HomeMy WebLinkAboutPC Reso05-46 Rec CC Storm Water Quality Basin SDR
RESOLUTION NO. 05 - 46
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
RECOMMENDING THAT THE CITY COUNCIL APPROVE A SITE DEVELOPMENT
REVIEW APPLICATION FOR A STORM WATER QUALITY CONTROL BASIN ON A
PORTION OF THE PLANNED DEVELOPMENT DISTRICT KNOWN AS DUBLIN RANCH
AREA H LOCATED WITHIN THE EASTERN DUBLIN SPECIFIC PLAN AREA NORTH OF
INTERSTATE HIGHWAY 580 AND SOUTH OF THE PROPOSED EXTENSION OF DUBLIN
BOULEVARD
P A 05-005
WHEREAS, the Applicant, James Tong (representing Chang Su-O Lin, Hong Yao Lin & Hong.
Lien Lin), submitted an application for a Site Development Review for an 11.193-acre lot located within
the area known as Area H of Dublin Ranch in the Eastern Dublin Specific Plan Area. The project site is
known as the Storm Water Quality Control Basin (WQCB). The application also includes a Stage 2
Development Plan; and
WHEREAS, the Project Site generally is located north oflnterstate Highway 580 (I-580), south
of the proposed extension of Dublin Boulevard and between the proposed extensions of Brannigan and
Keegan Streets in an area designated as Tassajara Gateway in the Eastern Dublin Specific Plan area; and
WHEREAS, on August 9, 2005 the Planning Commission adopted Resolution 05-
recommending City Council approval of a Stage 2 Development Plan; and
WHEREAS, in 2000 an Initial Study was prepared for P A 98-070, the Stage 1 Planned
Development approval for Area H (SCH #99-1120412), and a determination was made that the project is
within the scope of the Eastern Dublin Specific Plan and General Plan Amendment, for which a Program
ElR was certified (SCH #91-103064) in 1993 including revisions to Part 1 of the Responses to Comments
relating to the Kit Fox, the Addendum to the DEIR dated May 4, 1993, and a DKS Associates Traffic
Study dated December 15, 1992 ("Eastern Dublin ElR"). The City also adopted a mitigation-monitoring
program, which included numerous measures intended to reduce impacts from the development of the
Eastern Dublin area. The timing for implementation of these mitigation measures is summarized in the
adopted Mitigation and Monitoring Program matrix; and
WHEREAS, the Initial Study prepared for PA 98-070, the Program ElR along with all subsequent
Supplements, and the adopted Mitigation and Monitoring Program have been determined adequately to
address anticipated environmental impacts resulting trom the proposed project for the purpose of
compliance with CEQA; and
WHEREAS, a staff report, dated August 9, 2005 and incorporated herein by reference, describes
and analyzes the Project; and
WHEREAS, the Plarming Commission reviewed the staff report and previously prepared
environmental documentation at a duly noticed public hearing held on August 9, 2005, at which time all
interested parties had the opportunity to be heard.
NOW, THEREFORE, BE IT RESOLVED that the Plarming Commission of the City of Dublin
does hereby make the following findings and determinations regarding the Site Development Review (P A
05-005):
A. Approval of the storm water quality control basin is consistent with the purpose and intent of
Chapter 8.104, Site Development Review of the Dublin Zoning Ordinance.
B. The storm water quality control basin, as conditioned, is consistent with the policies of the
General Plan, the Eastern Dublin Specific Plan, the Stage 2 Development Plan PA 05-005, and
with all other requirements of the Dublin Zoning Ordinance.
C. The storm water quality control basin, as conditioned, 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 the development is consistent with all laws and ordinances
and implements the Eastern Dublin Specific Plan and Dublin General Plan.
D. The proposed site development, including site layout, vehicular access, circulation, setbacks,
height, walls, public safety and similar elements, has been designed to provide a desirable
environment for the development. No structures or on-site parking is proposed.
E. The subject site is physically suitable for the type and intensity of the proposed storm water
quality control basin because it is a level site with area and dimensions that will accommodate
the proposed use.
F. The storm water quality control basin will not impact views because the proposed project
conforms with the Eastern Dublin Scenic Corridor Policies and Standards.
G. Impacts to existing slopes and topographic features are addressed because the property is flat
and there are no significant topographic features.
H. Architectural considerations, including the character, scale and quality of the design, the
architectural relationship with the site and other buildings, including color 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 development with the development's design concept or theme and
the character of adjacent buildings anticipated for Area H..
1. Landscape considerations, including the location, type, size, color, texture and coverage of
plant materials, provisions, and similar elements have been considered to ensure visual relief
and an attractive environment for the public.
J. The approval of the Site Development Review for a storm water quality control basin IS
consistent with the Dublin General Plan and with the Eastern Dublin Specific Plan.
BE IT FURTHER RESOLVED that the Planning Commission of the City of Dublin does hereby
find that the proposed Site Development Review:
will be harmonious and compatible with existing and future development in the
surrounding area.
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will occur within the Dublin City limits on a site that is plarmed to be surrounded by urban
uses;
will not displace habitat for endangered, rare, or threatened species;
will not result in any significant negative effects relating to traffic, noise, air quality, or
water quality; and;
is an improvement that will satisfy the requirements of the Regional Water Quality Control
Board to implement a storm water management plan.
BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the City
Council approve the Site Development Review application, PA 05-005 for Storm Water Quality Control
Basin Dublin located within Area H of Dublin Ranch as generally depicted on the plans prepared by
Conger, Moss & Guillard labeled Attachment I to the August 9, 2005 Staff Report dated received July 22,
2005 stamped approved, and on file with the Community Development Department; and, the Applicant's
written statement, subject to the following conditions:
CONDITIONS OF APPROVAL:
prior to the issuance of
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
GENERAL - SITE DEVELOPMENT REVIEW
1. Site Development Review approval. Approval of SDR P A PL On-going Planning
05-005 is subject to the approval of the recording of Final
Parcel Map 8640 and a Stage 2 Development Plan Review for
Lot 3 of Parcel Map 8640 (pA 05-005). The Applicant shall
comply with all standard site development review conditions,
if applicable, attached hereto as Exhibit A.
2. Permit Expiration. Construction or use shall commence PL On-going DMC
within one (I) year of Permit approval, or the Permit shall 8.96.020.D
lapse and become null and void. Commencement of
construction or use means the actual construction or use
pursuant to the permit approval, or, demonstrating substantial
progress toward commencing such construction or use. Ifthere
is a dispute as to whether the Permit has expired, the City may
hold a noticed public hearing to determine the matter. Such a
determination may be processed concurrently with revocation
proceedings in appropriate circumstances. If a Permit expires,
a new application must be made and processed according to
the requirements of this Ordinance.
3. Time Extension. The original approving decision-maker may, PI. On-going DMC
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
upon the Applicant's written request for an extension of 8.96.020.E
approval prior to expiration, and upon the determination that
any Conditions of Approval remain adequate to assure that
applicable findings of approval will continue to be met, grant a
time extension of approval for a period not to exceed 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.
4. Revocation of permit. The permit shall be revocable for PI. On-going DMC
cause in accordance with Chapter 8.96 of the Dublin Zoning 8.96.020.1
Ordinance. Any violation of the terms or conditions of this
permit shall be subject to citation.
PROJECT SPECIFIC - SITE DEVELOPMENT REVIEW
5. Clean up. The Applicant/Developer shall be responsible for PI. On-going
clean up and disposal of project related trash and for
maintaining a clean, litter-free site.
6. Controlling Activities. The Applicant /Developer shall PI. On-going
control all activities on the project site so as not to create a
nuisance to the surrounding businesses and residences.
7. NoiselNuisances. No loudspeakers or amplified music shall PI. On-going
be permitted to project or be placed outside of the building.
8. Accessory Structures. The use of any accessory structures, PI. Installation of
such as storage sheds or trailer/container units used for storage Accessory
or for any other purpose, shall not be allowed on the site at any Structure
time unless a Temporary Use Permit is applied for and
approved.
9. Fees. Applicant/Developer shall pay all applicable fees in PI. Construction
effect at the time of building permit issuance, including, but
not limited to, Planning fees, Building fees, Traffic Impact
Fees, TVTC fees, Dublin San Ramon Services District fees,
Public Facilities fees, Dublin Unified School District School
Impact fees, Alameda County Fire Services fees, Alameda
County Flood and Water Conservation District (Zone 7)
Drainage and Water Connection fees; or any other fee that
may be adopted and applicable.
10. Public Art Contribution. Applicant/Developer shall work PI. On-going
with the City's public art coordinator towards the installation
of public art.
11. Requirements and Standard Conditions. The PI. Issuance of
Applicant/Developer shall comply with applicable Alameda Building
County Fire, Dublin Public Works Department, Dublin Permits
Building Department, Dublin Police Services, Alameda
County Flood Control District Zone 7, Livermore Amador
Valley Transit Authority, Alameda County Public and
Environmental Health, Dublin San Ramon Services District
and the Califomia Department of Health Services
requirements and standard conditions. Prior to issuance of
building permits or the installation of any improvements
related to this project, the Developer shall supply written
statements !Tom each such agency or department to the
Planning Department, indicating that all applicable conditions
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
required have been or will be met.
12. Required Permits. Applicant/Developer shall obtain all PI. Construction
necessary permits required by other agencies (e.g., Alameda
County Flood Control District Zone 7, Alameda County
Health Agency (if necessary), State Water Quality Control
Board, etc.) and shall submit copies of the permits to the
Department of Public Works.
13. Ordinances/General Plan Policies. Applicant/Developer PI. Through Planning
shall comply with the Subdivision Map Act, City of Dublin completion
Subdivision Ordinance, City of Dublin Zoning Ordinance,
Public Works Policies, and the City of Dublin General Plan
and the Eastern Dublin Specific Plan.
14. Removal of Obstructions. Applicant/Developer shall remove PI. Construction Planning
all trees including major root systems and other obstructions
from building sites that are necessary for public improvements
or for public safety as directed by the soils engineer and
Director of Public Works.
15. Geographic Information System. Once the City PI. Planning
Engineer/Public Works Director approves the development
project, a digital vectorized file on floppy or CD of the
Improvement Plans shall be submitted to the City and DSRSD.
Digital raster copies are not acceptable. The digital vectorized
files shall be in AutoCAD 14 or higher drawing format or
ESRI Shapefile format. Drawing units shall be decimal with
the precision of 0.00. All objects and entities in layers shall be
colored by layer and named in English, although abbreviations
are acceptable. All submitted drawings shall use the Global
Coordinate System of USA, Califomia, NAD 83 California
State Plane, Zone III, and U.S. foot. Said submittal shall be
acceptable to the City's GIS Coordinator.
16. GradinglSitework Permit and Security. Pursuant to PI. Grading Planning
§ 7 .16.620 of the Municipal Code, the Applicant shall obtain a
GradinglSitework Permit tram the Public Works Department
that governs the installation of required site improvements.
Said permit will be based on the final set of improvement
plans to be approved once all plan check comments have been
resolved.
As a condition of issuance of said permit, Improvement
Security shall be posted to guarantee the faithful performance
of the permitted work. Such security shall be in the form of
cash, a certified or cashier's check, a letter of credit, or a
permit bond executed by the applicant and a corporate surety
authorized to do business in California. The amount of the
security will be based on the estimated cost of the site work
(excluding the building). The applicant shall provide an
estimate of these costs for City review with the first plan
submittal.
17. Improvement Plans. The Applicant /Developer's Engineer PI. Construction Planning
shall prepare final improvement plans for review and approval
by the Director of PubJic Works. Said Improvement plans
shall be based on the Site Plan and otheæreliminary plans in
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CONDITION TEXT
Exhibit A and include, but are not limited to, pIan and profile,
storm drainage, utility, striping, new pavement sections per the
approved project soils report, and details for the project to the
satisfaction of the Director of Public Works. The
Applicant/Developer's Engineer shall obtain the City of
Dublin's On-Site Check List !Tom the Public Works
Department and shall address any and all items applicable to
the project. Said Check List shall be part of these conditions
of approva1.
18. Emergency Vehicle Access Easement Dedications. PI.
Applicant/Developer shall dedicate all needed emergency
vehicle access easements !Tom each adjacent public street to
all fire access roads surrounding the site and buildings as
defined by Alameda County Fire Department and to the
satisfaction of the Director of Public Works.
19. Construction Noise Management Program/Construction PI.
Impact Reduction Plan. Applicant/Developer shall conform
to the following Construction Noise Management
Program/Construction Impact Reduction measures:
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 Tassajara Road to Dublin
Boulevard. An Oversized Load Permit shall be obtained
from the City prior to hauling of any oversized loads on
City streets. Truck traffic shall be restricted to outside the
peak traffic hours.
b. The construction site shall be watered at regular intervals
during all grading activities. The !Tequency of watering
should increase if wind speeds exceed 15 miles per hour.
Watering should include all excavated and graded areas
and material to be transported off-site. Construction
equipment shall use recycled or 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. Mud and dust carried onto street surfaces by construction
vehicles shall be cleaned-up on a daily basis.
f. Excavation hauI trucks shall use tarpaulins or other
effective covers.
g. Upon completion of construction, measures shall be taken
to reduce wind erosion. Replanting and repaving shouId
be completed as soon as possible.
h. After grading is completed, fugitive dust on exposed soil
surfaces shall be controlled using the following methods:
I) Inactive portions of the construction site shall be
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RESPON.
AGENCY
WHEN
REQ'D
Prior to:
On-going
Through
completion
SOURCE
Planning
Planning
CONDITION TEXT
seeded and watered until grass growth is evident.
2) All portions of the site shall be sufficiently
watered to prevent dust.
3) On-site vehicle speed shall be limited to 15 mph.
4) Use of petroleum-based palliatives shall meet the
road oil requirements of the Air Quality District.
Non-petroleum based tackifiers may be required
by the City EngineerIPublic Works Director.
I. The Department of Public Works shall handle all dust
complaints. The City EngineerIPublic Works Director
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 project 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 EngineerIPublic Works
Director.
J. 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 contractor and
subcontractor personnel.
k. Emissions control of on-site equipment shall be
minimized through a routine mandatory program of low-
emissions tune-ups.
20. Security During Construction. PI.
a. Fencing - The perimeter of the construction site shall be
fenced and locked at all times when workers are not
present. All construction activities shall be confined to
within the fenced area. Construction materials and/or
equipment shall not be operated or stored outside of the
fenced area or within the public right-of-way unless
approved in advance by the Public Works Director.
b. Address Sign - A temporary address sign of sufficient size
and color contrast to be seen during night time hours with
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RESPON.
AGENCY
WHEN
REQ'D
Prior to:
Through
completion
SOURCE
Planning
CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
existing street lighting is to be posted.
c. Emergency Contact - Prior to any phase of construction,
Applicant/Developer will fiJe with the Dublin Police
Department an Emergency Contact Business Card that will
provide 24-hour phone contact numbers of persons
responsible for the construction site.
d. Materials & Tools - Good security practices shall be
followed with respect to storage of building materials and
tools at the construction site.
e. Security lighting and patrols shall be employed as
necessary.
21. Construction Hours. Standard construction and grading PI. Through Planning
hours shall be limited to weekdays (Monday through Friday) completion
and non-City holidays between the hours of 7:30 a.m. and
6:00 p.m. The Applicant/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 EngineerIPublic Works Director. For work on
Saturdays, 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.
22. Construction Trash/Debris. Measures shall be taken to PI. Through Planning
contain all construction related trash, debris, and materials completion
on-site until disposal of-site can be arranged. The
Applicant/Developer shall keep the adjoining public streets
and properties free and clean of project dirt, mud, and
materials during the construction period. The Developer shall
be responsible for corrective measures at no expense to the
City of Dublin.
23. Construction Fencing. The use of any temporary PI. Installation of Planning
construction fencing shall be subject to the review and fencing
approval of the Public Works Director and the Building
Official.
24. Addressing. Address will be required for the electric service PI. Planning
to equipment. Provide location of equipment and service.
25. Construction Drawings. Construction plans shall be fully PI. Construction Planning
dimensioned (including building elevations) accurately drawn
(depicting all existing and proposed conditions on site), and
prepared and signed by a California licensed Architect or
Engineer. All structural calculations shall be prepared and
signed by a Califomia licensed Architect or Engineer. The
site plan, landscape plan and details shall be consistent with
each other.
26. Covenants, Conditions and Restrictions. The CC&Rs shall PI. Planning
be reviewed by the City for compliance with the conditions of
approval.
27. Clarifications and Chan¡¡es to the Couditions. In the event PI. Through Public
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
that there needs to be clarification to these Conditions of completion Works
Approval, the Directors of Community Development and
Public Works have the authority to clarifY the intent of these
Conditions of Approval to the Applicant/Developer 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 mmor
modifications to these conditions without going to a public
hearing in order for the Applicant/Developer to fulfill needed
improvements or mitigations resulting from impacts of this
project. (PW)
28. Maintenance Plan. A Maintenance Plan shall be prepared PI. Through Planning
and subject to approval by the Director of Public Works and completion
the Regional Water Quality Controi Board.
29. Deed of Trust. Immediately upon filing the final map, PL,PW Filing of Planning
Applicant will obtain !Tom City and record a partial Final Map
reconveyance of the City's existing deed of trust recorded
against the proposed project which secures a $4.5 million loan
so that the deed of trust will affect the remainder parcel only.
BUILDING DIVISION
30. Building Permits, Codes aud Ordinances. The B Construction Building
Applicant/Developer shall obtain all necessary permits from
the Dublin Building Department. All project construction
shall conform to all building codes and ordinances in effect at
the time of building permits.
31. Building Permit Application. To apply for building permits, B Issuance of Building
the Applicant/Developer shall submit eight (8) sets of Building
construction plans together with final site plan and landscape Permits
plans to the Building Department for plan check. Each set of
plans shall have attached a copy of these conditions of
approval with notations as to how the condition is being
satisfied. The plans shall clearly indicate how all conditions
of approval will be, or have been complied with. Construction
plans will not be accepted without the annotated conditions
attached to each set of plans. The Applicant /Developer will
be responsible for obtaining the approvals of all participating
non-City agencies prior to the issuance of building permits.
FIRE PREVENTION DIVISION
32. Fire Codes and Ordinances. All project construction shall F Through Fire
conform to all fire codes and ordinances in effect at the time of completion
building permits.
33. Access roads. The access roads shall be able to support the F On-going Fire
weight of the fire apparatus.
34. Knox boxes. Provide Knox boxes at the gates. The Knox box F On-going CFC 902.4
shall contain a key that opens the gate. Order forms for the
Knox box are available at the fire prevention office. The key
can be placed III the box during the Fire Department
inspection.
PUBLIC WORKS
35. Subdivision policies and Ordinances. The PW Through Public
Applicant/Developer shall comply with the Subdivision Map completion Works
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
Act, the City of Dublin Subdivision, Zoning, and Grading
Ordinances, the City of Dublin Public Works Standards and
Policies, and all building and fire codes and ordinances in effect
at the time of building permit.
36. Indemnification. The Applicant/Developer shaIl defend, PW On-going Public
indemnifY, and hold harmless the City of Dublin and its agents, Works
officers, and employees !Tom any claim, action, or proceeding
against the City of Dublin or its agents, officers, or employees to
attack, set aside, void, or annul an approval of the City of Dublin
or its advisory agency, appeal board, Planning Commission, City
Council, Community Development Director, Zoning
Administrator, or any other department, committee, or agency of
the City related to this project to the extent such actions are
brought within the time period required by Government Code
Section 66499.37 or other applicable law; provided, however,
that the Applicant/Developer's duty to so defend, indemnifY, and
hold harmless shaIl be subject to the City's promptly notifying
the Applicant/Developer of any said claim, action, or proceeding
and the City's fuIl cooperation in the defense of such actions or
proceedings.
37. Grading Permits. Applicant/Developer shaIl obtain a PW Grading Public
Grading/Sitework Permit !Tom the Public Works Department for Works
all private grading and site improvements.
38. Other permits. Applicant/Developer shaIl obtain all permits PW Construction Public
required by other agencies including, but not limited to Alameda Works
County Flood Control and Water Conservation District Zone 7,
Calífornia Department of Fish and Game, Anny Corps of
Engineers, Regional Water Quality Control Board, Caltrans and
provide copies of the permits to the Publíc Works Department.
39. Plans and maps. AIl submittals of plans and Final Maps shall PW Submittal of Public
comply with the requirements of the "City of Dublín Public plans and Works
Works Department Improvement Plan Submittal Requirements," final maps
and the "City of Dublin Improvement Plan Review Check List."
40. Digital vectorized fIle. Applicant/Developer shall provide the PW Public
Publíc Works Department a digital vectorized file of the Works
"master" files for the project when the Final Map has been
approved. Digital raster copies are not acceptable. The digital
vectorized files shall be in AutoCAD 14 or higher drawing
format. Drawing units shall be decimal with the precision of the
Final Map. AIl objects and entities in layers shall be colored by
layer and named in Englísh. AIl submitted drawings shaIl use
the Global Coordinate System of USA, Calífornia, NAD 83
California State Plane, Zone III, and U.S. foot.
DUBLIN POLICE SERVICES
41. CompIiauce. The Developer shaIl comply with all applícable PO On-going Police
City of Dublin Non Residential Security Ordinance
reQuirements.
42. Emergency response. Pathways around the site shaIl be PO On-going Police
designed to support the weight and width of emergency response
vehicles to aid in police patrols and emergency response
situations.
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CONDITION TEXT RESPON. WHEN SOURCE
AGENCY REQ'D
Prior to:
43. Locked gates. Locked gates will provide for emergency PO On-going Police
vehicle access.
44. Restricted areas. Restricted areas will be posted as such. PO On-going Police
45. No graffiti. The Developer and/or Property Owner shall keep PO On-going Police
the site clear of graffiti vandalism on a regular and continuous
basis at all times.
PASSED, APPROVED, AND ADOPTED this 9th day of August, 2005 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
i1ç;;:~~~ /
Planning Commission Chair
ATTEST:
Plaru:~ager --
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