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HomeMy WebLinkAbout1/17/1989 PC Agenda CITY OF DUBLIN ..Development Services r ` Planning,Zoning 829-4916 P.O. Box 2340 3uilding & Safety 829-0822 Dublin, CA 94568 Engineering/Public Works 829-4927 DECLARATION OF POSTING I declare under penalty of perjury that the foregoing Agenda for the Dublin Planning Commission meeting of JO NuJaAP4.). C7 , 19811, was posted at the Dublin Library, 7606 Amador Valley Boulevard, Dublin, California, on the L J of , 1981, by p.m. Executed this E ,Sl day of , 198), at Dublin, California. Laurence L. Tong Planning Commission Secretary by Oir ' Pla ni g Secretary `1 AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Library Tuesday-7:00 p.m. 7606 Amador Valley Blvd., Meeting Room January 17, 1989 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE TO THE FLAG 4. ADDITIONS OR REVISIONS TO THE AGENDA 5. MINUTES OF PREVIOUS MEETING - December 19, 1989 6. ORAL COMMUNICATION - At this time, members of the audience are permitted to address the Planning Commission on any item which is not on the Planning Commission agenda. Comments should not exceed 5 minutes. If any person feels that this is insufficient time to address his or her concern, that person should arrange with the Planning Director to have his or her particular concern placed on the agenda for a future meeting. 7. WRITTEN COMMUNICATIONS 8. PUBLIC HEARINGS 8.1 PA 88-009 Heritage Commons Planned Development Rezoning, Tentative Map and Site Development Review located at Amador Valley Boulevard and Stagecoach Drive (continued from the meeting of December 19, 1988) 9. NEW OR UNFINISHED BUSINESS 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: January 17, 1989 TO: Planning Commission FROM: Planning Staff /Ta SUBJECT: PA 88-009 Heritage Commons GENERAL INFORMATION: PROJECT: Planned Development Rezoning, Tentative Map, and Site Development Review APPLICANT: Casden Company Attn: Carl Steinberg 9090 Wilshire Boulevard Beverly Hills, CA 90211 PROPERTY OWNER: CoastFed Properties 9090 Wilshire Boulevard Beverly Hills, CA 90211 LOCATION: South of Amador Valley Boulevard South and East of Stagecoach Drive ASSESSOR PARCEL NUMBER: 941-2765-3/941-2765-4 PARCEL SIZE: 17.45+ acres GENERAL PLAN DESIGNATION: Medium density residential (6.1 to 14.0 units per acre) and Open Space; Stream Corridor EXISTING ZONING AND LAND USE: PD (Planned Development) Zoning Unit 1497 for a total of 309 units on this vacant property and the already developed Phase I property SURROUNDING LAND USE AND ZONING: North: PD, Single-Family and Medium Density Residential and open space East: PD, Residential & Commercial South: PD, Residential West: Southern Pacific right-of-way ZONING HISTORY: Heritage Commons was approved as a Planned Development by Alameda County in November, 1981. At that time, 309 attached residential units were approved. To date, Phase One, originally approved for 79 units has been developed with 73 units. Other phases were approved for 230 units. The 73 units were developed after a Conditional Use Permit was processed and approved by the Dublin Planning Commission in October, 1983. The 1983 Conditional Use Permit included: changes in the bedroom mix (one-bedroom units were added and the number of 2 and 3 bedroom units was decreased); stacked flats were eliminated in favor of all townhouse units; and the garages and driveways were redesigned to permit parking in the driveway. COPIES TO: Applicant/Owner ITEM NO. $♦ I File PA 88-009 i p ` APPLICABLE REGULATIONS: A. GENERAL PLAN: The General Plan designates the land use for this property as Medium Density Residential (6.1 to 14.0 units per acre) and Stream Corridor. Approximately 14.5 acres are in medium density and about 2.95 acres are in Stream Corridor. As explained in the zoning history, this site is part of Zoning Unit 1494 which would have permitted 230 dwelling units on the remaining vacant site (subject property). Since the approval of that project the City has adopted the General Plan which includes the "Stream Corridor" designation on a portion of the property. Staff advised the Applicants that the stream corridor area could not be used in calculating permissible density. The creek lacks high visual quality due to relatively sparce vegetation and has marginal accessibility which substantially reduce the natural resource value of the creek. Since the site was previously approved for 230 units and the creek, as it exists does not have high natural resource value. Staff advised the Applicants that one dwelling unit per acre of stream corridor could be credited toward the overall project density. Permissible number of units is 90 to 206 (assuming one dwelling unit per acre of Stream Corridor). Medium Density allows duplex, townhouses and garden apartment development suitable for family living. Guiding Policy 3.1 of Open Space for Preservation of Natural Resources and for Public Health and Safety states: Preserve oak woodlands, riparian vegetation, and natural creeks as open space for their natural resource value. B. ZONING ORDINANCE: 8-31.0 Planned Development Districts: Intent: Planned Development Districts, hereinafter designated as PD Districts, are established to encourage the arrangement of a compatible variety of uses on suitable lands in such a manner that the resulting development will: 1) Be in accord with the policies of the General Plan of the City of Dublin. 2) Provide efficient use of the land that includes preservation of significant open areas and natural topographic landscape features with minimum alteration of natural land forms. 3) Provide an environment that will encourage the use of common open areas for neighborhood or community activities and other amenitites. 4) Be compatible with and enhance the development of the general area. 5) Create an attractive, efficient and safe environment. 8-31.2 Change in Zone District Required: This section requires: 1) The determination that the proposal will benefit the public necessity, convenience and general welfare be based, in part on the conformance of the proposal with provisions of the Zoning regulations. 2) A Planned Development District shall be established by the adoption of an ordinance by the City Council reclassifying the property to Planned Development and adopting (by reference) a Land Use and Development Plan with provisions for the use, improvement and maintenance of the property. 8-95.0 Site Development Review: This review is intended to: 1) promote orderly, attractive and harmonious development; [PA88-009:Ag Stmt PC 1/17/89] -2- 2) recognize environmental limitations on development; 3) stabilize land values and investments; and 4) promote the general welfare by preventing establishment of uses or erection of structures having qualities which would not meet the specific intent clauses or performances standards of the Zoning regulations or which are not properly related to their sites, surroundings, traffic circulation, or their environmental setting. Procedures for Site Development Review (SDR) indicate that the Planning Director shall decide applications for SDR without a public hearing except in the case of a concurrent Variance or Conditional Use Permit. It is the policy of the Planning Department to extend the public hearing requirement for concurrent rezonings and tentative maps as well. C. SUBDIVISION REGULATIONS Section 1.2 of the City subdivision regulations state that it is the intent of the Subdivision Ordinance to: 1) promote the public health, safety and general welfare; 2) assure in the division of land consistent with the policies of the General Plan and with the intent and provision of the Zoning Ordinance; 3) coordinate lot design, street patterns, rights-of-way, utilities and public facilities with community and neighborhood plans; 4) assure that areas dedicated for public purposes will be properly improved initially so as not to be a future burden upon the community; 5) preserve natural resources and prevent environmental damage; 6) maintain suitable standards to insure adequate, safe building sites; and 7) prevent hazard to life and property. Section 8-2.5 of the Subdivision regulations states that Conditions of Approval to tentative maps may include dedication and improvement of streets, alleys including access rights and abutter's rights, drainage, public utility easements and other public easements. Section 8-2.6 requires that a tentative map must be in conformance with the subdivision ordinance, zoning ordinance and any other ordinance of the City. ENVIRONMENTAL REVIEW: Mitigated Negative Declaration NOTIFICATION: Public Notice of the December 19, 1988, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: This item was continued from the December 19, 1988 Planning Commission Hearing, requesting that Staff provide 1) additional information on the School District's long range plans, 2) information on any easements which may exist between the current Heritage Commons Development and the subject property, and 3) a traffic consultant to explain the traffic report and some of the methodology behind traffic analysis. In addition, several other questions were raised during public testimony. [PA88-009:Ag Stmt PC 1/17/89] -3- /'*.t, !t SCHOOLS A letter was sent to the Superintendent of Schools for the Dublin Unified School District asking for information on school projections and long range plans of the School District. The School District has provided some of this information via telephone. Currenity, the District has a total enrollment (K-12) of 3164 students. These students are in schools with grades K-5 (1482 students), 6-8 (765 students) and 9-12 (917 students). District-wide there is adequate capacity for any students generated by new projects within the City limits (including this project). The District is currently preparing a new master plan to reflect the new District's boundaries which became effective July 1, 1988. In addition to curriculum plans, the master plan will address enrollment and projections for each of the school facilities. If necessary, school boundaries will be adjusted so that enrollment at a school will not exceed its capacity. The District specifically mentioned the need to examine the Frederiksen and Murray school boundaries. This master plan will not be available for about six months. The District may be able to provide information on enrollment and projections prior to the completion of the master plan. In terms of this project, the District has assured the Planning Department Staff that students can be accommodated. EASEMENTS Residents from Heritage Commons Phase 1 were concerned about use of their private street by the future project. Questions were raised regarding recorded easements for the use of Stagecoach Drive by future phases. The Applicant has provided the City with several documents to demonstrate the existence of an easement for ingress and egress to the remaining portions of Heritage Commons. In summary, these documents include: Grant Deed of property to Olympic Savings reserving an easement to southern parcel, by Maximillian Manufacturing Company, recorded January 29, 1982 (Attachment 12). Final Amended Map for Tract 4950 which states in a note that Stagecoach Drive encompasses an easement for ingress, egress, etc. reserved by Maximillian Manufacturing Company in a deed recorded January 29, 1982 (above Grant Deed) (Attachment 13) CC&R'S for Heritage Commons Homeowner's Association, page 22 (Section F) which refers to an easement for reasonable access and use to the owners of any lots and/or units in any subsequent phase of the project which is annexed pursuant to Article II of the CC&R's. (Attachment 14). Applicant's Letter which summarizes the documents sent to the City for review (Attachment 15). Staff has reviewed these documents and is satisfied as to the existence of an eaesment for ingress and egress to the subject property. Condition #22 of the Tentative Map conditions requires that an agreement for cross access for Subdivision 4950 (existing Heritage Commons) and 5883 (this project) be recorded. In addition, Conditions #21, #38 and #75 emphasize the need for proper recordation and verification of easements for this property. Provisions for maintenance of any commonly used facilities (e.g. Stagecoach Drive) would be subject to the review and approval of the City Engineer and Planning Director during review of CC&R's and improvement plans for this project. TRAFFIC, CIRCULATION AND PARKING Mr. Charles Abrams of Abrams Associates has been asked to attend the hearing. Abrams Associates prepared the traffic study which addresses project specific impacts related to traffic and circulation. Mr. Chris Kinzel from TJKM, the [PA88-009:Ag Stmt PC 1/17/89] -4- City's traffic consultants, has also been invited to the hearing. TJKM reviewed the Abrams Associates traffic study, especially the recommendation for a median break on Amador Valley Boulevard. Project circulation would be provided by a main loop road which would connect the existing Stagecoach Drive to the main entry on Amador Valley Boulevard. The use of Stagecoach Drive for this project is discussed above under easements. City Staff has required the loop road to provide more efficient circulation for the project. Efficient circulation is especially important for emergency vehicles. Project parking would be a minimum of 2.15 spaces per dwelling unit. The site plan indicates closer to 2.23 spaces per unit. Each unit would have one assigned carport space. Conditions of approval would require that 15% of the required spaces (minimum 66 spaces) be reserved for visitors. Some site plan modifications suggested by Staff could reduce the parking by 3-6 spaces, however total parking would still meet the minimum requirements. The traffic study included peak hour traffic counts at intersections and roadway sections, and counts at the entry to Heritage Commons. These counts were taken September 19-30, 1988. EXISTING HERITAGE COMMONS The existing phase of Heritage Commons (Phase 1) was constructed in 1984. Several modifications to the project originally approved by Alameda County were processed through the City prior to construction. Phase 1 consists of 73 units on 5.21 acres. Unit mix is shown in the following table: Phase 1 Units Unit Type Size Quantity Studio 495 s.f. 3 1 Bedroom 1020 s.f. 27 2 Bed/2-1/2 Bath 1225 s.f. 30 3 Bedroom 1288 s.f. 13 73 The Phase 1 units are larger than those proposed for this project (Phases 2-4). Parking for Phase 1 is provided in one and two-car garages, driveway parking and designated perpendicular and parallel parking off the private streets. Total parking for the project is 86 garage spaces, approximately 64 driveway spaces, and 33 off-street spaces for a total of about 183 spaces (2.50 spaces per dwelling unit). PROPOSED PROJECT Several other items were raised during public testimony which require clarification. Project Name: The application bears the name Heritage Commons. This name was used by Staff in processing the application as the Applicant had not selected a new project name. This project will have its own name and identity from the existing Heritage Commons; the Applicant has indicated Alamo Creek may be the project name. Construction Access: The recommended Conditions of Approval include a provision that all construction access to the project be provided directly from Amador Valley Boulevard. Exceptions to that access may be granted by the City Engineer for limited construction which cannot be provided directly from Amador Valley Boulevard. The developer would be responsible for repairing any damage to Stagecoach Drive that results from construction traffic. [PA88-009:Ag Stmt PC 1/17/89] -5- { Setbacks: Building setbacks from the property line are generally 15 feet or greater. Staff has recommended approval of 10 foot setbacks in two spots where adjacent buildings are over 20 feet from the property line or the building is not for residential use (i.e. recreation room). Attachment 16 highlights these two exceptions. Landscape Buffers: A concern was raised that it did not appear from the site plan (Attachment 2) that adequate landscape buffers were being provided between Phase I and the proposed project. The conceptual landscape plan (Attachment 3) more accurately shows proposed landscaping of the site. A full sized landscaping plan will be exhibited at the Public Hearing. A typical landscaping treatment from a full sized plan is shown on Attachment 17. Creek Resources: A concern was raised regarding the creek as a natural resource. The December 19, 1988 Staff Report stated that the creek, as it exists, does not have high resource value due to relatively sparce vegetation and poor accessibility of the creek. The resource value of the creek is relative to other creeks in Dublin. Martin Canyon and Koopman Canyon Creeks for example, would have high resource values. However, the General Plan does designate Alamo Creek as "Stream Corridor" to be maintained as open space for its natural resource value. The Planned Development Rezoning and Tentative Map Conditions of Approval include conditions that would require enhancement and revegetation of disturbed areas of the creek as well as protection of existing mature trees. The result would be an improved habitat and higher natural resource value of the creek. Conditions of construction and revegetation in the creek are similar to those of the Rafanelli & Nahas project, The Villages. Unit Ownership: The Applicants have requested the units to be apartment/condominium. The Applicant has indicated that the units will be offered as rentals initially. At such time as the market is more supportive of condominiums they would offer the units for individual sale. Conditions #52 and #53 of the Planned Development include standards to assure that applicances, roof, utilities, exterior paint, etc. are in good condition. Condition #54 (PD) requires that a minimum of 10% of the units be available for rental for a period of five years. Environmental Review: Staff has prepared an environmental analysis for the project and is recommending that a Mitigated Negative Declaration of Environmental Significance be adopted. In addition to a checklist, the environmental assessment includes a short discussion of several environmental resources including: Drainage and Channel Form; Slope Stability, Foundation Support and Consolidation; Storm Water Drainage; Nuisances; Community Organization; Archaeological Resources; Energy and Conservation and Waterways. In addition, the environmental assessment includes a summary of reports prepared on: Transportation; Noise; and Plants and Animals. Specific mitigation measures, identified in the environmental assessment are included as Conditions of Approval for the project. Staff is recommending approval of the Mitigated Negative Declaration as it is believed that the recommended Conditions of Approval will mitigate any adverse environmental impacts associated with the project. Specific questions pertaining to potential traffic impacts and creek (biology) are discussed in previous paragraphs of this report. Questions regarding other environmental resources were not raised at the December 19, 1988 meeting. An EIR was not prepared for this project, nor was an EIR prepared for the previous approval of Heritage Commons. RECOMMENDATION: FORMAT: 1) Open public hearing and hear Staff presentation. 2) Take testimony from Applicant and the public. 3) Question Staff, Applicant and the public. 4) Close public hearing and deliberate. 5) Take action regarding the Negative Declaration, Monitoring Program, Planned Development Rezoning, Tentative Tract Map, Traffic Impact Fee and Site Development Review; or give Staff and the Applicant direction and continue the item. ACTION: Approve the following resolutions recommending that the City Council: [PA88-009:Ag Stmt PC 1/17/89] -6- a) Adopt a Mitigated Negative Declaration of Environmental Significance; b) Adopt a monitoring program for mitigation measures incorporated into the project. c) Rezone the property to Planned Development (PD) district (PA 88-009.1); d) Approve Tentative Tract Map 5883 (PA 88-009.2); e) Approve Traffic Impact Fee; and f) Approve the Site Development Review (PA 88-009.3); ATTACHMENTS: Exhibit A: Resolution recommending City Council adopt a Mitigated Negative Declaration of Environmental Significance Exhibit B: Resolution recommending City Council adopt a Monitoring Program for mitigation measures incorporated into the project. Exhibit C: Resolution recommending City Council adopt the rezoning of the property to Planned Development Exhibit D: Resolution recommending City Council adoption of Tentative Tract Map 5883 Exhibit E: Resolution recommending City Couincil impose a Traffic Impact Fee Exhibit F: Resolution recommending City Council adoption of Site Development Review Background Attachments: Note to Planning Commission: PLease bring a copy of the December 19, 1988 Staff Report to the January 17, 1989 meeting. Contact the Planning Department Staff if you need another copy of this report. Refer to December 19th Staff Report for the following attachments: Attachment 1: Zoning Map Attachment 2: Site Plan Attachment 3: Landscaping Plan Attachment 4: Floor Plans (2 sheets) Attachment 5: Elevations (3 sheets) Attachment 6: Tentative Map Attachment 7: Initial Study (Environmental Assessment) Attachment 8: Negative Declaration Attachment 9: Land Use Areas Map Attachment 10: Applicant's Written Statement Attachment 11: Site Development Review Staff Study Attached hereto: Attachment 12: Grant Deed Attachment 13: Final Amended Map for Tract 4950 Attachment 14: CC&R's for Heritage Commons (excerpts) Attachment 15: Letter from Carl Steinberg to City Staff dated 1/9/89 Attachment 16: Property Line Setback Exceptions Attachment 17: Typical Landscaping Buffers [PA88-009:Ag Stmt PC 1/17/89] -7- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE BE ADOPTED FOR THE PLANNED DEVELOPMENT (PD) REZONING, TENTATIVE MAP 5883 AND SITE DEVELOPMENT REVIEW REQUESTS FOR A PLANNED RESIDENTIAL DEVELOPMENT OF 206 DWELLING UNITS, AND COMMON OPEN SPACE PROPOSED OVER A 17.45+ ACRE PROPERTY SOUTH OF AMADOR VALLEY BOULEVARD, SOUTH AND EAST OF STAGECOACH DRIVE, COLLECTIVELY REQUESTED UNDER PA 88-009.1, .2 AND .3, HERITAGE COMMONS PHASE 2-4, COASTFED PROPERTIES, CASDEN COMPANY WHEREAS, Casden Company submitted a request that the City rezone to a Planned Development (PD) District 17.45+ acres lying south of Amador Valley Boulevard with concurrent requests for Tentative Map and Site Development Review approval covering the Planned Residential Development; and WHEREAS, the California Environmental Quality Act (CEQA), as amended together with the State's administrative guidelines for implementation of the California Environmental Quality Act and City Environmental regulations, requires that certain projects be reviewed for environmental impact and that environmental documents be prepared; and WHEREAS, pursuant to Public Resources Code Section 21000 et. seq., a Mitigated Negative Declaration of Environmental Significance has been prepared by the Dublin Planning Department with the project specific mitigation measures outlined in Staff's Environmental Assessment dated December 7, 1988, regarding: 1. Biological Resources 2. Traffic and Circulation 3. Noise 4. Archaeology 5. Slope Stability, Foundation Support, Consolidation 6. Nuisances 7. Conservation WHEREAS, the Planning Commission did review and consider said Mitigated Negative Declaration of Environmental Significance at its meetings of December 19, 1988 and January 17, 1989; WHEREAS, proper notice of said public hearing was given as legally required; and WHEREAS, the Planning Commission determined that the project, PA 88- 009.1, .2 and .3, has been changed by the Applicant and/or the Applicant has agreed to provide mitigation measures resulting in a project that will not result in the potential creation of any significant environmental impacts identified in the Environmental Assessment. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission recommends that the City Council find that the Mitigated Negative Declaration of Environmental Significance has been prepared and processed in accordance with State and Local Environmental Law and Guideline Regulations and that it is adequate and complete. PASSED, APPROVED AND ADOPTED this 17th day of January, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director [PA88-009:Reso PC (ND) 1/17/89] EXHIBIT A HERITAGE PA MITIGATED NEG DEC RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL ADOPT A REPORTING OR MONITORING PROGRAM FOR THE PLANNED DEVELOPMENT (PD) REZONING, TENTATIVE MAP AND SITE DEVELOPMENT REVIEW REQUESTS OF 206 DWELLING UNITS AND COMMON OPEN SPACE PROPOSED OVER 17.45+ ACRE PROPERTY SOUTH OF AMADOR VALLEY BOULEVARD, SOUTH AND EAST OF STAGECOACH DRIVE, COLLECTIVELY REQUESTED UNDER PA 88-009. 1, .2 AND . 3 HERITAGE COMMONS PHASE 2 THROUGH 4, COASTFED PROPERTIES, CASDEN COMPANY WHEREAS, Casden Company submitted a request that the City rezone to a Planned Development (PD) District 17.45+ acres lying south of Amador Valley Boulevard with concurrent requests for Tentative Map and Site Development Review approval covering the planned residential development; and WHEREAS, the project has been reviewed for environmental impacts pursuant to the California Environmental Quality Act (CEQA) together with the States Administrative Guidelines; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance was prepared by the Dublin Planning Department with project specific mitigation measures; and WHEREAS, the Planning Commission has recommended in Resolution that the City Council adopt the Mitigated Negative Declaration at a public hearing; and WHEREAS, the Planning Commission reviewed the Staff Report which recommends that the project be approved subject to specific mitigation measures; and WHEREAS, the California Public Resources Code Section 21081.6 requires that the City adopt a Reporting or Monitoring Program for the changes to the project which the City has adopted in order to mitigate or avoid significant effects on the environment. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission hereby recommends that the City Council approve the Monitoring Program dated December 14, 1988, and attached hereto as Attachment 1. PASSED, APPROVED AND ADOPTED this 17th day of January, 1989. AYES : NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director PA 88-009 [PA88-009:Reso PC (Monitor) ] HERITAGE COMMONS MONITORING PROGRAM PA 88-009 HERITAGE COMMONS PD REZONING, TENTATIVE MAP AND SITE DEVELOPMENT REVIEW MONITORING PROGRAM December 14, 1988 The Applicant shall be responsible for any and all costs incurred in monitoring mitigation measures. A. Biological Resources - Mitigation measures to protect biological resources will be monitored in the following manner: 1. Construction permits for grading improvements and buildings shall not be issued unless plans reflect tree preservation, tree revegetation and construction techniques specified in the Mitigated Negative Declaration. Construction documents shall specify conformance. (Responsibility: Planning Department) 2. Final inspection of improvements will not be granted until all improvements specified on the plans have been instituted. (Building Inspection Department; Planning Department; Public Works Department) 3. Planning Department personnel will inspect the creek area approximately every six months after final inspection, until the creek area is turned over to Zone 7, to assure that the creek vegetation is being properly maintained. (Planning Department) B. Traffic and Circulation 1. Final improvement plans shall include the design of the median break on Amador Valley Boulevard. These improvements shall be bonded to assure that if the developer does not complete the work, the City can cause the work to be completed. (Public Works Department) 2. Traffic impact fees will be collected prior to issuance of building permits. (Building Inspection Department) C. Noise 1. Building plans shall specify the 1) low air infiltration rate frames for the affected buildings and 2) the means by which these units will be mechanically ventilated or air-conditioned. (Building Inspection Department) D. Archaelogy 1. Construction plans or specifications shall state that project construction shall be stopped if archaeological materials are discovered so that the materials can be evaluated by a qualified archaeologist. (Planning Department) E. Slope Stability, Foundation Support, Consolidation 1. Copy of revised soils report shall be submitted with improvement plans. Construction permits will not be issued unless plans reflect recommendations in the soils report. (Public Works Department) F. Nuisances 1. Construction plans shall specify dust paliative measures. Construction permits shall specify hours of operation. (Public Works Department) [PA 88-009:Monitoring OP EMI T f PA88—OC9 .. .. G. Conservation 1. Building permits shall not be issued unless plans indicate individual gas meters for each unit. Building permits for pools shall not be issued unless solar heating is included. (Building Inspection Department) [PA 88-009:Monitoring Program] RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE AND ESTABLISH FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING CONCERNING PA 88-009.1 HERITAGE COMMONS, SOUTH OF AMADOR VALLEY BOULEVARD BETWEEN THE SOUTHERN PACIFIC RIGHT-OF-WAY AND ALAMO CREEK WHEREAS, CoastFed Properties is requesting the City rezone approximately 17.45 acres lying south of Amador Valley Boulevard between the Southern Pacific right-of-way and Alamo Creek to a Planned Development (PD) District for a planned residential/development of 206 multiple family residential units; and WHEREAS, the Planning Commission did hold public hearings on the project on December 19, 1988 and January 17, 1989; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Staff Reports were submitted recommending that the application be approved subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony as herein set forth; and WHEREAS, pursuant to State and City environmental regulations, a Mitigated Negative Declaration of Environmental Significance has been previously recommended for adoption for the Rezoning, Tentative Map and Site Development Review requests (Planning Commission Resolution No. ) ; and WHEREAS, the Planning Commission finds that the proposed rezoning, as modified, is consistent with the City General Plan and Policies; and WHEREAS, the Planning Commission finds that the proposed rezoning will not have a significant environmental impact; and WHEREAS, the rezoning is appropriate for the subject property in terms of being compatible to existing land uses in the area, and will not overburden public services; and WHEREAS, the rezoning will not have substantial adverse effects on health or safety, or be substantially detrimental to the public welfare, or be injurious to property or public improvements; and WHEREAS, there is little or no probability that the rezoning, as modified, will be a detriment to, or interfere with, the City' s General Plan. NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission hereby recommends that the City Council approve the Planned Development (PD) Rezoning request PA 88-009. 1 subject to the following Conditions of Approval. PA 88-009 [PA88-009.1:Reso PC (PD) 1/17] EXHIBIT HERITAGE PLANNED DEVELOPMENT CONDITIONS OF APPROVAL: Unless otherwise specified, the following conditions shall be complied with prior to issuance of building permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. GENERAL REQUIREMENTS: 1. This approval is for a planned residential development of 206 multi- family dwelling units along with on-site recreation facilities, consistent with the following submittals. Except as specifically modified elsewhere in these Conditions, development shall be generally consistent with the following submittals: A. Conceptual site plan, floor plans, elevation prepared by the Casden Company for CoastFed Properties, consisting of six (6) sheets and dated received December 12, 1988 (Architectural Plans) and one (1) sheet dated received October 28, 1988 (Site Plan). B. Conceptual landscape plan prepared by Robert Bucci Associates, consisting of one (1) sheet and dated received November 7, 1988. C. Tentative Tract Map 5883 prepared by Bissel & Karn, Inc. consisting of one (1) sheet and dated received October 26, 1988. Collectively, these materials shall serve as Exhibit "A" for this project and shall be maintained on file with the Planning Department. 2. Site Development Review approval for this project shall be secured prior to issuance of building permits. 3. Except as may be specifically provided for within these Conditions of Approval, the development shall be subject to the requirements of the R-S zoning district. 4. Any exterior modifications such as trellises, sunshades, patio covers, or fences or other accessory structures must comply with a master plan that is architecturally compatible with approved project design, and approved by the Planning Director for this development prior to permit issuance for the development. The master plan shall remain on file with the City as a guide for future modifications by individual owners. 5. Except as may be specifically provided for within these conditions of approval, the development shall comply with City of Dublin Site Development Review Standard Conditions (see Attachment A). 6. Except as may be specifically provided for within these Conditions of Approval, development shall comply with City of Dublin Police Services Standard Residential Building Security Requirements (see Attachment B). 7. Approval of this Planned Development is for two (2) years as is specified in Section 8-31.2(b) of the Zoning Ordinance. A formal project phasing schedule shall elaborate on this requirement and detail timing of construction of all major project improvements. 8. If the subject project is not subdivided, as proposed under Tentative Tract Map 5883, the project shall remain subject to the Conditions of Approval established for that Subdivision, as determined applicable by the City Engineer and the Planning Director. 9. Mitigation measures and monitoring program specified in City Council Resolutions and are made a part of these Conditions of Approval. [PA88-009.1:Reso PC (PD) 1/17) AIR QUALITY 10. Particulate Control A. Dust control measures, as approved by the City Engineer, in conjunction with the project's improvement plans, shall be followed at all times during grading and construction operations. Construction areas shall be sprinkled during periods when work is proceeding and during other periods, as required, to minimize the generation of dust. B. Graded slopes over 5 feet in height shall be revegetated and hydromulched upon completion of grading operations if to be unlandscaped through the winter season. Where feasible, hydromulch shall be installed in stages. C. To the extent feasible, phased project construction shall balance cut and fill to avoid off-hauling, or import of material along roadways. BIOLOGICAL RESOURCES 11. Loss of Major Trees A. Trees identified in the Tree Report, prepared by HortScience, Inc. on October 5, 1988, and the Addendum prepared November 11, 1988, shall be preserved and protected. The project shall implement the Tree Preservation Design, Construction, and Maintenance Guidelines contained in the Tree Report. Within the creek channel, the Applicant shall have the responsibility for implementing these guidelines for a minimum period of one (1) year from the completion of construction, or until the Alameda County Flood Control District or other public entity accepts the channel, whichever is later. B. During site preparation and construction, a horticulturalist shall monitor and implement the specific preservation plan, and shall supervise construction activities, especially grading and pruning, as needed to implement the plan. C. A revegetation plan for the creek shall be prepared and implemented which includes the replanting of native species on disturbed areas. The revegetation plan shall include provisions to aid new trees during early years through irrigation, fertilization, deer protection and disease prevention. Areas where existing vegetation shall remain shall be marked on plans. D. Two new trees of at least 15 gallon size shall be provided within the creek tree planting plan area to mitigate the loss of each existing tree over 6 inches in diameter. To the extent feasible, new trees shall be of the same species as the trees lost. All plans for additional tree planting shall be subject to review and approval by Alameda County Flood Control District Zone 7. E. Whenever possible, construction activities shall be restricted from within the drip line. At the maximum, no more than 40 percent of the area within the drip line for trees planned to be preserved shall be altered. Placement of rip-rap within the drip line is permitted under supervision of a qualified horticulturalist and as specified in Condition "11-L" below. F. During project construction, damaged roots shall be cut cleanly with a saw. Trenches shall be back-filled as soon as possible to avoid exposure of roots from dessication. Irrigation during and following construction shall be provided where necessary. G. Supplemental irrigation for trees subject to stress shall be provided. H. Positive drainage away from tree trunks shall be established and water shall not be allowed to stand at the base of the trees. [PA88-009.1:Reso PC (PD) 1/17] I. Open areas around trees to be preserved shall not be grubbed where grading activities are not required. J. Horticultural care, monitoring of pest population and the incidence of disease and control treatments when necessary, shall be provided. This measure shall apply to all trees with health classified by the Tree Report as A, B, or C and as identified by the tree preservation identification list as "preserved" or as having a good or moderate suitability of being preserved. K. Temporary fences shall be constructed around the trees to be preserved to exclude all equipment from within the drip line. L. Placement of soil and/or rip-rap or other slope protection materials around the base of trees must be accomplished by hand, or with equipment that is not standing within the drip line of trees to be preserved. M. All wounds to trees to be preserved shall be repaired promptly, with such repair and pruning to be performed by a qualified arborist. 12. Riparian Habitat Loss A. Temporary fencing shall be provided during the construction for those areas of riparian habitat not intended to be included within the construction zone. B. An erosion and siltation control plan shall be incorporated within the grading plan for the project. C. A revegetation effort shall be implemented on all reconstructed channel banks as soon as possible after construction is completed to enhance riparian habitat consistent with proper channel maintenance for flood control. Such revegetation plans shall include the following: (1) Use of trees, shrubs and vine species native to the region. (2) Use of shrubs with high wildlife value on the lower channel slopes. (3) Use of indigenous tree species, such as valley oak, live oak and buckeye, on the upper channel slopes together with shrubs and vines to approximate a natural riparian community. (4) Trees, shrubs and vines may be established from seeds, liner stock or small container stock (one gallon) or hydromulch where feasible. (5) Undertaking of an irrigation program to aid survival of woody plants during the first few summers. Where feasible, fixed irrigation shall be installed. (6) Inclusion within the revegetation plan of portions of the existing riparian corridor which are intended to be left in their present condition, including provisions for native trees, shrubs and vines, where they do not now exist. (7) Obtaining the approval of Alameda County Flood Control District for the revegetation plan, which shall be consistent with Flood Control maintenance requirements. (8) Provision of revegetation along the riparian corridor and the successful establishment of plantings. Subsequent maintenance and management of vegetation in the stream channel will be the Applicant's responsibility for one (1) year following completion of construction. [PA88-009.1:Reso PC (PD) 1/17] n 13. Construction Phase Impacts A. Except with the permission of the City Engineer, earth moving shall be undertaken and carried out during the dry season. B. Prior to winter rains, all bare ground shall be hydroseeded. If grading is undertaken during winter time conditions, a plan shall be submitted for stabilization and control of erosion. Such plan may include mechanical soil stabilization, sediment barriers, and settling ponds. C. Conditions of the California Department of Fish and Game Stream Alteration Permit shall be followed to minimize erosion during construction in the creek channel. D. Sediment control measures shall be used within construction areas to reduce movement of silt and other sediment from the site. E. In order to protect both the riparian corridor and isolated trees from construction equipment, vehicular activity, and dumping of trash and debris, areas not intended to be graded shall be protected with temporary fencing. 14. Long Term Impacts Human use of the riparian corridor and stream channel shall be restricted and, where feasible, fencing erected for this purpose. ENERGY 15. All units shall contain standard and currently available energy saving devices, and shall be insulated in accordance with Title 24, State of California Administrative Code. All buildings shall be designed to comply with Title 24 Energy Regulations. 16. All units shall be provided with separately metered gas for hot water. All meters shall be screened from view within an enclosure that is compatible in design, location and materials to that of the building to which it is to be installed. 17. Exterior lighting fixtures shall be energy efficient, fluorescent or metal vapor lighting. 18. Landscape design shall incorporate use of solar shading for south- and west-facing walls. 19. Recreation area pools shall incorporate solar heaters. The developer shall submit documentation that the number, size, location and design at the solar collector panels will suffice to provide adequate pool heating for a reasonable length of time in each calendar year. Heating of the pools may be supplemented by gas heaters. The use of pool covers may be used in place of or in conjunction with solar heaters providing the Applicant can demonstrate reasonable energy conservation to the satisfaction of the Planning Director. HYDROLOGY AND WATER QUALITY 20. Increased Flows A. A hydraulic analysis shall be prepared to demonstrate that sufficient capacity exists in the Alamo Creek channel to meet the future flows both of this project and future buildout of the Alamo Creek drainage. B. Six-foot black clad chain link fencing shall be installed along both sides of the creek. 21. Increased Erosion and Sedimentation A. Grading within Alamo Creek shall be limited to the period from April 15 through October 1 of each year. [PA88-009.1:Reso PC (PD) 1/17j ' B. An erosion control plan shall be prepared by the developer's Engineer and submitted with the grading plan. The plan shall be in use until permanent storm sewers have been installed and streets paved, and then these erosion control plans shall be modified to the new Conditions. Erosion control plans shall include, as required, hydromulching cut-and-fill slopes, sediment barriers, and sedimentation basis and ponds. Grading shall be conducted in such a manner that standing water is not retained in the vicinity of trees to be preserved. C. A permanent revegetation plan shall be prepared for revegetation of the channel, consistent with the requirements of Alameda County Flood Control District Zone 7. D. Culverts discharging into the stream channel shall be constructed in such a manner as to avoid erosion by providing impervious spillways on the side slopes into the bottom of the channel E. Final improvement plans prepared for the channel shall maintain the maximum amount of existing channel vegetation feasible and shall preserve existing tree stands identified in the Tree Report, October 5, 1988 and Addendum, November 11, 1988, prepared by HortScience, Inc. MUNICIPAL SERVICES AND FACILITIES 22. Water Supply A. The project shall incorporate all reasonable water conservation measures including water conservation appliances and separate metering of gas for hot water heaters. The project Architect, or Civil Engineer, shall provide a letter to the Planning Director or Building Inspector stating the water conservant toilets, shower heads, and automatic dishwashers with low flow cycles will be installed in the units in this project. 23. Fire Protection A. All dwelling units within the project shall incorporate smoke detectors and spark arrestors on fireplaces. B. Maintenance roads for the creek shall be available for emergency access. Emergency access routes are subject to the approval of DRFA (Dougherty Regional Fire Authority). C. Fire hyrdants at the locations approved by DRFA shall be installed and operable, to the satisfaction of DRFA prior to combustible construction. Provision of raised blue reflectorized pavement markers shall be made in the center of the private vehicle accessways at each fire hydrant. D. Each building and residence unit shall include a lighted, clearly visible address. A lighted, clearly visible project directory shall be provided at all major project access ways. 24. Police Protection A. Emergency access along the Alamo Creek channel maintenance road shall be developed. 25. Recreation Parkland shall be dedicated or in-lieu fees shall be paid, or a combination of both shall be provided prior to issuance of Building Permits or prior to recordation of the Final Map, whichever occurs first, in accordance with the Subdivision Ordinance. The parkland dedication required is approximately 1.854 acres (0.009 acres/dwelling units x number of dwelling units). In lieu fees are equal to the then current value of one acre of the developable acreage of the area to be subdivded times parkland dedication. Parkland dedication credit may be available for on-site recreational facilities. Preliminary calculations of dedication credit are 0.1333 acres. Final calculations on parkland [PA88-009.1:Reso PC (PD) 1/17] /`• dedication credit are subject to review and approval of the Planning Director and City Engineer based on final improvements, site and landscaping plans. NOISE 26. Second floor units in the four buildings nearest Amador Valley Boulevard (Buildings 23-26) shall have windows and doors in low air infiltration rate frames as specified in the Noise Assessment prepared by Illingworth & Rodkin dated November 11, 1988. 27. The above described units must be mechanically ventilated or air conditioned to enable the occupants to close the windows for noise control. SITE DEVELOPMENT REVIEW SUBMITTAL 28. Open Space A. Deck dimensions for second floor elevations shall have a minimum dimension of seven feet, excluding fencing or railing and a minimum of 70 square feet in area. B. Private useable open space (patios) for ground level units shall be a minimum of 140 square feet in area. 29. Architectural Design Site Development Review submittals shall include plans at an appropriate design scale which detail that: A. All dwelling units are oriented properly and at a sufficient distance from each other, from parking and vehicular areas, and group use areas. B. Parking and vehicular areas shall be screened with patio fences or appropriate landscaping from view of ground floor dwelling units. C. To the extent feasible, west-facing units have sun-shading devices or landscape screening to prevent over-heating of units. D. Architectural design is compatible in color and finish with its surroundings. 30. The developer shall obtain written approval from the local postal authority on the location and size of mail receptacles. 31. At-grade patios shall be individually fenced and shall be supplied with soil preparation to accommodate future planting. Individual hose-bibs for each ground level unit patio area shall be provided by the developer. The hose-bibs may be left in a "roughed-out" stage until such time as the units are put up for individual sale. The layout of the enclosed patio areas (regarding size and placement of concrete patio pads and the design of the enclosing fencing and retaining walls) shall be subject to review and approval as part of the Site Develpment Review submittal. 32. The developer's Engineer shall develop the expected truck length and turning radius criteria to use the private streets (fire equipment, delivery, garbage or moving trucks, etc.) and design the curb radii accordingly and submit this data and design criteria with the improvement plans. 33. Parking stalls shall be a minimum depth of eighteen (18) feet and a minimum width of nine (9) feet for standard-sized stalls and a minimum depth of sixteen (16) feet and a minimum width of eight (8) feet for compact-sized stalls. A two (2) foot overhang into landscaped areas may be included in parking stall length. [PA88-009.1:Reso PC (PD) 1/17] t t 34. Special private storage areas of at least 120 cubic feet per unit shall be provided within or adjacent to each unit. Details of the location and design of these areas shall be subject to review and approval as part of Site Development Review submittals. 35. Information detailing the design, location and materials of all fencing, and of retaining walls over two feet in height, shall be subject to review and approval of the Planning Director. 36. Slopes for areas adjoining both public and private roadways shall be designed to maximize the level areas available for landscape treatment and for general safety consideration and shall be subject to review and approval through the Site Development Review process. 37. Light standards (freestanding, pedestrian and/or wall mounted) utilized in this project shall be of a design which shields the light sources from view from off-site while providing for adequate security and safety illumination. Light standards shall be subject to review and approval as part of the Site Development Review submittal as regards design, location, number and illumination intensity. 38. Handicapped ramps and access as required by Title 24, State of California, shall be provided (parking and walkways serving on-site recreational facilities). Handicapped parking stalls, appropriately signed, shall be provided evenly throughout the project with their location and design as part of the Site Development Review submittal. 39. The use of entrance gates at any portion of this development are specifically disallowed unless architectural treatment, traffic and emergency access impacts are addressed and approved through the Site Development Review process. 40. A pedestrian circulation plan shall be submitted as part of the Site Development Review materials. The plan shall include section details of the pathway system and a detailed pedestrian walkway lighting plan. 41. Signs established at entrances for project identification purposes shall be subject to review and approval as part of the Site Development Review submittal. SOILS, GEOLOGY AND SEISMICITY 42. Seismic Activity An updated Geotechnical Investigation Report shall be prepared and submitted with the project improvement plans. 43. Soils and Slope Stability A. All foundation design, grading operations and site construction work shall be consistent with the recommendations of the Geotechnical Investigation Report, prepared by Bay Soils, Inc. and dated January 13, 1981, or the updated report, if different. B. No cuts or fill slopes shall exceed a slope of 2:1. Where possible, cuts or fills should be designed at 2.5:1 or flatter. C. All fills of sufficient height shall be keyed into the existing soils as recommended by the soils report prepared for this site. D. All cut slopes of sufficient height should have bench gutters to prevent drainage over the face of the slopes. E. Prior to any grading of the site, a detailed plan covering grading (including phasing), drainage, water quality, erosion and sedimen- tation control for construction and the post-construction period shall be prepared by the project Civil Engineer and/or Engineering Geologist, and shall be approved by the City Engineer. Said plans shall include detailed design, location, and maintenance criteria of all erosion and sediment control measures. The plans shall attempt to assure that no increase in sediment or pollutants from [PA88-009.1:Reso PC (PD) 1/17] the site will occur. The plan shall provide for long-term maintenance of all permanent erosion and sediment control measures. F. A report addressing the liquefaction danger to buildings adjacent to Alamo Creek shall be prepared. G. Sub-drains shall be installed in all existing natural drainages which are to receive material. Installation shall be per the requirements of the Soils Engineers. H. Full-time soils inspection by the Soils Engineer representative during mass grading operations shall be provided by the developer. I. All property including maintenance roads shall be graded to slope away from the creek to protect slopes from erosion. J. The design of all multi-family residences shall be reviewed by a licensed structural engineer for seismic requirements prior to the issuance of building permits. K. Where import depth of non-expansive soils is less than 2.5 feet thick, post tension slabs should be used to avoid potential damage from expansive soils. L. All import soil brought onto the site shall be of a non-expansive nature. M. Where soil or geotechnical conditions encountered in grading operations are different from that anticipated in the soil and geological investigation reports, or where such conditions warrant changes to the recommendations contained in a site-specific/ project-specific soils and geotechnical report which shall be submitted for review and approval by the City and shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of erosion, settlement and seismic activity. 44. Mass Grading A. Cuts and fills shall be designed to balance whenever possible to avoid the need of offsite hauling. B. Cut-and-fill slopes shall be contour-rounded to conform as closely as possible with the natural slopes, to avoid a man-made appearance, and to form a gradual transition to natural terrain. C. Variable slopes shall be used to mitigate environmental and visual impacts of grading. 45. Engineered slopes shall be contoured to blend into the natural topography and shall not, to the extent feasible, exceed 2.5:1 slopes. TRAFFIC AND CIRCULATION 46. The developer shall construct a median break with left turn pocket at the project entry as described in the Traffic Study prepared by Abrams Associates, December 5, 1988. MISCELLANEOUS 47. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Conditonal Use Permit review process or, depending on the magnitude of the modification, submittal of a new Planned Development Rezoning submittal. The four buildings closest to Amador Valley Boulevard shall not exceed a maximum deviation of five feet from the pad elevations indicated on the Revised Tentative Map and Development Plan, dated received October 26, 1988. [PA88-009.1:Reso PC (PD) 1/17] n 48. If occupancy is to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction-Phased Occupancy Plan approved by the Planning Department. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and completely separated from remaining additional construction activity. Any approved Construction-Phased Occupancy Plan shall have sufficient cash deposits or other assurances to guarantee that the project and all associated improvements shall be installed in a timely and satisfactory manner. At the request of the Planning Director, written acknowledgements of continuing construction activity shall be secured from the property owners and any and all occupants or tenants for the portions of the project to be occupied, and shall be filed with the Planning Department. Said acknowledgements for a subdivision shall be part of the settlement documents between the developer and buyer. 49. Prior to final inspection and occupancy of any units: A. Storm drainage facilities shall have been installed as approved by the City Engineer. B. Fire protection devices shall have been installed, be operable, and conform to the specifications of and inspections by the Dublin San Ramon Services District Fire Department. C. Cable TV hook-up shall be provided to each unit. D. As-built drawings showing the locations of all underground utilities (water, storm and sanitary sewer, gas, electric, telephone and cable TV) shall be provided to the City. E. Street name signs, bearing such names as are approved by the Planning Director, shall have been installed. 50. Prior to occupancy of any unit, each phase of development landscaping, irrigation, fencing and landscape lighting in accordance with approved landscape and erosion control plans shall have been installed, or a bond or letter of credit for the landscaping, lighting, appurtenant structures, and irrigation system shall be provided to the City. A statement from the project Landscape Architect shall certify that the landscaping has been installed in accordance with the plans and shall be submitted to the Building Official and Planning Director. 51. Should the project be phased: A. The undeveloped area shall be maintained as acceptable to DRFA and shall be kept free of trash and debris. B. Each phase shall be landscaped and developed such that should construction of subsequent phases be delayed, the constructed phase(s) will appear as a completed project. 52. Should the units be initially occupied as apartment units, the following reports shall be filed with, and approved by, the City Engineer at the time the units are put up for individual sale. A. A report by a licensed roofing contractor certifying that the roofs of all the structures are in good condition and not likely to be in need of replacement for at least 10 years. A reserve deposit may be established to cover the estimated prorated costs of roof replacement where replacement will be required prior to 10 years. B. A report by a professional Engineer attesting, to the extent reasonably feasible, that the structure of all buildings, pavements, storm draininage facilities, and the interior and exterior plumbing, electrical systems, and utility and mechanical equipment to be owned in common, or as part of the individual condominiums, are in good and serviceable condition. [PA88-009.1:Reso PC (PD) 1/17] C. A report by a licensed painting contractor that paint throughout the project is in good condition and that the building exteriors should not require repainting for at least five years. A reserve deposit may be established to cover the estimated prorated costs for the repainting of the units where repainting will be required prior to a 5-year period. D. A report by a licensed termite and pest control specialist certifying that the structures are free of infestation and structural damage caused by pests. 53. Should the units be initially occupied as apartment units, all applicances shall either be replaced with new units or the initial buyers provided with a one-year's parts and warranty guarantee on all applicances. 54. The developer shall provide guarantees that a minimum of 10% of the multi-family units in the project shall be maintained as rental units for a period of five years. The document providing said agreement shall be subject to review and approval by the City Attorney. Developer agrees that until the Condition has been satisfied, there shall be no conversion of condominium units for sale. 55. The minimum distances between buildings, building appurtenances and other project improvements shall comply with the chart in Attachment The term "building" shall refer to the exterior side of building walls containing heated space. Exceptions to the standard setbacks are possible through review and approval by the Planning Director through the Site Development Review process. PASSED, APPROVED AND ADOPTED this 17th day of January, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director [PA88-009.1:Reso PC (PD) 1/171 % i:_ r �3;� {t �.., ,F, M;a r .r� {r r Y,t a G ',. 3' A �.N l:,.* .+'45s'y,- 4 r ;+ .' r , a H • % _ ;', '�:. i !:y s�i� t?":44 t i ti § r :^:s?`' , , ,+._,hr S t:,J ,.'6 � Y 1���� '� 4 �{�Y$"RJ�' �� b.r.. +4�'� .m � 14.;. l,tx' i�c t, �� ��*r�' �F-IrFR�;..�z 1 e'^sS �'�,r, {,! '4 . h �A -. 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CITY OF DUBLIN SITE DEVELOPMENT REVIEW STANDARD CONDITIONS All projects approved by the City of Dublin shall meet the following standard conditions unless specifically exempted by the Planning Department. 1. Final building and site development plans shall be reviewed and approved by the Planning Department'staff prior to the issuance of a building permit. All such plans shall insure: a. That standard commercial or residential security requirements as established by the Dublin Police Department are provided. b. That ramps, special parking spaces, signing, and other appropriate physical features for the handicapped, are provided throughout the site for all publicly used facilities. c. That continuous concrete curbing is provided for all parking stalls. d. That exterior lighting of the building and site is not directed onto adjacent properties and the light source is shielded from direct offsite viewing. e. That all mechanical equipment, including electrical and gas meters, is architecturally screened from view, and that electrical transformers are either undergrounded or architecturally screened. f. That all trash enclosures are of a sturdy material (preferably masonry) and in harmony with the architecture of the building(s) . g. That all vents, gutters, downspouts, fleshings, etc. , are painted • to match the color of adjacent surface. h. That all materials and colors are to be as approved by the Dublin '• Planning Department. Once constructed or installed, all improvements are to be maintained in accordance with the approved plans. Any changes which affect the exterior character shall be • resubmitted to the Dublin Planning Department for approval. i. That each parking space designated for compact cars be identified with a pavement marking reading "Small Car Only" or its equivalent, and additional signing be provided if necessary. j . That all exterior architectural elements visible from view and not detailed on the plans be finished in a style and in materials in harmony with the exterior of the building. , k. That all other public agencies that require review of the project be supplied with copies of the final building and site plans and that compliance be obtained with at least their minimum Code requirements. 1 Anita+,, i ' 4 -tv, : , A Exhik ii PA OS-cog•1 Pp Re. i ��c '• �' ';.'k M` ''' '' �t ` Y '"• '' '�,i'"�`;'a"-4.*''rate sa :`i4..�kt p i z °, * J •yam - �� .>.,� - 'r • 2. Final landscape plans, irrigation system plans, tree preservation techniques, and guarantees, shall be reviewed and approved by the Dublin Planning Department prior to the issuance of the building permit. All such submittals shall insure: a. That plant material is utilized which will be capable of healthy growth within the given range of soil and climate. b. That proposed landscape screening is of a height and density so that it provides a positive visual impact within three years from the time of planting. c. That unless unusual circumstances prevail, at least 75% of the proposed trees on the site are a minimum of 15 gallons in size, and at least 50% of the proposed shrubs on the site are minimum of 5 gallons in size. d. That a plan for an automaticirrigation system be provided which assures that all plants get adequate water. In unusual circumstances, and if approved by Staff, a manual or quick coupler system may be used. e. That concrete curbing is to be used at the edges of all planters and paving surfaces. f. That all cut and fill slopes in excess of 5 feet in height are rounded both horizontally and vertically. g. That all cut and fill slopes graded and not constructed on by • September 1, of any given year, are hydroseeded with perennial or native grasses and flowers, and that stock piles of loose soil existing on that date are hydroseeded in a similar manner. h. That the area under the drip line of all existing oaks, walnuts, etc. , which are to be saved are fenced during construction and grading operations and no activity is permitted under them that will cause soil compaction or damage to the tree. i. That a guarantee from the owners or contractors shall be required guaranteeing all schrubs and ground cover, all trees, and the irrigation system for one year. j . That a permanent maintenance agreement on all landscaping will be required from the owner insuring regular irrigation, fertilization and weed abatement. 3. Final inspection or occupancy permits will not be granted until all construction and landscaping is complete in accordance with approved plans and the conditions required by the City. • • DUBLIN POLICE SERVICES STANDARD RESIDENTIAL BUILDING SECURITY RECOMMENDATIONS 1. DOORS A. All exterior wood doors and doors leading from garages into interior dwelling areas of the residence shall be of solid wood construction, no less than 1- 3/4 inches thick. B. Auxiliary locks are to be added to each door and shall be double cylinder deadbolt locks when there is a window within forty inches of the locking :device. Deadbolt locks must have a minimum one inch throw or equivalent burglary resistant locks where permitted by the fire code. If the cylinder of the lock protrudes from the face of the door, it must be fitted with a cylinder ring guard so it cannot be gripped by pliers or other wrenching devices. C. High security strike plates shall be fitted to all doors with wooden .jambs when an auxiliary deadbolt lock is installed. The strike plate shall have a minimum of two wood screws of 3 inches in length that engage the upright door studs. D. In-swinging doors shall have rabitted jambs or alternative means cf strengthening. E. Exterior hinges shall have non-removable hinge pins. F. Exterior and interior garage out-swinging doors shall have non-removable, hidden or non-accessible hinge pins. G. Double hung doors shall have one of the doors secured with two cane bolts of hardened steel . The bolts snail engage a metal strike to a depth of not less than 3/8 inch and be a minimum 1/4 inch diameter. H. Sliding glass doors shall meet the uniform building code for shatter resistance. Sliding glass doors shall be fitted with a locking device, that shall engage the strike sufficiently to prevent its being disengaged by any possible movement of the door within the space or clearances provided for installation and operation. The bolt and strike shall be reinforced by hardened material so as to prevent their separation by pulling, prying or similar attack. An auxiliary locking device shall be installed on the door which may be a pin lock or similar device cf not less than 1/4 inch diameter. The pin shall be of hardened material and engage the metal portion of the sliding door. ?4SS—cog 1-16-c e. fio 'PbATTLiimENT txA • • • The primary locking device function may be operable by a keyed or code lock inside and out as permitted by the fire department or building codes. Double sliding glass doors shall be locked at the meeting rail . Each segment, of or sliding portion of, the door shall be fitted with an auxiliary security lock. I. Entry doors shall be fitted with a minimum 180 degree peephole. 2. WINDOWS A. All accessible dwelling windows shall be secured as follows: sliding glass windows shall 'be secured on the inside with a locking device capable of withstanding prying or wrenching. An auxiliary lock shall be installed on each sliding window that prevents movement in the sliding track. Windows shall meet the uniform building security code for shatter resistance. B. Louvered windows shall not be used within eight feet of ground level , adjacent structures, or fire escame'=. C. Casement type windows shall be secured with a metal to metal locking device contacting both frames of the window at the meeting edge. Auxiliary locks such as a pin that penetrates both frame structures shall be installed on casement and double hung windows. D. Windows fitted with a crank type gear opening devices shall be fitted with a positive window lock that engages metal to metal. 3. LIGHTING A. Dwellings shall be fitted with lighting over all exterior entryways. The minimum standards shall be a 60 watt incandescent light or the equivalent in lumins. B. Street or apartment numbers shall be illuminated from the interior and contain numerals of not less that 2 1/2 inches. 4. GARAGE AND STORAGE AREAS A. Garage doors shall be secured with a metal to metal lacking device that prevents the door from being pulled or pried up from the out side. No electric garage door openers shall be permitted that will automatically activate when the door is forced open. Garage doors fitted with automatic openers shall be permitted with an alternative form of locking device activated from the interior of the garage. Exterior • • • garage doers shall be of solid core construction and fitted with a auxiliary deadbolt lock as prescribed in Section 1. Any windows inside garage doors shall be of non-breakable material , or covered with a security mesh of 1/'8 inch material minimum, two inches apart. B. Any exterior storage area attached to a dwelling, apartment or condominium and enclosed by a door shall be fitted a deadbolt lock and associated hardware, or a minimum 3/8 inch diameter hardened padlock hasp. i t r v j 4t� /..4 ffry r • • . i2afN,t,#,12+. , ? '�' rY6 1�'F{1�i�'°: '��.r+�itf`4.rfNS�.�1i1e�'tis:Y.Y...4.rG�t�wW,x•. ...<... _. .._. .,a s.,...•.... w. e -.. .. -.._ PA88-009.1 STANDARD SETBACK REQUIREMENTS (in feet) To Building Building Appurt. Patio Fence Carport From Building 20 Appurtenance 15 10 Patio Fence 10 10 5 Private Roads 15 10 5 Amador Valley Blvd. 25 20 15 Creek Fence 10 10 (a) Parking Areas 10 10 5 Property Lines 15 10 (a) 3 (a) Applies to patio fences parallel to creek fence or property line: (1) 10 feet if a pathway falls between the two fences; (2) 5 feet if no pathway falls between the two fences. • iY f S pA Ai'T - -cc . Ffl r-e- oy\-i rci . RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE MAP CONCERNING PA 88-009.2 - HERITAGE COMMONS - CASDEN COMPANY WHEREAS, Casden Company requests approval to subdivide 17.45+ acres of land into a one lot subdivision creating a lot for multiple family residential (which is proposed for subsequent subdivision into residential condominium air-space units); and WHEREAS, The State of California Subdivision Map Act and the adopted City of Dublin Subdivision Regulations require that no real property may be divided into two or more parcels for the purpose of sale, lease or financing unless a tentative map is acted upon, and a final map is approved consistent with the Subdivision Map Act and City of Dublin subdivision regulations; and WHEREAS, the Planning Commission did hold public hearings on December 19, 1988 and January 17, 1989; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, the Staff Reports have been submitted recommending that the Tentative Map be approved subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and consider all said reports and recommendations as hereinabove set forth; and WHEREAS, pursuant to State and City Environmental regulations, a Mitigated Negative Declaration of Environmental Significance has been previously recommended for adoption for the Rezoning and Tentative Map requests (Planning Commission Resolution No. ); and WHEREAS, the Planning Commission finds that the proposed Tentative Map will not have a significant environmental impact. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1. Tentative Map 5883, as modified, is consistent with the intent of applicable subdivision regulations and City Zoning and related ordinances. 2. Tentative Map 5883, as modified, is consistent with the City's General Plan as it applies to the subject property. 3. Tentative Map 5883 will not result in the creation of significant environmental impacts. 4. Tentative Map 5883 will not have substantial adverse effects on health or safety or be substantially detrimental to the public welfare, or be injurious to property or public improvements. 5. The site is physically suitable for the proposed development in that the site is indicated to be geologically satisfactory for the type of development proposed in locations as shown, provided the geological consultant's recommendations are followed; and the site is in a good location regarding public services and facilities. 6. The site is physically suitable for the proposed development in that the design and improvements are consistent with those of similar existing residential developments which have proven to be satisfactory. [PA88-009.2:Reso PC (TMap) 1/17_ EXHIB n PAIT HERITAGE COMMONS TENTATIVE MAP t 7. The request is appropriate for the subject property in terms of being compatible to existing land uses in the area, will not overburden public services, and will facilitate the provision of housing of a type and cost that is desired, yet not readily available, in the City of Dublin. 8. General site considerations, including unit layout, open space, topography, orientation and the location of future buildings, vehicular access, circulation and parking, setbacks and similar elements have been designated to provide a desirable environment for the development. 9. This project will not cause serious public health problems in that all necessary utilities are, or will be, required to be available and Zoning, Building, and Subdivision Ordinances control the type of development and the operation of the uses to prevent health problems after development. BE IT FURTHER RESOLVED that the Planning Commission recommends that the City Council approve Tentative Map 5883 - PA 88-009.2 subject to the conditions listed below: CONDITIONS OF APPROVAL Unless otherwise specified the following conditions shall be complied with prior to the recordation of the Final Map. Each item is subject to review and approval by the Planning Department unless othewise specified. GENERAL PROVISIONS 1. Approval of Tentative Map 5883 is subject to the subdivider securing final approval from the Dublin City Council for the Planned Development (PD) Rezoning request covering the subject property. Any modifications to the project design approved by the Planned Development (PD) Rezoning action shall supersede the design on the Tentative Map and shall be considered as an approved modification on the Tentative Map. Site Development Review approval for the project shall be secured prior to the recordation of the Final Map. 2. Mitigation measures and monitoring program specified in City Council Resolutions _ and _ are made a part of these Conditions of Approval. ALAMO CREEK 3. Provide bank stabilization along Alamo Creek. Detailed bank stabilization plans shall be reviewed by the City Engineer and approved by the Alameda County Flood Control and Water Conservation District (Zone 7). 4. Fencing (of a design acceptable to ACFC & WCD - Zone 7 and the City Engineer) shall be installed to the satisfaction of Zone 7 and the City Engineer along Alamo Creek prior to occupancy of any residential units in this project. 5. The maintenance road constructed for this project along the east side of the creek shall be paved for use as a possible future bike trail. The minimum pavement section shall be two (2) inches of asphalt concrete over 4 inches of base material. Soil's information and pavement design shall be submitted to the Public Works Department for further review. 6. Access to the Alamo Creek maintenance roads shall be available to emergency vehicles. Fencing and gates for access are subject to the approval of Zone 7. 7. Final creek stabilization and improvement plans are subject to review of soils report which might modify requirements for creek slope stabilization. ARCHAEOLOGY 8. If, during construction, archaeological remains are encountered, construction in the vicinity shall be halted, an archaeologist consulted, and the City Planning Department notified. If, in the [PA88-009.2:Reso PC (TMap) 1/17] -2- opinion of the archaeologist, the remains are significant, measures, as may be required by the Planning Director, shall be taken to protect them. BONDS 9. Prior to release by the City Council of the performance and labor and materials securities: a. All improvements shall be installed as per the approved Improve- ment Plans and Specifications. b. All required landscaping along public streets shall be installed and established. c. An as-built landscaping plan for landscaping along public streets shall be prepared by a Landscape Architect, together with a declaration that the landscape installation is in conformance with the approved plans. d. The following shall have been submitted to the City Engineer: 1) An as-built grading plan prepared by a registered Civil Engineer, including original ground surface elevations, as- graded ground surface elevations, lot drainage, and locations of all surface and subsurface drainage facilities. 2) A complete record, including location and elevation of all field density tests, and a summary of all field and laboratory tests. 3) A declaration by the project Geologist or Soils Engineer that all work was done in accordance with the recommen- dations contained in the soil and geologic investigation reports and specifications, and that continuous monitoring was performed by a representative of the Soils Engineer. 4) A declaration by the project Civil Engineer or Land Surveyor that the finished graded building pads are within + 0.1 feet in elevation of those shown on the grading plan (or to any approved modified grades). COVENANTS, CONDITIONS AND RESTRICTIONS 10. Covenants, Conditions and Restrictions (CC&R's) shall be established for the development. The CC&R's shall be approved by the Planning Director prior to the recordation of the Final Map. The CC&R's shall be reviewed and approved by the City to assure that: a. There is adequate provision for at least the maintenance, in good repair, of all commonly owned facilities, property and landscaping, including but not limited to open space, common parking and driveway areas, lighting, recreation facilities, landscape and irrigation facilities, fencing, exterior of all buildings, and drainage and erosion control improvements. b. Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided to each buyer prior to the time of purchase. c. The Association shall keep the City Planning Department informed of the current name, address and phone number of the Association's official representative. d. Payment of the water and street lighting bills (maintenance and energy) and maintenance and repair of storm drain lines, are the obligations of the Homeowners' Association, unless paid for through a Lighting and Landscape Maintenance Assessment District. [PA88-009.2:Reso PC (TMap) 1/17] -3- !'\ /1 e. Each buyer is to sign an acknowledgement that he has read the Constitution and Bylaws of the Homeowners' Association and the Conditions, Covenants and Restrictions applying to the development. f. The Homeowners' Association shall contract with, or be advised (as to how to handle maintenance operations) by, a professional management firm. g. Parking of recreational vehicles or boats shall be prohibited, except in designated recreational vehicle parking spaces. h. The CC&R's shall include a statement outlining the obligations of the property owner to be responsible for public liability in case of injury in connection with public utility easements, and for mainentance of private vehicle access ways and utility trenches in public utility easements. They shall further be void of any mention of future dedication of the access way to the City as a public street. i. Restrict the recoloring, refinishing, or alteration of any part of the exterior or any building until the Owner or Declarant first obtains approval from the related City of Dublin Departments. DRAINAGE 11. Roof drains shall be tied into the storm drain system in a manner approved by the City Engineer. 12. A minimum of 12" diameter pipe shall be used for all public storm drains to ease maintenance and reduce potential blockage. 13. The improvement plans for Subdivision 4950 shall be examined by the Applicant's engineer to discover the actual location of the existing storm drain facilities extending from Subdivision 4950 across this property in a southerly direction to Alamo Creek. The facilities as shown on the tentative map are incorrect. 14. The existing storm drain facilities that are under the proposed buildings must be removed, relocated or building locations changed. Any change in building locations is subject to approval of the Planning Director. 15. All storm drain outfalls into Alamo Creek should be of an Alameda County SD-506 type structure or as specified by Zone 7. 16. Entire site, including Alamo Creek maintenance roads, must be graded to drain away from Alamo Creek. On-site storm drainage shall be collected and discharged to the creek as specified by Zone 7. DEBRIS 17. Measures shall be taken to contain all trash, construction debris, and materials on-site until disposal off-site can be arranged. The developer shall be responsible for corrective measures at no expense to the City of Dublin. 18. The developer shall keep adjoining public streets and driveways free and clean of project dirt, mud, materials and debris, and clean-up shall be made during the contruction period, as determined by the City Engineer. EASEMENTS 19. Where the subdivider does not have easements, he shall acquire easements, and/or obtain rights-of-entry from the adjacent property owners for improvements required outside of the property. Original copies of the easements and/or rights-of-entry shall be in written form and shall be furnished to the City Engineer. 20. Permission shall be obtained from Alameda County for any encroachment into their property along the western property line. [PA88-009.2:Reso PC (TMap) 1/17] -4- n 21. Existing and proposed access and utility easements shall be submitted for review and approval by the City Engineer prior to the grading and improvement plan. These easements shall allow for practical vehicular and utility service access for all lots. 22. The developer shall be responsible for the development and recordation of an appropriate agreement (subject to review and approval by the City Attorney) which assures provision of the vehiclular/ pedestrian/bicycle cross access, where such access facilities are common to Subdivision 4950 and 5883. 23. Public utility easements shall be established for the electric distribution system and to provide for lines for the telephone company. FIRE 24. All materials and workmanship for fire hydrants, gated connections, and appurtenances thereto, necessary to provide water supply for fire protection, must be installed by the developer and conform to all requirements of the applicable provisions of the Standard Specifications of Dougherty Regional Fire Authority (DRFA). All such work will be subject to the joint field inspection of the City Engineer and DRFA. FRONTAGE IMPROVEMENTS 25. Amador Valley Boulevard is improved to 80-foot major arterial street standards. Any deficiencies in existing frontage improvements shall be corrected. New improvements shall be required to be installed by this development and shall include sidewalk, street monuments, street trees, landscaping along the frontage, and street restriping. 26. The sidewalk, landscaping and irrigation, along the project's Amador Valley Boulevard frontage shall be installed prior to the occupancy of any units in this project. Final design details shall be subject to review and approval by the Planning Department and City Engineer prior to installation. 27. Landscaping and irrigation plans for the project's frontage along Amador Valley Boulevard shall be submitted for review and approval by the Planning Department and City Engineer with the project landscape working drawings. 28. Improvements shall be made, by the applicant, along all streets within the development and as required off-site, to include curb, gutter, sidewalk, paving, drainage, and work on the existing paving, if necessary, from a structural or grade continuity standpoint. GRADING 29. Prior to commencement of construction of any structures, site grading shall conform with the recommendations of the project Soils Engineer, to the satisfaction of the City Engineer. A declaration by the Soils Engineer that he has supervised grading and that such conformance has occurred shall be submitted. 30. Prior to final preparation of the subgrade and placement of base materials, all underground utilities shall be installed and service connections stubbed out behind the sidewalk. Public utilities, Cable TV, sanitary sewers, and water lines shall be installed in a manner which will not disturb the street pavement, curb, gutter and sidewalk when future service connections or extensions are made. 31. The Applicant shall be aware of the fact that some conrete/asphalt rubble was placed deep in the fill for areas which were previously to be landscaped. If buildings are to be placed over this rubble, special foundations will be required by the City's Building Inspection Department, or the rubble must be removed. 32. Grading shall be completed in compliance with the construction grading plans and recommendations of the project Soils Engineer and/or Engineering Geologist, and the approved erosion and sedimentation control plan, and shall be done under the supervision of the project [PA88-009.2:Reso PC (TMap) 1/17] -5- ' J ^ Soils Engineer and/or Engineering Geologist, who shall, upon its completion, submit a declaration to the City Engineer that all work was done in accordance with the recommendations contained in the soils and geologic investigation reports and the approved plans and specifica- tions. Inspections that will satisfy grading plan requirements shall be arranged with the City Engineer. 33. Any grading on adjacent properties will require written approval of those property owners affected. 34. Where soil or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for review by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement and seismic activity. 35. The developer and/or his representatives shall notify the State Department of Fish and Game, P.O. Box 47, Yountville, California 94599, of any construction activity proposed in conjunction with this project that may affect Alamo Creek in accordance with Sections 1601 and 1602 of the Fish and Game Code. A Streambed Alteration Agreement shall be secured by the developer from the Department of Fish and Game. HANDICAPPED ACCESS 36. Handicapped ramps and parking shall be provided as required by the State of California Title 24. IMPROVEMENT PLANS, AGREEMENTS AND SECURITIES 37. All improvements within the public right-of-way, including curb gutter, sidewalks, driveways, paving and utilities, must be constructed in accordance with approved standards and/or plans. 38. Provide documentation acceptable to the City for unrestricted use of Stagecoach Road by project residents and visitors. 39. Prior to recordation of the Final Map, improvement plans complete with all on and off-site improvements, grading plans, hydrology map (showing complete drainage area), hydrology and hydraulic calculations (proving adequacy of on and off-site drainage improvements) and engineer's estimate shall be approved by the City Engineer. Moreover, all improvements shall be bonded and all plan checking and inspection fees shall be paid. 40. Existing adjacent street improvements shall be inspected by the developer and a representative of the City to determine the existing condition of the improvements. Any damage caused by the construction of the work on this project shall be repaired to the satisfaction of the City Engineer prior to acceptance of the tract by the City Council. 41. Where the project improvements encroach on the Dublin Housing Authority lands, negotations shall be undertaken to obtain the right o improve those lands, or failing that, the project shall be moved away from the creek to insure no loss of improvement should there be creek bank failure. 42. Remove fence and repair improvements, including drain inlets, at the south end of Stagecoach Road to the satisfaction of the City Engineer. 43. The subdivider shall enter into an Improvement Agreement with the City for all public improvements. Complete improvement plans, specifications and calculations shall be submitted to, and approved by, the City Engineer and other affected agencies having jurisdiction over public improvements prior to execution of the Improvement Agreement. Improvement plans shall show the existing and proposed improvements along adjacent public street(s) and property that relate to the proposed improvements. All required securities, in an amount equal to 100% of the approved estimates of construction costs of improvements, and a [PA88-009.2:Reso PC (TMap) 1/17] -6- labor and material security, equal to 50% of the construction costs, shall be submitted to, and approved by, the City and affected agencies having jurisdiction over public improvements, prior to execution of the Improvement Agreement. 44. The Sign Program utilized for this project shall reflect the City Engineer's direction regarding street name signs and regulatory signs and shall be reviewed as part of the Project Improvement Plans. 45. Prior to approval of the improvement plans by the City Engineer, the first sheet must be signed by an authorized representative of the Dougherty Regional Fire Authority to approve "equipment access and hydrant locations" and by an authorized representative of PG&E to approve "street light locations". PARK DEDICATION 46. Parkland shall be dedicated or in-lieu fees shall be paid, or a combination of both shall be provided prior to issuance of Building Permits or prior to recordation of the Final Map, whichever occurs first, in accordance with the Subdivision Ordinance. The parkland dedication required is approximately 1.854 acres (0.009 acres/dwelling units x number of dwelling units). In lieu fees are equal to the then current market value of one acre of the developable acreage of the area to be subdivided times parkland dedication requirement. Parkland dedication credit may be available for on-site recreational facilities. Preliminary calculations of dedication credit are 0.1333 acres. Final calculations on parkland dedication credit are subject to review and approval of the Planning Director and City Engineer based on final improvements site and landscaping plans. STREETS 47. The minimum uniform gradient shall be 1% on streets and parking areas and shall be 2% on soil drainage. The street surfacing shall be asphalt concrete paving, except as otherwise noted for the project entry off of Amador Valley Boulevard. The City Engineer shall review the project's Soils Engineer's structural design. The subdivider shall, at his sole expense, make tests of the soil over which the surfacing and base is to be constructed and furnish the test reports to the City Engineer. The subdivider's Soils Engineer shall determine a preliminary structural design of the road bed. After rough grading has been completed, the developer shall have soil tests performed to determine the final design of the road bed and parking areas. 48. An encroachment permit shall be secured from the City Engineer for any work done within the public right-of-way if this work is not covered under the improvement plans. 49. The striping and signing of internal roadways shall be subject to review and approval by the City Engineer as part of the Project Improvement Plans. Internal roadways shall be posted as private streets. Parking area striping and signing shall include small car, handicapped, and visitor parking information. Use of double parking space striping is encouraged. 50. A concrete band entry pavement treatment shall be supplied at the project entry off of Amador Vallely Boulevard to delineate a private street. The design, materials, dimensional layout, and traffic signing for the entry pavement areas shall be subject to review and approval by the City Engineer as part of the Project Improvement Plans and Site Development Review. 51. Street names shall be submitted and processed through the Planning Department and those approved names shall be indicated on the Final Subdivision Map. 52. The Applicant shall submit a Private Vehicle Accessway Agreement for review and approval by the City Engineer, Planning Director and City Attorney prior to the framing inspection of any units in the project. The Agreement shall serve to establish a contract which will enable the City to provide specified maintenance service on the vehicle accessways [PA88-009.2:Reso PC (TMap) 1/17] -7- in the event the Developer or the Homeowners' Association fails to so maintain them. This maintenance will be carried out at the Developer's or Homeowners' Association's expense. 53. The roadway alignment between the south edge of the main entry turn- around, a point approximately 100 feet south shall be adjusted to eliminate the offset at the first driveway intersection. 54. The roadway alignment at the eastern portion of Area 2 shall be modified to remove the compound curves. 55. The sidewalk along the east side of the main loop road shall be extended from the recreation center in Area 1 to Amador Valley Boulevard. UTILITIES 56. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each building in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sized to meet utility company standards, or in public streets. 57. Prior to approval of the grading and improvement plans, the developer shall furnish the City Engineer with a letter from Dublin San Ramon Services District (DSRSD) stating that the District has agreed to furnish water and sewer service to the development. 58. Secure DSRSD agreement to maintain the on-site sanitary sewer collection system excluding individual laterals. The system shall be designed as acceptable to DSRSD. 59. All utilities to and within the project shall be undergrounded. 60. Prior to final preparation of the subgrade and placement of base materials, all underground utility mains shall be installed and service connections stubbed out beyond curb lines, and the Public Works Department notified by each of the utility companies having facilities within the work area, that the utility installation has satisfactorily passed acceptance tests. Public utilities and sanitary sewers shall be installed in a manner which will not disturb the street pavement, curb, and gutter when future service connections or extensions are made. 61. All new and existing utilities that will remain in place must be located in an easement that is acceptable to the utility company and the City Engineer. WATER 62. Water facilities must be connected to the DSRSD system, and must be installed at the expense of the developer, in accordance with District standards and specifications. All material and workmanship for water mains, and appurtenances thereto, must conform with all of the requirements of the officially adopted Water Code of the Distict, and will be subject to field inspection by the District. 63. Any water well, cathodic protection well, or exploratory boring shown on the map, that is known to exist, is proposed or is located during the course of field operations, must be properly destroyed, backfilled, or maintained in accordance with applicable groundwater protection ordinances. Zone 7 should be contacted at (415) 443-9300 for additional information. 64. Comply with DSRSD, Public Works, requirements, particularly regarding: a. The elevation of the storm drain relative to the sewer lines. b. The location of the sewer man-holes. They shall be in parking or street areas accessible by District equipment. [PA88-009.2:Reso PC (TMap) 1/17] -8- c. Dedication of sewer lines. d. Location and design of the water system values. MISCELLANEOUS 65. Copies of the project plans, indicating all lots, streets and drainage facilities, shall also be submitted at 1" — 400-ft. scale, and 1" — 200-ft. scale for City mapping purposes. 66. All construction activity at this site shall be limited to the hours between 7:30 a.m. and 6:00 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. A request for weekend work shall be limited to light equipment and hand work and shall be requested in writing no later than Wednesday prior to the proposed weekend work. 67. All construction traffic shall enter and leave the site directly from the Amador Valley Boulevard frontage; none is to use the existing Stagecoach Road access, except as may be approved in advance, in writing by the City Engineer. 68. The developer shall pay a traffic impact fee to be used for traffic facility improvements, as outlined in the City Traffic Engineer's (TJKM) memo of December 5, 1988 (see Attachment "A"). The fees are based on the project's proportional share of cumulative traffic impacts within the City of Dublin for traffic improvements identified in the City of Dublin General Plan and 1988-1993 Capital Improvement Program. Total fees shall not exceed $106,668 or $518 per dwelling unit. 69. Maintenance of common areas including ornamental landscaping, graded slopes, erosion control plantings and drainage, erosion and sediment control improvements, shall be the responsibility of the developer during construction stages, and until final improvements are accepted by the City, and the performance guarantee required is released; thereafter, maintenance shall be the resonsibility of a Homeowners' Association, which automatically collects maintenance assessments from each owner and makes the assessments a personal obligation of each owner and a lien against the assessed property. 70. There shall be compliance with DRFA requirements, Flood Control District requirements, and Public Works requirements. Written statements from each agency approving the plans over which it has jurisdiction shall be submitted to the Planning Department prior to issuance of Building Permits on lots of the subdivision or the installation of any improvements related to this project. 71. Unit address information and directories shall be provided to the satisfaction of the DRFA, Postal Services, and Dublin Planning and Building Departments. 72. Install street light standards and luminaries of the design, spacing and locations approved by the City Engineer. 73. The subdivider shall furnish and install street name signs, in accordance with the standards of the City of Dublin, bearing such names as are approved by the Planning Director. The subdivider shall furnish and install traffic safety signs in accordance with the standards of the City of Dublin. 74. Street trees, of at least a 15-gallon size, shall be planted along the public street frontages. Trees shall be planted in accordance with a planting plan, including tree varieties and locations, approved by the Planning Director. Trees planted within 6 feet of sidewalks or curbs shall be provided with root shields. 75. A current title report and copies of the recorded deeds of all parties having any record title interest in the property to be developed and, if necessary, copies of deeds for adjoining properties and easements thereto, shall be submitted at the time of submission of the grading and improvement plans to the City Engineer. [PA88-009.2:Reso PC (TMap) 1/17] -9- 76. Any relocation of improvements or public facilities shall be accomplished at no expense to the City. 77. Prior to filing of a condominium plan or offering a condominium unit for sale, the developer shall have completed the following: a. Recordation of the final map. b. Completion and final acceptance as complete by the City of all construction within the project to be offered for sale, including buildings, streets, parking and landscaping. PASSED, APPROVED AND ADOPTED this 17th day of January, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director [PA88-009.2:Reso PC (TMap) 1/17] -10- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL IMPOSE A TRAFFIC IMPACT FEE ON PA 88-009.2 - HERITAGE FCOMMONS WHEREAS, by Resolution No. 89 - , the Planning Commission recommended that the City Council approve a Tentative Map for a Subdivision known as Heritage Commons (PA 88-009.2), Tentative Map 5883 (hereafter "the proposed development"); and WHEREAS, one condition of approval of the Tentative Map (Condition No. 68) is that the developer pay a traffic impact fee to be used for traffic facility improvements; and WHEREAS, a report setting forth the impacts of the proposed development on traffic through the year 2010 has been prepared by TJKM, along with an analysis of the need of the public facilities and improvements required by future development, consisting of a memorandum dated December 5, 1988 to Lee Thompson from Michelle DeRobertis of TJKM, which is attached hereto as Exhibit 1 and incorporated herein (referred to herein as "the report"); and WHEREAS, said report set forth the relationship between the proposed development, the needed facilities and the estimated costs of the facilities; and WHEREAS, a noticed public hearing was held for purposes of considering adoption of this resolution; and WHEREAS, the report was available for public inspection and review more than ten (10) days prior to this public hearing. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission recommends that the Council adopt a resolution including, among other provisions, the following: 1. The purpose of the said traffic impact fee is to mitigate the traffic impacts caused by the proposed development by construction of certain public facilities. 2. The public facilities to be constructed with the traffic impact fee (referred to herein as "the public facilities") are identified in Exhibit 1, attached hereto and made a part hereof (Memorandum of December 5, 1988, from Michelle DeRobertis of TJKM to Lee Thompson, re Traffic Mitigation Fee for Heritage Commons). 3. The traffic impact fee is needed in order to finance the public facilities and to pay for the proposed development's fair share of the construction of the improvements and will be used for these purposes. 4. The Council finds the fee to be consistent with the General Plan and, pursuant to Government Code 65913.2, has considered the effects of the fee with respect to the City's housing needs as established in the Housing Element of the General Plan. 5. The fees collected pursuant to this resolution shall be used to finance the public facilities identified in Exhibit 1. 6. After considering the report prepared by TJKM (Exhibit 1), and the testimony received at this public hearing, the Council approves and adopts said report, and incorporates such herein, and further finds that the proposed development will generate additional demands on municipal services. [PA88-009.2:Reso PC (Traffic) PA 88-009 HERITAGE COMMONS TRAFFIC IMPACT FEE 7. The report and the testimony establish: a. That there is a reasonable relationship between the need for the public facilities designated in Exhibit 1 and the impacts of the proposed development for which the corresponding fee is charged; b. That there is a resonable relationship between the fee's use and the proposed development for which the fee is charged; c. That there is a reasonable relationship between the amount of the fee and the cost of the public facility or portion of the public facility attributable to the proposed development on which the fee is imposed; and d. That the cost estimates set forth in Exhibit 1 are reasonable cost estimates for constructing these facilities, and the fees expected to be generated by future developments will not exceed the total costs of constructing the public facilities identified in Exhibit 1. 8. The TJKM report (Exhibit 1) is a detailed analysis of how public services will be affected by the proposed development, the existing deficiencies, and the public facilities required to accommodate that development and those deficiencies. The calculations and assumptions in the report can reasonably be applied to the proposed development. 9. The method of allocation of the traffic impact fee to the proposed development bears a fair and reasonable relationship to the proposed development's burden on, and benefit from, the facilities to be funded by the fee. 10. A traffic impact fee in the amounts set forth in Exhibit 1 and Condition No. 68 to Tract Map 5883 is hreby imposed, to be paid prior to filing the final map for Tract 5883. The Council finds that Exhibit 1 is the "plan" required by Government Code 53077.5. PASSED, APPROVED AND ADOPTED this 17th day of January, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director [PA88-009.2:Reso PC (Traffic)] -2- • • • • AtivIV • I RECEIVED U E C 9 1988 MEMORANDUM DUBLIN PLANNING,C(.:Lr DATE: December 5, 1988 TO: Lee Thompson FROM: Michelle DeRobertis SUBJECT: Traffic Mitigation Fee for Heritage Commons This memo is to present the results of our analysis to determine appropriate traffic mitigation fees for the second phase of the Coastfed Properties/Heritage Commons residential project on Amador Valley Boulevard in the City of Dublin. The project consists of 206 one, two and three bedroom multi-family residential units. The traffic generated by the project has been estimated to impact several locations in the City of Dublin. The project traffic along with cumulative traffic will require that certain traffic improvements be implemented in order to accommodate the future traffic. 1. The first improvement required as a result of project and cumulative traffic is the widening of Dougherty Road from two lanes to six lanes between Amador Valley Boulevard and Sierra Lane. The funding for half of the new four lane section has already been committed by another source. However, the cost to improve the remaining half of the new four-lane road, and the cost to widen from a four-lane road to a six-lane road as well as undergrounding the utilities (which are currently located in what will be a travel lane of the six-lane road) still remains unfunded. Therefore, the project should contribute to the cost of these unfunded improvements in proportion to its share of the new future traffic volumes. The cost of the road widening improvements is estimated by the City Engineer to be $1,556,000 and the cost of undergrounding the utilities is estimated to be $569,500, totalling $2,125,500. The Coastfed Properties Traffic and Transportation Study by Abrams Associates, November 2, 1988, determined that the project will contribute 318 vehicles per day to this section of Dougherty Road. The future daily volumes on this section of Dougherty Road are projected to be 34,100 in the year 2010. The existing average daily traffic volume on this road segment is 12,900. Thus the increase in daily traffic is 21,200 vehicles per day (vpd). The project's contribution of 318 vpd is 1.5 percent of the total new future daily traffic volume. Therefore, the project should contribute 1.5 percent of the cost of improving Dougherty Road to a six-lane section, or $31,882. 2. The second improvement required to accommodate project and future traffic is the widening of Dougherty Road from two lanes to six lanes between the City limit and Amador Valley Boulevard. The funding for three permanent lanes and one temporary lane of the required six-lane section has already been committed bEximy another source. However, the - g$-�9. 4637 Chabot Drive, ;� �L T.�A�'�' PL. t•-T ?tom lR•os. D To ex t • • s • Lee Thompson -2- December 5, 1988 cost to widen from a four-lane road to a six-lane road still remains unfunded. Therefore, the project should contribute to the cost of these unfunded improvements in proportion to its share of the additional future traffic volumes. The estimated cost of these improvements is $2,332,000. The Coastfed Traffic Study projected that 80 project trips would use Dougherty Road north of Amador Valley Boulevard. The future estimated daily traffic on this section of Dougherty Road in the year 2010 is 24,100. The existing traffic volume is 5300, so the net increase in traffic is 18,800 vpd. The project traffic would be 0.4 percent of this additional future traffic. Therefore, the project should contribute 0.4 percent of the cost of the improvements or $9,328. 3. The third improvement required as a result of project and cumulative traffic volumes is the installation of a traffic signal at the intersection of Amador Valley Boulevard and Amador Plaza Road. The methodology for determining the proportionate cost sharing of this improvement was developed previously for the Rainbow Investments mitigation fee in our memo dated October 25, 1988 and will be reiterated here. The future traffic volumes at the intersection of Amador Valley Boulevard and Amador Plaza Road were determined for the Downtown Dublin Improvement Plan Study of 1986. These volumes included the traffic generated by all approved developments as well as all future developments that could be accommodated in Downtown Dublin, including BART. The future volumes at this intersection were compared to the existing volumes to determine the total number of incremental trips as of February, 1986, the time of the downtown study. In 1986, there were 2,199 p.m. peak hour trips through the intersection of Amador Valley Boulevard and Amador Plaza Road. The future traffic projections at buildout at the intersection are 3,087 p.m. peak hour trips. This is an increase of 888 p.m. peak hour trips. The projected total cost of the signal at Amador Valley Boulevard and Amador Plaza Road, is $127,766 (see attachment). Therefore, the cost of each peak hour trip through the intersection is $144, ($127,766 divided by 888 peak hour trips). This mitigation fee of $144 per p.m. peak hour trip through the intersection of Amador Valley Boulevard and Amador Plaza Road was applied to the peak hours trips projected for the Coastfed development. The Abrams Associates traffic study projected that 53 project trips would travel through the intersection of Amador Valley Boulevard and Amador Plaza Road during the p.m. peak hour. Therefore, the project should contribute 53 X $144 = $7,632 toward the cost of this traffic signal. 4. The fourth improvement required as a result of project and cumulative traffic volumes is the installation of a traffic signal at the intersection of Village Parkway and Lewis Avenue. The future traffic volumes at the intersection of Village Parkway and Lewis Avenue were determined for the Downtown Dublin Improvement Plan Study of 1986. These volumes included the traffic generated by • Lee Thompson -3- December 5, 1988 all approved developments as well as all future developments that could be accommodated in Downtown Dublin, including BART. The future volumes at this intersection were compared to the existing volumes to determine the total number of incremental trips as of February, 1986, the time of the downtown study. In 1986, there were 1826 p.m. peak hour trips through the intersection of Village Parkway and Lewis Avenue. The future projection at build-out through this intersection is 2,278 p.m. peak hour trips. This is an increase of 452 p.m. peak hour trips. The projected total cost of the signal at Village Parkway and Lewis Avenue is approximately $97,700 (see attachment). Therefore, the cost that each new peak hour trip through the intersection should contribute is $97,700 / 452 = $216. The Abrams Associates report projected that 31 p.m. peak hour trips would travel through the intersection of Village Parkway and Lewis Avenue. Therefore, the project should contribute 31 X $216 = $6,696 to the cost of this signal. 5. The fifth improvement is the restriping and associated widening of Dublin Boulevard from four to six lanes between Village Parkway and Donlon Way. The estimated cost of this improvement is $870,000. Dublin Boulevard is projected to carry an average of 30,100 vpd in the year 2010 between Village Parkway and Donlon Way. The existing average daily traffic volume on this road segment is 21,575. Thus the increase in daily traffic is 8,525 vpd over present volumes. The project is estimated to contribute 159 vpd to Dublin Boulevard or 1.9 percent of the additional future traffic. Therefore, the project should contribute 1.9 percent of the cost of the improvement or $870,000 X 0.019 = $16,530. 6. The sixth roadway improvement is widening Dougherty Road to six lanes between the S.P.R.R. tracks and Dublin Boulevard. The estimated cost of this improvement is $870,000. This section of Dougherty Road is projected to carry 32,100 vpd in the year 2010. The existing average daily traffic volume on this road segment is 18,800 vpd. Thus, the increase in daily traffic is 13,300 vpd over present volumes. The project is estimated to contribute 270 vpd to Dougherty Road or two percent of the additional future traffic. Therefore, the project should contribute two percent of the cost of this improvement or $870,000 X 0.02 = $17,400. 7. The seventh roadway improvement is the construction of the parallel road to Dublin Boulevard between Regional Street and Amador Plaza Road. The estimated cost of this improvement is $3,000,000. The parallel road to Dublin Boulevard is projected to carry approximately 5,000 vpd. Since this road does not currently exist, all 5,000 trips would be new trips. The project is estimated to contribute 8 vpd to the parallel road or 0.16 percent of the traffic. Therefore, the project should contribute 0.16 percent of the cost of this road improvement or $3,000,000 X 0.0016 = $4800. • r , .... - ,. - • Lee Thompson -4- December 5, 1988 8. The eighth road improvement is the relocation of the I-580 westbound offramp at San Ramon Road. The estimated cost of this improvement is $500,000. The I-580 westbound offramp is projected to carry 18,000 vpd, an increase of 11,700 vpd over present volumes. No project traffic is estimated to use this off-ramp. Therefore, the project should not contribute any funds to this road improvement. 9. The ninth road improvement is the road on the S.P.R.R. right-of-way connecting Dougherty Road to the westerly extension of Dublin Boulevard. The estimated cost of this improvement is $3,100,000. The road on the S.P.R.R right-of-way is projected to carry 12,400 vpd. Since this road does not currently exist, all 12,400 trips would be new trips. The project is estimated to contribute 48 vpd to this road or 0.4 percent of the traffic. Therefore, the project should contribute 0.4 percent of the cost of this road improvement or $3,100,000 X 0.004 = $12,400. and/md Attachments 157-001 , • • • • • • • t ,i 6-' ^FI72°�I"'Fi- t i ,.._ ,. .. _ . .._. - .. .. .o ?`' .. .. .. .... _ ... • SIGNAL COSTS AMADOR VALLEY BLVD. AT AMADOR PLAZA Mobilization $ 600 Signal 63,400 Clear & Grub 500 Sidewalk Removal 840 Island Removal 4,360 Pavement Removal 8,000 AC Sawcut '275 PCC Sawcut 41 Full Pavement Section 19,436 Construction Staking 1,250 Planing Keycut 3,019 AC Overlay 2,368 PCC Curb 4,875 Curb & Gutter 64 Sidewalk 424 Handicap Ramp 400 Driveway 900 Relocate Roadway Sign 400 Roadway Sign 425 Striping 2,500 • 114,077 Engineering/Insp. 12% 13,689 TOTAL: $ 127,766 • • .� i� • i .-i.)P 'f f-�r 'ti.y�y if i.1 i r. CITY OF DUBLIN MEMORANDUM 7t::: Date: December 2, 1988 p E C ,. 1988 To: Michelle DeRobertis, TJKM TJKM t.JKM From: Rich Lierly, Asst. City Engineer Subject: Signal Costs - Village Parkway at Lewis Ave. Following is a breakdown of costs for the above traffic signal: Mobilization $ 900 Signal . 69,000 Clear and Grub 100 Sidewalk Removal 800 Pavement Removal 1,427 AC Sawcut 275 PCC Sawcut 90 Construction Staking 500 Curb & Gutter 64 Sidewalk 424 Handicap Ramp 400 Driveway 900 Striping 1,000 Traffic Control 1,300 Interconn. Conduit 2" 1,500 Interconn. Conduit 1 1/2" 5,500 Interconn. Pull Box 625 Interconn. Cable 2,400 Subtotal: 87,205.00 Engr./Inspection 12% 10,464.60 Total: 97,669.60 Rounded Total: 97,700.00 Also, Trudi wanted you to know that Dougherty Road north of Amador Valley is already undergrounded. If you have any questions, please let me know. RCL/gr rl . a;rye ?F.sriyw,�s�= �'.+sR:.':`"�.X«.•S.x. i.ai.:.-:.a�.us�u:e.'=�.-. RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THAT THE CITY COUNCIL APPROVE THE SITE DEVELOPMENT REVIEW CONCERNING PA 88-009.3, HERITAGE COMMONS - CASDEN COMPANY WHEREAS, Casden Company is requesting the City rezone approximately 17.45+ acres to a Planned Development (PD) District for a planned residential development of 206 apartment/condominium dwelling units; and WHEREAS, Casden Company requests concurrent Site Development Review approval for said 206 apartment/condominium units; and WHEREAS, the Planning Commission did hold public hearings on December 19, 1988 and January 17, 1989; and WHEREAS, proper notice of said public hearings was given in all respects as required by law; and WHEREAS, the Staff Report was submitted recommending that the Site Development Review be approved subject to conditions prepared by Staff; and WHEREAS, the Planning Commission did hear and consider all said reports and recommendations herein above set forth; and WHEREAS, pursuant to State and City environmental regulations, a Mitigated Negative Declaration of Environmental Significance has been recommended for adoption for this project (Planning Commission Resolution No. ); NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: 1. The project will promote orderly, attractive, and harmonious development in that general architectural considerations, including the character, scale, and quality of the design, the architectural relationship with the site building materials, colors and similar elements have been incorporated into the project in order to insure compatibility of this development with its design concept and the character of planned future land uses. 2. The project recognizes environmental limitations on development by preserving the natural features of the creek to the maximum extent, providing noise controlled environment where interior noise levels may exceed local and state standards, and providing for off-site circulation improvements. 3. The project will stabilize land values and investments in the area in that it is compatible to existing and planned land uses in the area, will be visually attractive, will not overburden public services, and will provide housing of a type that is desired in the City of Dublin. 4. The project will promote the general welfare as it meets the specific intent clauses or performance standards of the City of Dublin zoning regulations and the General Plan. 5. The project is properly related to its site, surroundings, traffic circulation, and its environmental setting. EXHIBIT . [PA88-009.3:Reso PC (SDR) 1/17] PA 88-009 1- HERITAGE COMMONS SITE DEVELOPMENT REVIEW e'1 n BE IT FURTHER RESOLVED THAT THE Planning Commission recommends that the City Council approve Site Development Review PA 88-009.3 subject to the conditions listed below: CONDITIONS OF APPROVAL: Unless otherwise specified, the following conditions shall be complied with prior to issuance of building permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. GENERAL REQUIREMENTS: 1. This approval is for a Site Development Review of 206 multi-family dwelling units along with on-site recreation facilities, consistent with the following submittals. Except as specifically modified or eleaborated upon by the conditions listed below, development of the 206 unit apartment/condominium project shall conform to the Conditions of Approval established by Resolution Nos. and of the Dublin City Council, approved on , for City File PA 88-009.1 and .2. Except as specifically modified elsewhere in these conditions, development shall be generally consistent with the following submittals: a. Conceptual site plan, floor plans, and elevations prepared by the Casden Company for CoastFed Properties, consisting of seven (7) sheets and dated received October 28, 1988 (Site Plan) and December 12, 1988 (Architectural Plans). b. Conceptual landscape plan prepared by Robert Bucci Associates, consisting of one (1) sheet and dated received November 7, 1988. c. Tentative Tract Map 5883 prepared by Bissel & Karn, Inc. consisting of one (1) sheet and dated received October 26, 1988. Collectively, these materials shall serve as "Exhibit A" for this project and shall be maintained on file with the Planning Department. 2. Mitigation measures and monitoring program specified in City Council Resolutions and are made a part of these Conditions of Approval. 3. Except as may be specifically provided for within these Conditions of Approval, the development shall comply with City of Dublin Site Development Review Standard Conditions (see Attachment A). 4. Except as may be specifically provided for within these Conditions of Approval, development shall comply with City of Dublin Police Services Standard Residential Building Security Requirements (see Attachment B). 5. Except as may be specifically provided for within these Conditions of Approval, the development shall comply with the City of Dublin Preliminary Residential Condominium Guidelines (Attachment C). 6. Private vehicular accessway requirements (e.g. widths) delineated in Attachment C shall be observed. 7. The Developer shall complete and submit the City of Dublin Standard Plant Material, Irrigation System and Maintenance Agreement (see Attachment D). 8. The Site Development Review approval shall be valid for two (2) years from the date of approval. The approval period for the permit may be extended one additional year (Developer must submit a written request for the extension prior to the expiration date of the permits) by the Planning Director upon a determination that the Conditions of Approval remain adequate to assure that the above stated Findings of Approval will continue to be met. Failure to exercise the approval, or to make [PA 88-009.3:Reso PC (SDR) 1/17] -2- n substantial progress in completing the project (significant above ground construction based on valid building permits), will cause the permit to become null and void. 9. Construction plans shall clearly show the location, design and materials used for any project fences, walls, gates and retaining walls. The design, location and materials used for these items are subject to review and approval by the Planning Director. Wooden fence posts and any other wooden fence members in direct contact with the soil shall be pressure treated, unless an alternative treatment/material is approved by the Building Official. 10. All construction shall be limited to take place between the hours of 7:30 a.m. and 6:00 p.m., Monday through Friday, except as may be approved in advance in writing by the City Engineer. 11. A condominium plan shall be filed for this property prior to occupancy of any unit. 12. Prior to the issuance of building permits, the Developer shall document that the Ordinance requirements of the Dougherty Regional Fire Authority (DRFA) have been, or will be, satisfied. (Attachment E outlines DRFA's requirements). 13. Construction plans submitted for building permits shall include details on design, dimensions, locations and materials for the swimming pools, spa, tot lots, mail kiosks, tennis courts, and trash enclosures. These details are subject to review and approval by the Planning Director. 14. A street naming and numbering system based on the City address grid system (Attachment F) must be submitted for review and approval by the Building Inspection Department prior to the issuance of building permits. SITE PLANS 15. Exceptions to the standard setback requirements as established for PA 88-009.1 by City Council Resolution and shown on Exhibit "A" are granted as follows: a. Building 2 - may observe 10 feet setback from property line. b. Building 7 - a minimum 10 foot setback from parking area shall be provided; exceptions are granted to allow 8 feet from creek fence and 10 feet from private road at south corner of building. c. Building 10 - building may observe a 9 foot creek fence setback at east corner and 9 foot private street setback at south corner. d. Building 11 - southside building appurtenance may observe a 5 foot setback from creek fence to provide a 15 foot setback at northeast corner. e. Building 22 - south corner may observe a 10 foot setback from property line. f. Building 2 appurtenance and Building 1 setback shall be reduced to 17 feet to allow Building 1 to observe 15 foot setback from property line. 16. Maintenance road and fencing adjacent to Building 3 shall be modified to shorten the center of the maintenance road about 30 feet. Fencing shall be arced along an approximately 25 foot radius curve from a point roughly parallel to the Building #3 entry to a point on the property line. Area previously shown as maintenance road shall be landscaped. 17. Building 3 setback from the loop road shall be increased to at least 12 feet. [PA 88-009.3:Reso PC (SDR) 1/17] -3- 18. Eliminate eastern patio/deck area from north side of Building 11. 19. Building 26 shall observe a minimum 12 foot setback from the creek fence where pathway passes between building and the fence. 20. Mailbox locations shall be approved by the U.S. Postal Service prior to acquiring building permits. Written confirmation of said approval shall be supplied to the Planning Department. 21. All uncovered parking spaces shall be shown to be at least 9 feet in width and 18 feet in length. Compacts shall be shown to be at least 8 feet in width and 16 feet in length. A 2 foot overhang (into a landscaped area) is permitted. 22. A minimum parking ratio of 2.15 spaces per dwelling unit shall be provided. A maximum of 50% of the uncovered spaces may be for compact cars. 23. Parking shall be permitted only in approved parking stalls. No parking is permitted along street. No storage of vehicles or other items is permitted in any parking areas. 24. Revised building layout for Area 2 is subject to approval of the Planning Director. Revisions are required to increase the Building 14 setback from the private road. Parking spaces on the west side of street adjacent to overpass to Area 1 shall be eliminated. Exceptions to the standard setback requirements established for PA 88-009.1 may be approved by the Planning Director if the exceptions will not cause safety conflicts and if the exceptions are in keeping with established aesthetic standards established for this project. 25. A minimum of 15% of the total parking spaces shall be marked for visitor use only. One carport space shall be assigned to each dwelling unit. The remaining parking spaces shall be unassigned. LANDSCAPE PLANS 26. The root shields utilized throughout this project shall be by Deep Root Control Products, made of high impact polystyrene, or of an equivalent design, as determined acceptable by the City Engineer. The locations where root shields shall be utilized shall be subject to review and approval by the City Engineer. 27. Transformers, irrigation control boxes, backflow devices, valves, and the like, shall be enclosed in vaults, fencing and/or painted out and landscaped, as determined acceptable to the Planning Director. 28. Plant materials shown on the Conceptual Site Plan are generally acceptable. The Lirodendron tulipifera may be used as an accent tree, but because of high water requirements in the summer, it shall not be used as a theme tree. 29. A plant watering and maintenance program for non-creek areas shall be submitted to the Planning Director for review and approval. Separate winter and summer watering schedules shall be established. Watering of trees shall be restricted to deep watering two to three times per month. First year watering and mainteannce programs to establish plants shall be specified. 30. Pathway from Building 7 carports to east side entry shall be added to pathway plan. 31. Pathway to Building 25 westside entry shall be as shown on Site Plan. 32. Pathway between Buildings 4 and 5, as shown on Site Plan, shall be included in pathway plan. 33. Main pedestrian walkway shall be extended from the recreation area in Area 1 and connect to Amador Valley Boulevard sidewalk. Wheelchair ramps per Title 24 shall be provided at each street (private or public) crossing. [PA 88-009.3:Reso PC (SDR) 1/17] -4- n 34. The final internal pedestrian walkway system shall be subject to review and approval as part of the Project Landscape Working Drawings. IMPROVEMENTS/PLANS 35. Prior to filing for building permits, complete project improvement plans, including precise plans and specification for street improvements, grading, drainage (including size, type, and location of drainage facilities both on- and off-site) and erosion and sedimentation control shall be submitted to and approved by the City Engineer. 36. Construction Plans shall include design and location details for vehicular traffic signing (e.g. stop signs, street name signs) throughout the project site. The striping and signing of internal roadways shall be subject to review and approval by the City Engineer prior to installation. Internal roadways shall be posted as private streets. Parking area striping and signing shall include small car, handicapped and visitor parking information. Use of double striping for open parking spaces is encouraged. 37. Prior to approval of improvement plans, the Developer shall document that the requirements of Zone 7 have been, or will be, satisfied (Attachment G outlines Zone 7's requirements). 38. The Applicant shall submit a Private Vehicle Accessway Agreement for review and approval by the City Engineer and City Attorney. The Agreement shall serve to establish a contract which will enable the City to provide specified maintenance service on the vehicle accessways in the event the Developer or the Homeowner's Association fails to so maintain them (see Sample Agreement - Attachment H). 39. Details of the textured concrete walks and the stamped concrete entryways and crosswalks shall be clearly delineated on construction plans. The design, materials, dimensional layout and colors shall be subject to review and approval as part of the Project Landscape Working Drawings by the Planning Director. 40. Unless specifically provided for within Exhibit A, parking of recreational vehicles (as defined in Section 8-22.51 of the City Zoning Ordinance) within this project is specifically prohibited. Said restrictions shall be prominently outlined within the Rental Agreements and Terms of Sale Agreement for individuals purchasing units in the project. Upon request, copies of such documents shall be submitted to the Planning Department. 41. A 10-foot wide concrete paving strip shall be provided across each entrance. The main entry paving strip shall align with the lip of gutter on Amador Valley Boulevard and textured paving stones on project interior. 42. If occupancy is requested to occur in phases, then all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction-Phased Occupancy Plan approved by the Planning Department. Said plan shall be submitted a minimum of 45 days prior to the occupancy of any unit covered by the plan. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and completely separated from remaining additional construction activity. Any approved Construction-Phased Occupancy Plan shall have sufficient cash deposits or other assurances to guarantee that the project and all associated improvements shall be installed in a timely and satisfactory manner. Any approved Construction-Phased Occupancy Plan shall indicate the proposed timing of completion of the project recreational facilities. At the request of the Planning Director, written acknowledgements of continuing construction activity shall be secured from all occupants or tenants for the portions of the project to be occupied, and shall be filed with the Planning Department. Said acknowledgements for a subdivision shall be part of the settlement documents between the Developer and Buyer, if applicable. [PA 88-009.3:Reso PC (SDR) 1/17] -5- 43. A grading permit shall be obtained prior to any grading of the site. 44. An encroachment permit is required for all work in the public right-of-way. 45. Existing storm drain lines shall be relocated and easements abandoned and rededicated as required to avoid building areas. 46. As-built drawings showing the locations of all underground utilities (water, storm and sanitary sewer, gas, electric, telephone and cable TV) shall be provided to the City. ARCHITECTURAL/BUILDINGS 47. Exterior colors and materials for the structures shall be subject to final review and approval by the Planning Director and shall be shown on constructions plans. A colors and materials sample board shall be submitted with construction plans when applying for building permits. 48. All ducts, meters, and other mechanical equipment on the structures shall be effectively screened from view with materials architecturally compatible with the main structures. The method used to accomplish this shall be clearly delineated on construction plans and shall be subject to review and approval by the Planning Director. 49. Unit security shall contain: dead bolt locks with security strike plates on all entry doors; a 180 degree peephole on all entry doors; positive window locks; pin locks on all sliding glass doors; dead bolt locks with security strike plates or hardened padlock hasps on all exterior unit storage areas. 50. Exterior lighting shall be provided on stairwells, dwelling entrances and by street and unit numbers. 51. A minimum of 120 cubic feet of special storage shall be provided for each unit. Architectural plans shall clearly indicate 120 cubic feet of usable and water proofed storage space. Clear access shall be provided to water heater, furnace and other utility equipment. SIGNS 52. Signs established for the project (other than traffic regulatory signs) shall be subject to review under a separate Planning Department application. No signs shall be installed on the site without prior Planning Department review and approval. 53. Design and location of address directories shall be approved by the Planning Director and Dougherty Regional Fire Authority (DRFA) prior to occupancy of any unit. 54. No off-site subdivision signs shall be utilized within the City limits until the appropriate Conditional Use Permit approvals are secured. MISCELLANEOUS 55. The recreation area pool shall incorporate use of solar collector panels. The type of panel utilized shall be subject to approval of the Planning Director. The Developer shall supply documentation that the number, size and location of the panels utilized shall suffice to provide adequate pool heating for a reasonable length of time in each calendar year. Heating of the pool may be supplemented by gas heaters. The use of pool covers may be used in place of or in conjunction with solar heaters providing the Applicant can demonstrate reasonable energy conservation to the satisfaction of the Planning Director. 56. The developer shall comply with all requirements of the Dublin San Ramon Services District Water Department and provide documentation that all Ordinance requirements have been, or will be, satisfied. This documentation shall be submitted prior to the issuance of building permits. 57. New exterior lighting shall be of a design and placement so as not to cause glare onto adjoining properties. Lighting used after daylight hours shall be minimized to provide for security needs only. [PA 88-009.3:Reso PC (SDR) 1/17] -6- 58. To apply for building permits, the Applicant shall submit six (6) sets of construction plans to the Building Department for plan check. Each set of plans shall have attached an annotated copy of the Final Action Letter. The notations shall clearly indicate how all conditions of approval will be complied with. Construction plans will not be accepted without the annotated Final Action Letter attached to each set of plans. The Applicant will be responsible for obtaining the approvals of all participating non- city agencies prior to the issuance of building permits. PASSED, APPROVED AND ADOPTED this 17th day of January, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director [PA 88-009.3:Reso PC (SDR) 1/17] -7- ........ • • 14285 w.coweN.w Reaua.T.o ay CORDED M 11 r 11 worm Tiro Mrs.a ...v....roar re.,w MICUOAll -\ r01001c Savings and Loan Assoc_' militate _` /� 2f Tanval St. °wawa amaa or .Net `Y San Francisco, G. 91116 / ae'"�a COAT CPA/MY ►, �h '""LAtt: Mr. r. Grtxae J �/ agdE C.DAVIDSONMS / t, Title co.�N-a80925 F.-o.Nn. I .tics Anove,.rs Uwa•row•.toss,..... e r ..r........e.... D..wr,*seer v e 2.266.00 U C..►..d.ten warm.l peerK!me.vr.1.. ' •w Addressee abate. ❑c•me.r a red Nr r or W ro.r.a TT.... norm...-sr or a role 941-500-3-6 Tracer No. 337154 j Corporation grant attb 879797 FOR VALUE RECEIVED, MJIMILIAM MAMIIFACTURING COMPANY, a corporation I I GRANTS to OLYMPIC SAYINGS AND LOAN ASSOCIATION.a California corporation, PS that leas propeny Musa.Ste Toenshlp of Pleasanton. - Co.ety M Alameda .sic:of CaWur.i data ,bed as Idbw% 1 For description of the premises see EXHIBIT 'A'attached hereto. i RECEIVeb 1 JAN 0 "pi�y r .. by IN MRTNfiY WHIEILEOF.rid mr{orm W nacved uses preara b.as.gym.mns.emo 6676 auebre.d-tatm lath dyol Janury i982 MIIMILIAN MANUFACTURING COMPANY, a corporation • sretr�n c.�wn _ 34A GMAX i rod P ees ar I .ow P.n.s eats.a.sees r.. or t.�n TO ear .r�e..�r sees.se err— mom rrr.r `am ar.r OP.• aerate=r .r. S i4f 1 f L_ .. .. 1,. �'� • . (r r tlr ` V � 1 ji �Y in*ir P lY b titles S1f CO- PP(08.061 5 (45 014285 t1Nre:T 'A' • runt parcel of land In the Township of Pleasanton, County of Alameda, described State of California, Is follows: ,omment:atenm t a i as honterseetlon of the centerline of County Road a0, a parcel of, land dese oD rtyit: t hm R d, with the aouttrn lino of the of America to Ma C. Becks et alQu .. Deed by u,. tb�ltedl States recorded a brwary 20, 1950, in look 6025,epage 128d ' Official 69• 19'ao5l8e` meet County,09.02 feet 7; to •point one along sthe !eaten' line aid southern li north ne the 31.2described in the Nod Loui to Mlekoloxrhomsonand Alien Thomsen, dated Pse bruary 18, 1946, recorded in Book A8o8,Alameda County, Tf/17760, said p� th ,Actual Official Records of beginning of the following described point De lag the AOt Point of the last mentioned lino Korth 19' 30'p41' Wl of land; thence along scuthea■tern line of Amador ',alloy 1• Mat s described sc feet to the !:rant1. 6, Right of try, to the County of Alameda,a dateddatd bad in tM Lorded Deeimter lA, 1966, Mel , am02, loco Series Mo. AY/139258, Alameda County Records 7thano. North Recorder's Jt.• west 40.00 feet to the centerline of said Amedor Valle 3 50' trance along the last named line south 55' 09' 54' lest 1246.55 festd; to the Mortheastorn Night of Way lino of the Southern Pacific SC feet thence along the last named line South 34• 50' 06' East 314.03 feet to the direct extension Southeasterly of the Southerly line of land described as Parcel 1 in the Deed by Gone A. Staubar, et al., to Anthony M. Staub7, et al., recorded Pebruary 14, 1956, in Nook 7934, page 183, Official Records of Alameda County, Instrument Mo. AL/15481; thence alongre the last named line to and along the Eastern line of sa!d 50' 24 • �t 231.23 the fell g courses and distances: North 88' 50' 26' 3 5.00 feet; North 53• 36' 18' East 404.00 feet; North 8 012' hu t 182.00 feat; South 8 31. 09' East 93.68 feat; South 27' 14' East 33 feet; Korth AA• 40' 57' East 111.82 feet; North 22• 48' OA' East 158.38 ist; North 8• A7' 12' East 244.30 feet; North 49' 26' 30' West 155.09 feat; North 19' 30' 41' Meat 56.74 fete to the Actual Point of Beginning. kacepting from the above described parcel of land all oil, gas, minerals ano other hydrocarbon substances in and under or that may be produced from a depth below 500 hest right of entry Ire the surfaced of tie hind without drilling, exploring oreextracting of uchd landfor sin ral,can of mining, hydrocarbon substances oher e of oil, gas In ors to and other of the surface ofof or rights to eorl to any portion thereof, as said land to a depth of 500N fait Colow the surface, Inc., to Qualified Invesed in the Inc.,Dfrom June 5 Lain , recorded In 27, 1967, Instrument 6, dated Duda 25, ty67, ordo.ded Juno ruaent No. Ai/60!36, Alameda County Records. 2of5 };tease - =�r`"!e<:�..aL �r 45�a.ni... s�w�: s..�-ywk&�.:,�.._. sees .:.a .r.� ., - .r t;;J+r.. } f 411Wk,. sees A 5 .111eL.. 1. fY +_ • 1-0142.4 • •»sot Nes shire Neefeteeterias Denise besets" reserves frow the greeted berate. as eMsssat for perpesss of 1agreee, prima M a stt1lt, liege. for w beeetit et mad apperteseat to Parcel Two es described is Inhibit •C` berate. aid ss:Meat is located as desgribed la Isa►ibit I beret's. z r5 1 • • rr ,r K_i • . • • • • • • '.t' ra ' ;. I? . a•• •..� A. • v` •� ty.\ °ate '�.t�,,110tir'1 .►, - R. 3 of-5 R-01/3115 12012111, Y• bovine/mg at the suet merthseeterly earner of the loads described La the deed to Maxis/lime lmsefeebsrimg Company, Iacsrrorated, reworded Oeea•er t, 1577, Series 77-1,4433, heel 5000, Image I37, Almonds Coast, lsaerda• meld plat helms oohs ideet vita the center- line a! hrlder Vallee Sea11eeer4 end the.easterly line of the leathern 7esitls Seilteed right-of- may lime; thrice l 34° CO' oa• 144.40 feet to the laleeasetiOR of the general sestlerly line of Mai' Valley Sealeeer4 amid the railroad Company right-of-ray lire; thumbs alas, •he m ntherly right-of-may lime of leader Valley laalewre 1 u' S4. 11ti.00 feet to the tree point of beginning ed a 32 fest tide easement. 11 feet each side of the following dwtribed oseterlimat l N• SS' Id' 13d2.M lest to the beginning of a carve concave to the southwest hewing a radius of 370.75 feet, themes southerly 10.33 feet aloe,the carve through • eagle of 1I. 01' 10• to a point of a reveres curve eve oeooays to the northeast having a radios of 371.75 feet, thence soother ly 4.82 fest alone the carve through a central angle of a' 42' 45' to the southerly lime of Maximilian Manufacturing Company .. Parcel. • • = MIT "r• ,..- la fill • � eti1+ • P?-014285 EXHIBIT 'C• PAXCEL TWO: A portion of that certain 231.2) acre parcel of land described in deed to Nicholaj Thomsen, et ux, recorded March 5, 1946, Series No. TT/17760, Book 4801, Page 292, Alameda County Records, described ? as fellow: 1 1 Beginning at the point of intersection of the general Southern s boundary line of the said 231.23 acre parcel of land with the Northeastern boundary line of that certain strip of land 60.00 feet wide,1des1ribed in neDer d for Highway purposes only to A. H. Cope, recorded k 3227, page 5, Alameda County Records; thence along the837 said Series No. F7/ , in lasstmeentioned line North 40. 35' West 74.60 feet to the actual gent; thence North 31* 41' 11' East 233.34 feet; thence South 67• 40' 19' East 193.38 feet to a point of coeaence- of the said 231.23193. acre point on the exterior boundary line being the Southern terminus ofthat of acertaindcourse last mdeslgnated as •North 16. 00' East 6.90 Chains*,. in said Deedpoint i and wife; thence along the said last mentioned line North16. 00' , Nicholaj Thomsen ' East 455.40 feet to a point i certain parcel of land designatedon the exterior boundary line of that ? Stauber and Glynn E. Tucker, ecordedPPebruar arcel 1 i1 Deed to Anthonyd W. Recorder's Series No. AL/15481, in Book 7934,yPage 183, Alameda 1956 a County Records; thence along the said last mentioned line the four following courses and distances; North 9. 06' 30" West 90.83 feet, ' theni^e South 84. 01' 18• Nest 182.00 feet, thence South 52. 31' 24• Wa est 404.00 feet, and thence South 87• 45' 30• West 248.50 feet to 60.000t on feet wide;ithencehalongrthe°s'aidrlastnmentioned strip line Southland 40. 35' East 482.75 feet to the actual point of commencement. i k. • I • H . i , , ""ill . S.s r. 1. rt I ' ... ' v SL5 AMENDED MAP Llorr,or.YaT, 0 SCALE:I1'=5O• - IIIMPLESSIIIIIII I TRACT 4950 '� n/ 'a[+ CITY OF DUBLIN Ems ...,EPN ALAMEDA COUNTY• ,CALIFORNIA • cis mum _�),! Ia � T` ,11 I 0$`tl A CONDOMINIUM PROJECT • � s.s•11 si s Q Z CULLEN ENGINEERING ASSOCIATES.INC. f�=0 BY M4 ,II,:OK t` E •�� I- I L. . BAfif OF BEAA•/N6a-BE/N6 THE BENICIA,CALIFORNIA lftl!•i7 LZRI= 1_ " V— W 4 /MONII.a.ENT L/NE Bf Tt✓LEN THE , r Mamu ENTA%A@*%'NEIVE,✓, f�.r' "... �MS['T••E � is 6� 1 3afaP'Avur. _ _. �. xL 1. — BASIS OF BEARINGS--",, ts!/a/'M-M AV!A@ III) Y� N!f•/r•KY E9r.,a'M-M - I / re Nff 09'K'Y' 1NAe' M•M �' Nf><f'0/f1'L NW f0•M•M_f y®y�y� Q _F ..L. }- — 1 AMADOR VALLEY BOULEVARD ME °• YI t•x'w'u J.'nn ._ Ilii•STS/xis MIIIIIIIIEEINIII I-----.----I. • - w LO' fN. WE aiL iL .. -- 10' IOtN7ri1 �fD![l� rss'ev's••[ .rt Be ✓M fel.. lIM.•l�lFii21Ll1�� ! 11 ot'� I—' Irr�� SOT s w1 PIONEER \ /.{`7 P—--—I.. r1S ` LANE lF F•F..1fe.s/-it NIfNNr r F ❑ ,X .. '' a I +7`; - V t BASIS OF BEARINGS 1 I` ...o'er• ...r.01 p I� .:ns• r>rwr a•.rw l:l•�B ra.IENAc/,w�af-f As~rfa/NN W Bst'afB- . •/ II .1,110 N I J O f✓.ftS AY%/t FALO FEB N.,!T/.our,'Or §,?v la .LI t N /�J --.✓7/•AiBEA A✓LO.oIO' 4M4,444044 BicW T•I ,AMIMINT LAW"BLTMEVN i ' d V , /. .I $< ` ). , -- __../fs''IA" /9N• THE!AA9AKY.LNTr/..IPwN NBN-[V BL/NL 4 IS' I�I +F I 1 I I sow ao'AA., • 3 • a7.1 .,.... A'' ' , I? — 4I }: l a --_.vlievitAr'War• ` I It ~, � - _'u% ,.. :• 4'�' raf• x�. •s ..h'57/ r,;. --Nifallf".w s[u• LEGEND ) 't' II.� •••'.L_,A Z -'. yy O FR /TR ALAMERI CeuVT✓ fTEItT A[wvu r Lti � I L' —T•'s•— COx EETOOA �. � • © Pow,sit sm.,s Frr airer/rrszu _ [ J fET Vs"FIB.IB.[•/tAr la/Al 1i_� Y\ ]� N if'F II `y[ w •. Y'_ •L✓[• 7--- S N 'i`,/ r LAx�r._ [• w . _ ■ FO W/t [ TAE R LL.• Yu Mk j,T�ILK—_,...„,„rrr/'' � r,•�.. f 0 — 1) IrFFIf,a LEa• W pYfa//ANLV wITN INtO 41 [ 'r �� 11�tw • •N/t'ifll',[' Is c/' O srr sra Au..[Ecu L,•wsY Is ETA G f/s..r fvirs 17�. /:� a ",' 'yy•�aa�=_ !� ^• ♦ ..� Er TE.e/w•Bau•/oA1rt%F •,•• !1 I .L a'i'of' ! . n..r 1 4 Il•MII'i' dal Yf'fa%4/R.-pi DOIG owt BUMP, re.KT BavNMIY [ V 1Q r---a M MG lxl a IO I s uP,IS NOT unICAl91 TO M WIOUL yV1 .. `pry 1 i I i'' if-0 T 1 .-..f .[[ . �L,R.,.u"��.I R,�[x�f�M,1�MEER SOME.SWIM CRADOCE. AR TbL E I V E D , . 1: 1 rff'hN`r `K I. TM. IMO C 3 Nff•af"SA! /9/r/' 6` , r-' ,.Ira' . r•[na'``F, I! x� �Ivows,tom. 00111 • fa' fa' •L,' /[ ,.,.r' w S]•o+S.0 wX w. /y\ l� ... s+roa.w ,,,;) STMOCOAOI I�pIT�L�rt.y� ewixu�p(A¢}� " IL. wEss rs.se'," - [NSSors•P//mow en*/ - �, Vpun rLw`1mn .rq 'PET LIN■ rrnorr�Ic COMPANY,Ix nap xtiouen awiA.Y».Iva.BOOM N3. Q I Nbl f/If'w fl fr., _� Nff•a/'K fLMor' 2. WuwL POI POI.me notlmO NO aRAssNN®IN Alps Ir'Ammo -_ DESIGNATED REMAINDER- xtmlMMA lr 2[LIMO.8,1St SUITS M�bi1I MO S,MIST'TOMO.M 9E6 ONFETi t f 7 ,I w1075 MR cvaan[[^� Inn®Ir Laalo. SHEET'1 OF a • :II Gi- i,_.i!i.:CiiT f_22;c_? hruflfv 13, /92.5 wilt—CORDING REQUESTED BY AND SF J ` BS_ 325,43 ` WHEN RECORDED MAIL TO: .;"" " ---- — CHICAGO TITLE COMPANY l“,•.••• ,•._ =• __AJar'ltda.•___ 409 JACKSON STREET r . . % HAYWARD, CA. 94545 �" • ti• _ �....., _ _. ATTIJ: DEVELOPER SERVICESC(_____g_ -, nf CERTIFICATION OF AMENDMENT AND RESTATEMENT OF DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR HERITAGE COMMONS HOMEOWNERS ASSOCIATION WHEREAS on December 13, 1984, as Instrument No. 84 245734 of the Official Records of the County Recorder of Alameda County, a Declaration of Covenants, Conditions and Restrictions ("the Declaration"), was recorded by Declarant, Coast Savings and Loan Association, and amended on January 9, 1985, Series 003439, Alameda County Recorder's Office, covering a residential project identified as Lot 1, Tract 4950, recorded December 6, 1964 in the Office of the Alameda County Recorder, and WHEREAS, in Article XI, Section 4 thereof the procedures for amending the Declaration are set forth, and WHEREAS, the Board of Directors of the Association have approved and the Owners have now consented to an amendment of the Declaration, • NOW, THEREFORE, a majority of the Board of Directors of the Heritage Commons Homeowners Association ("the Association") hereby certify as follows: 1. That the Amended and Restated Declaration attached hereto as Exhibit "1," and incorporated herein by reference ("the Amendment"), has been approved in writing by not less than seventy-five percent (75%) of each class of condominium owners: 2. That the Amendment is not a material amendment and no other consent or approval is required; and 3. That the Amendment shall be deemed effective upon the recordation of this certificate with the Amendment attached hereto and incorporated herein by reference. ' RECEIVED A 7�'°i1.771T I L& HIV 0084 n -Section 3 Ingress and Egress: There is hereby reserved to each • Unit, as dominant tenement, a non-exclusive easement appurtenant to each Unit over and across the Common Area, as servient tenement, for ingress, egress, use and enjoyment of said Common Area subject to the limitations provided in this Declaration. Section 4 Patio (garden areas): Each Unit and Unit Owner shall have an exclusive easement, and such exclusive easement is hereby granted for the use, possession, and enjoyment of any patio (garden area) bearing the same number as the Unit, as designated on the Plan. This exclusive easement shall be subject, however, to the right of the Association to enter in and upon such area for the purposes of maintaining and repairing the same, pursuant to this Declaration, and enforcing the terms hereof. The grant of any such easement includes such area beneath the surface of the earth as is reasonable and necessary for the cultivation, landscaping and drainage of the subject area. Section 5 Parking Spaces: The parking spaces designated on the Condominium Plan as "GP" shall be for the exclusive use of guests and visitors and shall not be assigned to any particular unit. No vehicle utilizing such parking spaces shall remain in such for a period exceeding twenty-four (24) hours. The Association shall retain the right to enter in and upon said parking spaces for the purposes of maintaining and repairing the same, or any other portion of the Common Areas pursuant to this Declaration, and enforcing the terms hereof. Section 6 Encroachment Easements: Each condominium within the property is hereby declared to have an easement over all adjoining condominiums and the common area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be valid easements for the maintenance of said encroachments as long as they shall exist, and the rights and obligations of owners shall not be altered in any way by said encroachment, settlement or shifting; provide., however, that in no event shall a valid easement for encroachment be created in favor of an owner or owners if said encroachment occurred due to the wilful misconduct of said owner or owners. In the event a structure is partially or totally destroyed, and then repaired or rebuilt, the owners of each condominium agree that minor encroachments over adjoining condominiums or common area shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall t\ exist. j Section 7 Easement for Road Access and Use: There is hereby / reserved an easement for reasonable access and use to the owners of any lots and/or units in any subsequent phase of the Project n er which is annexed pursuant to Article II, or any Lot, which by ,:j'l necessity, must be accessed through any common area(s). Such reservation shall be subject to the provisions of Article V, Section 3, of this Declaration. • 22 AvativEArtp2 - 40140 The Caaden Company 9090 W)lahire eOulavard Thhd Floor Beverly Hills,CA 90211 January 9, 1988 (213)274.5553 FAX(213)276.6466 Trudy Ryan City of Dublin Planning Department 5500 Dublin, Suite D Dublin, CA 94568 RE: Alamo Creek Apartments Dear Trudy: • CoastFed Properties is pleased to provide you with the recorded documents certifying the road use easement over Stage Coach Drive. This is submitted to you as our response in compliance with the Planning Commission's request. As you will see from the attached documents, a road use easement over Stage Coach Drive was granted and recorded on January 29, 1982 as instrument No. 82-014285, Corporation Grand Deed, from Maximilian Manufacturing to Olympic Savings and Loan. The road use easement over Stage Coach is described in Exhibit "B" of the deed. Maxmilian Mahufacturing and later, Olympic Savings and Loan in the role of development participation for Tract 4950, understood the need for access on to Amador Valley Boulevard. This understanding not only facilitated acceptable standards of circulation but provided the legally required access for Tract 4950 and the remainding phase. ; Subsequently to the development of Tract 4950, Coast Savings and Loan assumed ownership of Olympic Savings and Loan. At that time, the designated remainder of Tract 4950 and the Deed granting a road use easement over Stage Coach was transferred to Coast Savings and Loan. The I designated remainder and the road use easement rights were then ; transferred by sale to CoastFed Properties. The policy of title 1 insurance dated June 30, 1987, vesting CoastFed Properties as owner of the designated remainder, shows the recorded road use easement over Stage Coach Drive (see item 7 and Parcel 3 description of said policy). . This road use easement was recorded and copies of same were given to each buyer within Lot 1, Tract 4950, Heritage Common Condominiums. [ Representation of the easement were shown to each buyer in the following 1 documents: Sheet 4 of Tract Map 4950, recorded December 6, 1984, Easement Notes #1 Heritage Common's C.C.&R's recorded December 6, 1984, Page 22, t Section 7 Page 7 of the Final Public Report for Heritage Common issued i February 20, 1985, Easement No. 2 affecting Stage Coach Drive P imr,7,Fit („...- 1.-,-, -,.--. is ‘: ,...... -........4......„ . J A5t.4f Pere • •cr 2.mt., i Ad Based on the above documents, a clear and concise history of this easement has been communicated to each owner of the existing Heritage Commons Condominiums project. The initial easement was recorded three years prior to the establishment of the Heritage Common Condominium Tract. Each buyer within Heritage Commons was made aware of the easement through the Title Report, Tract Map, Final Subdivision Public Report and C.C.&R's. Without this clear and unmistakable disclosure of road use access, CoastFed Properties would never have embarked on a development process nor incurred the development expenses of site planning, civil and tract map engineering. Thus, the Planning Commission, and the Heritage Commons Homeowners can now be assured to a certainty that an easement over Stage Coach Drive dogs in fact exist. With this easement in place, Alamo Creek Apartments will participate in its fair share of the maintenance of Stage Coach Drive. That share being 50% of actual cost incurred. This share contribution will be made to the replacement reserves in cooperation with the Heritage Commons Homeowner Associations. Please contact me if you need further clarification on this matter. Sincerely, THE CASDEN COMPANY p Carl Steinberg, Project Manager cc: Michael Hughes enclosures 4-TRLET2 { - N • STAF.F 5UlY on. -Si c Dvr to h+Q,vt;F ' 16(1. Fr..! (Atte ,e4-E �i 1�/0 Min IZ rel. ex. , , dn� i, � 1 't:� 's``�� i`10lai' II�;Gi COIVAVVAK��I��S ate^ COiICL'D AL ,+' !.?), �, .r ,+�;t�/ '% o" • r,\ 11 PLC , ,<, C,j'?i .�ar��'q• i -lM'Jg5�,'[i='©C'� r&'0• •A't�9 .$ Ko$� `•.� f 4. r i' �1• • i'j\VOA .. '*4'. o.. N„ revise ' ,/6critkii \\y t4 :iN`4, C-�=:^=_.-__-- ,/,/ DP/ ,,,4•St ..•••• .•. t•.). ' -, •-/?•..oriPfr ''. 'asse.A.4' './.'," .‘1/4 ;'Ir ,;,, '`". want- i/' / I{ 6.'A.,� �•r' t f pQs�.. ) I.1 O •0 r. a °-. 7I• A t.:.N`' ti•�' .O `'' 1i. I 7/% ' N,,y\N(., . '1417,110tatIS\ s\ f:;;')),.' .„) Is..,, 'tZ:1 ;,y1rai&.• . '°'1,) ,:".' i 7.'•.I''9i'Y \ •. ••-• < ))., E.) .4.:)>) -t4.)go' •Ii." 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