30 day timeframe.
Alex Loukianoff stated they would do it as fast as possible. He advised that a I;hree-year
bond would be a financial burden and asked the Council to consider a one~YMr bond.
, ,
ern. McCormick indicated that the bond would only be necessary if the house could not
be moved.
Mr. Byde advised that the bond amount would be based on value of tree, which was
determined by an arOOrist. The value of a similar tree had been set at approximately
$10,000. 10% would be $1,000 a yearforthree years.
City Attorney Silver suggested that, rather than ha\TÎn$ a time period, the motiOn require
a written confinnation from HOA on thestatu.softheea~wer1,t.,,ºnc<= tlte,A~licant had
provided the confinna.tiôn, Staff could move forward and prepare the modifie4
resolution for the appI upriate Council meeting.
e
Mayor Lockhart closed the public hearing.
With a uruw.imous straw vote, the Council resolved the following:
1) Mr. Loukianoff to request that Silvergate Highlands Homeowner's Assoda:Qon
approve, in writing, the movement of the storm drain easement to the souther,n edge of
the lot so that ,the location of the home maybe shifted away from the heritage tree; 2)
Staff to draft a letter to the Homeowner's Association for the City M.anager's signature in
support of the Applicant's request; and 3) Staff to prepare It Staff Report with á
resolution for the next council meeting affirming, in part, the appeal and maJcing a
modification to the Conditions of Approval to ínclude a condition that the hoijse be
re1oca.ted 5 feet to the south unless the City receives written notice from the .
Homeowners Association that the Association will not agree to the relocation ,of the
storm drain easement, in which case the appeal is affirmed in part with the following
additional conditions: a three-year maintenance bond shall be required for the heritage
tree and a yearly arborist's report shall be submitted to the City on the conditipn of the
heritage tree.
tit
CITY COUNciLMìNíffES'
VOLUME 23
REGULAR MEETING
June 15, 2004
PAGE 303
"-",,,,,,,,,-,,,,..,,'.
. "",,,.,,'-
" -~.._._' """.,,"-..-
'3fp tìþ It> wi
AGENDA STATEMENT
PLANNING COMMISSION MEETING DATE: MAY 11,2004
SUBJECT:
ATTACHMENTS:
RECOMMENDATION: L
2.
3.
4.
5.
PUBLIC HEARING: P A 03-040, Loukianoff Site Development Review
for a Single-Family Residence on an existing lot (Lot 1) at 11299 Rolling
Hills Drive
(Report Prepared by: Andy Byde, Senior Planner)Df"
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2.
3.
Resolution Approving a Site Development Review;
Project plans;
Letter from Joseph McNeil, Consulting Arborist, dated January 12,
2004;
Letter from HortScience, Dated February 2, 2004, peer review of
Joseph McNeil's report;
Heritage Tree Ordinance;
Previously Approved Plans for home on Lot 1; and
Letter from Applicant Alexander Loukianoff.
4.
5.
6.
7.
Open public hearing;
Receive Staff presentation and public testimony;
Question Staff, Applicant and the public;
Close public hearing; and
Adopt Resolution (Attachment 1) approving the Site Development
Review, subject to conditions.
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PROJECT DESCRIPTION:
This is a Site Development Review for a new singk-family home on an existing lot (Lot 1) at 11299
Rolling Hills Drive, created by Tract Map 5073. The single-family residence is proposed to be 2,954
square feet in size with a garage that is 587 square feet in size.
BACKGROUND:
Hatfield Deve/avmen( Avvroval.-
On August 12, 1985, the City Council approved PA 85-035.3 (Resolution 82-85), Hatfield Development
Corporation, Inc. Tract Maps 5072, 5073 and 5074. Lots I and 7 - 12 of Block I of Tract Map 5073 were
not built upon when the rest of the homes were built in J 985. Lot I is the location of the subject property.
City Council Resolution 82-85 set forth the conditions of approval for the three tract maps. Conditions 4
and 12 of that resolution require that a Site Development Review be processed for the development of
these lots.
The proposed project is located on an existing 1cgallot of record which was created in conformity with the
following reglllations in effect at the time: (1) the Single Family Residential General Plan Designation; (2)
the R-I Zoning District; (3) the Hatfield Planned Development (Ordinance 80-85); (4) the Subdivision
Title (Title 9) of Dublin Municipal Code; and (5) the Subdivision Map Act ofthe State ofCalifomia.
__~_________~_H~~____________________~~~~________________~______________~___~~_________._____~_~~~_____w___
COPIES TO:
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Applicant
Mailing list
, ATTACHMENT õ>
·
Brittanv Lane/Black Moun/ain Dne/oomenr (P A 00-0091:
On December 12, 2000, the Planning Commission approved the Brittany Lane/Black Mountain
Devdopment (PA 00-009) Site Development Review (SDR), àPproving the design and locàtion for single
family homes on 7 lots (Lot Numbers: 1, and 7-12). The Brittany LaneJBlack Mountain project was
appealed to City Council on December 21, 2000. The appeal alleged conflicts with the following: (1)
Heritage Tree Ordinance, (2) the Wildfire Management Plan, (3) the Zoning Ordinance, and (4) the
Hatfield Development Approval. On January 16, 2001, the City Council heard the appeal of the SDR and
directed the applicant to redesign the project to minimize impacts to the heritage trees on site. On
February 20, 2001, the City Council approved the redesigned Brittany LanelBlack Mountain project,
upheld the decision of the Planning Commission, and required some additional conditions of project
approval.
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Thc home on Lot ] that was approved by the City Council as part of the Brittany Lane/Black Mountain
Development (PA 00-009) was 3,400 square feet of living space and had a 640 square foot garage (see
Attachment 6 for copies of the previously approved site plan and floor plans). The previously approved
residence had the folJowing setbacks from property lines: front 28 feet; sid~ 17 feet; side 57.5 feet; and
tear 43 fe~t. In addition, the approved residence on Lot I was shown with a 5-foot setback to the existing
Valley Oak, Tree No, 353 (as described by the Black Mountain Heritage Tree Protection Plan).
Lot I is a "flag" lot that is 21,328 square feet in size. Access to the lot is provided via a fee title strip of
land extending to Rolling Hills Drive, The eastern one-third portion of the lot is relatively flat, while the
remaining two-thirds of the Jot steeply drops ofT with a 30-50% slope. Th~ southern portion of th~ lot
çontains an existing Common Area Storm Drain Easement that extends across the entire southern portion
of the property. The Easement was granted to the Silvergate Highlands Owners Association by the
.. origi~l developer. Based upon a field review by the Public Works Staff, the existing Easement does not
_ contam any pIpes or other structures to convey storm water.
The site plan approved as part of the Brittany Lane/Black Mountain Site Development Review showed the
distance between drip-!îne of Tree No, 353. located on the northern portion of the property and the
Easement on the southem portion of the property, to be 68 feet.
In April 2002, during the review of the grading plan for the seven lots, Staff determined that the approved
location of r~sidence on Lot 1 conflicted with Tree No. 353. Specificàlly, the location of the tree was
between 12 feet and 20 feet beyond the location shown on the site plan the City Council approved as part
of the Brittany Lane/Black Mountain Site Development Review,
In March of 2003, the Developer of Brittany LanelBlack Mountain transferred interest to Lot ] to
Alexander Loukianoff,
Tree Location
As a result of the infonnation provided by the new Applicant's designer, the distance between the
Easement and the drip line of Tree No, 353 is approximate! y 47 feet. This limited distance significantly
constrains the lot. In order to contend with this limited dimension, the Applicant is proposing the
residence to encroach into the tree canopy, thereby necessitating trimming of the tree.
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ANALYSIS:
q;1"~~ to't
ProiecI DeJ'irm:
The proposed residence is well designed and sited. The 2,954 square foot home would complement the
architectural quality of the surrounding neighborhood. The design elements are shown in colored ...
elevations available at the Planning Commission Meeting and are on file at the Community Development ...
Department. The residence is sited on the lot to minimize grading and impacts to views. A hip roof has
been incorporated into the design to minimize impacts to views. The home will be obscured by the home
located in front of the subject property. Landscaping plans reviewed by Staff will have adequate
quantities and qualities of trees and shrubs. The project is well designed, well sited and, as conditioned, is
consistent with the required findings contained within the Site Development Review Chapter of the
Zoning Ordinance (Section 8. I 04.070).
Tree Trimminl;!
The Applicant is proposing the residence encroach into the drip line of Tree No. 353 between 4 and 5 feet
for the pop out of the kitchen (on the northern elevation, see Attachment 2) and 7 feet for the lower level
deck (pictures of the proposed trimming can been seen on page 2 and 3 of Attachment 3). The
Applicant's Arborist, Joseph McNeil, has reviewed the proposed trimming of Tree No. 353. Mr. McNei1
detennined that the proposed encroachment fÌ'om the residence is within the capacity of the tree to
tolerate. The conclusions reached by Mr. McNeil were then peer-reviewed by Michael Santos of
HortScience, the same firm that prepared the original Tree Protection Plan for Brittany LanelBJack
Mountain Site Development Revicw. After reviewing the plans and Mr. McNeil's report, Mr. Santos
concurred with consulting arborist's conclusions.
The Tree Protection Plan approved as part of the Brittany Lane/Black Mountain SDR called for the
residence to be setback 5 feet from any existing Heritage Tree drip line. The consulting arborist, Mr.
McNeil, states that the largest impact to Tree No. 353 would result from the pruning necessary to maintain
a 5-foot setback from the residence (see page 3 and 4 of Attachment 3). To lessen the impact of the
encroachment of the residence into the drip line of Tree No. 353, the Applicant is proposing to remove as
little foliage as possible of the tree and amend the Tree Protection Plan to reduce the 5-foot setback, to the
minimum necessary to accommodate the residence. The consulting arborist recommends reducing this
setback in order to limit the limit the amount of foliage removal. To limit the impacts to the tree a. a
result of pruning and placing the tree closer than 5 feet, the arborist recommends seven specific
mitigations: (I) install tree fencing; (2) place mulch around the roots; (3) provide supplemental irrigation
during the dry season; (4) limit landscaping around the trees; (5) ensure no drainage is directed towards
the tree; (6) ensure proper material disposal during construction; and (7) ensure all pruning is done by a
Certified Arborist.
Staff has reviewed the site pI an, the accompanying letter from the consulting arborist and the peer review
of the consulting arborist report. Staff concurs with the proposcd limited encroachment of the residence
into the canopy of Tree No. 353 and resulting trimming for the following reasons; (I) the proposed
trimming would be consistent with the Heritage Tree Ordinance because the trimming would be done in
conformance with standards established by the International Society of Arboriculture; (2) the lot is
significantly constrained with a limited width, due to the stonndrain easement in the south and the
location of the drip line of Tree No 353 to the north; (3) the trimming is the minimum necessary to
accommodate a residence that is significantly smalJer in size than was previously approved by the Brittany
LanelBlack Mountain Site Developm¡::nt Review; and (4) the trimming of the tree, with the adherence to
the recommended mitigations, is within the capacity of the tree to tolerate.
3
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Conformity of Project with City Council Resolution 82 - 85:· %'1 Vb tD'{
The City Council Resolution 82-85, an SDR approval, set forth conditions of approval, whìch established
requirements to be fulfilled prior to the issuance of building permits, In addition, the conditions of
approval established development standards for the custom lots (Lot Numbers: I, and 7-12. including the
e subjeCt property). The conditions that specifically apply to this project are listed below with statements
regarding project confonnity:
Condition 3. This condition establishes the development regulations for this development. The
regulations are:
· Front yard setback is 20-feet.
· Side yard setback is 5Æeet minimum and IS-feet aggregate.
· Rear yard setback is 20-feet
· Lots are subject to guidelines of the R-l zoning district in respect to development criteria such as
lot coverage, allowable uses, parking requirements, and definition of tenns.
The project. as proposed will have the following setbacks from property lines: front property line, 20 feet,
where 20 feet is the minimum; side property line; side property line 17 feet, where 5 feet is the minimum;
side property line, 48 feet, where 5 feet is the minimum; and rear property Jine property line, 55 feet,
where 20 feet is the minimum. The project, as proposed, would have a lot coverage of 10.8%, where 35%
is the maximum. The proposed residence complies with all requirements contained with condition 3 and
with the requirements of the R-l zoning district.
Condition 4. Site grading aggregating in exccss of fifty cubic shall not occur until a Site Development
Review (SDR) application is processed according to Section 8.95.0 (now section 8.104) of the Zoning
_ Ordinance (Site Development Review). Site grading from this project will exceed fifty cubic yàrds and
_ therefore a Site Development Review is required.
Condition 6. "The height of custom or modified homes shall not exceed twenty-five (25) feet as
measured perpendicularly from natural grade. Skirt heights screening undeveloped, non-living space
for custom or modified homes (measured fi'om natural grade to finished floor elevations) shall not
exceed a maximum of nine 9 feet. Deviation and! or refinement of these standards may be considered
as part of the Site Development Review process covering these lots."
Height Limit. This condition stipulated the height limit and the methodology for measuring
height for the customs lots within the development. The height limit was not to exceed 25 feet
and the methodology for measuring height was, (a parallel line) m"asured 25-feet
perpendicular from natural grade (see Figure I for illustration).
......\.......
.....
....
...... 5'
....... I
.,'
..'
...................r... j
25'
PIL
S_ction illuslroting perpendicuiar measurement of heiglu limil
Figure L
4
Skirt Height. This condition applies a maximum skirt height of 9 feet as measured fTo~~1t~D <+
grade. A skirt is the area below the lowest living floor, which is utilized for support of a structure.
Staff reviewed the project plans and detennined tbat the residence is in confonnance with the both the
height limit and skirt height limit as defined by Condition 6. e
Condition 16. This Condition requires that project grading performed within 25-feet of the drip line of
existing onsite or offsite trees shall be addressed by a horticultural report and the recommendations and
findings of that report incorporated into the grading and improvement plans of this project.
A recommended condition of approval would require that the applicant/developer guarantee the protection
ofthe Heritage Trees on the subject property through placement of a cash bond or other security deposit in
the amount of equal to the valuation of the trees as determined by the City's selected arborist (See page 5
of Attachment 5, Dublin Municipal Code § 5.60.100.). The cash bond or other security shall be retained
for a reasonable period of time following the occupancy of the residence, not to exceed ooe year. The
cash bond Or security is to be released upon satisfaction of tbe Director of Community Development that
tbe Heritage Trees have not been endangered. The cash bond or security deposit shall be forfeited as a
civil penalty for any unauthorized removal or destruction of a Heritage Tree.
A recommended condition of approval would require a statement to be prepared and recorded on the title
of the subject property, with the Alameda County Recorders Office, which states that Heritage Trees are
located on the subject property and a Tree Protection Plan has beffi prepared and any damage to the trees
will result in penalties as required by the City's Heritage Tree Ordinance.
As a result of conditions established as part of the Tree Protection Plan and the subsequent mitigations
recommended by the consulting arborist (Mr. McNeil) incorporated into the conditions of approval and
the additional conditions of approval ensuring, to the greatest extffit possible, the long-term protection of e
the Heritage Trees, Staff fmds the proposed project is consistent with Condition 16 and the Heritage Tree
Ordinàllee.
Condition 19. This condition requires the developer to confer with the local postal authorities to
determine the type of man receptacles necessary. A condition of approval of this SDR will address this
issue. Staff finds this project consistent with Condition 19.
ENVIRONMENTAL REVIEW:
The environmental impacts of this project were addressed under the Negative Declaration prepared for the
PA 85-035 Hatfield Development Corporation Planned Dc:vdopment Rezone, Armc:xation and Sit<o
Development Review of which the subject lots Were a part. The Negative Dcclaration was prepared in
accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and the City
of Dublin Environmental Guidelines.
CONCLUSION:
The project is in confonnity with the Dublin General Plan, City Council Resolution 82-85, the Zoning
Ordinàllce and the Heritage Tree Ordinance. The home is well sited and designed. Impacts to views will
be minimized.
RECOMMENDATION:
Open public hearing, receive Staff presentation and public testimony, question Staff, Applicant and the
public, close public hearing and adopt Resolution (Attachment I) approving the Site Development
Review, subject to the conditions listed.
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~I
1-1 (tb lOf
e GENERAL INFORMATION:
APPLICANTI
PROPERTY OWNER: Alexander Loukianoff
12 Kirk Court
Alamo, CA 94507
LOCATIONI ASSESSORS
PARCEL NUMBER:
11299 Rolling Hìl1s Drive
941-2775-030
EXISTING ZONING:
R-1
GENERAL PLAN
DESIGNATION:
Single Family Residential
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Cm. Fasulkey suggested a condition that the courtyard entrance be open to foot traffic. Ht!'"
called for a motion.
On motion by em. Machtmes with an amendment to the conditions to require an entrance at
Amador Valley and Village Parkway to be open for busil}ess and an entranéeðt the south end of .
Village Parkway to be accessible for pedestriari access, seconded by em. Fasulkey, by a 2-1-2
vote with Cm. King voting no and Cm. Nassar and Jennings absent the Planning Commission
approved
RESOLUTION NO. 04 - 40
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING A CONDITIONAL USE PERMIT FOR AMENDMENTS TO PLANNED
DEVELOPMENT PA 98-049, SITE DEVELOPMENT REVIEW AND MASTER SIGN
PROGRAM FOR ROB.ERT ENEA OFFICE AND RETAIL CENTERS
LOCATED AT 7197 VILLAGE PARKWAY, FA 03--069
RESOLUTION NO. 04 - 41
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING TENTA TIVE PARCEL MAP 8407 FOR ROBERT ENEA OFFICE AND RETAIL
CENTERS WCATED AT 7197 VILLAGE PARKWAY, PA 03-069
8.4 P A 03-040 Loukianoff Single Family House- Site Development Review for a new single e
family home on an existing lot at 11299 Rolling Hills Drive, also known as Lot 1 of Tract
5073.
Cm. Fasulkey opened the public hearing and asked for the staff report.
Andy Byde, Senior Planner presented the staff report and advised the Planning Commission
this is a Site Development Review for a new single-family home on an existing lot at 11299
Rolling Hills Drive, created by Tract Map 5073. The single-family residence is proposed to_be
2,954 square feet in size with a garage that is 587 square feet in size. On August 12, 1985, the
City Council approved P A 85-035.3 (Resolution 82-85), Hatfield Development Corporation, Inc.
Tract Maps 5072, 5073.md 5074. Lots 1 and 7 -12 of Block 1 of Tract Map 5073 were not built
upon when the rest of the homes were built in 1985. Lot 1 is the location of the subject property.
City Council Resolution 82-85 set forth the conditions of approval for the three tract maps.
Conditions 4 and 12 of that resolution require that a Site Development Review be processed for
tþe development of th.ese lots.
The home on Lot 1 that was approved by the City Council as part of the Brittany Lane/Black
Mountain Development was 3,400 square feet of living space and had a 640 square foot garage
(see Attachment 6 for copies of the previously approved site plan and floor plans. The _
previously approved residence had the following setbacks from property lines; front 28 feet; .,
side 17 feet; side 57.5 feet; and rear 43 feet. In addition, the approved residence on Lot 1 was
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shown with a 5-foot setback to the existing Valley Oak, Tree No. 353 as described by the BlaM
Mountain Heritage Tree Protection Plan.
.
Lot 1 is a "flag" lot that is 21,328 square feet in size. Access to the lot is provided via a fee title
strip of land extending to Rolling Hills Drive. The eastern one-third portion of the lot is
relatively flat, while the remaining two-thirds of the lot steeply drops off with a 30-50% slope.
The southern portion of the lot contains an existing Common Area Storm Drain Easement that
extends across the entire southern portion of the property. The Easement was granted to the
Silvergàte Highlands Owners Association by the original developer. Based upon a. field review
by the Public Works Staff, the existing Easement does not contain any pipes or other struchIres
to convey storm water.
The site plan approved as part of the Brittany Lane/Black Mountain Site Development Review
showed the distance between drip-line of Tree No. 353, located on the northern portion of the
property and the Easement on the southern portion of the property, to be 68 feet.
In April 2002, during the review of the grading plan for the seven lots, Staff determined that the
approved location of residence on Lot 1 conflicted with Tree No. 353. Specifically, the location
of the tree was between 12 feet and 20 feet beyond the location shown on the site plan the City
Council approved as part of the Brittany Lane/Black Mountain Site Development Review.
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In MaTch of 2003, the Developer of Brittany Lane/Black Mountain transferred interest to Lot 1
to Alexander Loukianoff. As a result of the information provided by the new Applicant's
designer, the distance between the Easement and the drip li!'le of Tree No. 353 is approximately
47 feet. This limited distance significantly constrains the lot. In order to contend with this
limited dimension, the Applica:nt is proposing the residence to encroach into the tree canopy,
thereby necessitating trimming of the tree.
The 2,954 square foot home would complement the architectural quality of the ¡¡urrounding
neighborhood. The residence is sited on the lot to minimize grading and impacts to views.
The Applicant is proposing the residence encroach into the drip li!'le of Tree No. 353 betweel'1 4
and 5 feet for the pop out of the kitchen and 7 feet for the lower level deck. The AppIical'1t's
Arborist, Joseph McNeil, has reviewed the proposed trimming of Tree No. 353. Mr. McNeil
determined that the proposed encroachment is within the capacity of the tree to tolerate. The
conclusions reached by Mr. McNeil were then peer-reviewed by Michael Santos of HortScience,
the same firm that prepared the original Tree Protection Plan for Brittany Lane/Black Mountain
Site Development Review. After reviewing the plans ànd Mr. McNeil's report, Mr. Santos
concurred with consulting arborist's conclusions. Staff has reviewed the site plan, the
accompanying letter from the consulting arborist and the peer review of the consulting arborist
report. Staff concurs with the proposed limited encroachment of the residence into the canopy
of Tree No. 353 and the proposed trimming would be consistent with the Heritage Tree
Ordinance.
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The project is in conformity with the Dublin General Plan, City Council Resolution 82-85, the
Zoning Ordinance and the Heritage Tree Ordinance. The home is well sited and designed.
Impacts to views will be mirumized. Staff recommends that the Planning Commission adopt
98
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Re~olution approving the Site Development Review, subject to the conditions listed and with a '
small change to Condition 18 for the last sentence to read for work on Saturdays and SundJJys.
Overtime inspection rate will apply for all after hour Saturday and Sunday work. He concluded his
presentation.
.
Cm. Fasulkey asked Staff if the original house was 3,600 sq.ft. as it was approved.
Mr. Byde stated it was 3,400 sq.ft. with an additional 200 sq.ft.larger garage.
Cm. Fasulkey a~ked the current living space.
Mr. Byde responded it is 2,950 with 550 for garage.
Cm. King asked the size of the homes fronting Rolling Hills.
Mr. Byde 5tated approximately 2,700 to 3,300 sq.ft.
Cm. King asked the purpose of no construction five feet from the drip line requirement.
Mr. Byde stated it is typically where the most sensitive root development is located.
Cm. King asked if the soil for this site is different than the soil for the Black Mountain lots.
Mr. Byde stated the other lots are very steep not allowing the soil to become compacted around
the root system. When walking along those lots, your feet typically sink into the soil, which is a
where a healthy root system will thrive. Lot 1 is different because it is a flat graded pad on that ..
portion which extends just beyond that drip line. The arborist determined that the compacted
soil is not best suited for root development. This area is the location of the proposed residence.
Cm. King asked how the soil got compacted.
Mr. Byde stated probably from being driven on it. There was probably soil distributed there
during the original subdivision improvements.
Cm. King asked if that would of harmed the tree.
Mr. Byde stated it was not the best for the tree. However, impacting a small area of the roots is
not going to damage the tree.
Cm. Fasulkey asked if there were any questions for Staff; hearing none he asked if the Applicant
was available.
Alexander Loukianoff, Owner stated his intention for purchasing that lot was to build a single
family residence that would compliment the area. He has taken into consideration his
neighbors and at street level it looks like a single story home. They worked with staff to address a
the issue and worked with an arborist to minimize the impacts to that tree. ..
Cm. Fasulkey asked where does he currently live.
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Mr. Loukîanoff responded Alamo.
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Cm. King asked if the homeowners association has approved the plan.
Mr. Loukanoff said there has been no conflict with the homeowneIs association.
Cm. Fasulkey asked if there were any members of the public that wished to address the
Planning Commission.
Mr. Bewley stated he lives on Brittany Lane and must point out some issues related to the lot.
He stated verbatim - when the first developer bought this property, the issue on the trees with
the location and the drawing of the trees, the actual survey for tIee in relationship to the homes
they had an error that they contested on either lots. I'm going to tell it straight as matter of
public record in particulaI lot eight which is one of the other lots and I presume lot one because
it is consistent. we can show an absolute fraud of the developer at that time. We have pictures
of lines where they had actually done a complete drawing and a complete survey marked with
stakes into the trees where they knew where the dxip line was. They had done a field land
survey, in it was an error. We got into a big battle - I'll withdraw fraud and caIl it very
unprofessional. Maybe they made a mistake, but let me tell you it was done by a land survey to
the inch. All of a sudden the drawings showed diHerent ~ reMan apparently they used an aerial
photograph, the shadow on the trees cast a different way there was an inconsistency. This was
a highly contested issue on lots 8 and 9. Lot 1 was part of the process because it had the tree. At
the time the original developer was insistent in to the trees and we got into a real fight of the
e interpretation of resolution 81-85 which of course had the provision that you had to go 25 feet
from the drip line. The Applicant proposed into the tree quite far on lot 8 and 9. They were
going to cut so far into the tree that we determined they were not acting in good faith. They had
a very long and lengthy appeal. We got another arborist report, which completely contradicted
their report and stated it would kilJ the tree.
Cm. Fasulkey stated to try and stay focused on the project.
Mr. Bewley said there is a lot of history and that you need to know the history. As a result of a
compromise, a house went closer to the street and 13 feet from. the curb. The Council admitted
it was a mistake. Why did it go to 13 feet is because of the trees including this tree on lot 1. In a
resolution of Feb. 20,2001, they had provision that stated No structure shall encroach within 5 feet
of the drip line of a heritage tree. They shall have a tree protection zone be established at the drip line and
110 grading, eXCllvation, construction or storage of materials shall occur within this zone.
The Council held so firmly to that - they allowed a house 13 feet from the curb and that was a
bad decision but it showed how important they held the drip line of the trees at that time.
Currently lot 8 - relevant to lot 1 is going to be before the Commission, they cannot be within 5
feet of the drip line of the tree. There are new st¡mdards and new tests, and it is not five feet
.a from the drip line of the tree. The new test is that there is a tree protection zone, redefined for
., this lot. It is defined as - an area completely surrounded around those trees to the satisfaction
of the City's arborist. New test- new standard.i
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He stated that the Planning Commission would have an issue with lot 8. The same standar(i.-\
should be applied to Jot 1 of five feet from the drip line.
Cm. King asked if at one point the margin was 25 feet from the drip line.
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Mr. Bewley stated that the original approval required an arborist report for projects within 25
feet.
Cm. Fasulkey asked if he is contesting this arborist report.
Mr. Bewley stated he is not trying to contest this arborist report but bring forth inconsistendes
that oœurred with the Black Mountain project.
Nick Loukianoff stated he agrees with some of the things Mr. Bewley said. The information he
received from the seller was fraudulent. They were very upset by that. They are willing to
conform to the City's standards. They were aware that the tree was a major concern and hired
another arborist for a second opinion. They were in agreement with the City.
Cm. Fasulkey dosed the public hearing.
Cm. King stated he is sympathetic with the Applicants being misled by the seller. What
concerns him is conflicting arborist opinions.
Cm. FasuIkey asked Mr. Byde if there are conflicting arborist opinions for this tree.
Mr. Byde said no there are no conflicting reports.
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Cm. King said he does not believe there should be an exception to the Heritage Tree Ordinance.
He cannot approve at this time.
Cm. Machtmes said he is not uncomfortable with relying on the experts.
Cm. Fasulkey said there are no life threatening factors to the tree. He is inclined to vote for thLs
project. He is not impacting any of his neighbors with view corridors and they have a rightto
build. He st'lted he does not have the heart to stop them building for five feet of Sp'lcc.
em. King appreciates the idea that the City has an arborist and he has expressed an opinion
about the tree and the Planning Commission should go along with it. He said there is
something that does not make sense on this. The 25-foot margin for the original properties and
the reduction of 5-feet margin for the other properties was established because if you build over
the roots it will kill the tree. Here is a situation where the land is already compressed and the
tree is not dying.
Cm. Fasulkey stated that is not what the study is stating. The way the soil conditiol'1S were, the
tree grew in such a shape that there are no existing roots in the location of the proposed a
residence. He asked for Staff to clarify. .,
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Mr. Bydesaid because of the ground and the compacted nature of the soil, oak tree roots wou'r'd
not and have not thrived in this location. The shape of the tree shows that it isnot growing in
tha t direction. The five-foot setback was a general recommendation from the arborist to the
.. Brittany Lane project and is not found in the Heritage Tree Ordinance. In this situation specific
.. to this tree and residence, a setback less than five feet was determined to be appropriate by the
arborist.
Cm. Fasulkey asked for a motion.
On motion by Machtmes, seconded by Cm. Fasulkey, by a vote of 2-1-2, with Cm. King opposed
and Cm. Nassar and Jennings absent the Planning Commission approved
RESOLUTION NO. 04·42
A RESOLUTION OF THE PLANNING COMMISSION
APPROVING P A 03-040 LOUKIANOFF SITE DEVELOPMENT REVIEW FOR A SINGLE-
FAMILY RESIDENCE ON AN EXISTING LOT (LOT 1) AT 11299 ROLLING HILLS DRIVE
Ms. Ram explained the City's appeal process.
8.5 P A 04-017 City-Initiated Accessory Structure Amendment to Dublin Ranch Planned
Development Zoning Districts (Phase 1, Area, A and Area F North) to allow one 120
square foot accessory structure to be exempt from lot coverage requiTements.
e Cm. Fasulkey opened the public hearing and asked for the staff report.
Kristi Bascom, Associate Planner presented the staff report and explained that the City-initiated
amendment is based on Zoning! Code Enforcement problems. The current PD regulations
restrict those homes who are at their maximum lot coverage from putting anything else on the
site, proposal would allow homeowners one 120 square foot accessory structure to be exempt
from lot coverage requirements.
In Dublin RaIlch, many of the homes are already built at the maximum lot coverage allowed by
the PlaIUled Development Zoning Districts. Since the maximum lot coverage has already b~en
reach~d, these homeowners are unable to construct any additional square footage on their
property, including any accessory structures. The purpose of this amendment is to allow a
small amount of additional construction on constrained lots, and exempt one 120 square foot
accessory structure from the lot coverage requirements for the Planned Development Zorring
Districts. This will allow homeowners to build a small shed, gazebo, patio cover, or other
similar structure as long as all other requirements of the Dublin MUIùcipal Code (including
minimum setbacks and maximum height) are met.
As a result of the size of homes being built in the Dublin Ranch neighborhoods, in most cases,
the house itself uses the maximum development potential of the lot and there is no room "left
.. over" for additional structures to be built within the lot coverage restrictions. This leaves
_ homeowners who wish to build an arbor, trellis, shed, gazebo, or other shade structure without
the ~uare footage to do so. The City's Code Enforcement Officer is finding that a majority of
" .
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RESOLUTION NO. 82-85
A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF DUBLIN
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APPROVING THE SITE DEVELOPMENT REVIEW APPLICATION
PA 85-035.3 HATFIELD DEVELOPMENTICORPORATION
INVESTEC. INC. ¡
,
,
WHEREAS, Hatfield Development Corporation-Investec,
Inc. have submitted detailed Site Development Review plans for
the 175-lot single family reeidential (70+ acres) and common open
epace (18.6. aacree) project tMat collectIvely make up Tentative
Maps 5072. ;073, and 5074 being the remaining, unrecorded single
family r'esidential portions of Tentative Map 4859 (APN 91..1-1007-
34, 7-40 and 7-44): and
WHEREAS, the Planning Commission¡did hold a public
hearing on tMe matter at their regularly scheduled meeting On
July 15, 1985: and
WHEREAS. the Planning Commission adopted Resolution
No. 85-042 recomnlending that the City Council approve PA 85-035.3
Hatfield Development Corporation -Investec;. Inc.; and
WHEREAS, proper notice of the July 15. 19$5. Planning
Commissicn a.nd the August 12, 1985, City Council public hearings
were given 10 all respects as required by law; and
WHEREAS, the Staff Report was submitted recommending
that the Site Development Review be approved SUbject to
conditions prepared by Staff and reflected i~ the Planning
Commission Resolution No. 85-01..2; and
WHEREAS, tMe City Council did hear and consider all
said reports and recommendations as herein above set forth; and
WHEREAS, the City Council considered and reviewed the
submittal information at their regularly scheduled meeting on
Au&ust 12, 1985: and
WHEREAS. the City Council had previously adopted a
Ne&ative Declaration of Environmental Significance for the
project; and
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WHEREAS.
Development Rev1ew
irnpact~
the City Council finds that the proposed Site
will not have a 3igni~icant environmental
NOW THEREFORE BE IT RESOLVED that the Dublin City
Council does hereby find:
1 The Site Development Review request ia sUbstantially
consistent with the intent and requiremente set forth within
the condìt1ons of: approval covering thi.s; property $pacifically
as set forth by Resolution No. 17-84 of the Dublin City
Council (PA 8}-073: Tentative Map Extension), the Findings and
General Provisions for the 1478th Zoning' Unit approved by
Alameda Oounty on July 20, 1981, and Resolution No. 85-33 of
the Dublin Planning Commission (PA $5~OJ$; Conditional Use
Permit) . .
2 The approval of the Site Development Review will be consistent
witM the Dublin Qeneral Plan.
3 The proposed Site Development Review reques~ will not have a
si~nificant environmsntal impact.
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ATTACHMENT '1
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4
Tne S>te Development Review request is appropriate for the
subjeot property in terms of being compatible to existing land
useõ >n 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.
The proposed Site Development Review request will not have
substantial adverse effects on health or safety or be'
suostentially detrimental to the puolic welfare, or he
injurious to property or puhlic improvements.
General site considerations, including site layout,
orientation and the location of bUildings, vehicular acceSS,
circulation and parking, setbacks, public safety. and similar
elements have bean designed to provide .8 de6irable environment
for the development.
General architectural considerations including the character,
scale and quality of the design, the architeotural
relationship, with ~he site and other buildings. building
materials, colors and similar @l~ments have been incorporated
in order to insure compatibility of this development with its
deõign concõpt and the character of adjaoent buildings and
"Use:5.
5
6
7
General landscape conaiderations including the locations,
provisions for irrIgation. maintenance and protection of
landscaped areas and similar elements have been considered to
insure visual relief to complement buildings and structures
and to provide an attractive environment for the publìc.
9 The site i5 physicalJ.y suitable for the proposed development
in that the sit" is indicated to oe geologically sat>sfac~ory
for the type of development proposed in locations as shown,
provided geological consul~ants' recommendations are followed;
and the site is in a good location regarding public services
a.nd facilities.
8
BE IT FURTHER RESOLVED TRAT the Dublin Planning
Commisõion finds that the Site Development Review PA 85-035.3 is
an integral part of the Planned Development (PD) Zoning and
?rezoning of the subject property; and
BE IT fURTHER RESOLVED that the Dublin Planning
Commission does hereby recommend that the City Council and
Planning Director approve the Site Development Review PA 85-035.3
subject to the condi~ion5 listed below:
CONDITIONS OF APPROVAL:
conditions shall
bUl n ermits.
t '8 ann n e
be
ach
artment
Unless otherwise s ecified the followin
com e w~t r or to lSsuance 0 the
item 15 su act to rev~ew en a rova
un e55 otherw ae speci le ~
1. Excep~ as specirically modified Or elaborated upon by the
conditione listed below, site development of the 89+ acre - 175
¡¡nit single family residential /common open space remainder of the
Nielsen Ranch Subdivision (Tentative Map 4$59) shall conform to
the Conditions of Approval established by Resolution No, 85-33 of
the Dublin Planning Commission approved on July 1, 1985; for City
Fil" PA 85-03$, Conditional Land Uee Perroit.
2. Development shall be generally consistent with the following
suomittals;
A. Tract 5072 Plot and Grading Plan. prepared by Wilõey and Ham
and dated received by the Dublin Planning Department MeY 17,
19$5.
_2_
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B.
Tract 5073 Plot and Grading Plan. prepared by Wilsey end Ham
and deted received by the Dublin Planning Department J~ne 6,
19B5.
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C. Tract 5074 Plot and Grading Plan, prepared by Wilsey and Ham
and dated received by the D~blin Planning Department June
lB, 1985.
D.
Floor Plan and Elevations - Dublin Heights, prepared by Emil
Benes Associatea, architecture and Planning, and dated
received by the Dublin Pla.nning Department May 17, 1985.
Dublin Heights - Exterior Color SChedule, prepared by
Hatfield Development Corporation and dated MAy 6, 1985.
Nielsen Ranch - Custom Quality Features, prepared by
" Hatfield Development Corporation, and dated July 1, 1985.
E,
F.
G.
Nielsen Ranch - Rear yard depth on lots indicatad as having
less than 15' level, prepared by Wilsey & Ham and dated
reoeived by the Dublin Planning Pepartment August 12, 1985.
Colleotively these submittals constitute Exhibit "E" on file with
the Dublin Planning Department (PA 85-038),
J. Unless otherwise stipulated in these conditions of approval
or by sub5equently approved Site Development Reviews oovering the
lots in this project, development of the single family
residential lots in this project shall oonform to the following
design criteri~j ,
Front Setback
20' minimum
Hear Se.t.back
20' minimum* (with a 15' minimum
olear and level area from building
to adjoi~ing top or toe of ~y
engineered slope area steeper. then
a three-horizontal-to-one~ve~tical
ratio) ,
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Sideyards
51 minimum and 15' aggregate
minimum (The minimum sideyard shall
be increased to a wldth of 6' to 81
wherever feasible, and shall
include a 5' minimum width clear
20ne for ci~culation and
maintenance purposes adjoining the
structure placed on each lot which
shall be clear and level. Wherever
feasible a 10' clear and level
.ope, for possible future vehicular
access to rear yard areas and for
maintenance purpoecs (excluaive of
any 4' lift or drop where front-
to~rea, split level units are
established). shall be provided
adjoining the structure placed on
each lot in this 6ubdivision. This
10' clear and level .one shall be
provided along the aideyard
adjoining the garage wherever
feaaiblé) .
Street-Side
Sideyard Setback -
15' minimum
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Except as specifically modified by the above listed design
criteri~, Qr ~s established elsewhere in õhe condition. or
approval for thi, project, the lot' developed in this project
shall be subjeCt to the guidelines or the R-1-B~E; Singh Family
Residential Combining District (with 7,000 sq. ft. m1nimum lot
8i~e and 70' minimum average width) as regards both land use
restriotiono and minimum/maximum developmept criteria.
* Rear yard setbacks for Lots 1-10 of Block 5 - Tract 5073 may
be reduced bslow this 20' stapdard as gepsrally depicted on
the Plot and Grading Plan covering those lots. Rear yard
clear and level areaS for custom, modified p¡aps apd
produotion unitS lisôed on the submittal identiried in
Condition #2.G. above may be reduced to less than the 15'
standard as generally indicated by that submittal.
4. Site grading 5§gregating in excess or fifty cubic yards
aDd/or' placement of anoHlary detached structures ag¡¡;regating ip
excess of 100 sq. ft, in size located ip excess of thirty~fivs
feet from the priDciple rssidences established on the following
lots shall not occur until a Site Development Review applicatioP
is processed pursuant to Section 8-95.0 of the Zoning Ordinance;
T,'aot 5072, nock 1. Lots 1 &: 4-6
Block 2, Loõs 7-9
7ract 5073 Blook 1, Lots 1, 3, 4 & 6-u
Block 2, Lots 1, 41 12, 13 & ¡6-21
Trac~ 5074 Block 1, Lots 2-10 & ¡4-19
Block 3, Lots 1-16 &. 18-22
5. Slope areaS with a gradient steeper then three-horizonta¡-
to-one-vertical oreated in conjunction with this project with the
resultant slope height in eXCess 0", seven feet shall be plar>ted
with 15-sallon sised trees within 60 days of the site's rough
grading. Plapting ratios to be observed for these areas shall be
one tree @ 1,000+ square feet of slope area. In addition to the
t~ees requirad at rear and/or side slope areas 1 ~ minimum or two
on-site tree shall Oe provided by the developer a¡ong the
frontage of the ¡ota established by this development. These
trees shall be of a minimum s~.e of 15-gallops and shall be of a
species determined acceptable by the Planning Department. Trees
in slope areas of ipdividual lots and within the Common Open
Area" shall be irrigated and sha¡l be maìntained by the developer
until the individual units are initially occupied and the
ownership of ~he COmmOn open areas is assumed by the Homeownerls
Association for this projecõ. Irrigation of trees within
individual lots sh~ll be by separatB irrigation systsms to be the
responõ1bility of the future individual property owner5.
6. The height of cusõom or modified ~omes shall noõ exceed
twenty-five (25) fest as measured perpendicularly from natural
grade. Skirt heights screening updevelaped. non-living space for
custom or mod:lfied homes (measured from natural grade to fin1Bhed
floor elev~tion8) shall not axceed a maximum of nine (9) feat.
Deviation and/or refinement Df these 5~a~dards may be considered
as part of the Site Development Review proca~s covering thes€
lots.
7. The design, location and materials of all fencing, and of
~ll retaining walls install by the developer, ,hall be subject to
review and approval by the Planp1ng Director. Provision of
oommon fences for all side and rear yards shal¡ be the
responsibility o.f the dsveloper. Féncing insyal¡ed by the
developer ~t the bottom or top of slopes higher than ten feet,
and/or fences of rear yards with a high visibil~ty from adjoining
down slope a.rea$1 may be designed with af). open meßh material,
subject to rev1ew and approval by the Planning Director as
regards location and. material utilized.
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[02."::0 /1;)'1
8. An adjustment to downslope fill areas shall be made below
the following lots to provide a more rounded, finished design
more rsf"lect1ve of surrounding natu.ra.l slopes;
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Tract 5072: Block 2 - Lots 7 - 9
Tract 5073; Block 3 - Lot 1
Tract 5074; Block 1 - Lots 25 - 2$
9. Stem access areas into the Common Open Space Areaa ahall be
graded to 'accomodate vehicular eptry. Final grading plans for
these areaa shall be sUbjsct to review and approval by the City
Engineer, the DSRSD - Fire Department and by the. Dublin Police
Department as regards maximum horizontal and croas slopes.
Provis10n of bollards apd/or gated access entrys to these areas
from adj01p1ng public s~raeta shall be subject to review and
approval by the same three parties.
10. Adjustment to Lots I, 2, and 23 to 26 of Block 4 of Tract
5073 shall be made to generally conform to the Staff Study
prepared for ~hat area and dated July 10, 1985. These
modifications ahall be made to increase the olear, level rear
yard area of LOt 2 and to provide a minimum 15-foot street-side
"ide yard eetbaok for Lot 23.
11. A new, Common Open Space Area shall be established
encompas5ing the bulk of the ungraded slope areas of Lots 1, 2,
12-14, and 16-19 of Block 2 - Tract 5073. Appropriate vehicular
access to this new oommon open space areash~ll be aupp11ed and
sh~ll be ~ubject to review and approval by the Planning Director,
the City Eng~neer and the DSRSD-Fire Department. Heavy irrigated
landscaping on the cut ~lope area. above ~he adjöining the cul-
de-sac bulb fo~ Cloud Court (slopes within 75 of the cul-de-eao
on Lots 12 and 13 of Block 2 ~ Tract 5073') .hall be prDvided by
the developer and maintained as part of the new cOmmOn open space
area by the project!s future Horneowner!s Association.
.
12. The twelve custom lots proposed for development within this
?roject are subject to individual, or grouped Site Devalopment
Review applications pursuan~ to Section S~95.0 of the Zoning
Ordinance. Grading for these lots snall be m1n¡mized to tne
greatest extent possible while creating reasonably sized,
funct¡onal exter101' living areas (padded yard areas and/o~ ra,ised
deck areas).
13. To the greatest degl'ee feasible, the site grading Rnd
drainage established in proximity of the north weet corner of the
adjoining Dolan School Site (APN 941-100-7-26) shall be
coo~dinat@d to provide smooth, uniform slopes and intergrated
drainage systems.
14. The adjo¡ning lands identified as the 3.5+ acre Common Open
Space Area - Parcel "D" of TePtative Map 4859 Shall be retainsd
within the I'emaining, unsubdivided portion of the N¡e1sen Ranch
holding. Access to this ares shall be provided between LDts 15
and 16 of Block 3 - Tract 5074.
15. The ?ad elevation and lot configuration of Lots 8, 22 and 23
of Block 1 - Tract 5074 shall be modified to gene~ally conform to
the Stafr Study prepared for tnat area and dated July 10, 1985.
These modirications shall be made to allow the height of the
driveway ramp for Lot 8 to be lowered a minimum of 4'-6' to
decrease its impact en adjo¡ning Lot 9.
16. Project grad1ng performed within 25 feet of the drip 11ne of
existing onsite or offsite trees shall be addressed by a
horticultural report and the recommendations and findings of that
report incol'porated into the grading and 1mprovemsnt plans of
this proj ect.
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17. The lot configurations of Lota 3 - 6 of Block 3 - Tract 5074
ahall be modified to generally conform to the Staff Study
prepared for that area and dated July 10, 19$5. These
modificat.ion. shall be made to limit. the encroachment Of Lot 4
(lot. configuration, unit placement and site grading) into the
adjoining open space lands. The required minimum clear level
ar.a at the rear of the structure developed on this lot may be
reduced to fi va feet..
1$. Grading above Custom Lots 17 - 19 of Block 2 - Tract 5074
shall be modified to provide deeper bllilding pads and a smoother,
rounder graded faoe for Ollt slopes established above these lots.
19. The developer shall confer with the local postal authorities
to determine the type of mail receptacles necessary and provide a
letter stating their satisfaction with the type of mail service
to be provided. Specific locations for such units shall be to
the satisfaction of the Postal Service.
20. Prior to the issuance of grading or building permits, a
detailed phasing plan shall be submitted for review and ~pproval
by the Planning Director indicating phasing o£ construction and
installation of p~Cj8Ct structures, road$, drainage improvemente.
improvements with common open aress and required landscaping and
irrigation improvements.
21. Signs e5~ablished for project identifica~ion (as regards to
number, sioe, loca~ion, copy and design) shall be subject to
re,iew and approvel by the Planning Director prior to
installation.
22. Prior to the issllance of building permite. the developer
5hall submit a letter documenting that the ordinance requirements
o£ the DSRSD-Fire Department have been satisfied.
23. The oonfigll~at.ion and Ilnit plotting fo~ Lots 1-5 of Block 1
_ Tract 5073 shall be modified to generally conform to the Staff
Study prepared for that area and dated July 10, 19$5. These
modifications shall be made to maximum the distance between the
st~uctures respectively at be located on Lots 3 & 4 and to allow
the propoaed headwall to be moved further up the existing swale
area and to allow a corresponding reduction of the amount of fill
placed in said swale area. Based upon hie review of the revised
plot and grading plan for these two lots. it shall be at the
Planning Direotor's discretion whether development of the two
lots shall be with custom designed structureS. The decision to
require, or not reqüire¡ custOm units shall be tied to the degree
that grading within the swale area and the related impacts to
existing vegetation is minimioed by application of the reqllired
revisions to lot configuration and unit location.
PASSED, APPROVED AND ADOPTED THIS 12th day of Augllst,
1985.
AYES,
Councilmembers Hegarty, Jeffery, Moffatt,
Vonheeder and Mayor Snyder
NOES: None
ABSENT, None
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