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HomeMy WebLinkAboutReso 002-86 K&B Prezone RESOLUTION NO. 2-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) PREZONING AND REZONING CONCERNING PA 85- 017 KAUFMAN AND BROAD OF NORTHERN CALIFORNIA, INC. WHEREAS, Kaufman and Broad of Northern California, Inc., is requesting the City prezone approximately l~.R~ acres located to the southwest of~ the City limits in the vicinity of Silvergate Drive extension to a Planned Development (PD) District and is concurrently requesting the City rezone approximately 0~4+ acres lying within the City, also to a Planned Development (PD) District; and WHEREAS, the Planning Commission did hold a series of public hearings on the project beginning with a noticed public hearing on October 7, 1985, and concluding with a public hearing on December 16, 1985, at which time the Planning Commission adopted Resolution No. 85-056 recommending approval of the Planned Development (PD) Prezoning and Rezoning request PA 85-017; and WHEREAS, proper notice of this request was given in all respects as required by law for the Planning Commission hearings and the January 13, 1985, City Council public hearing; and WHEREAS, the Staff report was submitted recommending that the application be approved subject to conditions prepared by Staff and reflected in Planning Commission Resolution No. 85-056; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony as herein set forth; and WHEREAS, the City Council finds that the proposed prezoning and rezoning are consistent with the City General Plan; and WHEREAS, the City Council has previously adopted a Mitigated Negative Declaration of Environmental Significance for this project; and WHEREAS, the City Council finds that the prezoning and rezoning will not have a significant environmental impact; and WHEREAS, the prezoning and rezoning are appropriate for the subject property in terms of being compatible to existing land uses in the area, and will not overburden public services; and WHEREAS, the prezoning and rezoning will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare, or be injurious to property or public improvements; and WHEREAS, the City Council finds that the proposed prezoning and rezoning are consistent with the City's General Plan policies; and WHEREAS, there is little or no probability that the prezoning and rezoning will be a detriment to, or interfere with, the City's General Plan; NOW, THEREFORE, BE IT RESOLVED THAT THE City Council approves the Planned Development (PD) Prezoning and Rezoning requests PA 85-017 subject to the following Conditions of Approval. Conditions of Approval PA 85-017.1 and .2 I This approval is for a multiple family residential project with a maximum of 129 units. Development shall be generally consistent with the following submittals, modified to conform with the conditions of approval outlined elsewhere in these conditions. A. Revised Tentative Map & Development Plan - Silvergate Hiqhlands Townhouses, prepared by Ferguson & Wollman, and dated received by the Planning Department on December 12, 1985, as further modified by the two Staff Studies prepared by the Dublin Planning Department, dated December 12, 1985. B. Preliminary Landscape Plan - Silverqate Highlands Townhomes, prepared by Cardoza, Dilallo & Harrington and dated received by the Planning Department on February 15, 1985. C. Floor Plans and Elevations labeled Silvergate Highlands - Townhomes Preliminaries, prepared by D.W.S., Inc. and dated received by the Planning Department on April 3, 1985. D. Conceptual Erosion & Sedimentation Control Plans, prepared by Ferguson and Wollman and dated received by the Planning Department on April 3, 1985. E. Lattice Work Detail, dated received Planning Department on April 3, 1985. by the F. Typical Deck Section and Redwood Retaininq Wall Detail, prepared by Ferguson & Wollman and dated received by the Planning Department on April 3, 1985. G. Martin Canyon Creek Study - Sections, prepared by Ferguson & Wollman and dated received by the Planning Department on April 3, 1985. 2 Site Development Review approval shall be secured prior to the recordation of the Final Map or the issuance of building or grading permits. The Site Development Review shall implement these following conditions of approval concerning the physical development of the project. 3 Ail units shall contain standard and currently available energy saving devices, and shall be insulated in accordance with Title 24, State of California Administrative Code. Evidence shall be provided to the Building Official from P.G.& E. that the units meet P.G.& E.'s requirements of the "Energy Conservation Home Program", if it still exists at the time the units are to be constructed. 4 The project architect, or civil engineer, shall provide a letter to the Planning Director or Building inspector stating that water conservant toilets, shower heads, faucets, and automatic dishwashers with low flow cycles have been installed in the units. 5 Except as may be specifically provided for within these conditions of approval, the development shall comply with the City of Dublin Residential Condominium Development Guidelines. Except as may be specifically provided for within these conditions of approval, the development shall comply with City of Dublin Site Development Review Standard Conditions. 6 After the project has been completed, and subject to observing any minimum and maximum dimensions specified in the approved plan: -2- a. In the common areas, plant materials, fences, paving materials, and similar features may be added or replaced, in kind. arbors, landscape b. Any construction, repair or replacement which would occur in the normal course of maintenance of the common areas as the project matures may occur subject to the securing of any permits or paying fees required by other ordinances. 7 Except as may be specifically provided for within these conditions of approval, development shall comply with City of Dublin Police Services Standard Residential Building Security Requirements. 8 Light standards (freestanding, pedestrian and/or wall mounted) utilized in this project shall be of a design which shield the light sources from view from off-site. Light standards used shall be subject to review and approval by the Planning Director as regards design, location, number and illumination intensity. 9 The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Conditional Use Permit review process or, depending on the magnitude of the modification, submittal of a new Planned Development Rezoning submittal. Changes to the proposed finished floor elevations and site grading shall not exceed a maximum deviation of two feet from the elevations indicated on the Revised Tentative Map and Development Plan, dated received December 12, 1985. 10 Handicapped ramps and access as required by Title 24, State of California, shall be provided (parking and walkways serving onsite recreational facilities). Handicapped parking stalls, appropriately signed, shall be provided evenly throughout the project. 11 Covenants, Conditions and Restrictions (C.C.& R.'s) shall be established for this development. The C.C.& R.'s shall be approved by the Planning Director prior to the recordation of the Final Map. The C.C.& R.' assure that: s shall be reviewed and approved by the City to Se There is adequate provision for at least the maintenance in good repair of all commonly owned facilities, property and landscaping including but not limited to; open space, common parking and driveway areas, lighting, recreation facilities, landscape and irrigation facilities, fencing, exterior of all buildings, and drainage and erosion control improvements. be Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided to each buyer prior to the time of purchase. Co The Association shall keep the City Planning Department informed of the current name, address, and phone number of the Association's official representative. -3- 12. 13. 14. 15. 16. 17. dm Payment of the water and street lighting bills (maintenance and energy) and maintenance and repair of storm drain lines are the obligations of the Homeowners' Association, unless paid for through a Lighting and Landscape Maintenance Assessment District. ee Each buyer is to sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowners' Association and the Conditions, Covenants, and Restrictions applying to the development. fe The Homeowners' Association shall contract with, or be advised (as to how to handle maintenance operations) by a professional management firm. No exterior parking of recreational vehicles or boats may occur for a period longer then twenty-four (24) hours within this development. he The C.C.& R.'s shall prohibit the use of guest parking areas by project residents. The C.C.& R.'s shall include a statement outlining the obligations of the property owner to be responsible for public liability in case of injury in connection with public utility easements, and for maintenance of the private vehicle access ways and utility trenches in public utility easements. They shall further be void of any mention of future dedication of the access way to the City as a public street. Restrict the recoloring, refinishing, or alteration of any part of the exterior or any building until the Owner or Declarant first obtains approval from the related City of Dublin Departments. The developer and/or his representatives shall notify the Department of Fish and Game, P. O. Box 47, Yountville, California 94599 of any construction activity proposed in conjunction with this project that may affect Martin Canyon Creek in accordance with Section 1601 and 1602 of the Fish and Game Code. If determined necessary by the Department of Fish and Game, a Streambed Alteration Agreement shall be secured by the developer. The use of entrance gates to this project are specifically disallowed. At least one smoke/fire detector shall be provided in each residential unit. A fire alarm system acceptable to D.S.R.S.D. - Fire Department and the Planning Department - shall be provided for in this project. A pedestrian circulation plan shall be submitted as part of the Site Development Review materials. The plan shall include section details of the pathway system and a detailed lighting plan. Heating of the pool facility shall be by a solar heating system (which may be supplemented by a gas heater), the location and design of which shall be reviewed as part of the Site Development Review. The developer shall submit documentation that the number/size/location/design of the solar collector panels will suffice to provide adequate pool heating for a reasonable length of time in each calendar year. The at-grade patios shall be individually fenced and landscaped. Individual hose-bibs for each ground level unit patio area shall be provided by the developer. The layout of the enclosed patio areas (as regards size and placement -4- 18. 19. 20. 21. 22. 23. 24. 25. 26. of concrete patio pads and the design of the enclosing fencing and retaining walls) shall be subject to review and approval as part of the Site Development Review submittal. The developer shall contribute $30,000.00 towards the required fee contribution for the improvement of the Silvergate Drive/San Ramon Road intersection to mitigate traffic impacts. The necessary off-site traffic improvements along Silvergate Drive shall be made as called for by the traffic impact analysis report prepared for this project and/or as determined necessary by the City Engineer. This work shall include revisions to medians and/or adjustment of through- lane markings and/or other similar work as determined necessary by the City Engineer. There shall be compliance with the requirements of the DSRSD -Fire Department, the Alameda County Flood Control and Water Conservation District (see letters of 3-5-85 and 4- 11-85), and the City Engineer's requirements (as outlined in part on the memo dated May 7, 1985). Written statements from each agency approving the plans over which it has jurisdiction shall be submitted to the Planning Department prior to the issuance of building or grading Permits or the installation of any improvements related to this project. Ail utilities to and within the project shall be undergrounded. Common water meters may be used, subject to review by the City Staff and DSRSD. Utilities for each unit shall be individually metered. Ail meters shall be screened from view within an enclosure that is compatible in design and materials to that of the building to which it is installed. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals. The system shall be designed as acceptable to DSRSD. Developer shall furnish and install signs stating "Private Street" and "Fire Access - Park in Designated Locations Only" along private streets. Guest parking spaces shall be designated by sign, paint or equal. Fire hydrants at the locations approved by the DSRSD-Fire Department shall be installed and operable, to the satisfaction of the DSRSD-Fire Department, prior to combustible construction. Provide a raised blue reflectorized pavement marker in the center of the private vehicle accessways at each fire hydrant. Prior to final inspection and occupancy of any units: a. Storm drainage facilities shall have been installed as approved by the City Engineer. 0 Fire protection devices shall have been installed, be operable, and conform to the specifications of and inspections by the Dublin San Ramon Services District Fire Department. Ce A 6" high concrete curb (minimum), or "rolled-curb" of a design acceptable to the City Engineer, to separate all paved parking and passageway areas from landscaped areas shall have been installed. -5- 27. 28. 29. 30. 31. 32. d. Cable TV hook-up shall be provided to each unit. eo As-built drawings showing the locations of all underground utilities (water, storm and sanitary sewer, gas, electric, telephone, and cable TV) shall be provided to the City. fe Street name signs, bearing such names as are approved by the Planning Director, shall have been installed. Prior to occupancy of any unit, each phase of development (landscaping, irrigation, fencing, and landscape lighting in accordance with approved landscape and erosion control plans) shall have been installed, or a bond or letter of credit for the landscaping, lighting, appurtenant structures, and irrigation system shall be provided to the City. A statement from the Project Landscape Architect certifying that landscaping has been installed under his/her supervision and is in accordance with approved plans shall be submitted to the Building Official and Planning Director. Construction of the private vehicle accessways shall conform to the following: so Backfill of all utility trenches and pavement design in private vehicle accessway areas shall meet standards for public streets. be The developer or the project's homeowners' association shall covenant and be responsible for the maintenance of all facilities in the private vehicle access way which are not maintained by a public utility agency. Ce The connection between the private vehicle accessways and the public street shall be by a standard driveway type of connection. Driveway throat width (at back of sidewalk) shall be the same as the vehicle accessway. Safety lighting is to be provided on private vehicle accessways and on pedestrian-way facilities connecting thereto. Lights shall utilize "vandal resistant" enclosures, and shall have sufficient power and spacing to provide an adequate maintained foot candle level. Approval of this Planned Development is for two years as is specified in Section 8-31.2(b) of the Zoning Ordinance. As part of the submittal for a grading plan, the developer's engineer shall field survey Martin Canyon Creek and perform the necessary hydrologic calculations to establish the capacity of that section of Creek extending from the southeast corner of the Nielsen school property to the southwest corner of the subject property (approx. 2,800 feet in length). Should the Creek not handle the 100-year storm flow, the developer shall be responsible for installation of improvements designed so that this capacity is met, with an effort to maintain the natural appearance of the Creek. The following Creek setbacks shall be adhered to: For existing banks of 2:1 slope (horizontal over vertical) or steeper, the setback is established by drawing a line at 2:1 slope from the toe of the existing bank to a point where it intercepts the ground surface and then adding 20 feet. Where the existing bank is 2:1 or flatter, the setback shall be 20 feet from the top of the bank. The following information shall be provided to determine an adequate setback from the creek and for the required hydrologic calculations: -6- 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. a. The precise location, both horizontal and vertical, of the Creek centerline and toes and tops of both sides of the creek. b. Cross sections of the Creek at intervals acceptable to the City. Sections at 100' intervals are typical; more frequent sections may be required. The developer's engineer shall develop the expected truck length and turning radius criteria to use the private streets (fire equipment, delivery, garbage or moving trucks, etc.) and design the curb radii accordingly and submit this data and design criteria with the Site Development Review application. Wheel stops within the project shall be the curb at the end of the parking stalls. Parking stalls shall be a minimum depth of eighteen feet. On-site circulation shall be constructed to private vehicle accessway standards as acceptable to the City Engineer. Prior to final preparation of the subgrade and placement of base materials, all underground utility mains shall be installed and service connections stubbed out beyond curb lines. Public utilities and sanitary sewers shall be installed in a manner which will not disturb the street pavement, curb, and gutter when future service connections or extensions are made. Prior to filing for building permits, precise plans and specifications for street improvements, grading, drainage (including size, type and location of drainage facilities both on- and off-site) and erosion and sedimentation control shall be submitted and subject to the approval of the City Engineer. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in a site- specific/project-specific soils and geotechnical report which shall be submitted for review and approval by the City and shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of erosion, settlement and seismic activity. Roof drains shall be tied into the storm drain system by a manner approved by the City Enginer. Dust control measures, as approved by the City Engineer, in conjunction with the projects improvement plans, shall be followed at all times during grading and construction operations. Construction and grading operations and delivery of construction materials shall be limited to weekdays (Monday through Friday) and the hours from 7:30 a.m. to 5:30 p.m., except as approved in writing by the City Engineer. Developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris and clean up shall be made during the construction period, as determined by the City Engineer. Prior to commencement of construction of any structures site grading shall conform with the recommendations of the project soils engineer, to the satisfaction of the City Engineer. A declaration by the soils engineer that he has supervised grading and that such conformance has occurred shall be submitted. -7- 44. 45. 46. 47. 48. 49. Prior to final inspection of buildings: The following shall have been submitted to the City Engineer: 1) An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations, as-graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. 2) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. 3) A declaration by the Project Civil Engineer and Project Geologist that all work was done in accordance with the recommendations contained in the soil and geologic investigation reports and the approved plans and specifications. Prior to any grading of the site, a detailed plan covering grading (including phasing), drainage, water quality, erosion and sedimentation control for construction and the post- construction period shall be prepared by the Project Civil Engineer and/or Engineering Geologist, and shall be approved by the City Engineer. Said plans shall include detailed design, location, and maintenance criteria of all erosion and sediment control measures. The plans shall attempt to insure that no increase in sediment or pollutants from the site will occur. The plan shall provide for long-term maintenance of all permanent erosion and sediment control measures Measures shall be taken to contain all trash, construction debris, and materials on site until disposal off-site can be arranged. The developer shall be responsible for corrective measures at no expense to the City. If during construction, archaeological or historical remains are encountered, construction in the vicinity shall be halted, qualified archaeologist consulted, and the Planning Department notified. If, in the- opinion of the · archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. Unit address information and directories shall be provided to the satisfaction of the DSRSD - Fire Department, Postal Service, Police Services, and Dublin Planning Department. Parkland dedication fees shall be paid prior to the issuance of building permits, or prior to recordation of the Final Map, whichever occurs first. The City Engineer shall calculate the in-lieu fee based upon the Subdivision Ordinance. For in-lieu fee calculation purposes, the preliminary park dedication land required is 50,573 sq. ft. (assuming 129 units at a dedication of 0.009 acres/du). Final calculations shall be at the issuance of building permits or at the approval of the Final Map, whichever occurs first. Should the project be phased: Se The undeveloped area shall be maintained as acceptable to the DSRSD - Fire Department and shall be kept free of trash and debris. A road system of a design determined acceptable to the City Engineer and the Planning Department shall be installed. Co Each phase shall be landscaped and developed such that should construction of subsequent phases be delayed, the constructed phase(s) will appear as a completed project. -8- 50. 51. 52. 53. 54. 55. The landscape buffer along the north and east sides of the east half of the project shall be installed as part of the first phase of development on that side of Silvergate Drive. The recreation facilities for the half of the project under development in the initial phase(s) shall also be installed as part of the first phase of development. Should the units be initially occupied as apartment units, the following reports shall be filed with, and approved by, the City Engineer at the time the units are put up for individual sale. so a report by a licensed roofing contractor certifying that the roofs of all the structures are in good condition and not likely to be in need of replacement for at least 10 years. be a report by a Professional Engineer attesting that the structure of all buildings, pavements, storm drainage facilities; and the interior and exterior plumbing, electrical systems, and utility and mechanical equipment to be owned in common, or as part of the individual condominiums, are in good and serviceable condition; Co a report by a licensed painting contractor certifying that painting throughout the project is in good condition and that the building exteriors should not require repainting for at least five years. de a report by a licensed termite and pest control specialist certifying that the structures are free of infestation and structural damage caused by pests. Special private storage areas of at least 120 cu. ft., per unit shall be provided within, or adjacent to, each unit (equivalent space within the garage may be utilized to satisfy this requirement). Details of the location and design of these areas shall be supplied within the Site Development Review submittals. Should the units be initially occupied as apartment units, all appliances shall either be replaced with new units or be warranted to the values of new appliances at such time as the units are put up for individual sale. Prior to the issuance of building permits, the developer shall submit the appropriate documentation to demonstrate that all proposed development shall meet or exceed applicable state noise attenuation requirements. Information detailing the design, location and materials of all fencing, and of retaining walls over two feet in height, shall be submitted as part of the Site Development Review and shall be subject to review and approval of the Planning Director. Design and material of fences shall be compatible with existing fencing in the vicinity of the project. The existing riparian corridor vegetation situated along the property's Martin Canyon Creek frontage shall, to the greatest extent, possible be retained in its present form. The trees currently existing on site which are located outside the riparian corridor shall be retained wherever reasonably feasible. The exact location of building groupings, driveways, fences and walls, and the specific unit mix of units in the building groups adjoining the Creek shall be subject to detailed review through the Site Development Review to determine which trees can be reasonably retained. The identified mitigation measures of the site-specific tree preservation program shall be incorporated into the project's grading, drainage and site development plans to the greatest extent feasible. -9- 56. 57. 58. 59. 60. 61. 62. 63. The developer shall be responsible for the development and recordation of an appropriate agreement, which shall be subject to review and approval by the City Attorney, which assures provision of the vehicular/ pedestrian/bicycle cross access between the two portions of this project and provides for the joint use of the recreation facilities developed in the respective halves of the project. Public utility easements shall be established for the electric distribution system and to provide for lines for the Telephone Company. There may be one sign established at each entrance to the project for project identification purposes (a maximum of four signs). The location, copy and design of the signs shall be subject to review and approval as part of the Site Development Review submittal. The developer shall confer with the local postal authorities to determine the type of centralized mail receptacles necessary and provide a letter stating their satisfaction at the time the Site Development Review submittal is made. Specific locations for such units shall be to the satisfaction of the Postal Service and the Dublin Planning Department. If centralized mail units are not required, the developer shall provide written documentation from the Postmaster stating the exemption. If the subject project is not subdivided, as proposed under Subdivision 5410, the project shall remain subject to the conditions of approval established for that subdivision, as determined applicable by the City Engineer and the Planning Director. The number of two-foot finished floor elevation splits on the western portion of the project shall be increased to 21+ splits (from the 18 splits proposed by the applicant with the additional splits between Units #129 and #130, #74 and #65, and #96 and #97) and the number of splits on the eastern portion be increased to 20+ splits (from the 18 splits proposed by the applicant with the additional splits between Units #23 and #24 and #29 and #30). The use of the additional finished floor elevation splits shall be made to make the site's grading plan more sensitive to the existing topographic layout of the site to increase the amount of usable areas surrounding the units, allow better coordination of individual unit driveways to internal roadway grades and to allow a decrease in the height and depth of both perimeter and interior slopes. To that extent, the exact number and location of finished floor elevation splits utilized shall be determined through the Site Development Review process. Additional use of 1' to 3' high retaining walls shall be made across both portions of the project to accomplish the same design goals outlined in Condition #61. The location, height, and design of retaining walls shall be determined through the Site Development Review process. The design of retaining walls and/or slope gradients at the front and rear of adjoining units where two-foot finished floor elevation changes are utilized to allow the grade transition between adjoining yards shall also be subject to review and approval through the Site Development Review process. Slopes for areas adjoining both public and private roadways shall be modified to maximize the level areas available for landscape treatment and for general safety consideration. Where these changes occur shall be subject to review through the Site Development Review process. Special care shall be taken to assure grades extending away from the public -10- 64. 65. 66. 67. 68. 69. right-of-way do not immediately change in slope to create hazardous conditions and areas that will be difficult to landscape. To provide an area of appropriate size, location, configuration, and slope for use as an on-site active recreation area, Unit #74 shall be eliminated from its current location in the project. The mix of units in the resultant Building Group shall be subject to review and approved through the Site Development Review process. The eliminated unit may be added back to the project into Building Grouping #65-#68 as generally depicted on the Staff Study dated December 12, 1985, and labled "Western Active Recreation Area." These changes, along with the addition of the required finished floor elevation splits, shall be made to yield a relatively rectangular, level area of one-third of an acre in size. The area shall be developed with an active recreation facility such as a pool complex. The type of facility developed, and its exact layout, shall be subject to review and approval through the Site Development Review process. Deleted. Modifications to the area adjoining Building Groups #61-#64 shall be made to provide a relatively rectangular, level area of approximately one-quarter of an acre in size. To provide for this, site plan modifications as generally depicted in the Staff Study dated December 12, 1985, and labeled "Eastern Recreation Area", including the elimination of Unit #43 shall occur. The mix of units in the resultant Building Group shall be subject to review and approval through the Site Development Review process. Project fencing where the adjoining land use is single family residential shall be with six-foot high heavy wooden fencing. Fencing along the Hansen property shall also be with a heavy six-foot solid fence. To provide additional project cohesiveness and to mitigate potential hazards where sloping areas will be established along the public right- of-ways, the site plan shall be modified to provide a flat area extending from the back edge of the sidewalk into the project with a minimum dimension of seven feet (as measured to the nearest top or toe of slope) along the entire length of the project's public street frontage. This area shall be heavily landscaped. The open peninsula along the creek at the southeastern corner of the eastern portion of the project shall be developed as a passive recreation area. Landscape screening and a tie-in to the pedestrian walkway network and the open area adjoining Building Groups #39-#43 and #61-#64 shall be provided for the recreation uses established at this location. This peninsula area shall be tied into the pedestrian walkway network as a destination point through the use of landscape treatment and benches along the walkway. Prior to the issuance of building permits, the developer shall be responsible for the development and recordation of a document which would allow, to the extent controllable by the developer, the placement of fill in the 325' ~ strip lying below the fencing/trellis structures proposed on the south side of Building Groups #96-#100 and #101-#104 (extending 10' + into the property from the south property line) that may be desirable to be placed in this area in conjunction with development of the adjoining section of the Hansen property (APN 941-110-1-5). Should placement of that fill material take place, costs of modifying fence locations, drainage facilities or landscaping and irrigation improvements for that area receiving fill shall be borne by the developer of the Hansen property. The document shall be subject to review and approval by the City Attorney. The document shall stipulate that the intent of the envisioned -11- 70. agreement~ is to provide a smooth, well-planned transition between the two develOpm~nts ultimately established on the respective properties. If the project is developed in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Phasing Plan approved by the Planning Department. No occupancy shall be allowed until the entire area, or approved phase, is finished, safe, accessible, provided with all reasonable expected services and amenities, and completely separated from remaining additional construction activity. Any approved Phasing Plan shall have sufficient cash deposits and other assurances to guarantee that the project and all associated improvements shall be installed in a timely and satisfactory manner. Any approved Phasing Plan shall also include written acknowledgements from the property owners and any and all occupants or tenants to be filed with the Planning Department. Said acknowledgements for a subdivision shall be part of the settlement documents between the developer and the buyer. PASSED, APPROVED, AND ADOPTED THIS 13th day of January, 1986. AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT: None · ~4ayo . ATTEST: -12-