HomeMy WebLinkAbout04-006 Amendment to Vesting TMAP 7597 Starward Row Res Project
AGENDA STATEMENT
PLANNING COMMISSION
MEETING DATE: March 14, 2006
SUBJECT:
PUBLIC HEARING - PA 04-006 Amendment to Vesting
Tentative Tract Map 7597 and relevant Conditions of Approval of
Planning Commission Resolution No. 05-10 for the Starward Row
Residential Proj ect.
(Report prepared by: Kristi Bascom, Senior Planner) cY
1. Resolution approving Amended Vesting Tentative
Subdivision Map 7597
2. Original Vesting Tentative Subdivision Map 7597
3. Amended Vesting Tentative Subdivision Map 7597
4. Applicant's Written Statement
5. Planning Commission Resolution No. 05-10
ATTACHMENTS:
RECOMMENDATION:
1.
2.
3.
4.
5.
Receive Staff presentation,
Open the public hearing,
Take testimony from the Applicant and the public,
Close public hearing and deliberate, and
Adopt a Resolution (Attachment 1) approving the Amended
Vesting Tentative Subdivision Map 7597 and relevant
Conditions of Approval of Planning Commission Resolution
No. 05-10 for the Starward Row Residential Project.
PROJECT DESCRIPTION:
On January 25, 2005, the Planning Commission held a public hearing for an application by Enea
Properties to demolish an existing 5,268-square-foot office building to accommodate residential
development of the site. Enea Properties received approval for a General Plan Amendment; a Stage 1 and
Stage 2 Planned Development District Rezoning; a Vesting Tentative Tract Map (7597); and Site
Development Review to allow construction of 10 detached single-family homes. The Applicant proposed
two-story homes on individual rectangular lots ranging from 2,143 square feet to 2,652 square feet, with
garages to the rear of the lots accessed by a shared private street.
The original Vesting Tentative Subdivision Map (Attachment 2), approved via Planning Commission
Resolution 05-10, showed a Common Area Parcel (Parcel A) that accommodated the driveway for all ten
lots as well as a bioswale to collect storm water runoff. One of the Conditions of Approval for the
Tentative Map stated that a Home Owners Association would be required to maintain all common areas of
the subdivision, which consists of the private street and bioswale.
COPIES TO: Applicant
Property Owner
ITEM NO. <6 . 1
Page 1 of5
G:\PA#\2004\04-006 Starward Enea Project\Braddock&Logan\PC Staff Report.doc
Subsequent to the approval of the project, Enea Properties sold the land and entitlements to Braddock and
Logan Group for the purposes of constructing the ten homes and related improvements. Braddock and
Logan has made an application to remove the Common Area Parcel from the subdivision and to remove
the requirement for a Home Owners Association from the Conditions of Approval for the project.
Braddock and Logan assert that it is a burden to future homeowners to have a common area parcel (which
contains only the driveway and bioswale) and a Home Owners Association to manage such a small
subdivision. Braddock and Logan propose that all of the common area maintenance can be regulated by
means of a Maintenance Agreement (to which all home owners are a party) and that the Covenants,
Conditions, and Restrictions (CC&Rs) will ensure the maintenance, in good repair and on a regular basis,
of the landscaping, irrigation, fences, walls, drainage, lighting, signs and other improvements in private
common areas and within the adjacent street frontage right-of-way along Starward Drive. The Applicant's
Written Statement (Attachment 4) explains their justification for proposing the elimination of the HOA
requirement and associated Tentative Map modification in greater detail.
Specifically, Braddock and Logan proposes to amend the original project approvals in the following
manner:
1. Amend Vesting Tentative Map 7597 to remove the Common Area Parcel and instead
incorporate the driveway as a portion of each of the individual lots (Attachment 3).
2. Amend four (4) of the original Conditions of Approval of Planning Commission Resolution
05-10 (Attachment 5) in the following manner. The exact strikeout and replacement text is
shown in the proposed resolution (Attachment 1).
COA 26: Refers to the Maintenance Access Easement for the benefit of Zone 7 to access the
drainage channel adjacent to the project site. Strike the text "Home Owners
Association" and replace with "owners of Lots 1,2,3,4, and 5"
COA 42: Refers to the maintenance of the sidewalk landscape strip in front of all the lots.
Strike the text referring to the HOA and insert text referring to the CC&Rs and the
accompanying Maintenance Agreement.
COA 46: Refers to the existence of a Home Owners Association for the subdivision. Strike
the text "Home Owners Association" and replace with references to the CC&Rs
and accompanying Maintenance Agreement. The Condition still requires the
recordation of CC&Rs for each of the ten lots, but removes the requirement to have
an association for the small development. The Maintenance Agreement (which is
an exhibit to the CC&Rs) outlines the requirements for maintenance for all
common areas. The CC&Rs and Maintenance Agreement are recorded against each
property and all future property owners will be bound to abide by the rules and
regulations set forth. The CC&Rs and accompanying Maintenance Agreement are
required to be reviewed and approved by the City's Public Works Director,
Community Development Director, and City Attorney prior to their recordation and
approval of the Final Map.
COA 47: Refers to the landscaping that is required to be installed along the project frontage.
Strike reference to the Home Owners Association having the responsibility for
maintaining the landscaping once it is installed and state that the individual
homeowners shall be responsible for the ongoing maintenance, in accordance with
the CC&Rs and accompanying Maintenance Agreement.
Page 2 of5
COA 82: A new condition relating to the pavement surface of the private driveway. Will
ensure that concrete will be used instead of asphalt, which will result in a longer
lasting facility for the homeowners to maintain.
ANALYSIS:
Vesting Tentative Map Amendment:
Although the size of the lots will increase due to the elimination of the Common Area Parcel (Parcel A
shown on Attachment 2) and the addition of the driveway portion to Lots 1-10, the portion of the land of
each lot dedicated to house and yard will remain the same and none of the development standards
approved for the original Development Plan will change.
The proposed amendment to the Map is minor in scope, and does not change any of the original findings
as approved in Resolution 05-10. However, because the Planning Commission was the original approval
body for Tentative Map 7597, the Planning Commission is required to review and approve this Map
amendment.
Amendments to the Conditions of Approval:
The proposed amendments to the Conditions of Approval go hand in hand with the proposed Map
amendment. The broader policy issue before the Planning Commission is whether or not the City is
comfortable with the notion of permitting the construction of a new Medium-Density Single Family home
development without the benefit of a Home Owners Association to serve as the oversight and
maintenance body for the development.
Under the Applicant's proposal, although the Home Owners Association will not exist, the Covenants,
Conditions, and Restrictions (CC&Rs) recorded against each lot will contain a Maintenance Agreement to
which each property owner is a party. The CC&Rs, which must be reviewed and approved by the City
prior to recordation, contain sections that address the following issues:
. Maintenance of easements and other site improvements including landscaping, fences, walls,
streetlights, utility lines, etc.;
. Details of the permitted and restricted uses of the property;
. Mandates the creation of an architectural review committee to oversee proposed modifications to
any structures and to ensure the attractive and orderly look of the community;
. How to amend and enforce the CC&Rs
Before the CC&Rs can be recorded against each lot, the City Public Works Director, Community
Development Director, and City Attorney will carefully review the document to confirm that it will ensure
the attractive and orderly look of the community as well as provide a mechanism for residents to resolve
internal disputes and disagreements. Additionally, the CC&Rs contain a provision that any changes to the
CC&Rs that impact maintenance of the site landscaping or other shared improvements require the review
and approval of the City of Dublin.
Although the CC&Rs outline how the community's common facilities such as the private street, fence,
and bioswale, shall be maintained and replaced if necessary, there was a concern about burdening the
Page 3 of5
individual homeowners with the cost of repairs without setting up a mechanism for them to be saving for
the cost over the long run (i.e. HOA dues). To ensure that the cost to the homeowners is kept to a
minimum, the Applicant has agreed to install a concrete roadway in lieu of traditional asphalt. The
concrete driveway typically costs 25 to 50 percent less than asphalt to maintain over the years and will
have an average life of 30 to 35 years. A new Condition of Approval, No. 82, has been added to the
Tentative Map requiring this modification to the project.
Agency Review:
This project was reviewed by other City departments and interested agencies. Any special requirements
have been incorporated as Conditions of Approval in the attached Resolution (Attachment I).
ENVIRONMENTAL REVIEW:
Pursuant to the California Environmental Quality Act (CEQA), the City prepared an initial study
consistent with CEQA Guidelines Section 15162 for the Project, including the original Vesting Tentative
Tract Map approval request, to assess any potential significant environmental impacts that may result
from the project. A Mitigated Negative Declaration and Mitigation Monitoring Program for the project
were approved by the Dublin City Council on February 15, 2005 via Resolution 22-05. The minor
amendment requested for Vesting Tentative Tract Map 7597 and the relevant Conditions of Approval are
in conformance with the original project approval for the purposes of environmental review and no
additional review is necessary.
CONCLUSION:
The proposed Amended Vesting Tentative Subdivision Map 7597 will provide for the orderly division of
land consistent with the approved Development Plan for the site. Amended Vesting Tentative
Subdivision Map 7597 is consistent with the City of Dublin General Plan and West Dublin BART Specific
Plan.
Because CC&Rs and the accompanying Maintenance Agreement will continue to function in the absence
of a Home Owners Association, Staff finds that the proposed Map Amendment and amendments to the
Conditions of Approval will not substantially alter the original project approval and recommend approval
of this application to the Planning Commission.
RECOMMENDATION:
Staff recommends that the Planning Commission: 1) Receive Staff presentation, 2) Open the public
hearing, 3) Take testimony from the Applicant and the public, 4) Close public hearing and deliberate, and
5) Adopt a Resolution (Attachment 1) approving the Amended Vesting Tentative Subdivision Map 7597
and relevant Conditions of Approval of Planning Commission Resolution No. 05-10 for the Starward
Row Residential Project.
Page 4 of 5
GENERAL INFORMATION:
PROPERTY OWNER! APPLICANT:
LOCATION:
EXISTING ZONING:
GENERAL PLAN DESIGNATION:
ENVIRONMENTAL REVIEW:
Andy Byde, Braddock and Logan, 4155 Blackhawk Plaza
Circle #201, Danville, CA 94526
7475 Starward Drive, Dublin, CA 94568 (APN 941-0173-
002-02)
Planned Development (PD) PA 04-006
Medium Density Residential
Pursuant to the California Environmental Quality Act
(CEQA), the City prepared an initial study consistent with
CEQA Guidelines Section 15162 for the Project, including
the original Vesting Tentative Tract Map approval request, to
assess any potential significant environmental impacts that
may result from the project. A Mitigated Negative
Declaration and Mitigation Monitoring Program for the
project were approved by the Dublin City Council on
February 15, 2005 via Resolution 22-05. The minor
amendment requested for Vesting Tentative Tract Map 7597
and the relevant Conditions of Approval are in conformance
with the original project approval for the purposes of
environmental review and no additional review is necessary.
Page 5 of5
RESOLUTION NO. 06-
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
AMENDING VESTING TENTATIVE TRACT MAP NO. 7597 AND AMENDING RELEVANT
CONDITIONS OF APPROVAL OF PLANNING COMMISSION RESOLUTION 05-10
BRADDOCK AND LOGAN STARW ARD ROW RESIDENTIAL PROJECT
(P A 04-006)
WHEREAS, Enea Properties Company LLC, requested approval of Vesting Tentative
Tract Map 7597 to subdivide a .77- acre parcel (APN 941-0173-002-02) for ten (10) single-
family dwellings and related improvements on land generally located north and east of Starward
Drive; and
WHEREAS, the Dublin Planning Commission approved Vesting Tentative Tract Map
7597 on January 25,2005 via Resolution 05-10; and
WHEREAS, subsequent to the project receiving approval from the City of Dublin, Enea
Properties Company LLC sold the property and entitlements to Braddock and Logan Group III,
LP for purposes of constructing the residential units and related improvements; and
WHEREAS, Braddock and Logan has requested to amend Vesting Tentative Tract Map
7597 to remove the common driveway parcel which serves the ten individual lots (Parcel A) and
instead have the driveway be a part of each of the lots with an easement for the benefit of all lots;
and
WHEREAS, Braddock and Logan has also requested to amend certain relevant
Conditions of Approval of Planning Commission Resolution 05-10 to remove the requirement
for a Homeowners Association for the ten lot subdivision and instead ensure common area
maintenance through the Covenants, Conditions, and Restrictions (CC&Rs) and accompanying
Maintenance Agreement to which all homeowners are required to be a party; and
WHEREAS, a completed application for the requested action is available and on file in the
Dublin Community Development Department; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City
prepared an initial study consistent with CEQA Guidelines Section 15162 for the Project,
including the original Vesting Tentative Tract Map approval request, to assess any potential
significant environmental impacts that may result from the project. A Mitigated Negative
Declaration and Mitigation Monitoring Program for the project were approved by the Dublin City
Council on February 15, 2005 via Resolution 22-05 and the minor amendments requested for
Vesting Tentative Tract Map 7597 and the relevant Conditions of Approval are in conformance
with the original project approval for the purposes of environmental review and no additional
review is necessary; and
WHEREAS, the Planning Commission is the approving authority for all tentative tract
maps and did hold a public hearing on the requested amendments on March 14,2006; and
ATTACHMENT I
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending
approval of Amended Vesting Tentative Tract Map 7595 and amended Conditions of Approval
No.s 26, 42, 46, 47, and 82; and
WHEREAS, the Planning Commission did hear and consider all said reports,
recommendations and testimony hereinabove set forth on March 14, 2006 and used its
independent judgment;
NOW, THEREFORE, BE IT RESOLVED THAT the Dublin Planning Commission
does hereby make the following findings and determinations regarding said proposed Amended
Vesting Tentative Tract Map 7597 prepared by Braddock and Logan Services, dated received
February 28,2006, on file in the City of Dublin Community Development Department:
1. The Amended Vesting Tentative Tract Map 7597 is consistent with the intent of
applicable subdivision regulations and related ordinances as it provides for the orderly
development ofland to coordinate lot design, street patterns, rights-of-way, utilities and
public facilities with community plans and standards and as it provides for assurances
that the development will not become a future burden to the community by the execution
of Covenants, Conditions, and Restrictions (CC&Rs) and accompanying Maintenance
Agreement between all property owners with responsibility for maintenance of common
areas, as conditioned herein.
2. The design and improvements associated with Amended Vesting Tentative Tract Map
7597 are consistent with and conform to the City's General Plan policies as they apply to
the subject property as it is a subdivision for development of a residential project on a site
with a land use designation for Medium Density Residential development, as amended.
3. The Amended Vesting Tentative Tract Map 7597 is consistent with the regulations and
provisions of the Planned Development District Rezoning proposed for this project, and
is, therefore, consistent with the City of Dublin Zoning Ordinance.
4. The project site is located on a residential collector street, Starward Drive, near a major
road, Amador Valley Boulevard, on.77 acres ofrelatively flat topography and is,
therefore, physically suitable for the type and density ofthe proposed development of ten
(10) Medium Density Residential units to be developed at 14 dwelling units per acre.
5. With the incorporation of mitigation measures established in the Mitigated Negative
Declaration prepared for the project and subject to Conditions of Approval, the design of
the subdivision will not cause environmental damage or substantial injury to fish or
wildlife or their habitat or cause public health concerns.
6. The design of the subdivision will not conflict with easements acquired by the public at-
large or access through or use of property within the proposed subdivision. The Director
of Public Works has reviewed the map and title report and has not found any conflicting
easements of this nature.
2
7. Required fire and water service will be provided to the subdivision pursuant to the
requirements of water and sewer providers, as utility standards and conditions are
incorporated into the project and service fees will be paid.
BE IT FURTHER RESOLVED THAT the Dublin Planning Commission does hereby
approve Amended Vesting Tentative Tract Map 7597 for the Braddock and Logan Starward Row
Residential Project, P A 04-006, prepared by Braddock and Logan Services, dated received
February 28,2006, on file in the City of Dublin Community Development Department. With the
exception of Conditions of Approval No. 26, 42, 46, and 47 as amended below, and the
addition of Condition of Approval No. 82, all of the original Conditions of Approval of
Planning Commission Resolution No. 05-10 remain in effect.
CONDITIONS OF APPROVAL:
Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance
of building permits or establishment of use, and shall be subject to Department of Community
Development review and approval. The following codes represent those departments/agencies
responsible for monitoring compliance of the conditions of approval. [PL] Planning, [B]
Building, [PO] Police, [PW] Public Works [ADM] Administration/City Attorney, [FiN] Finance,
[F] Dublin Fire Department, [DSR] Dublin San Ramon Services District, [CO] Alameda County
Department of Environmental Health, [IT] Information Technology.
CONDITIONTEXT WHEN SOURCE
RESPON. REQUIRED
AGENCY Prior to:
26 Maintenance Access Easement Zone 7 Final of Vesting Standard
Applicant/Developer shall grant Zone 7 a Tentative Map
maintenance access easement from Starward Drive
over the private street and Lot I Residence for
maintenance of the Drainage Channel. Forty-eight
hour notice shall be given to the owners of Lots I.
2, 3.4. and 5 Heme O':iflers f.sseeiatiefl to ensure
two parking stalls are unobstructed.
42 Sidewalk Landscape Strip. Applicant/Developer PW Occupancy of PW
shall design and professionally landscape an Adjacent
irrigated 4 1/2 foot landscape strip between the Building
sidewalk and the back of curb in accordance with
the Landscape Plan unless otherwise approved by
the Director of Public Works. Root barriers shall be
installed surrounding each street tree or along the
sidewalk and back of curb on each side of the street.
This landscape strip shall be adequately maintained
by the individual homeowners as noted in the
CC&Rs and accompanving Maintenance Agreement
under the direction and oversight of the sHllaivisiefl
Heme OWflers ,\sseeiatiefl afla the City of Dublin
Public Works Department. These landscaped areas
shall be fully irrigated and subject to the City's
Water Efficient Landscane Regulations.
46 Home OWHers f.ssociatioH Common Area PW,PL Approval of PW,PL
Maintenance, Rules and Regulations. Final Map
3
CONDITION TEXT WHEN SOURCE
RESPON. REQUIRED
AGENCY PriQr to:
Applicant/Developer shall establisH a mwaivisien
IIeme OwneFG AsseeintieH by reeeraatieH ef record
a declaration of Covenants, Conditions, and
Restrictions with a Maintenance Agreement to
govern use and maintenance of City street
landscape areas and common areas and facilities.
Said declaration shall set forth the name ef the
asseeiatieA, eWAeFGhill the standards of and manner
of maintenance of the private access roads and the
restrictions on the use or enjoyment of any portion
of the access roads for maintenance and/or access.
IDlEl the bylaws, rnles llfla reglilatieHs efthe
asseeiatieA. Prior to recordation, said CC&R
document shall be reviewed by the City
Engineer/Director of Public Works and the Director
of Community Development for compliance with
this condition and the Maintenance Agreement to
which all future property owners shall be a party
shall be reviewed and approved bv the City
Attomev.
The CC&Rs shall address the following:
a. Maintenance of the private access roads,
any common utilities, and any common
areas. The CC&Rs shall ensure that there is
adequate provision for the maintenance, in
good repair, and on a regular basis, of all
commonly e',YAea utilized facilities and
areas. In the event that any such area or
facility falls into a state of disrepair or fails
to meet performance standards established
by the CC&Rs and/or the Maintenance
Agreement, the City will have the right, but
not the obligation, to take corrective
measures and bill the association for the
cost of such repair and corrective
maintenance work plus City overhead. The
declaration shall specify that, as it pertains
to the maintenance of the above-listed
items, it cannot be amended without the
consent of the City.
b. The parking of recreational vehicles
between a building and a public street,
along a public street, and on the private
street shall be prohibited. Recreational
Vehicles are defined as a motorhome, travel
trailer, utility trailer, boat, boat on a trailer,
horse trailer, camper where the living area
overhangs the cab, camping trailer, or tent
trailer, with or without motive power.
c. No vehicle parking will be allowed on both
4
CONDITION TEXT .. WHEN SOURCE
RESPON. REQUIRED
AGENCY Prior to:
sides of the private streets. This parking
restriction shall be indicated with red-
painted curbs, and with R26F "No Stopping
- Fire Lane" signs installed on both sides at
a spacing not to exceed 200'. Parking shall
also be restricted along designated drive
aisles to assure unobstructed access through
the site.
d. Exclusive use, fencing, and maintenance of
reciprocal easements as shown on
development plan that allows the use of
side yard areas to access rear yards of
homes.
47 Landscaping. The Developer shall construct all PL,PW Completion of Standard
landscaping within the site and along the project Improvements
frontage from the face-of-curb to the site right-of-
way to the design and specifications of the City of
Dublin, and to the satisfaction of the Director of
Public Works and Director of Community
Development and in conformance with the
Landscape Plan, Sheet L-I. Street tree varieties of a
minimum 24-inch box size shall be planted at a
minimum of 30 feet on center along all street
frontages, and shall be shown on the Final
Landscaping Plans. Exact tree locations and
varieties shall be reviewed and approved by the
Directors of Public Works and Community
Development. The proposed variety of trees to be
planted adjacent to sidewalks or curbs shall be
submitted for review to and approval by the
Director of Public Works. After acceptance these
trees and the associated irrigation system shall be
maintained by the Heme O\'fRem AsseeiatieH
individual property owners in accordance with the
CC&Rs and accompanving Maintenance
APTeement.
82 (NEW CONDITION) Private Drive Pavement PL Completion of Project Specific
Specifications. The Applicant shall replace the Improvements
asphalt proposed for the private street with concrete
along the entire length of the drive to ensure a
longer life for the roadway and less maintenance
cost for the future homeowners. The concrete
specifications shall be 6" of Concrete on 6" of Class
2 Aggregate Base with #4 bars at 16" on center in a
grid pattern. The concrete shall be at least a
minimum of 3000 psi concrete strength and shall
have expansion joints at a maximum of 10' apart.
This should provide for a concrete roadway that
would last for 35 to 40 vears.
5
PASSED, APPROVED and ADOPTED this 14th day of March, 2006 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Chairperson
ATTEST:
Planning Manager
G:IP A#\2004104-006 Starward Enea ProjectlBraddock&LoganlPC Reso TMap amendment.DOC
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ENGINEER:
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8RADDOCK & LOGAN GROUP 111. L.P.
4155 8LACKHAWK PLAZA CIRCLE. SUITE 201
DANIIIUL, CA 94525-451.3
(925) 7.35-4000 FAX' (925) 648-5700
ATTN,ANDYB'YDE
BRADDOCK & LOGAN SERVICES. INC.
4'155 BlACKHAWK PLAZA CIRCLE. SUITE 201
DANVIUE. CA 94526-%1.3
(925) 7.35-4000 FAX: (925) 648-5701
ATTN:8ENl.lcVEIGH(R.C.E.4.3.325E:<P:.3jJ1j06)
ENGEO.INC.
2010 CROW CANYON PlACE. SUITE 250
SAN RAI.ION, CA 94583-4634
(n5) 866-9000 FAX (925) 866-0199
ATTN: DON 8RUGGERS
941-173-2-2
0.773 ACRES
PO - PLANNED DEVELOPI.IENT
PO - PU>.NNED OEVELOPI.IENT
GAS & ELECTRIC - P.G.& E
TEL.tPHONE - S.B.C.
SEWER - DUBLIN j SAN RAMON WATER SERVICES DISTRICT
WATER - DUBLIN j SAN RAMON WATER SERVICES DISTRICT
UTILITY LOCATIONS SHOWN ARE BASED ON
UTILITY COI.IPANY RECORDS AND ARE
APPROXllolATE ONLY.
2.5" BRASS DISC SET IN DSTERN CORNER OF CONCRETE
HEADWALL OF CONTROL CHANNEL liT FOOT OF GRllDE
GOING DSTERLY ON AMo\OOR VAJ.lE'( 8OULEVARD. DISC IS
ON NORTHERN SIDE OF AI.IAOOR VALL.D" BOULEVARO AND
IS STAloIPED "AW.-FLooD 1977" ELEV, .361.742
BOUNDARY INFORlolATION IS BASED ON A FlELD SURVEY
PERFORI.IED BY I.lILANI '" ASSOC.. IN MARCH. 2005
UNDER THE DIRECTION OF I.IICI-lllEL E. I.lILANI (LS 5.311).
REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAI.IEDA,
STATE OF CAUFORNlA. DESCRIBED AS FOLLOWS:
8E1NG A PORTION OF LOT ONE IN BLOCK TWO. AS SHOWN ON
THE w.P OF TRACT 2162. FlLEO AUGUST 23. 1960 IN BOOK
42, PACE 50 OF MAPS. ALAMEDA COUNTY RECORDS
I.lllANl & ASSOCIATES, TAKEN IN JULY OF 2005.
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STARWARD
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Tentative Map Amendment Request
This application proposes to amend the approved Tentative Map and a condition of approval 46 for the
Starward Row project.
Backf!:round
Robert Enea requested the Planning Commission to approve a 10-lot subdivision located on Starward
Drive in February of last year. Starward Row, as the project was named, is a collection of 10 small
single family residences fronting onto Starward Drive, with a private drive and rear loaded garages.
Other than a drainage swale and the private drive, no other common facilities exist within the small
project The Tentative Map for the project illustrated the private drive shown as 'Parcel A' and
condition of approval number 46 required the formation of a home owners association (HOA) for the
project.
Amendment ReQuest
Subsequent to the approval of this project by the Planning Commission and City Council, Braddock
and Logan purchased the property from Mr. Enea to construct the homes approved for the site. During
our preparation of the improvement and grading plans for the project, we proposed to eliminate the
HOA and replace it with a Maintenance Agreement to cover maintenance and replacement of the
private drive and drainage swale, Staff required us to prepare an amended Tentative Map and to
request modification of condition 46. The reasons to eliminate the HOA and replace it with a
Maintenance Agreement are threefold: (1) the HOA will be substantially more expensive for the
residents with no appreciable benefit; (2) State Law requires at least 5 homeowners to be on the HOA
Board of Directors (due to the fact that there are only 10 units in this project, getting 50% of the
residence to serve on the Board, would prove difficult); and (3) there is nothing preventing the HOA
from dissolving itself.
Additional explanation regarding problems with HOAs for small projects and how a Maintenance
Agreements function, are contained within the attached letter, prepared by Little and Saputo. Little
and Saputo is a specialized law firm which prepares CC&R's and forms HOAs throughout the State.
Specifically we are proposing to eliminate the required HOA as drafted in Condition of Approval 46
and amend the associated Vesting Tentative Map to modifY Parcel A from common area to be
included with each individual lot. Identical to how the project was approved, each homeowner will
remain responsible for the care of their front and rear yard. In addition, the project will contain
Covenants, Conditions, and Restrictions (CC&Rs) which will regulate the appearance, parking, and
use of each property in a manner identical with how the project was originally designed and
conditioned (see the later part of condition 46). In addition, upon the purchase of the home, the new
owners will be provided a maintenance manual which will spell out the care and maintenance of all the
interior and exterior of the home as well as the property as a whole.
We are excited to begin construction of this award winning, infill project. We believe that this request
is appropriate and will ultimately make the Starward Row a better project that is more affordable to its
residents over the long term. We and other builders have built many projects throughout the Bay Area
using this same concept. Recently, Braddock and Logan constructed a similar project in Walnut Creek
located on Parnell Court using a Maintenance Agreement. Additionally, a Developer is currently
constructing a project within the City of Concord called Concordia (located on Concord Boulevard
which is very similar to Starward Row) and is utilizing a Maintenance Agreement, in lieu of the HOA
approach. ATTACHMENT ~
Jout Braddock and LOf!a..
Braddock and Logan has been in business since 1947 and has constructed over 30,000 homes, 2,000
apartment units and completed other projects including office buildings, shopping centers, and golf
courses. In addition, Braddock and Logan is currently building the San Ramon Village town homes
located in the City of Dublin on Alcosta. Additionally, the Planning Commission and City Council
recently approved the Fallon Village project located in East Dublin, of which Braddock and Logan
owns 400 acres.
LITTLE & SAPUTO
PETER T SAPUTO
GISELLE A JURKANIN
KEN D. LITTLE
CHRISTOPHERC.M, WAUD
AI1VRNEYSATIAW
1901 OLYMPIC BOULEVARD, SUITE ]00
WALNUT CREEK, CA 94596-5024
(925) 944-5000
FACSIMILE
(925) 944.1112
August 26, 2005
Jeffrey S. Lawrence
Braddock & Logan
4155 Blackhawk Plaza Circle
Suite 201
Danville, CA 94506-4668
Re: Maintenance Agreement versus Owners' Association
Dear Jeff:
You asked for some clarification concerning the benefits and burdens of using a recorded maintenance
agreement instead of forming an owners' association. In particular, you were interested in why we have
always recommended that an association not be used in small projects unless absolutely necessary.
The short answer is that our recommendation is based on years and years of personal experience. My partners
and I have about 80 years of cumulative experience in this field. As you know, I served as a commissioner,
a councilman and a city attorney for many years in central Contra Costa County alone. Our firm has formed
hundreds of associations in northern and southern California and in Nevada. We are quite familiar with the
workings of associations. Associations are often not the best answer for periodic maintenance. In some
situations associations are more of a liability than an asset.
Such is the case with most small subdivisions especially when they have maintenance items that need
infrequent work. Indeed, the frequency of maintenance is one of the key factors in deciding which vehicle
to use for maintenance. Ifthere are items such as sod lawns or median strips, flowers, shrubs and similar
landscape that require almost constant maintenance or there is a park area then the association works best.
Where there are only a private street, street lights, drainage facilities, and similar items that do not require
frequent maintenance, they can be held privately and maintained as needed. In this situation, the maintenance
agreement provides a superior vehicle for maintenance and payment without the burdensome onus of the
association operating costs.
With an association you need to incorporate the association and then operate the corporation in accordance
with all applicable laws and in keeping with prudent business practices. This means obtaining special (and
expensive) general liability insurance for the corporation. It also means frequent meetings and record
keeping. In some cases it is prudent to hire a management company. These items can add more than $100
per month to assessments with no appreciable benefit to the owners. There have been times where even
obtaining insurance for the association ranged from difficult to impossible. There have also been a number
of instances where the owners simply abandoned the incorporated association because of the unnecessary
burdens.
A properly drafted maintenance agreement satisfies the need for maintenance and payment without the
additional and unnecessary burdens of the formal association. History has shown them to work well and to
help foster a neighborhood spirit of cooperation. I know of no time where the agreements have not been
enforced where necessary. In most cases, peer pressure is sufficient to ensure all is done properly.
Jeffrey S. Lawrence
Braddock & Logan
4155 Blackhawk Plaza Circle
August 26, 2005
Page 2
In every case of joint maintenance (except perhaps where items such as drainage systems impact only two
or three of the lots and realistically have no periodic maintenance requirements) you should have some form
of maintenance agreement. Without such an agreement the parties are forced to litigate almost all work based
on the applicable statute which provides for equitable indemnity. This does not foster neighborhood
cooperation.
The maintenance agreement can be quite a flexible tool. For example, in recent projects, we have provided
for a citys right (but not obligation) to enforce, a city right to inspect, and a city right to require maintenance.
We usually designate a particular lot to be the recipient of city notices and to be the single contact point for
the project that the city desires. These additions virtually ensure complete compliance by even the most
recalcitrant owner.
The agreement is recorded so that it runs with and binds each and every lot in the project. This helps to
ensure that there is little or no policy change with each new owner as there could be with each new board of
directors of an association.
The basic agreement usually contains the following elements:
1. Specific identification of the items requiring maintenance, the level of maintenance or the standard to
meet, and the frequency of required maintenance or how to determine the need for maintenance are spelled
out.
2. The frequency of maintenance is usually determined by a majority of owners all of whom have the same
interests in maintaining the item and all will bear the costs equally. There is a backup system for emergencies
and, in case of serious disagreement over the need for the maintenance, arbitration is mandated. There are
also provisions that permit the majority of owners (or even one owner) to complete the required maintenance
if the need arises. An express right of equitable indemnity is provided as a last ditch ,fail safe, protection for
each owner.
3. A system of due process is provided to protect all without blocking needed repairs or maintenance. A
special meeting of the owners can be called to discuss these matters at almost any time. The meetings are
conducted much like any corporate meeting.
4. The agreement requires that certain items be inspected at regular intervals by a qualified professional. His
recommendations form the bases for maintenance obligations. A time frame is given within which the
recommended repairs/maintenance are to be completed.
5. The costs of repairs and maintenance are shared equally. However, each owner is still responsible for
damage caused by its own negligence.
6. Insurance coverage (for liability to third parties and damage to property) is provided by individual home
owner policies. This provides much greater coverage at less (or no additional) costs since each owner will
have such a policy in any event. The improvements are automatically covered since each lies within the
Jeffrey S. Lawrence
Braddock & Logan
4155 Blackhawk Plaza Circle
August 26, 2005
Page 3
boundaries of the lots. Home owner policies are easy to obtain at reasonable costs unlike similar insurance
for an association.
Taken together these elements of a typical maintenance agreement are more than adequate to handle any
foreseeable maintenance issues. Additional provisions can be added if conditions warrant.
I hope this helps you to understand more fully the reasons for preferring such a maintenance agreement over
the more formal association where there is no real justification for requiring one. In many of the projects for
Braddock & Logan we have worked on over the years there has been no need for an association and none was
formed. Instead a maintenance agreement specifically crafted for the project was used. To my knowledge
those projects are operating just fine and maintenance has not suffered as a result.
If you have any questions, please do not hesitate to contact me.
Very truly yours,
LITTLE & SAPUTO
Ken D. Little
RESOLUTION NO. 05- 10
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DUBLIN
APPROVING VESTING TENTATIVE TRACT MAP (No. 7597)
ENEA PROPERTIES STARWARD ROW RESIDENTIAL PROJECT
(P A 04-006)
WHEREAS, the Enea Properties Company LLC, the site property owner, has requested
approval of Vesting Tentative Tract Map 7597 to subdivide a .77- acre parcel (APN 941-0173-002-02)
for ten (10) single-family dwellings and related improvements on land generally located north and east
of Starward Drive, and north of the Shamrock Shopping Center; and
WHEREAS, a completed application for the requested action is available and on file in the Dublin
Community Development Department; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City prepared an
initial study consistent with CEQA Guidelines Section 15162 for the Project, including the Vesting
Tentative Tract Map approval request, to assess any potential significant environmental impacts which
may result from the project. Various studies addressing potential traffic and air quality, noise, hazardous
materials and waste, and geotechnical impacts were prepared for the project, and mitigation measures
were recommended to reduce the identified potential impacts to less-than-significant levels. Based on
this, a Mitigated Negative Declaration and accompanying Mitigation Monitoring Plan were prepared, and
subsequent incorporation of all mitigation measures recommended by the various studies and the City's
standards for construction in the Project design, and further evaluation, has determined that the Project, as
designed and proposed, would not result in any significant adverse impacts. All potential environmental
impacts have been reduced to a less-than-significant level. The Mitigated Negative Declaration and
Mitigation Monitoring Program are proposed for adoption with this Project and are include in the
attachments to the Staff report; and
WHEREAS, the Planning Commission is the approving authority for all tentative tract maps and
did hold a public hearing on said application on January 25, 2005; and
WHEREAS, proper notice of said hearing was given in all respects as required by law; and
WHEREAS, a Staff Report was submitted to the Planning Commission recommending approval of
Vesting Tentative Tract Map 7595, subject to Conditions of Approval contained in this Resolution; and
WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and
testimony hereinabove set forth on January 25, 2005 and used their independent judgment; and
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does
hereby make the following findings and determinations regarding said proposed Vesting Tentative Tract
Map 7597 prepared by DeBolt Engineering, dated January 10,2005; on file in the City of Dublin
Community Development Department:
1. The Vesting Tentative Tract Map 7597 is consistent with the intent of applicable
subdivision regulations and related ordinances as it provides for the orderly development
ofland to coordinate lot design, street patterns, rights-of-way, utilities and public facilities
with community plans and standards and as it provides for assurances that the development
will not become a future burden to the community by establishment of a Home Owners
Association with responsibility for maintenance of common areas, as conditioned herein.
ATTACHMENT?
.
2. The design and improvements associated with Vesting Tentative Tract Map 7597 are
consistent with and conform to the City's General Plan policies as they apply to the subject
property as it is a subdivision for development of a residential project on a site with a land
use designation for Medium Density Residential development, as amended.
3. The Vesting Tentative Tract Map 7597 is consistent with the regulations and provisions of
the Planned Development District Rezoning proposed for this project, and is, therefore,
consistent with the City of Dublin Zoning Ordinance.
4. The project site is located on a residential collector street, Starward Drive, near a major
road, Amador Valley Boulevard, on.77 acres of relatively flat topography and is, therefore,
physically suitable for the type and density of the proposed development of ten (10)
Medium Density Residential units to be developed at 14 dwelling units per acre.
5. With the incorporation of mitigation rneasures established in the Mitigated Negative
Declaration prepared for the project and subject to Conditions of Approval, the design of
the subdivision will not cause environmental damage or substantially injury to fish or
wildlife or their habitat or cause public health concerns.
6. The design of the subdivision will not conflict with easements acquired by the public at-
large or access through or use of property within the proposed subdivision. The Director of
Public Works has reviewed the map and title report and has not found any conflicting
easements of this nature.
7. Required fire and water service will be provided to the subdivision pursuant to the
requirements of water and sewer providers, as utility standards and conditions are
incorporated into the project and service fees will be paid.
BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby
approve Vesting Tentative Tract Map 7597 for the Enea Properties Starward Row Residential Project, P A
04-006, prepared by DeBolt Engineering, dated January 10, 2005; on file in the City of Dublin
Community Development Department, subject to the following Conditions of Approval, and subject to
City Council approval of the proposed General Plan Amendment, Planned Development District
Rezoning/Stage I and Stage 2 Development Plan, and the Site Development Review for the Project.
CONDITIONS OF APPROVAL:
Unless stated otherwise. all Conditions of Approval shall be complied with prior to the issuance of
buildinl!: permits or establishment of use. and shall be subiect to Department of Community
Development review and approval. The followinl!: codes represent those departments/al!:encies
responsible for monitorinl!: compliance of the conditions of approval. [PL.l Planninl!:. [Bl Buildinl!:.
[POI Police. [PWI Public Works [ADMI Administration/City Attornev. [FINI Finance. [FI Dublin
Fire Department. [DSRI Dublin San Ramon Services District. [CO] Alameda County Department
of Environmental Health. IITI Information Technolol!:V Department.
2
VESTING TENTATIVE TRACT MAP
I. Fees: Applicant/Developer shall pay all applicable Various
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, Dublin Fire Services fees;
Noise Mitigation fees; Alameda County Flood and
Water Conservation District (Zone 7) Drainage and
Water Connection fees; and any other fees in effect
at the time of building permit issuance. Unissued
building permits subsequent to new or revised TIP's
shall be subject to recalculation and assessment of
the fair share of the new or revised fees.
2. Building Codes and Ordinances. All project B
construction shall conform to all building codes and
ordinances in effect at the time of building permit
issuance.
Requirements. Applicant/Developer shall meet or PW, PL
perform all of the requirements of the Subdivision
Map Act, the City's Subdivision Ordinance, and the
approved Vesting Tentative Tract Map 7595 for the
project prior to City Council acceptance of offers of
dedication
3. Ordinances/General Plan/Policies. The PW, PL
Developer shall comply with the City of Dublin
Subdivision Ordinance, City of Dublin Zoning
Ordinance, Planned Development District P A 04-
006 & Development Plan, the City of Dublin
General Plan (as amended), Public Works standards
and criteria, and the Cit Gradin Ordinance.
4. Infrastructure. The location and siting of project PL, PW
specific wastewater, storm drain, recycled water,
and potable water system infrastructure shall be
approved by the City of Dublin Public Works
Director and the appropriate agency or utility
rovider.
5. Drainage Channel. Any proposed modifications PW, PL
or alterations to the Drainage Channel shall be
approved by the City of Dublin Public Works
Director and any required permitting agencies, such
as Zone 7.
6. Solid Waste/Recycling. Applicant/Developer shall B
comply with the City's solid waste management and
rec clin re uirements.
7. Refuse Collection. The refuse collection service PL, PW
provider shall be consulted to ensure that adequate
space is provided to accommodate collection and
sorting of petrucible solid waste as well as source-
separated recyclable materials generated by the
residents within this ro' ect.
3
Various times, Standard
but no later than
Issuance of
building permits
Through Standard
Completion
Approval of Standard!
Final Map PW
Issuance of Standard!
Building Permits PW
Approval of Standard
Improvement
Plans
Approval of Standard
Improvement
Plans
On-going Standard
Occupancy of Standard
Any Building
8. Title Reportsilleeds. A current preliminary title PW Approval of Standard
report and copies of all recorded deeds, easements, Final Map
and other encumberances and copies of Final Maps
for adjoining properties and off-site easements shall
be submitted for reference as deemed necessary by
the City Engineer/Director of Public Works which
are no more than 6 months old as of the date of
submittal.
9. Document Preparation. The improvement plans PW Approval of Standard
for Vesting Tentative Tract Map 7597 (including Improvement
Improvement Plans, Grading Plans, and subdivision Plans
maps) shall be prepared, designed, and signed by a
registered civil engineer to the satisfaction ofthe
Director of Public Works in accordance with the
Ordinances, standards, specifications, policies, and
requirements of the City of Dublin using standard
City title block formats and check lists, after
approval. After approval, original mylars or photo
mylars with three sets of blue prints must be
submitted to the Cit .
10. Action Programs/Mitigation Measures. PL Approval of PL
Applicant/Developer shall comply with all Improvement
applicable action programs and mitigation measures Plans through
of the Initial Study and Mitigated Negative completion of
Declaration and the Mitigation Monitoring program the project
that have not been made specific Conditions of
A roval.
11. Drainage Impacts and Improvements. PW Occupancy of PW
Applicant/Developer shall demonstrate to the Any Building
satisfaction of the Director of Public Works that all
mitigation measures that need to be improved as a
result of drainage impacts of this project will be
constructed prior to occupancy of any building. All
drainage improvements shall be constructed to the
satisfaction to of the Director of Public Works.
12. Construction Noise Management PL and/or Issuance of Standard
Program/Construction Impact Reduction Plan. PW Grading Permit
Applicant/Developer shall conform to the following
Construction Noise Management Program!
Construction Impact Reduction Plan: Construction
of the Subdivision shall be conducted so as to
minimize the effect of the construction as required
by the Mitigated Negative Declaration on the
existing community and on the occupants ofthe
new homes as they are completed. The following
measures shall be taken to reduce construction
impacts:
1. 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 to Amador Valley Boulevard and onto
Starward Drive. An Oversized Load Permit shall
be obtained from the Cit rior to haulin of an
4
oversized loads on City streets.
2. 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 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.
3. Construction equipment shall not be left idling
while not in use.
4. Construction equipment shall be fitted with
noise muffling devices.
5. Mud and dust carried onto street surfaces by
construction vehicles shall be cleaned-up on a daily
basis.
6. Excavation haul trucks shall use tarpaulins or
other effective covers.
7. Upon completion of construction, measures
shall be taken to reduce wind erosion. Replanting
and repaving should be completed as soon as
possible.
8. After grading is completed, fugitive dust on
exposed soil surfaces shall be controlled using the
following methods:
a. Inactive portions of the construction site shall
be seeded and watered until grass growth is evident.
b. All portions of the site shall be sufficiently
watered to prevent dust.
c. On-site vehicle speed shall be limited to 15
mph.
d. 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 Engineer/Public Works Director.
e. The Department of Public Works shall handle
all dust complaints. The City Engineer/Public
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
Engineer/Public Works Director.
f. Construction interference with regional non-
project traffic shall be minimized by:
i. Scheduling receipt of construction materials to
non-peak travel periods.
5
ii. Routing construction traffic through areas of
least impact sensitivity.
iii. Routing construction traffic to minimize
construction interference with regional non-project
traffic movement.
iv. Limiting lane closures and detours to off-
peak travel periods.
v. Providing ride-share incentives for contractor
and subcontractor personnel.
vi. Emissions control of on-site equipment shall
be minimized through a routine mandatory program
of low-emissions tune-ups.
9. Emissions control of on-site equipment shall be
minimized through a routine mandatory program of
low-emissions tune-ups.
10. During construction, noise control and
construction traffic mitigation measures within
residential neighborhoods or on public streets must
be taken to reduce noise and use of public streets by
construction traffic as directed by Public Works
officials.
13. Erosion and Sedimentation Control. Applicant! PW
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 I" and April 15th or beyond these dates if
dictated by rainy weather, or as otherwise directed
by the City Engineer/Public Works Director.
14. Honrs of construction. Construction and grading PL
operations shall be limited to weekdays, Monday
through Friday, and non-City holidays, between the
hours of 7 a.m. and 5 p.m. The Director of Public
Works may approve work on Saturday and hours
beyond the above-mentioned days and hours with
the understanding that the developer is responsible
for the additional cost of the Public Works
inspectors' overtime. For work on Saturdays, said
request shall be submitted no later than 5:00 p.m.
the rior Wednesda .
15. Archaeology. Should any prehistoric or historic PL, PW, B
artifacts be exposed during excavation and
construction operations, the Department of
Community Development shall be notified and
work shall cease immediately until an
archaeologist, who is certified by the Society of
California Archaeology (SCA) or the Society of
Professional Archaeology (SOP A), is consulted to
evaluate the si ificance of the find and su est
6
Issuance of
Grading Permit
On-going
On-going
throngh
completion
PW Standard
PW Standard
PW Standard
appropriate mitigation measures, if deemed
necessary, prior to resuming ground breaking
construction activities. Standardized procedures for
evaluating accidental finds and discovery of human
remains shall be followed as prescribed in Sections
15064.5 and 15126.4 of the California
Environmental ualit Act Guidelines.
16. Environmental Site Assessment. According to the PL,PW Issuance of BAAQMD,
environmental assessment report prepared by Grading Permit Standard
Clayton Group Services, Inc. dated 01108/04, and through
the Asbestos Inspection Report, prepared by BEM, completion
dated February 17, 2004, asbestos is located in
construction materials on the site. The
Applicant/Developer shall adhere to the
requirements of ACDEH, the Fire Marshal, the
City, the Bay Area Air Quality Management
District, state and federal agencies, and/or other
applicable agency to mitigate the hazard before any
demolition. The Applicant/Developer shall monitor
and address any hydrocarbons residual found in the
soil during excavation/trenching.
17. Stationary Sonrce Emissions. Applicant! PL,PW Issuance of Standard
Developer shall ensure that stationary source Grading Permit
emissions associated with project development are
minimized.
A. The houses shall be designed to meet or exceed
the requirements of Title 24 ofthe California Code
of Regulations (energy efficiency requirements).
By meeting or exceeding these requirements, the
houses will require less energy to heat and cool,
thereby reducing the emissions created in the
production of electric power and created by burning
natural gas.
B. The subdivision will utilize curbside recycling,
which will reduce the amount of solid wastes from
the subdivision which would be deposited at a
landfill site, thereby minimizing the amount of
nitrous oxide emissions from the landfill.
C. During rough grading construction the
construction site will be regularly watered to
contain dust, and after construction the front yards
and street landscaping will be installed, thereby
minimizing the amount of air pollution caused by
airborne dust from the site.
18. Rodenticides and Herbicides. The use of PL Issuance of Standard
rodenticides and herbicides within the project area Grading Permit
shall be performed in cooperation with and under
the supervision of the Alameda County Department
of Agriculture and will be restricted, to the
satisfaction of the Director of Community
Development, to reduce potential impacts to
wildlife and residents.
7
19. Water QualitylBest Management Practices. PW
Pursuant to the Alameda Countywide National
Pollution Discharges Elimination Permit (NPDES)
No. CAS0029831 with the California Regional
Water Quality Control Board (RWQCB), the
Applicant/Developer 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 storm water
pollution. In addition to the bio- filtration swales
proposed along the perimeter of the site, in-line
filtration devices may be necessary to serve runoff
areas that will not drain to bio- filtration swales due
to grading constraints. All roof downspouts shall
be tied into the bio-filtration swales before enter the
public storm drain system. All trash dumpsters and
recycling area enclosures that are not located inside
the building shall have roofs to prevent
contaminants from washing into the storm drain
system. The applicant shall file a Notice of Intent
with the RWQCB and shall prepare and submit a
Storm Water Pollution Prevention Plan for the City
Engineer/Public Works Director's review/approval.
Finally, all storm drain inlets serving vehicle
parking areas shall be stenciled "No Dumping -
Flows to Bay" using stencils available from the
Alameda Count ide Clean Water Pro ram.
20. NPDES Permit. Pursuant to requirements of PW
federal law, a NPDES permit shall be obtained from
the RWQCB, and any terms of the permit shall be
im lemented, if a licable.
21. Storm Water Treatment Measures Maintenance PW
Agreement. Applicant/Developer 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 ofthe project.
Said agreement is required pursuant to Provision
C.3.e.ii of RWQCB Order R2-2003-0021 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 operated and
maintained.
Issuance of NPDES
Grading Permit
Issuance of NPDES
Building Permits
through
completion
Acceptance of RWQCB
improvements by
City Council
22. Standard Conditions of Approval. Applicant! PW
Developer shall comply with all applicable City of
Dublin Standard Public Works Criteria (as
attached). In the event of a conflict between the
Public Works Standard Conditions of Approval and
these Conditions, these conditions shall revail.
23. Vesting Tentative Tract Map 7597. The PW
A licant Develo er shall re are Final Ma s
8
Approval of
Improvement
Plans through
completion
Approval of
Final Map
Standard
Standard
subdividing the property into the configuration,
size, and number oflots shown on the Tentative
Map 7597 in accordance with the requirements of
the Subdivision Map Act and City of Dublin
standards. The map shall be reviewed and
approved by the City Engineer/Public Works
Director rior to recordation.
24. Vesting Tentative Tract Map Term. The PW On-going Subdivision
Tentative Map shall have that life expiration Map Act and
determined by the Subdivision Map Act, including City of Dublin
but not limited to Section 66452.6, and as set forth
in the Dublin Munici al Code.
25. Easement Dedications. Applicant/Developer shall PW Approval of Standard
dedicate easements on the final map or by separate Final Map
instrument as follows:
a. Public emergency vehicle access easement
(20-foot minimum width) granted to the
City of Dublin at the location dictated by
the Fire Marshal.
b. Provide a 5-foot Public Service Easement
(PSE) along the parcel frontages on
Starward Drive and at the rear of the
subject parcel along the bio-swale within
the property. Property owners shall be
notified that any construction within PSE,
including stair steps and fences, may be
removed to access the PSE if necessary.
c. Provide a private utility easement for storm
drain, electrical, and any common utilities
being shared by more than I parcel.
d. Any other easements deemed reasonably
necessary by the City Engineer/Public
Works Director during the final design
and/or construction.
26. Maintenance Access Easement Zone 7 Final of Vesting Standard
Applicant/Developer shall grant Zone 7 a Tentative Map
maintenance access easement from Starward Drive
over the private street and Lot I Residence for
maintenance of the Drainage Channel. Forty-eight
hour notice shall be given to the Home Owners
Association to ensure two parking stalls are
unobstructed.
27. Final Layout and Design of Streets. Final PW, Issuance of PW
detailed layout and design ofthe internal private F Grading Permit
street and drive aisles must be approved by the and Building
Dublin Fire Prevention Services Department Permit
ACFD and Director of Public Works.
28. Abandonment of Easements. Applicant! PW Occupancy of PW
Developer or current landowner shall obtain an affected units
abandonment from all applicable public agencies of
existin easements.
29. Site Accessibility Requirements. All disabled PW Occupancy of Standard
access ramps, parking spaces for the disabled, and affected units
other h sical site im rovements shall com I with
9
current UBC Title 24 / ADA requirements and City
of Dublin Standards for accessibilit .
30. Grading Plans. Grading plan designs must be
based on approved soils reports. In addition to the
civil engineer, a soil engineer must sign the grading
plans. The soil engineer or his technical
representative must be present at all times during
radin .
PW
Issuance of
Grading Permit
Standard
31. Protection from 100 -year Storm Event. The
finished floor elevation of the lowest building must
be one foot above 100-year flood levels.
Applicant/Developer shall provide evidence to the
City that the building pads are a minimum of I foot
above a 100-year storm event, especially from
waters in the north of the property near the Zone 7
draina e channel.
32. Overland Storm Drain Flow. To accommodate
potential overland flow, the site grading and on-site
storm drain system shall be designed to convey
storm water overland to Starward Drive without
inundating the buildings in the event the pipe
network becomes lu ed.
33. Storm Drainage Study/Required Improvements.
Applicant/Developer shall prepare a Storm
Drainage Study for the properties and roads to be
developed/constructed with the project. The Study
shall include a hydrology map and hydraulic
calculations. Since the project will substantially
increase the impervious coverage of the site, the
Study must demonstrate that design flows do not
adversely impact existing hydraulics downstream of
the project. The Study is therefore subject to
review and approval by both the City of Dublin and
Zone 7. All storm drain improvements and
mitigation measures identified in the Study and/or
specified by the City Engineer shall become
re uirements of this ro'ect.
34. Required Permits. Applicant/Developer shall
obtain the required permits from Alameda County,
Zone 7, and the California Department ofFish and
Game, to discharge and construct drainage
improvements within the Drainage Channel, if
necess
35. Geotechnical Investigation Report.
Applicant/Developer shall prepare a Geotechnical
Investigation Report covering the project site for
review by the City, and (as a minimum) shall
design the grading plan based the recommendations
outlined in said Report, on the plans and notes for
the project, and as required by the City's Grading
Ordinance.
36. Drainage Fees. This project is subject to the
a ent of draina e fees throu h the Cit of
PW
PW
PW
PW,CO,
Zone 7
PW
PW, Zone 7
10
Issuance of
Grading Permit
Issuance of
Grading Permit
Issuance of
Grading Permit
Issuance of
Grading Permit
Issuance of
Grading
Permit
Issuance of
Grading Permit
PW
PW
PW
PW
PW
PW
37. Improvement Agreement/Security. Pursuant to PW
Section 7.16.620 of the Municipal Code and
Subdivision Map Act Section 66499, the
Applicant/Developer shall enter into an
Improvement Agreement with the City coucurrent
with Final Parcel Map approval to guarantee
required public and site improvements.
Improvement security must be posted to guarantee
the faithful performance ofthe required
improvements and the payment of for labor and
materials. Such security shall be in the form of
cash, a certified or cashier's check, a letter of credit,
or surety bonds executed by the
Applicant/Developer and by a corporate surety
authorized to do business in California. The amount
of the security guaranteeing faithful performance
shall be 100% of the estimated cost of the required
work. The amount ofthe security guaranteeing the
payment of labor and materials shall be 100% of the
estimated cost of the required work. The
Applicant/Developer shall provide an estimate of
these costs for approval by the City EngineerIPublic
Works Director with the first submittal of the final
ma and the im rovement lans for checkin .
38. Release of security. When all improvements PW, ADM
governed by the Grading Permit are completed to
the satisfaction of the City EngineerIPublic Works
Director, the City EngineerIPublic Works Director
will release the security. Prior to the release, the
Applicant/Developer shall furnish the following to
the City:
a. As-built or record Drawings printed on mylar of
all Improvement Plans and maps associated with
the project
b. A recorded copy of the Covenants, Conditions
and Restrictions that govern the project.
c. A Declaration or Report by the project
Geoteclmical Engineer confirming that all
geoteclmical and grading work associated with the
project has been performed in accordance with the
Engiener's recommendations.
d. Payment of any outstanding City fees or other
debts.
e. Any other information deemed necessary by the
City Engineer/Public Works Director.
39. Encroachment in Public Right-of-Way. An PW
encroachment permit shall be secured from the
Director of Public Works for any work done within
the public right-of-way where this work is not
covered under the ublic im rovement lans.
11
Approval of Standard! PW
Final Map
Completion of Standard
Improvements
Issuance of Standard
Grading Permits
40. Public Improvements. Applicant/Developer shall PW
construct the public sidewalk, curb & gutter and
driveways along the Starward Drive property
frontage accordance with City of Dublin standard
detail SD 306. The frontage improvement shall
include the existing sidewalk, curb & gutter area
50' north of the property to cover the channel
crossing and adjacent residential property. Also
the applicant shall slurry seal Starward Drive (curb
to curb) fronting the property along with necessary
avement r arrs.
41. Sidewalks. Applicant/Developer shall construct a PW
minimum 5-foot wide sidewalk on the west side of
Starward Drive, if necessary, to the satisfaction of
the Director of Public Works, unless otherwise
a roved b the Director of Public Works
42. Sidewalk Landscape Strip. Applicant/Developer PW
shall design and professionally landscape an
irrigated 4 1/2 foot landscape strip between the
sidewalk and the back of curb in accordance with
the Landscape Plan unless otherwise approved by
the Director of Public Works. Root barriers shall
be installed surrounding each street tree or along
the sidewalk and back of curb on each side of the
street. This landscape strip shall be adequately
maintained by the individual homeowners under the
direction and oversight of the subdivision Home
Owners Association and the City of Dublin Public
Works Department. These landscaped areas shall
be fully irrigated and subject to the City's Water
Efficient Landsca e Re lations.
43. Improvements Constructed Prior to Occupancy. PW
All improvements (including curb, gutter,
sidewalks, driveways, paving, landscaping and
utilities) necessary to serve the development, must
be constructed prior to occupancy of the first
building in that phase in accordance with approved
City standards and to the satisfaction of the Director
of Public Works/City Engineer only after required
bonds and fees have been delivered and paid to the
Cit.
44. Permits for Oversized and Overweight PW
Constroction LoadslHaul Routes. Permits shall
be required for oversized and/or overweight
construction loads, as determined by the Director of
Public Works/City Engineer, coming to and leaving
from the site. If soil is to be imported or exported
from the site, a haul route plan shall be submitted to
the Cit for review and a roval.
45. Prevailing Wage. All public improvements PW
constructed by Developer and to be dedicated to the
City are hereby identified as "public works" under
Labor Code section 1771. Accordingly, Developer,
in constructin such im rovements, shall com I
Acceptance of PW
improvements by
City Council
Acceptance of PW
improvements by
City Council
Occupancy of PW
Adjacent
Building
Occupancy of PW
First Building
Issuance of Standard! PW
Grading Permit
Acceptance of Labor Code
improvements by section 1771
City Council
12
46. Home Owners Association. Applicant/Developer PW, PL
shall establish a subdivision Home Owners
Association by recordation of a declaration of
Covenants, Conditions, and Restrictions to govern
use and maintenance of City street landscape areas
and common areas and facilities. Said declaration
shall set forth the name of the association,
ownership of the private access roads, the
restrictions on the use or enjoyment of any portion
of the access roads for maintenance and/or access,
and the bylaws, rules and regulations of the
association. Prior to recordation, said CC&R
document shall be reviewed by the City
Engineer/Director of Public Works and the Director
of Community Development for compliance with
this condition.
The CC&Rs shall address the following:
a. Maintenance of the private access roads,
any common utilities, and any common
areas. The CC&R shall ensure that there is
adequate provision for the maintenance, in
good repair, and on a regular basis, of all
commonly owned facilities and areas. In
the event that any such area or facility falls
into a state of disrepair or fails to meet
performance standards established by the
CC&Rs, , the City will have the right, but
not the obligation, to take corrective
measures and bill the association for the
cost of such repair and corrective
maintenance work plus City overhead. The
declaration shall specify that, as it pertains
to the maintenance of the above-listed
items, it cannot be amended without the
consent of the City.
b. The parking of recreational vehicles
between a building and a public street,
along a public street, and on the private
street shall be prohibited. Recreational
Vehicles are defined as a motorhome, travel
trailer, utility trailer, boat, boat on a trailer,
horse trailer, camper where the living area
overhangs the cab, camping trailer, or tent
trailer, with or without motive power.
c. No vehicle parking will be allowed on both
sides of the private streets. This parking
restriction shall be indicated with red-
painted curbs, and with R26F "No Stopping
- Fire Lane" signs installed on both sides at
a spacing not to exceed 200'. Parking shall
also be restricted alon desi nated drive
13
Approval of
Final Map
PW,PL
aisles to assure unobstructed access through
the site.
d. Exclusive use, fencing, and maintenance of
reciprocal easements as shown on
development plan that allows the use of
side yard areas to access rear yards of
homes.
47. Landscaping. The Developer shall construct all PL,PW Completion of Standard
landscaping within the site and along the project Improvements
frontage from the face-of-curb to the site right-of-
way to the design and specifications of the City of
Dublin, and to the satisfaction of the Director of
Public Works and Director of Community
Development and in conformance with the
Landscape Plan, Sheet L-I. Street tree varieties of
a minimum 24-inch box size shall be planted at a
minimum of 30 feet on center along all street
frontages, and shall be shown on the Final
Landscaping Plans. Exact tree locations and
varieties shall be reviewed and approved by the
Directors of Public Works and Community
Development. The proposed variety oftrees to be
planted adjacent to sidewalks or curbs shall be
submitted for review to and approval by the
Director of Public Works. After acceptance these
trees and the associated irrigation system shall be
maintained b the Home Owners Association.
48. Landscaping at Private Street Intersections. PL,PW Completion of PL
Landscaping at private street intersections shall be Improvements
such that sight distance is not obstructed. Except
for trees, landscaping shall not be higher than 30
inches above the curb in these areas.
49. Decorative Paving. Applicant/Developer shall not PW Acceptance of PW
construct decorative pavement within City right-of- improvements by
way unless otherwise approved by the Director of the City Council
Public Works. The type of decorative pavers and
pavement section shall be subject to review and
approval of the Director of Public Works.
Decorative pavement across entrances to all private
streets shall be constructed to the satisfaction ofthe
Director of Public Works.
50. Relocation ofImprovements. Any relocation of PW Completion of Standard
improvements or public facilities shall be Improvements
accom lished at no ex ense to the Cit .
51. Layont and Design. Layout and design of the PW Issuance of PW
project parking, striping, drive aisles, and sidewalks Building Permits
within the project shall be configured to maximize
safety, circulation, convenience, and sight distance
per the City of Dublin zoning ordinance, standard
plans and details, and current policies as approved
b the Director of Public Works.
52. Transitioning Existing Improvements. PW Approval of Standard
Applicant/Developer shall be responsible for Improvement
Plans
14
transitioning existing improvements to match
improvements required as Conditions of Approval
for this Vestin Tentative Tract Ma .
53. Vehicle Code Enforcement on Private Property. PW Acceptance of of California
The Applicant/Developer shall support the City in improvements by Vehicle Code
adopting an Ordinance pursuant to California City Council
Vehicle Code (CVe) ~21107.6-8 for the
enforcement of the CVC along the private street
main entrance (Parcel A) and parking drive aisles.
Upon the effective date of the Ordinance, all CVC
provisions will be enforceable on the private street
including speeds, traffic control devices, noise, and
other driving regulations. Although the CVC does
not allow general enforcement of traffic regulations
within the entire parking field, it does specifically
allow enforcement of sections pertaining to unsafe
speed, exhibitionist speed, reckless driving, and off-
road vehicles. Appropriate signs shall be posted
within the property that indicate the area is subject
to ublic traffic re ulations and control.
54. LA VT A. Applicant/Developer shall consult with PW Occupancy of PW
the Livermore-Amador Valley Transit Authority Any Building
(LA VT A) on the bus route, on the periphery of the
proposed project. The location and configuration of
all bus stops, if required, and shelters shall be
constructed under direction of the City's Director of
Public Works.
55. Construction Traffic Routing. All construction PW Issuance of PW
traffic may be subject to specific routing, as Grading Permit
determined by the Director of Public Works, in
order to minimize construction interference with
re ional non- ro' ect traffic movement.
56. Stop Controls. Stop control devices for vehicles, PW Approval of Standard
including an RI STOP sign, STOP pavement Improvement
legend, 12"-wide white stop bar stripe, and Plans
appropriate delineation, shall be provided at the
following location: At the exit aisle approaches to
Starward Drive.
57. Lighting System. The Developer shall construct a PW, P, PL Approval of PW
site lighting system in accordance with the City of Improvement
Dublin Zoning Ordinance and to the satisfaction of Plans
the Director of Public Works. The Developer shall
submit a preliminary lighting plan showing the
distribution oflights on the site, type and location of
yard lights, and shall be reviewed and approved prior
to construction to the satisfaction of the Director of
Public Works, Dublin Police Services Division and
the Communit Develo ment De artrnent.
58. Streetlights. Streetlights for City streets PW Acceptance of PW
constructed with the project shall be the City improvements by
Standard cobra head luminaries with galvanized City Council
poles located in the public right-of-way. Either
standard Cit cobra head luminaries or a roved
15
decorative lights may be used on private streets.
All publicly-maintained street lights sball be
annexed into the Citywide Street Light Maintenance
Assessment District 1983-1. All decorative street
lights shall be maintained by the Home Owner's
Association. A street lighting plan which
demonstrates compliance with this condition shall
be submitted prior to recordation of the Final Map
and shall be subject to review and approval by the
Cit En ineer.
59. Yard Lighting. The Developer shall specify the type PW, P
and location of all yard lights on the on-site
improvement plans. These improvements shall be
subject to the review and approval of the Director of
Public Works rior to construction.
Approval of
Improvement
Plans
Standard
60. Utilities Service Report and Plan. PW, PL
Applicant/Developer shall submit a utilities service
report and plan to the satisfaction of the Public
Works Director and Community Development
Director along with documentation that domestic
fresh water, electricity, gas, telephone, and cable
television service can be provided to each residence
within the project and when such service will be
available.
61. Construction of Utilities. The Developer shall PW
construct all utilities as may be deemed necessary
to provide for the proper, clean, and safe
functioning of utility services for each proposed
residence within the project. All utility
construction is subject to the requirements and
specifications of the agency having jurisdiction
over the res ective utilit facilities.
62. Utility UndergroundingIPSE's. Utilities shall be PW
installed in accordance with the criteria established
in the Standard Public Works Criteria attached
hereto as Exhibit C. All utilities within the project
and to each lot shall be underground in accordance
with the City policies and existing ordinances. All
utilities shall be located and provided within public
service easements and sized to meet utility company
standards.
63. Transmission Lines. All transmission lines shall PW
be away from sensitive areas unless otherwise
a roved b the Director of Public Works.
64. Joint Utility Trenches/Undergroundingl Utility PW
Plans. Applicant/Developer shall construct all joint
utility trenches (such as electric, telephone, cable
TV, and gas) in accordance with the appropriate
utility jurisdiction. All communication vaults,
electric transformers, cable TV boxes, blow-off
valves and any utility items thereto shall be placed
underground and located behind the proposed
sidewalk within the ublic service easement, unless
16
Approval of
Improvement
Plans
Occupancy of
Any Building
Approval of
Final Map
Completion of
Improvements
Acceptance of
improvements
Standard
PW
Utilities
PW Standard
Standard
PW
Utilities
otherwise approved by the City Engineer/Director
of Public Works. Conduit shall be under the public
sidewalk within the right-of-way to allow for street
planting. Utility plans showing the location of all
proposed utilities shall be reviewed and approved
by the City Engineer/Director of Public Works prior
to installation..
65. Recycled Water. The Applicant/Developer shall PL,DSR Occupancy of PW
contact DSRSD as to the potential use of recycled affected units Utilities
water and, if necessary, contract with the Dublin
San Ramon Services District (DSRSD) to provide
water, wastewater, and and/or recycled water
service connection points to the project, including
all landscaped common areas. The plans for these
facilities shall be reviewed and approved by
DSRSD.
66. Recycled Water Laterals. If it is determined that PW Occupancy of See DSRSD
recycled water will be available to the site; the any Building conditions
landscaped common areas of the project shall have below
laterals installed to the satisfaction of the Director
of Public Works to enable future recycled water
connection in addition to potable water connection.
Recycled water lines shall be installed to serve
landscaped areas. All landscaped areas shall be
subject to the City's Water Efficient Landscape
Re ulations.
67. Utility Installation Prior To Installation of PW Approval of PW
Paving, Curb, Gutter or Sidewalks/Utility Stub Improvement
Connections. All water, gas, sewer, underground Plans
electric power, cable television or telephone lines,
and storm drain facilities shall be installed before
any paving, curb, gutter, or sidewalks are installed
or as approved by the Director of Public Works.
Utility stub connections to property boundaries
shall be required unless waived by the Director of
Public Works in writin .
68. Fire Rules, Regulations and Standards. F Issuance of Standard
Applicant/Developer shall comply with all Dublin Building Permits
Fire Prevention Services (ACFD) rules, regulations and through
and standards, including minimum standards for completion
vegetation management and emergency access
roads and payment of all applicable fees, including
City of Dublin Fire Facility Fees. The
Applicant/Developer shall comply with applicable
ACFD, Public Works Department, Dublin Police
Service, Alameda County Flood Control District
Zone 7 and Dublin San Ramon Services District
re uirements.
69. Fire Hydrants. The Applicant/Developer shall PW,F Completion of Standard
construct all new fire hydrants in accordance with Improvements
City of Dublin and Dublin Fire Prevention Services
standards. Final location of fire hydrants shall be
a roved b the ACFD in accordance with current
17
standards. Minimum fire flow design shall be for
1500 gallons per minute with 20 psi residual
(flowing from a single hydrant). Raised blue
reflectorized traffic markers shall be epoxied to the
center ofthe aved street 0 osite each h drant.
70. Fire Conditions. Applicant/Developer shall F
comply with all conditions of the Dublin Fire
Department (ACFD) including:
a. 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
em 10 ees and sub-contractors of the re uirements.
b. Access roads, turnarounds, pullouts, and fire F
operation areas and fire water supplies shall be
maintained clear and free of obstacles, including
parking. These areas are required fire lanes and
shall be assable to fire e ui ment at all times..
c. A means to contact emergency services and a F
minimum of one 4A 20BC fire extinguisher shall be
provided at the project site.
d. Prior to delivery of any combustible material F
storage on the site, fire hydrants, water supply, and
roadways shall be installed and sufficient water
storage and pressure shall be available to the site.
Approved roadway shall have the required
aggregate base compacted to 90% minimum.
e. Hot work activities such as welding, cutting, F
torches, and flame producing operations shall be in
accordance with the Fire Code.
Issuance of Standard
Building Permits
and through
com letion
Issuance of
Building Permits
and through
completion
Issuance of
Building Permits
and through
completion
Issuance of
Building Permits
and through
com letion
Issuance of
Building Permits
and through
completion
Issuance of
Building Permits
and through
completion
71. Fire Accesses. Fire access between residences F, PO
shall be controlled by fences and adequate gates to
revent unauthorized edestrian traffic.
72. Projected Timeline. Developer shall submit a PO
projected timeline for project completion to the
Dublin Police Services Department, to allow
estimation of staffing requirements and
assi nments.
73. Residential Security. The project shall comply PL, B
with the City of Dublin Residential Security
Requirements. Home Owner Association CC&Rs
for the project will include posting of private street
areas in accordance with California Vehicle Code
Section 22658, sections I and 2. Fire lanes will
also be posted in accordance with California
Vehicle Code Section 22500.1. The Develo er
Issuance of
Building Permits
and through
com letion
Finaling F, PO
Bnilding Permits
f. Plans may be subject to revision following review. F
Issuance of PO
Building Permits
Occupancy of PO Standard
Units
18
and/or Property Owner shall keep perimeter walls
clear of graffiti vandalism on a regular and
continuous basis at all times. Graffiti resistant
paints and foliage shall be used. The CC&R's shall
rovide for raffiti removal in e etuit.
74. Wells. Known water wells without a documented Zone 7
intent of future use, filed with Zone 7, are to be
destroyed prior to any demolition or construction
activity in accordance with a well destruction
permit obtained from Zone 7 and the Alameda
County Department of Environmental Services.
Other wells encountered prior to or during
construction are to be treated similarl .
75. Salt Mitigation. Recycled water projects must Zone 7. PW
meet any applicable salt mitigation requirements of
Zone 7.
76. Requirements and Fees. Applicant/Developer Zone 7, PW
shall comply with all Alameda County Flood
Control and Water Conservation District-Zone 7
Flood Control re uirements and a licable fees.
Issuance of Standard
Grading Permits
On-going Zone 7
Issuance of Standard
Building Permits
77. DSRSD Conditions. Applicant/Developer shall
comply with all conditions of the DSRSD
including:
DSRSD
a. Complete improvement plans shall be submitted to DSRSD
DSRSD that conform to the requirements of the
DSRSD Code, the DSRSD "Standard Procedures,
Specifications and Drawings for Design and
Installation of Water and Wastewater Facilities," all
applicable DSRSD Master Plans and policies, and
all Recycled Water Design and Construction
Standards.
b. All mains shall be sized to provide sufficient DSRSD
capacity to accommodate development project's
demand. Layout and sizing of mains shall be in
conformance with DSRSD utilit master lannin
c. Sewers shall be designed to operate by gravity flow DSRSD
to DSRSD's existing sanitary sewer system.
Pumping of sewage is discouraged and may only be
allowed under extreme circumstances following a
case by case review with DSRSD staff. Any
pumping station will require specific review and
approval by DSRSD of preliminary design reports,
design criteria, and final plans and specifications.
The DSRSD reserves the right to require payment
of present value 20-year maintenance costs as well
as other conditions within a separate agreement
with Applicant/Developer for any project that
re uires a urn in station.
19
DSRSD
Issuance of DSRSD
Building Permits
Issuance of DSRSD
Building Permits
Approval of DSRSD
Improvement
Plans
Domestic and fire protection waterline systems for DSRSD Approval of DSRSD
residential tracts or commercial developments shall Improvement
be designed to be looped or interconnected to avoid Plans
dead-end sections in accordance with requirements
of the DSRSD Standard Specifications and sound
en ineerin ractices.
e. DSRSD policy requires public water and sewer DSRSD Approval of DSRSD
lines to be located in public streets rather than in Improvement
off-street locations to the fullest extent possible. If Plans
unavoidable, public sewer or water easements must
be established over the alignment of each public
sewer or water line in an off-street or private street
location to provide access for future maintenance
and/or re lacement.
f. The locations and widths of all proposed easement DSRSD Issuance of DSRSD
dedications for water and sewer lines shall be Grading Permit
submitted to and a roved b DSRSD.
g. All easement dedications for DSRSD facilities shall DSRSD Approval of DSRSD
be by separate instrument irrevocably offered to Final Map
DSRSD or b offer of dedication on the Final Ma .
h. The Final Map shall be submitted to and approved DSRSD Approval of DSRSD
by DSRSD for easement locations, widths, and Final Map
restrictions.
1. All utility connection fees, plan checking fees, Issuance of DSRSD
inspection fees, permit fees, and fees associated Building Permits
with a wastewater discharge permit shall be paid to
DSRSD in accordance with the rates and schedules
established in the DSRSD Code.
J. All improvement plans for DSRSD facilities shall Issuance of DSRSD
be signed by the District Engineer. Each drawing Building Permits
of improvement plans shall contain a signature
block for the District Engineer indicating approval
of the sanitaty sewer or water facilities shown.
Prior to approval by the District Engineer,
Applicant/Developer shall pay all required DSRSD
fees, and provide an engineer's estimate of
construction costs for the sewer and water systems,
a performance bond, a one-year maintenance bond,
and a comprehensive general liability insurance
policy in the amounts and forms that are acceptable
to DSRSD. Applicant/Developer shall allow at
least 15 working days for final improvement
drawing review by DSRSD before signature by the
District En ineer.
k. No sewer line or water line construction shall be Issuance of DSRSD
permitted unless the proper utility construction Building Permits
permit has been issued by DSRSD. A construction and all DSRSD
permit will only be issued after all of the DSRSD requirements
conditions herein have been satisfied.
1. The Applicant/Developer shall hold DSRSD, its On-going DSRSD
Board of Directors, commissions, employees, and
agents ofDSRSD harmless and indemnify the same
from any litigation, claims, or fines resulting from
com letion of the ro'ect.
20
78. Construction by Applicant/Developer. All in- DSRSD Completion of Standard
tract potable and recycled water and wastewater Improvements
pipelines and facilities shall be constructed by the
Applicant/Developer in accordance with all DSRSD
master plans, standards, specifications and
re uirements.
79. Sanitary sewer capacity rights runs witb the DSRSD Issuance of any DSRSD
land. The property being subdivided has construction
previously been allocated 4.45 dwelling units permits or
equivalent (DUE) sewer capacity rights. The building permits,
Applicant/ Developer shall submit a written notice whichever comes
to the District indicating the reallocation of the first,
existing sewer capacity rights to the newly created
lots or arcels.
80. Hold Harmless/Indemnification. PL, ADM Through Standard
Applicant/Developer, and any parties or individuals completion of
granted rights-of-entry by Applicant/Developer, Improvements
shall defend, indemnifY, and hold harmless the City and Occupancy
of Dublin and its agents, officers, and employees of the Last
from any claim, action, or proceeding against the Building
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, Zoning Administrator,
or any other department, committee, or agency of
the City concerning a subdivision or other
development which actions are brought within the
time period provided for in Government Code
Section 66499.37; provided, however, that the
Applicant/Developer's duty to so defend,
indemnifY, and hold harmless shall be subject to the
City's promptly notifYing the Applicant/Developer
of any said claim, action, or proceeding and the
City's full actions or proceedings.
81. Conditions of Approval. In submitting subsequent B, PW, PL Issuance of PW Standard
plans for review and approval, each set of plans Building
shall have attached an annotated copy of these Permits.
Conditions of Approval. The 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. Applicant/Developer will be
responsible for obtaining the approvals of all
artici atin non-Cit a encies.
21
PASSED AND APPROVED this 25th day ofJanuary, 2005 by the following votes:
AYES:
Chair Schaub, Cm. Biddle, Fasulkey, and Wehrenberg
NOES:
ABSENT:
ABSTAIN: Cm. King
W;Jd~--
Planning Commission Chairperson
ATTEST~
Planning Man ger
22