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HomeMy WebLinkAbout5/15/1989 PC Agenda AGENDA CITY OF DUBLIN PLANNING COMMISSION Regular Meeting - Dublin Library Monday - 7:00 p.m. 7606 Amador Valley Blvd., Meeting Room May 15, 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 - May 1, 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 89-027 Little Kids Learning Center Preschool Conditional Use Permit Request to Maintain Existing Use of the 3 Building Site as a Daycare Facility for up to 91 Children Located at 11760 Dublin Boulevard 8.2 PA 89-014.2 Rainbow Investment Conditional Use Permit Request to Allow Outdoor Seating and Eating at Erik's DeliCafe Restaurant Located at 7601 Amador Valley Boulevard 8.3 PA 89-041 Villages at Alamo Creek - Planned Development Rezoning Request to Modify Condition #53 of the Planned Development Approving the Villiages (PA 85-041.1) located at Dougherty Road, Amador Valley Boulevard and Alameda/Contra Costa County Lines 8.4 PA 87-012 Donlan Canyon General Plan Amendment request to include 197+ acre project site within the City's Primary Planning Area designating 19.1 acres for medium-high density residential and 164.9 acres for open space located north of Dublin Boulevard, west of Silvergate Drive, an unincorporated portion of Alameda County (continued from the May 1, 1989 meeting) 9. NEW OR UNFINISHED BUSINESS 9.1 Review of Dublin Planning Commission Rules of Procedures 10. OTHER BUSINESS 11. PLANNING COMMISSIONERS' CONCERNS 12. ADJOURNMENT (Over for Procedures Summary) DUBLIN PLANNING COMMISSION PROCEDURES SUMMARY WELCOME to the Dublin Planning Commission meeting. The Planning Commission is made up of five Dublin residents who have volunteered their services to the community. They were appointed by the Dublin City Council. The Planning Commission encourages and appreciates participation by Dublin residents. Regular meetings of the Planning Commission are held on the first and third Mondays of each month in the Dublin Library Meeting Room, 7606 Amador Valley Boulevard, Dublin. TIME: Planning Commission meetings begin at 7:00 p.m. No new public hearing item will begin after 10:30 p.m., and the meetings will be adjourned by 11:00 p.m., except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. ITEMS NOT ON THE AGENDA: No action shall be taken on any item not appearing on the posted agenda unless: 1) the Planning Commission determines by majority vote that an emergency situation exists, as defined in the Government Code 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the current meeting. ORDER OF PRESENTATION: After the Chairperson opens the public hearing on an item, the order of presentation will be as follows: 1) Summary Presentation by Planning Staff 2) Questions by Planning Commission 3) Comments by Applicant 4) Comments by Others in Favor 5) Comments by Those in Opposition 6) Rebuttal by Applicant if Necessary 7) Additional Comments by Staff as Appropriate The hearing is then closed and the item turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Planning Commission. PUBLIC COMMENTS UNDER ORAL COMMUNICATIONS: Any citizen desiring to speak on an item not scheduled on the agenda may do so under Oral Communications at the beginning of the meeting. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. When an item not on the agenda is raised by a member of the public, the matter shall be deemed automatically referred to Staff unless the Planning Commission determines to take action as outlined in the section above entitled ITEMS NOT ON THE AGENDA. PUBLIC COMMENTS ON A HEARING ITEM: On a public hearing or other scheduled item, the Chairperson will ask the audience for its comments, first from those in favor, then from those in opposition. After receiving recognition from the Chairperson, please state your name and address, then proceed with your comments. The Planning Commission wants to hear all citizen concerns. Each new speaker is asked to be brief, add new information, and not repeat points which previous speakers have made. The Planning Commission is particularly interested in the specific reasons why the speaker is for or against an item. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. The Chairperson maintains the discretion to request the use of Speaker Slips and to limit comments. Anyone who does not want to speak may write comments on the Speaker Slip and turn it into the Planning Commission while the public hearing is still open. SMOKING CONTROL: Please do not smoke during the Planning Commission meeting. ITEM WITHOUT APPLICANT: If the applicant or representative fails to attend the public hearing concerning their item, the Planning Commission may take action to deny, continue, or approve the item. The item may be considered for continuance upon receipt of written notification of the applicant's inability to attend the hearing. CITY OF DUBLIN Development Services ^ Planning,Zoning 829-4916 P.O. Box 2340 Building & Safety 829-0822 Dublin, CA 94568 Engineering/PubIic Works 829-4927 DECLARATION OF POSTING - I declare under penalty of perjury that the foregoing Agenda for the Dublin Planning Commission meeting of �� 198?, was posted at the Dublin Library, 7606 Amador Valley Boulevard, Dublin, California, on the 1-1\tk of nLVI , 198 C 1, by(S51-67-)p.m. Executed this day of riA_C,A/ , 198.:1 at Dublin, California. Laurence L. Tong Planning Commission Secretary by Plan g Secretary s • CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: May 15, 1989 TO: Planning Commission FROM: Planning Staff REPORT PREPARED BY: Laura Hoffineister, Associate Planner QYrrT� SUBJECT: PA 89-027 Little Kids Learning Center Conditional Use Permit GENERAL INFORMATION: PROJECT: Conditional Use Permit request to maintain existing use of the site as a daycare facility for up to 91 children APPLICANT/OWNER: May H. Yen 1486 Rancho View Drive Lafayette, CA 94549 LOCATION: 11760 Dublin Boulevard ASSESSOR PARCEL NUMBER: 941-113-3-1 PARCEL SIZE: 28,482 square feet GENERAL PLAN DESIGNATION: Commercial/Industrial - Retail/Office EXISTING ZONING AND LAND USE: Administrative Office (C-0) Three separate buildings, parking area and playgrounds for existing daycare facility SURROUNDING LAND USE AND ZONING: North: C-0 (Professional Offices) South: C-1 (Retail Business) Retail Shopping Center (across Dublin Boulevard) East: C-0/Professional Offices West: C-0 and PD (Planned Development)/ Professional Offices and Residential ZONING HISTORY: January 26, 1977: Alameda County approved a Conditional Use Permit (C- 3177) to allow a nursery school for up to 40 children. December 13, 1978: Alameda County approved a Conditional Use Permit (C-3493) to expand the nursery school for up to 95 and add a modular classroom. This permit approval expired on December 1983. COPIES TO: Applicant a / Owner ITEM NO. File PA 89-027 March 5, 1984: The Dublin Planning Commission approved a Conditional Use Permit to continue operation of the existing preschool/daycare for up to 95 children. This approval expired on March 5, 1989. (The Applicant submitted a request for a new use permit to continue the daycare operation on March 2, 1989). APPLICABLE REGULATIONS: Section 8-46.2 of the Zoning Ordinance requires that a Conditional Use Permit be obtained from the Planning Commission for the establishment of a school when proposed in a C-0 district. Section 8-60.54 requires a solid wall or fence be constructed between a residential and a commercial district. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorically Exempt, Class 1, Section 15301 - Operation of an existing private facility involving no expansion or change of use beyond that which currently exists. NOTIFICATION: Public Notice of the May 15, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: Little Kids Learning Center is requesting approval of a Conditional Use Permit to allow the continued operation of the existing preschool and childcare facility at this Dublin Boulevard site. The City had previously approved this use at this site in 1984 (previous review and approvals occurred from the County in 1977 and 1978). The Applicant has slightly modified the site operation and has discontinued infant care and expanded the care of children up to 7 years in age. With infant care, the State licensing capacity was 95. Under State requirements the maximum number of children for this site with care for 2-7 year olds is 91. -2- The Applicant's use involves a childcare operation for up to a maximum of 91 children between the ages of 2-7 years. A total of five full time and seven part time instructors and one administrator staff the facility. The use occupies three buildings (4000+ square feet of floor area) on the site plus two on-site fenced play yard areas. Typical hours of operation are 7:00 a.m. to 6:00 p.m., with occassional evening parent or staff meetings. Parking as well as the drop off and pick up of children attending the center will occur on-site. Minor site modifications made in 1984 by the Applicant were installing frontage improvements (curb, gutter, sidewalk), drainage system, landscaping and fencing of play area and property line fencing. The site contains a total of 8 parking spaces. A circular on-site driveway provides area for short-term drop off/pick up of children. Staff has supported previous Conditional Use Permit applications for this type of use as being an appropriate utilization of the site. During the operation of Little Kids Learning Center, the City has not received any complaints nor zoning violations (other than signs). The Applicant has main- tained valid appropriate State licenses and reviews as is also required. Staff is recommending that the use permit be approved with a five-year time limit. The proposed continued operation of the school has been reviewed by other agencies (including the State Department of Social Services - Community Care Licensing) and conditions of approval have been included in the draft resolution. 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) Adopt Resolution regarding the Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the attached Resolution (Exhibit A) approving Conditional Use Permit application PA 89-027. ATTACHMENTS: Exhibit A: Resolution approving Conditional Use Permit for PA 89-027 Exhibit B: Site Plan Exhibit C: Floor Plan Background Attachments: Attachment 1: Location Map Attachment 2: Applicant's Statement Attachment 3: Previous Resolution of Approval 84-11 Attachment 4: Zoning Investigator sign letter dated April 30, 1987. -3- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-027 LITTLE KIDS LEARNING CENTER CONDITIONAL USE PERMIT TO CONTINUE OPERATION OF A PRESCHOOL/DAYCARE AT 11760 DUBLIN BOULEVARD WHEREAS, May H. Yen, representing Little Kids Learning Center filed an application for a Conditional Use Permit to allow continued operation of a preschool/childcare facility at 11760 Dublin Boulevard. WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 15, 1989; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be categorically exempt; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the proposed land use is conditionally approved, is appropriate for the subject property in terms of being compatible to existing land uses in the area and will not adversely affect public facilities, nor overburden public services; and NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: a) The continued operation of a 91 child preschool and daycare facility serves the public need by providing in part for an existing and growing need for childcare facilities. b) The use will be properly related to other land uses, transportation and service facilities in the vicinity as daytime activities will be commensurate with present use of properties in the neighborhood and transportation and service facilities are in the immediate vicinity. c) The use, if permitted, under all the circumstances and conditions of this particular case will not materially adversely affect the health or safety of persons residing or working in the vicinity, or be materially detriomental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met. d) The use will not be contrary to the specific intent clauses or performance standards established for the district in which it is located. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby conditionally approve PA 89-027 Little Kids Learning Center preschool/childcare facility as shown on Exhibit B and C subject to the following conditions: 1) The maximum number of children present at the school at any one time shall not exceed 91. 2) All school activities shall be restricted to the following days and hours of operation: Monday through Friday, 7:00 a.m. to 6:00 p.m. with the exception of occasional evening meetings. Bait 1A. H H trJ H ro F- w F' Oq n 0 r• w m H- O c� w r• tt ro cD n w 0 o rn a m cn V) H � ro ro 0 C txj r7 z 0 a t7 O ro H t3i t7 rt .w, Fl- En H' In rt a c 0 F-h F- 1.0 00 W y w rt F-+ O w rt P+ rt F-` (D F-h (D w w w rt P• tt w t7 rt P- o W m (1) PP- � F_h m P O (D $ �O w w .P ti ri ro P' tt N P' H• G3' w t-h p p H- ((DD (D w Ft1 rt � rt O �O Ct n G Ft (D ro (D r• r-' w �i m tC w n Oo O (D ro j5(D N N w H. 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Attachment I PASq-oay F. tecz. \._ocoeuor, 1.4AF' •VLLA4a PARKWAY F Ego To VIAL'qui- C2EEK j To SAM Jose 5YoNERI DaE 5HoppliJ6 R/Lion/AL n GeNTER • • SAV 24M.*1 BLVD j FooT'r-ItLL BLUR O a �onl LAN way 0 LITTLE 14/P5 LeA2tvI1.:c: CEN1-E2 11760 Pt+SLtu BWD 141-i1373-I110 o ? V HAr4SEh1 Dtziv • ro LAID LDCAT►o r.1 MAID • R E c >_, i x.E,D MAR 02 1989 Attachment DUBLIN PLANNING �1 Z e f Z•-• Written Statement The following statement is given to support the application for the renewal of the conditional use permit for the Preschool/Day Care Center at 11760 Dublin Blvd. (Little Kids Learning Center) • A conditional use permit was granted to Chiang C.Yen by the City of Dublin on March 5, 1984,to operate a Preschool/Day Care Center at 11760 Dublin Blvd. In order to meet the requirements from the Planning Department of the City of Dublin, curbs and sidewalks were built in front of the Center, additional paved parking spaces were provided, a drainage system was installed, and additional landscaping was added. No physical changes have been made on the property since 1984,except a 6 foot high redwood fence that was installed along the north and west sides of the property. The Preschool/Day Care Center is currently licensed for 95 children, ages 2 to 7, by the Social Department of the State of California. It operates from 6:45 am to 6:00 pm, Monday through Friday. There are five full time teachers and seven part time teachers working under the supervision of the Director of the Center. The Center consists of three buildings which are located within a 94 by 303 foot lot. The building sizes from front to back are 1800, 400, and 1800 square feet respectively. They are equipped with an adequate number of toilets and wash basins as specified by the State Licensing Department. There are two playgrounds located within the premise of the Center. Adequate playground equipment, such as swings, slides, rocking horses, jungle gyms, sand boxes, basketball hoops, and tricycles are provided in each playground. Our Preschool/Day Care Center is well used by our Community since most of our children are from the Dublin,Pleasanton, Livermore, and San Ramon areas. We have provided our children with a pleasant, and comfortable environment during their development ages. Our parents are pleased with the Center and are supportive of the renewal of our conditional use permit. The granting of the permit will be greatly appreciated. RECEIVED Attachment MAR 02 1989 `t� DUBLIN PLANNING P1IFS9-0-)-7 RESOLUTION NO. 84-11 • A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 84-003 CHIANG YEN'S (LITTLE KID'S LEARNING CENTER) RENEWAL OF A CONDITIONAL USE PERMIT TO OPERATE A DAYCARE AND PRESCHOOL FACILITY WHEREAS, Chiang Yen, owner of Little Kid's Learning Center, filed an applicaton for a renewal of a Conditional Use Permit to operate a daycare and preschool facility at 11760 Dublin Blvd.; and, WHEREAS, the P anning Commission did hold a public hearing on said applica on on March 5, 1984; and, WHEREAS, proper notice of said public hearing was given in all respects as required by law; and, WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and, WHEREAS, a Staff Report was submitted recommending the application be conditionally approved; and, WHEREAS, the Planning Commission did hear and consider all said reports, recommendations, and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find that: 1. The use is required by the public need to provide daycare and preschool facility for working parents.; 2. The use will be properly related to other land uses, and transportation and service facilities in the vicinity, as daytime activities will be commensurate with present use of properties in the neighborhood; 3. The use, if permitted, under all the circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing or working jn the vicinity, or be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met; 4. The use will not be contrary to the specific intent clauses for performance standards established for the District in which it is to be located, as a preschool , with limited impacts, is consistent with the character of the C-0 District. BE IT FURTHER RESOLVED that the Planning Commission does hereby conditionally approve said application as shown by materials labelled Exhibit "A", on file with the Dublin Planning Department, subject to the following conditions: 1. The applicant shall install curb, gutter, sidewalk, and conform paving per the direction of the City Engineer. A performance and warranty bond shall be submitted to the City Engineer in 30 days, and the improvements installed in 120 days. 2. A topographic map, indicating direction of drainage, shall be submitted, and subject to the approval of the City Engineer. Proper provisions shall be made for handling storm water runoff. 3. All parking areas shall be paved and drained in a manner approved by the City Engineer. r a� Attachment 3 f iE DP 83-20 PI Icf J Jro w� 4 . A landscaping plan, incorporating 15-gallon trees planted 25 ' on-center, for that portion of the west property line that abut the Planned Development District, shall be submitted to and approved by the Planning Department. The applicant shall remove the ivy from the two trees along the Dublin Blvd. frontage and maintain the ivy at ground level . 5 . Landscaping and fencing along the north and east property line shall be subject to review when the adjacent properties develop. 6 . This renewal shall be valid until March 5, 1989 , and is subject to revocation for cause in accordance with Section 8-90 .3 of the Zoning Ordinance . PASSED, APPROVED AND ADOPTED this 5th day of March, 1984 . AYES : 5 NOES : 0 ABSENT: 0 Planning Co issi n Chai ' an ATT ST: T Planning Director E cepy L. Aflachrnent 70A v DP 83-20 Lam,-OF Db"� �. .. y 1 �-\�82 CITY OF DUBLIN 19 V �az P.O.Box 2340 DUBLIN,CALIFORNIA 94568 CITY OFFICES April 30, 1987 6500 DUBLIN BLVD. ADMINISTRATION 829-4600 - CERTIFIED MAIL BUILDING INSPECTION Little Kids Learning Center 829-0822 11760 Dublin Boulevard Dublin, CA 94568 CITY COUNCIL 829-4600 RE: ILLEGAL SIGN AT 11760 DUBLIN BOULEVARD IN A C-0, ADMINISTRATIVE OFFICE, DISTRICT CODE ENFORCEMENT Dear Tenant/Owner: 829-0822 A sign survey made September 4, 1986, revealed a 3'x8' ENGINEERING sign attached to a fence at the above address. 829-4927 Section 8-22.10.3 of Ordinance 74-1, states a sign attached to a fence shall be considered a freestanding sign. Section 8-46.7 permitted wall FINANCE signs only in a C-0 Zoning District, no freestanding signs. I 829-6226 Therefore, your sign on the fence is considered a freestanding sicn PLANNING which is not permitted in this district. 829-4916 Section 8-87.74(a) of Ordinance 7-86 states, "any signs and their POLICE supporting members erected without first complying with all ordinances 829-0566 and regulations in effect at the time of their construction, erecticn or use shall be considered illegal signs and shall be subject t� summary removal." PUBLIC WORKS 829-4927 The sign is required to be removed by May 30, 1987. RECREATION Your cooperation is appreciated. If you have any questions, please 829-4932 feel free to contact me at 829-0822. Sincerely, '44- Juanita Stagner Zoning Investigator JS/cf Attachments: Sect. S-22.10.3 Ord. 74-1 Sect. 8-46.7 Ord. 74-1 Sect. 8 S7.74(a) Ord. 7-86 Atbdutlent cc: Sign Amortization File 1985 Yen Family Trust • CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: May 15, 1989 TO: Planning Commission FROM: Planning Staff REPORT PREPARED BY: Maureen O'Halloran, Senior Planner I,�A """'k SUBJECT: PA 89-014.2 Rainbow Investment Erik's DeliCafe Outdoor Seating Conditional Use Permit GENERAL INFORMATION: PROJECT: A Conditional Use Permit request to allow outdoor seating at an existing restaurant at 7603 Amador Valley Boulevard APPLICANT/PROPERTY OWNER: Robert Glockner Rainbow Investments 690 Industrial Road San Carlos, CA 94070 LOCATION: 7603 Amador Valley Boulevard ASSESSOR PARCEL NUMBER: 941-173-1-6 PARCEL SIZE: 1.3 acres GENERAL PLAN DESIGNATION: Retail/Office EXISTING ZONING AND LAND USE: PD - Planned Development DeliCafe, Real Estate Office SURROUNDING LAND USE AND ZONING: North: DRFA Fire Station R-2-D-20 (Suburban Residence Combining District) South: Amador Valley Boulevard - Dublin Library C-1 (Retail Business District) East: Multi-Family Residential R-3-D-3 (Suburban Residential Combining District) West: Multi-Family Residential R-2-D-20 (Suburban Residential Combining District) ZONING HISTORY: 1965: Initial Site Development for Salinas Valley Savings, single-story 1750+ square foot plus two 14-space parking areas. May 1972: A 750+ square foot drive through bank window service was added on the north side of the building. One-way drive aisle added between the two previously developed parking areas COPIES TO: Applicant/Owner Mike Wyant ITEM NO. . 2 PA 89-014.2 October 1973: A 1,000 square foot building was added on the east side of the site connecting to the existing building by a covered patio area. An additional 20 parking spaces were also added off of Donahue Drive. PA 83-017: On May 26, 1983, the Planning Director approved adding a new sign to the existing freestanding sign and reducing the sign height to 17'-0" maximum for Great Western Savings & Loan Association. PA 87-076: On September 14, 1987, the City Council approved a rezoning request from C-0 (Commercial Office) to PD (Planned Development) allowing a general range of C-1 Retail Business District uses with certain conditions. PA 88-005: In January 1988, Site Development Review request filed for two new retail buildings (10,740 square feet). Application withdrawn. PA 88-103: On November 7, 1988, the Planning Commission approved Conditional Use Permit for a 1705 square foot restaurant (Erik's DeliCafe). PA 89-005: On January 13, 1989, Staff approved an Administrative Conditional Use Permit for a promotional banner for Century 21. PA 89-006: Site Development Review Sign Application for Century 21 was withdrawn February 27, 1989. PA 89-010: On January 19, 1989, Staff approved an Administrative Conditional Use Permit for a grand opening promotional banner for Erik's DeliCafe. PA 89-014.1: Rainbow Investment Site Development Review application to construct three additional buildings totaling 9,197 square feet for office retail use and a Sign Program is PA 89-019: On April 18, 1989, Staff approved a Site Development Review for a fascia modification and signage for Century 21 and Erik's DeliCafe. PA 89-030: On March 20, 1989, Staff approved an Administrative Conditional Use Permit for a 30-day promotional banner for Erik's DeliCafe. APPLICABLE REGULATIONS: City Council Resolution No. 74-87 General Provisions for PD, Planned Development PA 87-076 requires approval, of a Conditional Use Permit to establish a restaurant. Section 8-94.0 states that conditional uses must be analyzed to determine: 1) whether or not the use is required by the public need; 2) whether or not the use will be properly related to other land uses, transportation and service facilities in the vicinity; 3) whether or not the use will materially affect the health or safety of persons residing or working in the vicinity; and 4) whether or not the use will be contrary to the specific intent clauses or peformance standards established for the district in which it is located. Section 8-94.4 states the approval of a Conditional Use Permit may be valid only for a specified term, and may be made contingent upon the acceptance and observance of specified conditions, including but not limited to the following matters: a) substantial conformity to approved plans and drawings; b) limitations on time of day for the conduct of specified activities; c) time period within which the approval shall be exercised and the proposed use brought into existence, failing which, the approval shall lapse and be void; -2- d) guarantees as to compliance with the terms of the approval, including the posting of bond; e) compliance with requirements of other departments of the City/County Government. ENVIRONMENTAL REVIEW: Categorical Exemption, Class 1(e) NOTIFICATION: Public Notice of the May 15, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. ANALYSIS: The Applicant is requesting approval of a Conditional Use Permit to allow the establishment of an outdoor seating area for the existing restaurant (Erik's DeliCafe) at 7603 Amador Valley Boulevard. The Planning Commission approved the existing restaurant use on November 7, 1988, as a conditional use consistent with the Planned Development General Provisions. The Applicant proposers to expand the previous Conditional Use Permit to include an approximate 360 square foot outdoor eating/seating area with 16 seats. The outdoor eating/seating area is proposed adjacent to the west side of the existing restaurant on an existing patio area. The Site Development Review application (PA 89-014. 1) currently under review proposes a 3 foot tall wall enclosure around the patio area, in addition to three new buildings totaling approximately 9, 197 square feet of floor area. The Site Development Review application is subject to Staff review and approval pending submittal of plan corrections from the Applicant. The primary planning issues associated with an outdoor restaurant use include parking, noise and trash. Parking The site currently contains 31 on-site parking spaces. Based upon the current uses occupying the existing building (restaurant and real estate office) 20 parking spaces are required. The vacant tenant space (adjacent to Erik's DeliCafe) would require 3 or 4 parking spaces depending upon whether the use is a retail or office use. The addition of the proposed outdoor seating area requires 6 parking spaces. The existing on-site parking and the proposed and existing uses on-site are in compliance with the City' s parking requirement. The following chart is a summary of parking requirements for the site: Rainbow Investment Parking Requirements Ordinance Parking Ratio Required Existing Use Sq.Ft. (based on use) Parking Parking Existing Restaurant 912 1/60 sq. ft. 15 Indoor 60 Seats (restaurant) Proposed Outdoor 360 1/60 sq. ft. 6 Restaurant 16 Seats (restaurant) Existing Real Estate 1200 1/250 sq. ft. 5 Office (office) Vacant Tenant Space 930 1/250 sq. ft. 4 (office) or or 3 1/300 sq. ft. (retail) TOTAL 3402 30 or 29 31 -3- Noise Noise generated by the proposed outdoor use is not anticipated to be significant as conditions are included in the Draft Resolution of Approval prohibiting loud speakers and amplified music outside of the building and restricting delivery hours. Trash The Draft Resolution of Approval includes a condition requiring a minimum of two trash receptacles within the outdoor patio area and requiring the Applicant to maintain the site in a litter free condition. The proposed project has been reviewed by the applicable public agencies and City departments. The project is consistent with the PD zoning district and General Plan land use designation. 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) Adopt Resolution relating to PA 89-014.2 Rainbow Investment/ Erik's DeliCafe Conditional Use Permit, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends the Planning Commission adopt the Resolution approving the Conditional Use Permit for PA 89.014.2. ATTACHMENTS: Exhibit A: Site Plan /Floor Plan Exhibit B: Conditional Use Permit Resolution Attachment 1: Location Map -4- --b it. T -- d , NOR TH -- Z--- d / • _.BLOQ.:_.. . • `y-o w'-d. i le ao.e. 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RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN APPROVING PA 89-014.2 RAINBOW INVESTMENT ERIK'S DELICAFE CONDITIONAL USE PERMIT REQUEST TO EXPAND THE EXISTING RESTAURANT USE TO INCLUDE A 360 SQUARE FOOT (16 SEAT) OUTDOOR SEATING/EATING AREA AT 7603 AMADOR VALLEY BOULEVARD WHEREAS, Robert Glockner, Rainbow Investments filed an application for a Conditional Use Permit to expand the existing restaurant use to include a 360 square foot outdoor seating/eating area at 7603 Amador Valley Boulevard; and WHEREAS, the Planning Commision approved the Conditional Use Permit for the existing restaurant use on November 7, 1988; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission held a public hearing to consider the proposed use expansion on May 15, 1989; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be categorically exempt; and WHEREAS, the Staff Report was submitted recommending that the application be conditionally approved; and WHEREAS, the Planning Commission heard and consider all said reports, recommendations and testimony hereinabove set forth. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby find: a. The use is required by the public need in that it provides a restaurant use (DeliCafe) and outdoor seating/eating area available to serve the community and neighborhood. b. The use will be properly related to other land uses and transportation and service facilities in the vicinity, in that the outdoor seating is a minor expansion of existing restaurant use and is commensurate with the present use of surrounding properties in the neighborhood. c. The use, if permitted under all circumstances and conditions of this particular case, will not materially affect adversely the health or safety of persons residing_or_working in the vicinity or be materailly detrimental to the public welfare or injurious to property or improvements in the area, as all applicable regulations will be met. d. The use will not be contrary to the specific intent clause or performance standards established for the district in which it is to be located, in that the use is consistent with the PD, Planned Development District General Provisions and General Plan land use designation for the site on which the project is located. BE IT FURTHER RESOLVED THAT THE Dublin Planning Commission does hereby approve PA 89-014.2 Conditional Use Permit as shown on Exhibit A and subject to the following conditions: CONDITIONS OF APPROVAL: Unless otherwise specified, the following conditions shall be complied with prior to issuance of building permits or establishment of use. Each item is subject to review and approval by the Planning Department unless otherwise specified. DfOc(' ReSo PAirfreq ,Z Igigi• Deaat cur 1. This approval is for a 1750+ sq. ft. (60+ seats) indoor restaurant use and 360 sq. ft. (16 seat) outdoor seating/dining patio area. 2. This approval supersedes Planning Commission Resolution No. 88-060, PA 88-l03 Erik's DeliCafe Conditional Use Permit. - — 3. The use shall generally conform to the interior floor plan submitted with the application for PA 88-103 dated received October 8, 1988 and the exterior floor plan (outdoor seating) submitted with this application dated received March 16, 1989, Exhibit A on file with the Dublin Planning Department and subject to conditions of approval. 4. With exception of the outdoor seating facility, all demonstrations, displays, services, and other activities shall be conducted entirely within the structures on the site, unless subsequently approved on a temporary basis through the Administrative Conditional Use Permit process. 5. No loud speakers or amplified music shall be permitted outside the enclosed building. 6. The Restaurant Owner/Applicant/Property Owner shall provide at least two trash receptacles within the outdoor patio dining area, and shall maintain the site in a litter free condition. The Applicant shall be responsible for cleaning up and disposing of the restaurant generated trash and litter on-site and off-site within the neighborhood. 7. The Restaurant Owner/Applicant/Property Owner shall adequately secure all tables and chairs located within the patio area during the hours when the restaurant business is closed, subject to review and approval of the Planning Department and Police Department. 8. Any new signs proposed to be established for this use shall be in conformance to the City's Sign Ordinance and shall be subject to review and approval by the Planning Director. Temporary signs indicating special promotional events shall not be located on this site unless the necessary Conditional Use Permit or Administrative Conditional Use Permit has been processed and approved covering such signage. 9. The Applicant shall not allow any nuisance to be maintained or conducted on the premises. All deliveries shall occur between 7:30 a.m. and 6:00 p.m. 10. The Applicant shall comply with all requirements of the Dublin Building Department. 11. This Conditional Use Permit approval shall be valid for a period of two (2) years until May 25, 1991, at which time the Applicant may request an admini- strative extension for an additional two (2) years from the Planning Director provided such written request is made prior to the permit expiration date. 12. This permit shall be revocable for cause in accordance with Section 8- 90.7 of the Dublin Zoning Ordinance. Non-compliance of any provisions of the above conditions shall be cause for the initiation of hearings before the Planning Commission to determine whether cause is present to revoke this permit. PASSED, APPROVED AND ADOPTED this 15th day of May, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director 2- — - ,'..-1 - .:.:_.:17.1-1•;, 1 ts . - —117.. --—- .-- --7 --- - --L- ----- • 1 1-• - i -' • '4 .. :Lii• i •. rrr_r1 lc-- ,,,,,,----- 0 \ %_..,) \------ ".•:'. -ITT At-i 7-7--__ _ _--- ' --'- s\ , .. .1._).i._ :-...;,-._,.... 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CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: May 15, 1989 TO: Planning Commissionssioj FROM: Planning Staff` SUBJECT: PA 89-041 Villages Planned Development Rezoning GENERAL INFORMATION: PROJECT: Planned Development Rezoning request to modify Condition #47 of the Planned Development approving the Villages (PA 85-041.1) APPLICANT/PROPERTY OWNER: Rafanelli & Nahas Attn: Ronald Nahas 20211 Patio Drive, Suite 215 Castro Valley, CA 94546 LOCATION: The Villages at Alamo Creek Dougherty Road, Alameda County/Contra Costa County lines and Amador Valley Boulevard ASSESSOR PARCEL NUMBER: 941-2781, 2782, 2783, 2784-all GENERAL PLAN DESIGNATION: Medium-Density Residential EXISTING ZONING AND LAND USE: PD, Planned Development District containing single-family and multi-family residential uses SURROUNDING LAND USE AND ZONING: North: Vacant, City of San Ramon South: Apartment Complex, PD for Residential Uses East: Parks Military Training Reserve West: Open Space, PD/Planned Development District ZONING HISTORY: The original 135+ acre holding was rezoned from an A, Agricultural District, to the R-1-B-5, Single Family Residential-Combining District, and the C-N, Neighborhood Business District, by Zoning Unit 638, approved by the Alameda County Board of Supervisors on December 5, 1964. The zoning designation R-1-B-5 was subsequently relettered to an R-1-B-E designation. COPIES TO: Applicant Owner ITEM NO. • File PA 89-041 • On April 15, 1985, the Planning Commission granted approval for a four-parcel minor subdivision under Tentative Parcel Map 4575. The parcel split was requested to facilitate a purchase option agreement the Applicant (Rafanelli & Nahas Real Estate Development) had with the original property owner. On March 24, 1986, the City Council granted approval for the PD, Planned Development District (PA 85-041.1) and Tentative Map (PA 85- 041.2) applications for the 1,165-unit Villages at Alamo Creek project. There are seven residential Villages under separate applications and in various stages as follows: PA 87-025, Village 1: A Site Development Review approval for 56 apartment condominiums was granted on July 20, 1987. The project is now under construction. PA 86-127, Village 2: A Site Development Review approval for 248 apartment condominiums was granted on May 18, 1987. The project is complete and occupied. PA 85-041.1 & .2, Village 3: The Planned Development Rezoning and Tentative Map provides for 216 apartment condominium units. To date, no Site Development Review application has been submitted for Village 3. PA 88-025.1 and .2, Village 4: Conditional Use Permit and Site Development Review approval for a 135 unit apartment condominium project was granted on August 15, 1988. The Applicant has not applied for building permits. PA 88-051, Village 5: A Site Development Review approval for 204 apartment condominiums was granted on November 2, 1988. PA 86-086 Village 6: A Site Development Review approval for 145 single family residential units was granted September 15, 1986. Project construction is complete except for the three homes on the last three lots. PA 86-134 and PA 87-101, Village 7: A Conditional Use Permit for a revised Tentative Map was approved on May 28, 1987. A Site Development Review approval for 139 condominium units was granted on July 20, 1987. The project is currently under construction. PA 88-003: On April 18, 1988, the Planning Commission approved a Conditional Use Permit/Variance request for a Sign Program containing three directional tract signs (all of which exceed allowed copy square footage restriction and two of which exceed height restrictions). PA 88-091: On November 21, 1988, the Planning Commission approved a Conditional Use Permit request to modify existing Condition #46c and #53 of PA 85-041.1, and a request for an extension of Tentative Tract Map 5511 (approved by PA 85-041.2). APPLICABLE REGULATIONS: Condition of Approval No. 76 of City Council Resolution No. 31-86 (approving and establishing Findings and General Provisions for a Planned Development (PD) Rezoning concerning PA 85-041.1, Villages at Alamo Creek) states in part the following: "The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Conditional Use Permit review process or, depending on the magnitude of the modification, submittal of a new Planned Development Rezoning submittal." Section 8-30.0 of the Dublin Zoning Ordinance (Planned Development Districts) states the Intent of PD Districts: Planned Development Districts, hereinafter designed 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: -2- � n a) Be in accord with the Policies of the General Plan of the City of Dublin. b) Provide efficient use of the land that includes preservation of significant open areas and natural and topographic landscape features with minimum alteration of natural land forms. c) Provide an environment that will encourage the use of common open areas for neighborhood or community activities and other amenities. d) Be compatible with and enhance the development of the general area. e) Create an attractive, efficient and safe environment. Section 8-31.2 (Change in Zoning District Required) states "The provisions of this Article shall become applicable to any given development only upon change in Zoning District to a Planned Development District, in accordance with the provision of Article 8 (Procedures) of this Chapter, with the following exceptions to the provisions of said Article 8: a) 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 this Article. b) Any change in zoning district accomplished in accordance with this article is subject to review by the Planning Commission at the expiration of two (2) years from the effective date of said change, if during the two (2) year period construction, in accordance with the approved plan is not commenced, or if the approved staging plan has not been followed. At the conclusion of the review by the Planning Commission, the Planning Commission may recommend to the City Council that: the lands affected by the Planned Development District be rezoned from the Planned Development District. Said hearings by the Planning Commission and the City Council shall be in accordance with the provisions of this Chapter. c) A Planned Development District shall be established by the adoption of an Ordinance by the City Council reclassifying the described property to a Planned Development District and adopting by reference, a Land Use and Development Plan, the provisions of which shall constitute the regulations for the use, improvement and maintenance of the property within the boundaries of the plan." EN IRONMENTAL_REVIEW: A mitigated Negative Declaration of Environmental Significance has been previously adopted for the original Planned Development Rezoning for the Villages (City Council Resolution No. 30-86). The requested change to Condition#47 meets the intent of the _ original Mitigated Negative Declaration. Therefore, this project has been found to be Categorically Exempt from CEQA under Section 15305, Class 5 of the California Environmental Quality Act Guidelines. NOTIFICATION: Public Notice of the May 15, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. BACKGROUND: On March 24, 1986, the City Council granted approval of the Planned Development District (PA 85-041.1) for the 1165+ unit Villages at ALamo Creek project. The Planned Development Rezoning (approved by City Council Resolution No. 31-86 shown as Attachment 1) establishes development criteria for the ultimate construction of the Village projects. -3- d e On November 21, 1988, the Planning Commission granted Conditional Use Permit approval to modify existing Conditions #46c and #53 of PA 85-041. For your information, the resolution granting the approval (88-068) is included, showing the revised wording (see Attachment 2) . ANALYSIS: The Applicant is requesting the approval to modify Condition #47 of the Planned Development approving the Villages (City Council Resolution No. 31-86). Staff has determined that it is appropriate to consider this request through the Planned Development Rezoning process, to give the City Council an opportunity to make a decision on this issue. The requested change is significant enough to warrant a final action by the City Council through the PD rezoning process. Condition #47 of City Council Resolution 31-86 states the following: Dougherty Road/Dublin Boulevard Intersection The project developer shall pay for construction of a right-hand turn lane, including curb, gutter and signal improvements, together with restriping as necessary, to accommodate a free right-hand turn lane off Dougherty Road and Dublin Boulevard. Improvements shall be complete or, in the event that right-of-way acquisition has not been completed by the City, funds shall be deposited with the City to cover the required improvements prior to occupancy of more than 360 project units. The Applicant would like to replace Condition #47 with the following wording: The developer shall be responsible for installing the underground duct work, vaults, and accessory structures (excluding conductors, transformers, switches or other electrical equipment) as required for the future undergrounding of the P.G.&E. overhead wires on Dougherty Road in the area of the street improvements provided for under Condition #53. Developer shall provide duct work, and pull boxes for future street lights, but no bases or poles. Developer shall stub out ducts for all future services at the property line. Upon completion of duct work street improvements, as provided under Condition #53, all facilities shall be conveyed to the City for use in future undergrounding of wires. The Public Works Director has been informed of this request. He has indicated that the replacement wording is acceptable. He has indicated that since a right- turn lane has already been striped on Dougherty Road at Dublin Boulevard, the intent of the original Condition #47 has been temporarily met. The developer shall still be responsible for the ultimate construction of the right-hand turn lane, including curb, gutter and restripping as necessary. Therefore, mitigating traffic impacts at this intersection by requiring the right-turn lane (as established by the EIR for the Villages) will be satisfied. For information purposes, the Applicant has provided cost estimates associated with Condition #47 (see Attachment #3). Also for information purposes, the Public Works Director has provided a memorandum on cost impacts to the City and Developer regarding Condition #47 (see Attachment #5). Staff recommends that the Planning Commission approve this request and forward it to the City Council for consideration. 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) Adopt Resolution recommending that the City Council approve the Planned Development Rezoning modification request for PA 89-041, or give Staff and Applicant direction and continue the matter. ACTION: Staff recommends that the Planning Commission adopt the Resolution recommending that the City Council approve the Planned Development Rezoning request to modify Condition #47 of PA 85-041.1, the original Planned Development approval for the Villages at Alamo Creek. -4- ATTACHMENTS: Exhibit A: Draft Planning Commission Resolution recommending that the City Council approve the Planned Development Rezoning request for PA 89-041. Background Attachments: Attachment 1: City Council Resolution No. 31-86 approving Planned Development Rezoning for the Villages approved March 24, 1986. Attachment 2: Planning Commission Resolution No. 88-068 approving Conditional Use Permit to modify existing Conditions #46c and #53 of PA 85-041.1. Attachment 3: Applicant's cost estimates associated with compliance with Condition #47. Attachment 4: Letter from Applicant to Staff, dated March 29, 1989 requesting modification to Condition of Approval #47 of PA 85-041.1 (City Council Resolution #31-86). Attachment 5: Memorandum from Public Works Director dated May 11, 1989 assessing cost impacts to City and Developer in regards to Condition #47. -5- RESOLUTION NO. 89 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN RECOMMENDING THE CITY COUNCIL ESTABLISH FINDINGS AND PROVISIONS FOR THE APPROVAL OF PA 89-041, VILLAGES AT ALAMO CREEK PLANNED DEVELOPMENT REZONING REQUEST TO MODIFY CONDITION #47 OF PA 85-041.1 (CITY COUNCIL RESOLUTION NO. 31-86) WHEREAS, Ronald Nahas of Rafanelli & Nahas filed an application for a Planned Development Rezoning request to allow modifications to Condition #47 of PA 85-041.1 (City Council Resolution No. 31-86), the Planned Development approving the Villages at Alamo Creek project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and WHEREAS, the Planning Commission did hold a public hearing on said application on May 15, 1989; and WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act (CEQA) and has been found to be Categoricallly Exempt; and WHEREAS, the Staff Report was submitted recommending that the Planning Commission recommend that the City Council conditionally approve modifications to Condition #47 of PA 85-041.1 (City Council Resolution No. 31-86); and WHEREAS, the Planning Commission did hear and consider all said reports, recommendations and testimony hereinabove set forth; and WHEREAS, the modifications are appropriate for the subject project, compatible to existing land uses and facilities in the area and will not adversely affect public facilities. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission does hereby recommend that the City Council approve the Planned Development Rezoning modification request subject to the following conditions: 1. This approval allows modifications to Condition #47 of PA 85-041.1 (City Council Resolution No. 31-86) as follows: Condition #47. The developer shall be responsible for installing the underground duct work, vaults, and accessory structures (excluding conductors, transformers, switches or other electrical equipment) as required for the future undergrounding of the P.G. E. overhead wires on Dougherty Road in the area of the street improvements provided for under Condition #53. Developer shall provide duct work and pull boxes for future street lights, but no bases or poles. Developer shall stub out ducts for all future services at the property line. Upon completion of duct work and street improvements, as provided under Condition #53, all facilities shall be conveyed to the City for use in future undergrounding of wires. 2. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 15th day of May, 1989. AYES: NOES: ABSENT: Planning Commission Chairperson ATTEST: Planning Director E (IIIBIT RESOLUTION NO. 31-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND ESTABLISHING FINDINGS AND GENERAL PROVISIONS FOR A PLANNED DEVELOPMENT (PD) REZONING CONCERNING PA 85-041.1 VILLAGES AT ALAMO CREEK - RAFANELLI AND NAHAS REAL ESTATE DEVELOPMENT WHEREAS, Rafanelli and Nahas Real Estate Development is requesting the City rezone approximately 135 acres lying in the northeast corner of the City, to a Planned Development (PD) District for a planned residential/ commercial development of 1,165 dwelling units (including 1,019 multiple family residential units and 146 lots for future development of single family residential detached units), a five-plus acre neighborhood park site, a 9,000+ square foot commercial site for future development as a convenience store, and common open space parcels; and WHEREAS, the Planning Commission did review the project at a series of public hearings beginning with a noticed public hearing on February 18, 1986, and concluding with a public hearing on March 17, 1986, at which time the Planning Commission adopted Resolution No. 86-014 recommending approval of the Planned Development (PD) Rezoning request, PA 85-041.1; and WHEREAS, proper notice of this request was given in all respects _as required by law for the Planning Commission hearings and the March 24, 1986, City Council public hearing; and WHEREAS, the Staff Report was submitted recommending that the application be approved subject to conditions prepared by Staff and reflected in Planning Commission Resolution No. 86-014; and WHEREAS, the City Council did hear and consider all said reports, recommendations and testimony as herein set forth; and WHEREAS, the City Council reversed with the Planning Commission's recommendations regarding the proposed residential product type and density of Village VII, determining that retention of the proposed Multiple Family Residential, 12.75_ dwelling units per Gross Residential Acre Development Standard for Village VII, when considered in conjunction with the proposed 146-lot Single Family Residential development proposed in Village VI, was not in conflict with the City's General Plan Policy Guidelines that call for the avoidance of economic segregation by City sector, and specifically call for some of the units approved in the subject property to be single family residential-detached units; and WHEREAS, pursuant to State and City environmental regulations, a Mitigated Negative Declaration of Environmental Significance has been previously adopted for the Rezoning and Tentative Map requests (City Council Resolution No. 30-86); and WHEREAS, the City Council finds that the proposed rezoning, as modified, is consistent with the City General Plan and Policies; and WHEREAS, the City Council finds that the proposed rezoning will not have a significant environmental impact; and WHEREAS, the rezoning, as modified, is appropriate for the subjec'` 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; MIACUMENT / �. NOW, THEREFORE, BE IT RESOLVED THAT THE City Council hereby approves the Planned Development (PD) Rezoning request PA 85-041.1 subject to • the following Conditions of Approval. CONDITIONS OF APPROVAL PA 85-041.1 GENERAL PROVISIONS 1. This approval is for a mixed use planned residential-commercial development of single family and multiple family dwelling units and as a small convenience store. Development shall be generally consistent with the following submittals, modified to conform with Conditions of Approval outlined below. Unit Counts in the respective Villages may vary from the numbers initially proposed by a maximum of 5%, as long as the unit total does not exceed the aggregate total indicated by the referenced plan submittals. A. Revised Illustrative Development Plan - Composite Plan - Proposed by Anthony M. Guzzardo and Associates, Inc. , dated received February 3, 1986. B. The Villages at Alamo Creek Tentative Man - Prepared by Tetrad Engineering, Inc. , dated received July 31, 1985. C. The Villages at Alamo Creek - Villages 1-5 - Preliminary Floor Plans and Building Elevations, consisting of 12 sheets, prepared by Backen, Arrigoni and Ross, Inc. , dated received July 31, 1985. D. Alamo Creek: Village VI - Dublin, CA - Preliminary Site Plan and Building Elevations, consisting of four sheets, prepared by Aram, Bassenian and Associates, Inc. , dated received January 27, 1986. E. The Villages at Alamo Creek - Landscape Plan - Typical Unit Cluster and Recreation Center, Schematic Park Plans and Site Sections - Consisting of five sheets, prepared by Anthony M. Guzzardo and Associates, Inc. , dated June 14, 1985. F. Proposed Alamo Creek Improvements, Amador Valley Boulevard to Contra Costa County Line - Consisting of six sheets, prepared by Bissell and Karn, Inc. , dated received May 23, 1985. G. Alamo Creek - Village I Convenience Store Study Schematic Site Plan and Building Elevations, Dublin CA - Prepared by Backen, Arrigani and Ross, Inc. , dated received August 2, 1985, as modified by the submittal entitled, The Villages at Alamo Creek - Village I - Revised Site Plan dated received February 25, 1986. H. Village VII - Flood Control Maintenance Road Emergency Fire Access - Consisting of a single sheet; prepared by Anthony M. Guzzardo and Associates, Inc. , dated received December 11, 1985. I. Cross Sections at Alamo Creek - Consisting of a single sheet, dated received February 6, 1986. J. Preliminary Parking Assignment Plan - Village I - Consisting of a single sheet, dated received December 11, 1985. 2. Site Development Review approval for each phase of this project shall be secured prior to the recordation of the respective Final Maps or the issuance of buildilLg permits. 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) . -2- • 5. Approval of this Planned Development is for two years as is specified in Section 8-31.2(b) of the Zoning Ordinance, or as detailed on an approved - project phasing.schedule. The phasing plan outlined in the applicant's letter dated February 27, 1986, is acceptable in terms of the timeline cited for commencement of construction of the respective residential Villages. The formal project phasing schedule shall elaborate on this letter and detail timing of construction of all major project improvements. 6. If the subject project is not subdivided, as proposed under Subdivision 5511, 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. AIR OUALITY 7. Roadway Improvements The site plan shall be altered to make provision of bus turnouts for future transit plans servicing Dougherty Road and Amador Valley Boulevard. Such turnouts shall be located along the internal loop roads in Villages II, III, IV, and V, or as required by the City Engineer and the local transit authority. 8. Particulate Control A. Significant landscaping shall be provided along project streets, including Dougherty Road frontage and Amador Valley Road, to partially filter particulate matter emanating from those roads. B. 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. C. Construction areas shall be revegetated and hydromulched upon completion of grading operations. Where feasible, hydromulch shall be installed in stages. D. To the extent feasible, phased project construction shall balance cut and fill to avoid off—hauling, or importation of material along roadways. BIOLOGICAL RESOURCES 9. Loss of Major Trees A. Trees identified in the Horticultural Report, prepared by Hort Science, Inc., September 20, 1985, and the tree preservation identification list (Appendix A of these Conditions) shall be preserved and protected. The project shall implement the Tree Preservation Design, Construction, and Maintenance Guidelines contained in the Horticultural Report. Within the creek channel, the applicant shall have the responsibility for implementing these guidelines for a minimum period of one 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. A horticulturalist shall develop a specific preservation plan for preservation of trees identified-as "preserved" and "high probability to preserve" following development of final grading plans. 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. —3— C C. A revegetation plan for the creek shall be prepared and implemented which includes the replanting of native species. The revegetation plan shall 'include provisions to aid new trees during' early years through irrigation, fertilization, deer protection and disease prevention. D. New trees and shrubs shall be planted on both sides of the creek as well as on new embankments to be constructed along the creek. Trees shall be located above the maintenance road per Alameda County Flood Control District Zone 7 specifications. E. 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 8 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. F. 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 planted to be preserved shall be altered. G. 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. H. Supplemental irrigation for trees subject to stress shall be provided. I. Positive drainage away from tree trunks shall be established and water shall not be allowed to stand at the base of the trees. J. Open areas around trees to be preserved shall not be grubbed where grading activities are not required. K. Organic mulch shall be applied and maintained under the trees within the development areas. L. 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 Horticultural Report as A, B, or C and as identified by the tree preservation identification list (Appendix A of these Conditions) as "preserved" or as having a high or medium probability of being preserved. . M. Temporar✓ fences shall be constructed around the trees to be preserved to exclude all equipment from within the drip line. N. All wounds to trees to be preserved shall be repaired promptly, with such repair and pruning to be performed by a qualified arborist. 10. 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: -4- 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 above the maintenance road, together with shrubs and vines to approximate a natural riparian community. 4) Planting of trees on the upslope side of the channel maintenance road. 5) Trees, shrubs and vines may be established from seeds, liner stock or small container stock (one gallon) or hydromulch where feasible. 6) Undertaking of an irrigation program to aid survival of woody plants during the first few summers. Where feasible, fixed irrigation shall be installed. 7) 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. 8) Obtaining the approval of Alameda County Flood Control District for the revegetation plan, which shall be consistent with Flood Control maintenance requirements. 9) 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 year following completion of construction. D. Drop structures shall not exceed a maximum height of two feet and. shall be constructed in a manner the Department of Fish and Game approves. 11. Construction Phase Impacts A. Earth moving shall be undertaken and carried out during the d-ry 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. 12. Long Term Impacts Human use of the riparian corridor and stream channel shall be restricted and, where feasible, fencing erected for this purpose . -5- ENERGY 13. 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. 14. All multi-family 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. 15. Exterior lighting fixtures in multi-family areas shall be energy efficient, fluorescent or metal vapor lighting. 16. Landscape design shall incorporate use of solar shading for south- and west-facing walls in multi-family housing areas. 17. Recreation area pools in the multi-family project 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. • HYDROLOGY AND WATER QUALITY 18. Increased Flows - A. The capacity of the Alamo Creek channel shall be increased sufficiently to meet the future flows both of this project and future buildout of the Alamo Creek drainage (as established by the Hydraulic Analysis of Alamo Creek, Alameda and Contra Costa County, prepared by Bissel and Karn, Inc., 1984). B. Drop structures shall be installed as needed to reduce the velocity in Alamo Creek to the 5-7 f.p.s. range and to reduce erosion caused by the existing creek. The drop structures shall conform to the Department of Fish and Game requirements, as follows: Drop structures shall be of a height no greater than two feet, and the area immediately downstream of the drop structure shall be left in a natural state. If a ponded or pooled area of a minimum dimension of two feet deep and six feet out from the drop structures is formed which allows fish to congregate and migrate upstream at peak flows, then a concrete base below the new drop structures may be used. If concrete is not used, then a two foot headwall deeper than the drop structures shall be installed to prevent undercutting. C. Alamo Creek shall be realigned to reduce erosion and severe bends within the channel and to stabilize the existing unstable slides. D. The applicant shall be responsible for the project's proportionate share of the cost of flood control improvements, which are anticipated to be specifically two box culverts, of a size sufficient to accommodate 100-year flood flows, to be installed in the Alamo Creek channel under Amador Valley Boulevard. The project's share of the improvement cost will be calculated based on the project's overall contribution to the incremental increase in the 100-year flood flows to that of the projected upstream increased from future development. E. Six-foot black clad chain link fencing shall be installed by the applicant along both sides of the creek. For that portion of the creek within the proposed neighborhood park, the applicant shall be responsible either to construct the fence along the creek right-of-way, or to contribute an amount in cash equal to the applicant's cost to provide materials and installation, if an alternate design or location for said fencing is established by the City. - -6- it 19. Increased Erosion and Sedimentation A. Grading within-•-Alamo -Creek .shall. -be-•limited, to the period from— ., - April 15 through October 1 of each year. 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 Horticultural Report, The Villages of Alamo Creek, September 20, 1985, prepared by Hort Science, Inc. , and subsequent tree preservation and protection analysis contained in Appendix A of these Conditions. MIICIPAL SERVICES AND FACILITIES 20. Water Supply A. The project shall extend water service from its current location at Stagecoach Road and Amador Valley Boulevard to the project. B. The project shall incorporate all reasonable water conservation measures including water conservation applicances and separate metering of gas for hot water heaters. The project Architect, or Civil Engineer, shall provide a letter to the Planning Director �_ 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. 21. Fire Protection A. All dwelling units within the project shall incorporate smoke detectors and spark arrestors on fireplaces. B. Ongoing provision of fire breaks shall be included in the plans for maintenance of the open space abutting Villages VI and VII. C. Emergency access routes to Villages VI and VII and to the west side of the creek shall be provided from Amador Valley Boulevard via the maintenance road along the west side of Alamo Creek. Emergency access to the site at the north end of Village VI shall be provided at the time of development of the adjacent project to the north in Contra Costa County. Emergency access routes are subject to the approval of the District's fire protection service , D. Fire hyrdants at the locations approved by the DSRSD-Fire Department shall be installed and operable, to the satisfaction of the DSRSD-Fire Department, prior to combustible construction. Provision of raised blue reflectorized pavement markers shall be made in the center of the private vehicle accessways at each fire hydrant. -7- • (. E. 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 within the . multi-family Villages. 22. Police Protection A. Emergency access along the Alamo Creek channel maintenance road to the lands lying west of the creek shall be developed. B. Fencing of a design and location acceptable to the Dublin Police Services shall be provided along the Alamo Creek corridor. C. Provision for a future emergency connection at the north end of Village VI to the adjacent project on the north side of the County line in Contra Costa County shall be made through modification of the lot layout in Village VI and the recordation and pursuit of appropriate complimentary easements between the affected properties. • 23. 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 10.485 acres (0.009 acres/dwelling units x number of dwelling units). The subdivider/developer shall receive 5.0 acres of credit for the parkland dedication. The subdivider/developer shall provide certain improvements to the dedicated parkland. The dedicated parkland and associated improvements shall satisfy the developer's total park dedication requirement. The improvements shall be installed to the City's satisfaction within 30 months of the recordation of the Final Map or issuance of Building Permits. The items to be provided shall be as specified in the Compromise Park Proposal portion of the Memorandum from the City Manager to the City Council regarding Villages Development Park Dedication Proposal dated March 20, 1986, as revised and adopted by the City Council. NOISE 24. Camp Parks A. Noise measurements at the Alamo Creek Villages site determined that relatively simple plywood noise barriers constructed behind the shooting ranges would effectively reduce noise reaching the Alamo Creek Villages site. If, after people move into the subject residential projects, complaints from residents are received by the City of Dublin and/or the United States Army, all reasonable steps by the developer shall be undertaken to assure this mitigation measure is implemented. This mitigation measure is consistent with mitigation measures in the preliminary draft revised EIS which states: "on-site and off-site monitoring will be conducted to define the extent and magnitude of noise levels generated by Parks RFTA activities" and that "the U.S. Army will continue to coordinate with City and County officials regarding land use compatibility in the areas planned for residential development." B. Prospective purchasers or residents of the proposed project shall be supplied with a written document indicating that sound levels of up to 70 dBA may be generated by gunshots at the regional training facility, and explaining when these activities are generally expected to occur. C. The developer shall construct a minimum 8-foot high berm on the east side of Dougherty Road (subject to approval by. the Army) from Amador Valley Road north, a point approximately halfway to the -8- • County Line where this berm will terminate into a natural hill. This earthen berm shall have side slopes flat enough to mow with a , riding. mower., ...,This,,,berm shall•alo„be:hydroseeded with wild flowers and native, low growing plant materials (subject to Army approval). It is understood that this berm is to be constructed from strippings and other excess material from the grading of the subject property. 25. Traffic A. An 8-foot-high sound barrier wall along the project frontage with Dougherty Road shall be developed in conjunction with this project. B. Landscaping along Dougherty Road and Amador Valley Boulevard shall be of a type and planting layout to provide a mature growth pattern which will grow to create a barrier in excess of eight feet high. C. Sound-rated windows (Sound Transmission Class 27) shall be provided for all multi-family dwelling units to reduce traffic noise impacts and to meet Title 24 multi-family housing requirements. D. Prior to issuance of building permits, the developer shall submit the appropriate documentation to demonstrate that all proposed development shall meet or exceed: applicable State noise attenuation requirements. SITE DEVELOPMENT REVIE?v SUBMITTAL 26. Open Space A. Common open space areas for the multiple family residential villages shall be increased to meet a minimum standard of 35 percent for each respective village. Density shall be reduced if necessary in order to increase useable open space within the villages to meet this standard. B. Deck dimensions for multiple family units on second or third floor elevations shall be increased a miminum requirement of seven feet, excluding fencing or railing. C. Private useable open space (patios) for multiple family residential ground level units shall be a minimum of 140 square feet in area. D. Through the Site Development Review process, the developer shall investigate the feasibility of leaving portions of the creek accessible as useable open space in conjunction with a joint use program between the City and Zone 7. E. The recreational facility requirements for Villages VI and VII shall be detailed in the Site Development Review submittal for that Village and shall be addressed with the overall project parkland dedication agreement. F. Pool length shall be increased to 50 feet minimum length in at least two of the six proposed recreation areas. G. The initial Site Development Review shall include submittal of a proposed master trail system which provides for a connection of the pedestrian system and the community park with the regional open space in Dougherty Hills. A linkage of the bikeway to the west part of the park and Villages VI and VII shall also be provided for by this plan. -9- • H. The Site Development Review submittals for the multiple family residential Villages shall define pedestrian ways from assigned parking .spaces. to. respective.individual .muhtiple family dwelling units, and from dwelling units to recreation centers. I. Fences on the upper tier of lots (westerly perimeter) in the single family residential area shall be established at the lower toe of the slope, unless otherwise approved through the Site Development Review process for Village VI. 27. Landscape Design The Site Development Review submittals shall detail a separator landscape strip between the bikeway and the access road along the creek. 28. 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. E. Roofing materials shall be premium-weight asphalt shingles (275- 300 pounds per square), in order to produce additional texture a_1 shadow pattern. 29. The developer shall confer with local postal authorities to determine the type of centralized mail receptacles necessary and provide a lette:: stating their satisfaction at the time the Site Development Review submittal is made. Specific locations for such units shall be to the satisfaction of the Postal Service and -the Dublin Planning Department. If centralized mail units are not required, the developer shall provide written documentation from the Postmaster stating the exemption. 30. At-grade patios for the multiple family residential units 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 maintained left in a "roughed-out"stage until such time as the unit: are put up for individual sale. The layout of the enclosed patio areas (as regards 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 respective Site Develpment Review submittal, 31. The developer's Engineer shall develop the expected truck length and turning radius criteria to use the private streets (fire equipment, delivery, garbage or moving trucks, etc. ) and design the curb radii accordingly and submit this data and design criteria with the Site Development Review application. 32. Wheel stops within the project shall be at the curb at the end of the parking stalls. Parking stalls shall be a minimum depth of seventeen feet for standard-sized stalls and fifteen feet for compact-sized stalls (assuming two-foot overhang for both types of spaces). -10- 33. Special private storage areas of at least 120 cu. ft. per multiple family residential unit shall be provided within or adjacent to each • unit. Details of the location and design of these areas shall be subj'ect to"ieView bnd'`app9Yl't ''Ab Of't'of Site"Development Review - -- submittals. 34. 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 as part of the Site Development Review submittals. 35. 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. 36. 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. 37. 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. 38. 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. 39. 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. 40. To facilitate the development of an interconnection between the proposed creekside pedestrian pathway system and the 90±acre open space area to the west, the cul-de-sac bulb at the terminus of the roadway separating Villages VI and VII shall be moved down slope 50-75 feet to function as a "knuckle" and to allow for an easier slope transition for pedestrian trail access up the slope to the adjoining 90+ acre open space area. Pedestrian access through this area will necessarily traverse the seven + acre remnant open space area that will lie above the day-light zone of the proposed grading for the single family residential development in Village VI. A schematic grading plan for the route of the pathway system connection from the realigned "knuckle" to the adjoining 90-acre open space area shall be submitted as part of the Site Development Review submittals for either Village VI or VII, whichever is the first to be submitted to the City for processing. 41. Signs established at entrances to the respective Villages for project identification purposes shall be subject to review and approval as part of the Site Development Review submittal as regards location, copy and design. 42. The potential design changes called for in Village I (concerning the pursuit of a secondary access point, the adjustment to internal circulation patterns and parking counts, and the impacts to the area resulting from an enlargement and reconfiguration of the adjoining commercial area) shall be reviewed through the Site Development Review application for that Village. The applicant shall pursue a second vehicular connection to serve the units in Village I to improve internal circulation and to allow a diminishment of the distance between the more remote units and their respective assigned parking. The developer shall diligently pursue the necessary approvals to develop access from the south of Village I, through the existing Arroyo Vista Housing Authority project. Failure to secure this preferred secondary access shall not -11- release the applicant from pursuing provision of a secondary access to Village I. In lieu of this access from the south, the applicant shall investigate thg feasibility, pfµproviding .a second access along the Amador Valley Boulevard frontage. Revisions to the site plan layout for Village I shall be made to reduce the distances between available parking and the more remote dwelling units. The amount of parking provided shall be adjusted to match the standard being observed elsewhere across the project (129-space suggested standard for 60-units) or a more restrictive standard to acknowledge that development of 3- bedroom units may result in a greater need for parking than the other multiple family residential villages. SOILS, GEOLOGY AND SEISMICITY 43. Seismic Activity Recommendations contained in the Geotechnical Investigation Report, Alamo Creek, April 11, 1985, prepared by J. H. Kleinfelder & Associates, shall be implemented. • 44. 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 J.H. Kleinfelder & Associates, dated April 11, 19854 and of the August 5, 1985, letter from J.H. Kleinfelder & Associates to Ronald Nahas regarding response to review comments on the Alamo Creek project. 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 Engineerin 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 the site will occur. The plan shall provide for long-term maintenance of all permanent erosion and sediment control measures. F. Alamo Creek shall be realigned to prevent further undercutting of existing slides on the east side of the Dougherty Hills. Slope protection shall be provided within the creek where necessary to improve slope and bank stability. G. Emergency access shall be provided to Villages VI and VII along the west side of Alamo Creek along the proposed maintenance road to serve as an emergency route in the event of damage to the principle entrance across the creek due to seismic activity or other natural disaster. H. A report addressing the liquefaction danger to buildings adjace z to Alamo Creek shall be prepared. I. All structures shall be set back a minimum of 15 feet from the top and toe of the slopes, pursuant to recommendations in the Geotechnical Investigation Report, Alamo Creek, dated April 11, 1985 (J.H. Kleinfelder & Associates). -12- J. 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.-. _•_.__ _ K. Catch-basins shall be installed during the primary grading operation where waters are concentrated in the proposed single family lot areas. L. Revegetation with hydromulch with native vegetation shall occur after each grading season. On Dougherty Hills grading areas, revegetation shall simulate original conditions to the greatest extent feasible. M. Full-time soils inspection by the Soils Engineer representative during mass grading operations shall be provided by the developer. N. All lots shall be graded to slope toward the streets to avoid rear yard drainage channels and protect slopes from erosion. 0. 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. P. 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. • Q. All import soil brought onto the site shall be of a non-expansive nature. R. 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. 45. 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. TRAFFIC AND CIRCULATION- PROJECT-RELATED IMPACTS 46. Dougherty Road/Amador Valley Boulevard Intersection A. The developer shall widen Dougherty Road both north and south of Amador Valley Boulevard with a minimum of 24 feet of asphalt paving to provide four lanes south of Amador Valley Boulevard and 50 feet of asphalt paving width north of Amador Valley Boulevard. Widening will take place from the existing four lanes on the south side of the S.P.R.R. right-of-way to the northern project boundary. Dougherty Road north of Amador Valley Boulevard may be widened to four lanes in phases to correspond with the connection of project access roads to Dougherty Road, or may be constructed along the total frontage along with the first unit developed. (Subject to City Engineer review and approval, alternative improvements may be acceptable.) Dougherty Road widening shall be -13- completed from Amador Valley Boulevard to the northerly line of Village III prior to occupancy of Village II or III. Those street improvd ente oh'Amad"i' Valle`Boulevard shall be complete prior to -- occupancy occupancy of the first Village developed. B. The developer shall construct a free right-hand turn interim lane on Dougherty at Amador Valley Boulevard. Upon construction of the ultimate right-of-way of six lanes and a divided median on Dougherty Road, this right hand lane shall be modified to function as a joint right-hand turn lane and through southbound travel lane. C. The developer shall install a signal at Amador Valley Boulevard and Dougherty Road. The signal is to be installed and operational prior to occupancy of more than 300 units. D. The developer shall increase the number of parking spaces by 32 spaces to meet minimum requirements for dwelling units and to provide 15 percent guest parking. Parking spaces shall be designed to meet minimum dimensional requirements. The ratio of compact spaces to full size spaces shall not exceed 50 percent of the uncovered parking. 47. Dougherty Road/Dublin Boulevard Intersection The project developer shall pay for construction of a right-hand turn lane, including curb, gutter and signal improvements, together with restriping as necessary, to accommodate a free right-hand turn lane off Dougherty Road and Dublin Boulevard. Improvements shall be complete or, . in the event that right-of-way acquisition has not been completed by the • City, funds shall be deposited with the City to cover the required improvements prior to occupancy of more than 360 project units. 48. Village Parkwav/Amador Valley Boulevard Intersection The developer shall reconstruct and improve Amador Valley Boulevard by narrowing the portion of the median fronting the property line to Dougherty Road, providing lighting and landscaping, repairing and overlaying the existing street section, providing four lanes from the entrance of Villages I and II to Dougherty Road, and providing a separated eight-foot width off street bicycle system from Dougherty Road to the west side of the entrance to Villages I and II. From that point, the bicycle and pedestrian systems shall be separate, as detailed in PD Condition #65-C. 49. Emergency Access Routes to Villages VI and VII The developer shall provide an emergency access route to Villages VI and VII. The proposed maintenance road on the west side of the creek may serve as the emergency access road, providing that design and engineering studies prove this access feasible. Emergency access roads must be 20 feet minimum width, and may not be routed through the community park. 50. The lotting layout of Village VI shall be modified to allow the right- of-way that is to be offered for dedication at the north end of the cul-de-sac adjoining proposed Lots #113 and #114 to include all lands up to the County Line. This adjustment shall be made to reserve for the City of Dublin the flexibility to pursue a future emergency access linkage with the land to the north upon the submittal to the City of San Ramon of a development plan for the property. 51. The right-of-way along the north side of the northernmost proposed public loop road for Village V shall be widened to include all lands up to the County line. This adjustment shall be made to reserve for the City of Dublin the flexibility to consider possible road connections serving future development to the north, in the City of San Ramon, which • -14- • may subsequently be determined desirable to minimize the number of intersections along Dougherty Road and/or to mitigate possible alignment conflicts of intersections proposed to be located along Dougherty Road. TRAFFIC AND CIRCULATION - CUMULATIVE IMPACTS 52. The developer shall increase the size of Dougherty Road from the existing two lane configuration north of Amador Valley Boulevard which would accommodate project traffic to a completely new, full four-lane configuration with a 3-foot painted median (or alternate improvements as approved by the City Engineer). Street lights shall be placed along the west side of the road. 53. The developer shall construct an additional two lanes along Dougherty Road where the existing curb and gutter have been installed for the Arroyo Vista development across the Southern Pacific Railroad tracks. This section of road shall be complete prior to occupancy of 650 units> " 54. The developer shall widen Amador Valley Boulevard to four lanes from the entrance from Villages I and II to Dougherty Road. This project shall be completed prior to occupancy of any of the units in the development. In addition, the median fronting this project shall be landscaped and double headed street lights shall be placed in this median. 55. The .applicant will install conduit for future signals at the main project entrances to Villages IV through VII and at the Amador Valley Boulevard entrance to Villages I and II for possible future traffic signals. 56. The developer shall provide for the development of complete plans for the final improvement of Dougherty Road for the entire project frontage to its ultimate design configuration. 57. The developer shall modify the site plan layout to provide bus turnouts along the internal street system, Dougherty Road, and Amador Valley Boulevard, the locations and design of which shall be subject to review 'and approval by the City Engineer and the local transit authority. 58. The following changes in the circulation system shall be made in Villaas VI: 1) the north-south streets serving Lots 1 through 27 shall be terminated in cul-de-sacs at the north ends of the streets; 2) the cul- de-sac at the west end of the street between Village VI and Village VII shall be modified to a knuckle and lowered down the slope; and 3) the emergency access to be provided at the north end of the site shall be designed for emergency access only, not for through traffic. 59. The internal major collector loop streets shall be dedicated to the City. These streets include those which connect the Villages and are the main entrances to the project, and also include all streets in Village VI. 60. Developer shall furnish and install signs stating "Private Street" and "Fire Access - Park in Designated Locations Only" along all private streets. Guest parking spaces shall be designated by sign paint or equal. 61. Access from the Reserve Training Center just south of Amador Valley Boulevard shall be relocated to be directly opposite Amador Valley Boulevard, and signal heads and phases shall be provided for this movement (subject to Army approval). VISUAL RESOURCES 62. To the extent feasible, development shall provide for the incorporation of part of the creek corridor into the park area, to provide views uninterrupted by cyclone fencing (as determined appropriate and feasibl by the City and the Alameda County Flood Control District). -15- • 63. A landscaped buffer area 15 feet wide shall be incorporated into the north side of the east—west street that divides Villages VI and VII. This buffer shall extend from the.entrance to the single—family Village and continue west to the end of this street. The buffer shall be designed to screen off the single—family area from offsite views through the park, and to provide a transition between the single—family and multi—family areas. 64. Detailed planting plans developed for the park area within the 500 foot corridor east of Dougherty Road shall accommodate long—distance views to the Dougherty Hills. 65. The following design criteria shall be reflected in the Site Development Review submittals for Villages I through V for the Dougherty Road frontage strip adjoining the proposed sound—architectural wall: a) Total minimum width of the strip, as measured from face—of—curb to face—of—wall, shall be 19 feet, and shall be widened to 23 feet wherever feasible. Where grade differentials between the project area and the Dougherty Road frontage strip dictate, the sound— architectural wall may be located approximately at grade with the frontage strip (i.e. , not located atop a berm). The width of the frontage strip may be reduced to less than 19 feet where bus turnouts will be required. b) Four—foot minimum landscape strips on both sides of the sidewalk shall be utilized (as measured from the face—of—curb to the front edge of the sidewalk and between 'the rear edge of sidewalk and the face of the sound—architectural wall). c) The sidewalk shall be a minimum of six feet in width and shall meander both horizontally and vertically through the center 11— foot strip (minimum width) that remains between the two minimum landscape strips established above. d) Wall design shall provide detailed architectural design on both sides of the wall and shall utilize "pop—outs" of a minimum depth of three feet, being regularly spaced along the wall's entire frontage. 66. The following design criteria shall be reflected in the Site Development Review submittals for Villages I and II for the Amador Valley Boulevard frontage strips adjoining the proposed perimeter fences or walls: a) Total minimum width of the strips, as measured from face—of—curb to the fences or wall, shall be 16 feet, and shall be widened to 19 feet wherever feasible. b) Three—foot minimum landscape strips on both sides of the sidewalk shall be utilized (as measured from the face—of—curb to the front- edge of the sidewalk and between the rear edge of sidewalk and the face of the perimeter fence or wall). c) The pedestrian/bikeway path shall be a minimum width of eight feet and shall meander both horizontally and vertically through the fontage strips that remain between the two minimum landscape strips established above. The pedestrian/bikeway path shall extend from Dougherty Road to the west side of the entrance to Villages I and II. From that point, the sidewalk shall be five feet in width on the north side of Amador Valley Boulevard and bicycle lanes shall be striped in the street. On the south side of Amador Valley Boulevard, the sidewalk shall be constructed to conform with the planned sidewalk for the undeveloped phase of Heritage Commons project. _ d) The fence or wall shall extend along the Village II frontage up tp the outside of the flood control channel. —16— 67. The sound-architectural wall along the Village II frontage shall extend westerly along the Amador Valley Boulevard frontage for the minimum distance necessary to provide the required sound-attenuation for proposed Building Group 26. The sound-architectural wall along the perimeter of Village I shall extend from the Dougherty Road frontage around the south and west side of the proposed convenience store parcel, terminating at a point giving adequate separation from the Amador Valley Boulevard right-of-way to provide visibility along the street and into the parking area for the proposed convenience store site. 68. The undeveloped area on the west side of the site shall be offered for dedication to the City or an appropriate public recreational district. Areas across the site which are not accepted for dedication shall be either included as part of a private lot or become part of the public street right-of-way, be included as part of the creek channel, be maintained as part of the proposed landscaping and lighting district, or be placed in a private homeowners' association. How these areas are to be distributed shall be subject to review and approval by the City Engineer. 69. Single family homes in Village VI at higher elevations shall be subject to architectural design guidelines requiring exterior colors and materials compatible with the scenic corridor, established and enforceable through project CC & Rs. 70. Engineered slopes shall be contoured to blend into the natural • topography and shall not, to the extent feasible, exceed 2.5:1 slopes. 71. Cleared open space areas shall be revegetated. Natural areas shall be enhanced by planting of oak, naturalized grasses, or other native vegetation. 72. In Village VI, uniform, durable fencing compatible in design and materials with the natural appearance of the hills shall be installed along the boundaries of all lots which are located on or adjacent to graded slope areas. 73. Uniform tree plantings shall be installed and maintained on all graded slope areas adjacent to single-family lots in Village VI. Approximat one tree at 350 square feet of slope area shall be planted, or an alternate standard approved through the respective Site Development Review submittals. Tree species shall-be compatible with native vegetation. 74. All open space and landscaped areas now owned by individual single- family lot owners or within Villages shall be placed within a lighting and landscape special assessment district, or maintained by a master homeowners association. 75. The Dougherty Road frontage width of the proposed commercial site (proposed Lot #153) shall be increased to provide for an approximate doubling of the on-site parking to be developed. This change shall be generally consistent with the revised site plan received for the commercial site and Village I, dated received February 25, 1986 (see Background Attachment #16) . To accommodate the increase in the size of the commercial parcel, changes shall be made to the layout of building groups in the adjoining sections of Village I. The driveway to the commercial site along Amador Valley Boulevard shall be moved westerly provide a wider separation between said driveway and the intersection of Dougherty Road and Amador Valley Boulevard. Additional design considerations involving the pedestrian walkway system, the gasoline pump island layout, the method of tying into the adjoining sound- architectural wall, etc. , shall be addressed in conjunction with the Site Development Review for this site. _ Part of the submittal requirements for that subsequent submittal shall include information documenting the anticipated parking requirements for the proposed convenience store. The findings of the Study shall be utilized in t`- -17- determination of the required minimum size of the commercial site. All overhead utilities fronting the project on Dougherty Road shall be undergroynded.,. . . . , MISCELLANEOUS 76. 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. Changes to the proposed finished floor elevations and site grading for single family residential lots proposed in Village VI shall generally not exceed a maximum deviation of five feet from the pad elevations indicated on the Revised Tentative Map and Development Plan, dated received December 12, 1985. 77. If occupancy within an individual Village 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 Village 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 Village 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 Village 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. 78. 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 Dubin San Ramor. 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. 79. 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. 80. Should the project be phased: A. The undeveloped area shall be maintained as acceptable to the DSRSD - Fire Department and shall be kept free of trash and debris. -18- B. A road system of a design determined acceptable to the City Engineer and the Planning Department shall be installed. C. 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. 81. 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. 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. 82. 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. 83. 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. Such 10% shall be calculated, utilizing the number Of units in Villages I, II, III, IV, V and VII as a base (1019 proposed units for a commitment of 102 units to the rental pool) . Commencing with the date of issuance of an occupancy permit on the 102nd multi-family unit within Villages I through V, the developer shall guarantee that a minimum of 102 units shall be available for rent at all times within the above Villages until the Condition has been satisiied. This Condition may be met individually within any one Village, or collectively over all the affected Villages. Developer agrees that until the Condition has been satisfied, there shall be no conversion of codomninium units for sale within Village V. 84. Minimal dimensional criteria for dwelling units established on the single family residential lots in Village VI shall include the following: A. Front yards - 20-foot minimum; subject to review and approval by the Planning Director, may be varied from 18 to 22 feet to provide variety while generally maintaining the 20-foot average. -19- B. Side Yards - 1. One story units - 5-foot minimum flat and useable each side - 12-foot minimum street side sideyard 2. Two story units -5-foot minimum flat and useable each side -15-foot minimum street side sideyard C. Rear Yards - 20-foot minimum, to be generally flat and useable. D. Pad Areas - 45' x 95' minimum, with the 45' width measured from front setback line through to the rear of the lot. In addition to the above, the design of single family residential units developed shall provide for the maximum unit privacy through use of building layouts which maximize useable side and rear yard areas with offsets of windows and similar inter-building design considerations. The majority of the two-story units shall observe an additional front yard setback requirement whereby the building face of the second story shall observe a setback of an additional five feet + from the building face of the garage. Two-story units shall generally avoid use of shed- type roof designs, but rather shall generally utilize- roof designs which serve to mitigate possible visual impacts resulting from the height and proximity of two-story units. During the Site Development Review process, the developer may request and be granted modifications from the above minimum rear yard dimensional criteria in _individual situations where such modifications would add diversity to the project or privacy to individual units which, in the discretion of the Planning Director, improves the overall design. The builder shall maintain a minimum of 1,000 square feet of flat and useable area within 80% of the rear yards and a minimum of 900 square feet of flat and useable area within the remainder of the rear yards through the selection of appropriate houses to fit individual lots. Additionally, the developer shall investigate the feasibility of steepening cut and fill slopes to increase the useable pad area without impacting the stability of the slope design. The purpose of this Condition is to encourage the proper matching of housing types to individual lots and adjusting grades to increase useable area, but is not intended to require a reduction in the number of lots during the Site Development Review process. Except as specifically modified by the -above listed design criteria, or as established elsewhere in the Conditions of Approval for this project,, the single family residential lots developed within Villages VI and VII shall be subject to the guidelines of the R-1 Single Family Residential District as regards both land use restrictions and minimum/maximum development criteria. 85. To assure that adequate diversity of building architecture across the . project as a whole will be provided, individual Villages, or groupings of contiguous Villages (i.e. , Villages II and III as a grouping, and Villages IV and V as a grouping) shall be designed in a manner to allow them to stand alone with village-specific architectural features (such as alternate types of roofing or siding materials, alternate use of open or enclosed stairwells, etc.). Detailed design review of project architecture shall be made at the time of submittal of the respective Site Development Review applications for each proposed Village. 86. The minimum distances between buildings and building appurtenances in the multi-family Villages shall comply with the following criteria: The term "building wall" shall refer to the exterior side of building walls containing heated space (with the exception of the enclosed entry in the "E" type building). _ A. 20 feet between all building walls, with deviation from the minimum separation subject to review and approval by the Planning Director through the Site Development Review process, to consider case-by-case reductions to 15 feet when: , -20- h 1. The living room windows are separated by a minimum distance of 40 feet measured perpendicularly from the sliding glass door. . 2. Living room to bedrooms are separated by 30 feet (measured perpendicularly from the sliding glass door). B. Building/roadway separations, 15 feet minimum, except building setbacks from Dougherty Road, Amador Valley Boulevard, and the first 100 feet of each leg of the loop roads from the intersection with Dougherty Road or Amador Valley Boulevard where a 20-foot minimum setback (measured from the rear face of the sound architectural wall or perimeter fence along Dougherty Road or Amador Valley Boulevard ) shall be observed. The 20-foot minimum setback along the loop roads shall be from the face of curb or back of sidewalk, whichever is applicable. C. Patio/deck and deck/building wall separations - 15-foot minimum. D. Building walls and parking area separations - 10-foot minimum with a minimum of five feet of the width landscaped for screening or parking. E. Building appurtenances to building appurtenance separations (including patios) - 10-foot minimum separation. Stairway landings may be closer than 10 feet where privacy is not compromised as approved by the Planning Director through the Site Development Review process. 87. The two easterly cross streets in Village VI shall be terminated in cul-de-sacs. The applicant's engineer shall investigate the feasibility of incorporating two additional cul-de-sacs, with emergency breakthrough vehicular access inter-connection between the two cul-de-sacs, along the most westerly proposed through street in Village VI (and subject to Staff review of the Site Development Review for Village VI). 88. The minimum width of the creek-side pedestrian walkway strip shall be 14 feet (measured from face-of-curb to the flood control maintenance fence) for a minimum of 50% of the strip's frontage along Villages II through V. Subject to review and approval by the Planning Director, this width may be reduced to a minimum width of 10 feet for the remainder of the referenced frontage. The pedestrian walkway strip shall include a 6- foot minimum width concrete walkway which, wherever feasible, shall meander within the creek-side walkway strip. The walkway shall also maintain a four-foot landscaped setback from the curb and the flood control fence where the width of the strip so allows. PASSED, APPROVED AND ADOPTED this 24th day of March, 1986. AYES: Councilmembers Hegarty, Jeffery, Moffatt, Vonheeder and Mayor Snyder NOES: None ABSENT: None / 72 Mayor // i Sl Q C. City Clerk -21- ram. ^ ‘ • • - - • RESOLUTION NO. 88 - 068 A RESOLUTION OF THE PLANNING COMISSION OF THE CITY OF DUBLIN APPROVING PA 88-091, VILLAGES AT ALAMO CREEK CONDITIONAL USE PERMIT TO ALLOW MODIFICATIONS TO CONDITIONS OF APPROVAL #46C AND #53 OF PA 85-041.1 (CITY COUNCIL RESOLUTION NO. 31-86) WHEREAS, Ronald Nahas of Rafanelli & Nahas filed an application for a Conditional Use Permit to allow modifications to Conditions of Approval #46c and #53 of PA 85-041.1 (City Council Resolution No. 31-86) , the Planned Development approving the Villages at Alamo Creek project; and WHEREAS, proper notice of said public hearing was given in all respects as required by law; and' WHEREAS, the application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and WHEREAS, a Staff Report was submitted recommending that modifications to Conditions of Approval #46c and #53 of PA 85-041.1 (City Council Resolution No. 31-86) be conditionally approved; and WHEREAS, the modifications are appropriate for the subject project, compatible to existing land uses and facilities in the area and will not adversely affect public facilities. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Planning Commission finds that: • • a) The modifications are required by the public need in order to provide for the construction of public improvements within the projects vicinity; b) The modifications will be properly related to other land uses and transportation and service facilities in the vicinity in that a traffic signal and additional vehicular lanes on Dougherty will be provided to serve the project as well as the general public; c) The modifications, if permitted, under all circumstances and conditions of this particular case, will not materially adversely affect the • health or safety of persons residing or working in the vicinity, or be c, materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, as all applicable regulations will be met; and • d) The modifications will not be contrary to the specific intent, clauses or performance standards established for the district in which they are to be located, in that the modifications are consistent with and will meet all standards established for the Planned Development. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby conditionally approve the Conditional Use Permit modification request for PA 88-091 on file with the Dublin Planning Department subject to the following conditions. Unless stated otherwise, all Conditions of Approval shall be complied with prior to the issuance of building permits and shall be subject to Planning Department review and approval. 1. This approval allows modifications to Conditions of Approval #46c and #53 of PA 85-041.1 (City Council Resolution No. 31-86) as follows: #46c - The developer shall install a signal at Amador Valley Boulevard and Dougherty Road. The signal shall be installed and operational no later than December 31, 1988, or upon the occupancy of 300 units, whichever occurs la -1- #53 - The developer shall construct an additional two lanes along Dougherty Road where existing curb and gutter have been installed for the Arroyo Vista development across the Southern Pacific Railroad tracks, This section of the road shall be completed within 90 calendar days of removal of utility services, or prior to the occupancy of 650 units, whichever occurs last. This 90 day period may be extended an additional 90 days, to a total of 180 calendar days, at the discretion of the Public Works Director. A letter requesting -this extension shall be submitted to the Public Works Director for consideration at least two weeks prior to the expiration of the initial 90 day approval period. 2. This permit shall be revocable for cause in accordance with Section 8-90.3 of the Dublin Zoning Ordinance. PASSED, APPROVED AND ADOPTED this 21st day of November, 1988. AYES: Commissioners Barnes, Burnham, Mack and Zika NOES: None ABSENT: None Planning Commissio ai)rperson ATTEST: Planning Direc 2- • . &$a`'��i..,s.....�*"Zs _:nu $.�--.�.y'...,.'xh y�S'..E -, 1y:.sS, ._'i`. i... -.. �:-x a+,r;}e `: •; Rafanelli and Nahas Real Estate Development May 9, 1989 VIA FACSIMILE (829-1528) Mr. Rod Barger City of Dublin P. 0. Box 2340 Dublin, CA 94568 Dear Rod: Per your request this afternoon, the cost agreed to with the City for constructing the right hand turn lane at Dougherty Road and Dublin Boulevard is $86, 795. The cost of adjusting the utility pole locations on Dougherty Road if we do not underground them is $78, 962 . In addition, there is a tax in the amount of $22 , 109 which P.G. &E. feels they have the right to levy on this contribution. We do not agree with them. The City's cost of undergrounding the system was roughly estimated in February by Ron Ricard of P.G. &E. at $332 , 000. That did not include any tax on CIAC. If we were to install the underground ducts, boxes, etc. and the City were to install the electrical system at some time in the future, it is my hope that the City's costs would be reduced by about 50%. Cordially, • onald C. Nahas Enclosure RCN/ds Aim MAY1 r, ;7,1 e9 ATTACHMENT3 20211 PATIO DRIVE, SUITE 215, CASTRO VALLEY, CA 94546 (4151 537-0486 ATTACHMENT /1' CITY OF DUBLIN l, r.0 Box 2340 DUBLIN, CALIFORNIA 94�o8 0 /'/ CITY OFFICES March 24, 1989 6500 DUBLIN BLVD. Mr. Ron Nahas Rafanelli & Nahas ADMINISTRATION 20211 Patio Drive Suite 215 (415) 829 4600 Castro Valley, CA 94546 BUILDING INSPECTION Subject: Dougherty Road Right Turn Lane at Dublin Blvd. (415) 829-0822 Dear Mr. Nahas, CITY COUNCIL (415) 829.4600 I am writing in response to your letter to Lee Thompson dated March 16, 1989. In that letter, you indicated that you felt the Engineer's Estimate for the Dougherty Road right turn lane was excessive. CODE ENFORCEMENT (415) 829 0822 Mr. Thompson and I have re-evaluated this estimate, and we would be willing to reduce the following items: ENGINEERING (415) 829-4927 - Civil Engineering Design/Staking from $6,500 to $1,500 - City Plan Check and Inspection from $5,882 to $3,500 FINANCE (415) 629-6226 However, Mr. Thompson would in turn like to add one item: - Contract Administration $3,000 PLANNING (415) 829-4916 These revisions would change the total construction cost from $91,177 to $86,795. Please have your engineer make these revisions and POLICE submit them to the City for our approval. (415) 829-0566 If you have any questions, please feel free to call my office. PUBLIC WORKS (415) 829-4927 Sincerely, i RECREATION 4 '1/ / >) (415) 829-4932 Rich Lierly J Assistant City Engineer RCL/gr illy , 0 M?9 • bobV Fl4g G, Rafanelli and Nahasj Real Estate Development March 29, 1989 Mr. Lee Thompson Mr. Larry Tong City of Dublin P. O. Box 2340 Dublin, CA 94568 RE: Changed Conditions of Approval PA 85-041.1, Willow Creek Dear Lee and Larry: Rafanelli and Nahas hereby requests a change in Condition #47 of the above plan development approval. This condition provides that we nnist construct a right turn lane in a southbound direction at the intersection of Dougherty Road and Dublin Boulevard. As yet, the City of Dublin has not obtained the right of way for this construction. We have completed the plans and specifications and posted security with the City for this construction project. Since there is no certainty about the timing of Dublin's acquisition of the necessary land for this right turn lane, we propose an alternate mitigation measure. In conjunction with the construction of the two southbound lanes on Dougherty Road, we will install the underground conduits, pads and other facilities required by P.G.&E. for the future undergrounding of the power lines which currently exist in the median of the road. Upon completion of the road, these facilities would be conveyed to the City and would be available when the City has the necessary funds to pay for the installation of conductors, transformers, etc. This will be a significant benefit to the City, both because of our contribution of capital and because this is the appropriate time for installing the underground conduits. Otherwise the City would be forced to do the installation after the street was constructed. I would very much appreciate your expediting the processing of this request. It is our intention to construct the southbound lanes of Dougherty Road this summer, and P.G.&F, requires a sixty day lead time for preparation of their drawings. If additional information is needed, please let me know. The enclosed fee is based upon our previous request for changes in conditions of approval. Cordially, FECEIYED onald C. Nahas MAR 31 1969 Enclosure 4kirriDnUBLIN PLANNING RCN/ds �" NT 20211 PATIO DRIVE, SUITE 215, CASTRO VALLEY,CA 94546 (415)537-0486 APR-13-'89 THU 14: 13 11.0RAFAHELLIMAHAS 8195 #686 P81 40) VIA FACSM.ILE TO: Rod Barger DATE: April 13, 1989 City of Dublin FAX#: 829-1528 DRAFT 207 AMENDMENT TO CONDITIOON. The developer shall be responsible for installing the underground duct work, vaults, and accessory structures (excluding conductors, transformers, switches or other electrical equipment) as required for the future undergrounding of the P.G.&E. overhead wires or. Dougherty Road in the area of the street improvements provided for under Condition 53. Developer shall provide duct work for future street lights, but no bases or poles. Developer shall stub out ducts for all future services at the property line. Upon completion of duct work and street improvements, as provided under Condition #53, all facilities shall be conveyed to the City for use in future undergrounding of wires. p3 R E i• E i M E SOJ APR 1 A 1099 us�N PIANNINCI CITY OF DUBLIN MEMORANDUM Date: May 11, 1989 To: Rod Barger, Senior Planner From: Lee Thompson, Public Works Directo Subject: Request from Rafanelli and Nahas to Eliminate and Replace Condition #47 of Planned Development Rezoning for the Villages at Willow Creek (PA 85-041.1) Ron Nahas is asking to (1) eliminate the cost of moving several power poles along Dougherty Road and (2) eliminate the requirement for the payment of the cost of a new free right turn lane southbound on Dougherty Road at Dublin Boulevard. Mr. Nahas is proposing to pave the required two lanes for southbound Dougherty Road but to temporarily close off the median lane so as not to have to move the power poles. He will, in lieu of the above required work, put in all the underground conduit, pull boxes, and structures for undergrounding the existing overhead lines, as well as conduit and pull boxes for street lights. At some time in the future, the City would pay for pulling wires and installing equipment for the underground utility system and for removing the wood poles, thereby opening up the second southbound lane of traffic. Based on rough estimates from PG&E, the cost implications are as follows: Cost to developer if no change in conditions: 1) Right turn lane, southbound Dougherty at Dublin Boulevard $ 86,795 2) Moving power poles 78,962 3) Tax on power poles relocation 22,109 $187,866 Cost to City to underground utilities if no change in conditions: 1) Substructures $113,000 2) Trenching 38,000 3) Pulling wires and installing equipment 175,000 4) PG&E re-engineering 23,000 5) Less wood pole credit (45,000) $304,000 Krilltaill 5 Memo to Rod Barger May 11, 1989 Page 2 Cost to developer if condition is changed: 1) Substructures, including street light conduit $118,000 2) Trenching 38,000 3) PG&E re-engineering 23,000 $179,000 ESTIMATED DEVELOPER SAVINGS: $ 8,866 Note that the developer can probably do this work at less cost with his competitively bid contractor as compared to PG&E's estimate. Cost to City to underground utilities and pay for right turn lane if condition is changed: 1) Right turn lane $ 86,795 2) Pulling wires and equipment 175,000 3) Less wood pole credit (45,000) $216,795 ESTIMATED CITY SAVINGS: $ 87,205 This request is a cost-efficient request from both the developer's point of view as well as the City's. The savings comes in through the cost waste in moving the poles, then removing them in the near future, and a tax savings that the City would not have to pay but the developer does. LST/gr -r CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: May 15, 1989 TO: Planning Commission FROM: Planning Staff 'VOA IF SUBJECT: PA 87-012 Donlan Canyon (Blaylock, Gleason and Fletcher) General Plan Amendment and Environmental Impact Report GENERAL INFORMATION: PROJECT: General Plan Amendment request to include 197+ acre project site within the City's Primary Planning Area, to designate 19.1 acres for medium-high density residential, 13 acres for single-family residential and 164.9 acres for open space. - Subsequent applications pending General Plan Amendment action will include Planned Development Prezoning, Subdivision and Annexation. • APPLICANT: George E. Thomas Paragon Group Pacific Mutual Building 523 West Sixth Street, Suite 515 Los Angeles, CA 90014 PROPERTY OWNER: Mike Gleason P. 0. Box 107 Port Costa, CA 94569 ' LOCATION: North of Dublin Boulevard, West of Silvergate Drive in an unincorporated portion of Alameda County ASSESSOR PARCEL NUMBER: 941-018-03 and 941-018-04 PARCEL SIZE: 197+ acres GENERAL PLAN DESIGNATION: The project site is located within the City's Extended Planning Area, designated residential/ open space EXISTING ZONING AND LAND USE: A, Agricultural/Grazing (Alameda County) . Current land use grazing and construction yard. SURROUNDING LAND USE AND ZONING: North: Agricultural/Grazing Land, Alameda County, Zoned A COPIES TO: Applicant Owner Mark Trembley, EIP Q u Chris Kinzel, TJKM ITEM NO. U. . PA File 87-012 South: CalTrans Righ f-Way East: ' Valley Christian Center West: Agricultural/Grazing Land, Alameda County Zoned A APPLICABLE REGULATIONS: The Dublin General Plan establishes policies and standards to control land use and development within this area. ENVIRONMENTAL REVIEW: The City proposes to adopt an Environmental Impact Report (EIR) which finds the proposed project may have a significant adverse impact on the environment. NOTIFICATION: Public Notice of the May 1, 1989, hearing was published in The Herald, mailed to adjacent property owners, and posted in public buildings. BACKGROUND AND ANALYSIS: This item was continued from the May 1, 1989 Planning Commission Meeting. At that meeting the Commission heard the Staff and Consultant's presentations on the Draft EIR and accepted comments from the Applicant and the public. The Commission continued the item to the May 15th meeting in order to receive additional comments on the Draft EIR and scheduled a field trip to the site for Saturday, May 15, 1989, at 9:00 a.m. The public review period on the Draft EIR ends May 15, 1989. The primary purpose of the May 1st and May 15th Planning _Commission .meetings is to provide the public an opportunity to present their comments on the Draft EIR to the Planning Commission during the public review period. At the May 1st Planning Commission meeting, the following summary comments were noted: 1. Placement of single-family units. 2. View of multi-family units from I-580. 3. Density of multi-family area. 4. Traffic and circulation at Dublin Boulevard/San Ramon Road intersection. 5. Trails in the open space area. • 6. Impacts on schools. 7. Public services - fire, water, etc. 8. Soil stability. To date, the following four public agencies have submitted written comments to the City: 1. California Archaeological Inventory 2. State of California Native American Heritage Commission 3. Dublin San Ramon Services District 4. U.S. Department of the Interior Fish & Wildlife Service The Final EIR will include responses to all the comments received during the 45-day public review period. The public hearing on the General Plan Amendment is tentatively scheduled for the June 19, 1989 Planning Commission Meeting. 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. ACTION: Staff recommends that the Planning Commission hear the presentation and accept public comments on the Draft EIR. ATTACHMENTS: PLEASE REFER TO THE STAFF REPORT FROM THE MAY 1, 1989 PLANNING COMMISSION MEETING. CITY OF DUBLIN PLANNING COMMISSION AGENDA STATEMENT/STAFF REPORT Meeting Date: May 15, 1989 TO: Planning Commission FROM: Planning Staff REPORT PREPARED BY: Laurence L. Tong, Planning Director 1 SUBJECT: Review of Dublin Planning Commission Rules of Procedures ANALYSIS: Several Planning Commission members have indicated an interest in reviewing the starting time of the Planning Commission meetings. The Planning Commission Rules of Procedure (Attachment 1) indicate in Section III.A. that the meetings will begin at 7:00 p.m. The Planning Commission may revise the starting time. A 7:30 p.m. starting time may be more convenient to the general public, Planning Commission members and Staff. The Rules of Procedures also indicate in Section IV.A. that "at least three affirmative votes shall be required to recommend matters to the City Council for adoption." This could prevent the Planning Commission from making a recommendation to the City Council if one or two Planning Commission members are absent. For example, if one member is absent, two members vote in favor, one member votes in opposition and one member abstains, the current rule would prevent the recommendation from going to the City Council because at least three affirmative votes were not received. To avoid this potential situation, Staff recommends revising Section IV.A. to read: "No official action shall be transacted by less than the affirmative vote of a majority of the quorum present." RECOMMENDATIONS: FORMAT: 1) Hear Staff presentation and other comments. 2) Consider. ACTION: If the Planning Commission wishes to make revisions to the Rules of Procedures, it should determine the wording of the revisions and adopt the revised rules by resolution. ATTACHMENTS: Attachment 1: Planning Commission Resolution No. 86-081 Dublin Planning Commission Rules of Procedure ITEM NO. /9. j ....a RESOLUTION NO. 86 - 081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DUBLIN ADOPTING THE DUBLIN PLANNING COMMISSION RULES OF PROCEDURE WHEREAS, the Planning Commission seeks to govern meetings and ' conduct hearings in a fair and effective manner and in compliance with the Ralph M. Brown Act, Government Code 54950 et. seq. ; and WHEREAS, on May 19, 1986, the Planning Commission did review and adopt revised Dublin Planning Commission Rules of Procedure; and WHEREAS, on December 15, 1986, the Planning Commission did review further revisions to the Dublin Planning Commission Rules of procedure; NOW, THEREFORE, BE IT RESOLVED THAT THE Planning Commission finds that the following Rules of Procedure are necessary to govern meetings and conduct hearings in a fair and effective manner and in compliance with the Ralph M. Brown Act. BE IT FURTHER RESOLVED THAT THE Planning Commission does hereby adopt the following Rules of Procedure: REVISED 12/15/86 DUBLIN PLANNING COMMISSION RULES OF PROCEDURE I. GENERAL PROVISIONS A. These rules of procedure shall be known as the "Dublin Planning Commission Rules of Procedure. " A copy of these rules, and amendments thereto, shall be filed in the offices of the Planning Department and the City Clerk for examination by the public. B. These, rules, and any amendments hereto, shall be effective on the date of the adoption hereof and shall govern the meetings and conduct of hearings by the Commission. II. OFFICERS A. Election and Term of Office • The Chairperson, Vice Chairperson and Secretary are elected by the majority of the Commission for a one-year term and hold office until their successors are elected or until their terms as members of the Commission expire. The officers are elected at the first meeting of the Commission in December of each year. Elections, whether regular or to fill vacancies, shall be held only if at least four Commission members are present. B. Vacancies In case of any vacancy in the office of Chairperson, Vice Chairperson or Secretary, the vacancy shall be filled by an election held at the first regular meeting after the occurrence of such vacancy. Persons so elected shall serve the balance of the term. -1- C. Duties of Officers The Chairperson performs the following duties: 1. Presides at all meetings of the Commission. 2. Appoints committees and chairpersons of committees. 3. Approves the agenda prior to distribution. 4. Signs correspondence on behalf of the Commission. 5. Represents the Commission before the City Council. 6. Performs other duties necessary or customary to the office. In the event of the absence of the Chairperson or his/her inability to act, the Vice Chairperson presides in place of the Chairperson. In the event of the absence of or inability to act of both the Chairperson and the Vice Chairperson, the remaining members shall elect one of their members to act as temporary Chairperson. D. Committees The Commission or the Chairperson, upon direction of the Commission, may appoint several of its members, but fewer than a quorum, to serve as a committee. On certain occasions, such as when a particular kind of expertise or public representation is desirable, the Commission may appoint non-members to the committee. Committees make recommendations directly to the Commission. A committee may not represent the Commission before the Council or other bodies unless it has first received the authorization of the Commission to do so. III. MEETINGS A. Regular meetings shall be held on the first and third Mondays of each month at 7:00 p.m. in the Dublin Library Meeting Room. B. Items for public hearing will normally be considered at the beginning of each meeting. C. Special meetings may be called by the Chairperson or a majority of the members of the Commission. D. A majority of the voting members of the Commission shall constitute a quorum for the purpose of transacting business. E. No new public hearing item will begin after 10:30 p.m. , and the meetings will be adjourned by 11:00 p.m. , except under unusual circumstances where the Commission votes to hear the item or to extend the meeting for 30-minute increments. IV. VOTING A. No official action shall be transacted by less than the affirmative vote of a majority of the quorum present, and at least three affirmative votes shall be required to recommend matters to the City Council for adoption. B. A motion may refer to items by agenda number. A motion may not be withdrawn by the mover without the consent of the member seconding it. Motions on items or matters not involving a hearing may be adopted by voice vote unless any members request a roll call vote. C. Tie votes result in defeat of a motion, and unless a subsequent motion is passed regarding an item, results in its denial. Abstensions shall not be counted as either for or against a motion under any circumstances. -2- V. AGENDA The agenda of each regular or special meeting shall, at a minimum, include: a. The date, time, and location of the meeting. b. A brief general description of each item of business to be transacted or discussed at the meeting. c. A specified period of time for members of the public to address the Commission on items of interest to the public that are within the jurisdiction of the Commission, including a provision that no person may speak longer than five (5) minutes. The agenda of each meeting will normally include the following items: 1. Call to Order 2. Roll Call 3. Pledge of Allegiance 4. Additions or Revisions to the Agenda 5. Minutes 6. Oral Communications 7. Written Communications 8. Public Hearings 9 . New or Unfinished Business 10. Other Business 11. Planning Commissioner' s Concerns 12. Adjournment At least 72 hours before each regular meeting, and at least 24 hours before each special meeting, the Secretary shall post a copy of the agenda at the Alameda County Library Dublin Branch, 7606 Amador Valley Boulevard, Dublin, California. The Secretary shall execute a Declaration of Posting which shall be filed in the Dublin Planning Department. VI. HEARING PROCEDURES A. The Chairperson shall announce the public hearing item. Commission members shall state any known conflicts of interest and shall not participate in the hearing. B. The Chairperson shall determine if the Applicant or representative is in attendance at the public hearing. If the Applicant or representative fails to attend the public hearing, the Planning Commission may take action to deny, continue, or approve the item. The item may be continued if the Planning Commission receives written notification of the Applicant's inability to attend the meeting. C. The order of presentation shall be as follows: 1) Summary Presentation by Planning Staff 2) Questions by Planning Commission 3) Comments by Applicant 4) Comments by Other Proponents 5) Comments by Opponents 6) Rebuttal by Applicant if necessary 7) Additional Comments by Staff as appropriate D. The Chairperson or Commission shall close the public hearing and the item is turned over to the Commission for discussion and action. The audience is not permitted to make any further comments unless invited by the Commission. E. The Planning Staff shall retain copies of all documents or exhibits presented. F. All those wishing to give testimony shall identify themselves by name and address. The Chairperson may require the use of speaker slips. -3- G. The Chairperson may limit the time for the presentation of testimony by each person and shall announce said limitation prior to any presentations. Persons may speak more than once only after obtaining permission from the Chairperson. Notwithstanding the above, the Chairperson may terminate the speaking period of any person when the time taken by the person becomes excessive or when the testimony becomes repetitious or irrelevant. H. A member of the Commission, Staff or public may ask the speaker questions only with the consent of the Chairperson. All responses and answers shall be made to the Commission through the Chairperson. I. A member of the Commission may not consider a fact not presented as part of the record unless he discloses said fact prior to the closing of the public hearing. J. No evidence shall be taken after the closing of the public hearing. The public hearing may be reopened for the taking of further evidence at the discretion of the Chairperson. K. Applause and other demonstrations are prohibited during public hearings. Such demonstrations tend to intimidate those in the audience who may have valid but opposing viewpoints. VII. DELIBERATIONS AND DECISIONS A. The Commission shall not deliberate nor make a decision on the application until the close of the public hearing. B. Deliberations and decisions shall be based on the staff report, documents and exhibits, evidence presented at hearings and stated open and notorious facts. VIII. ITEMS NOT ON THE AGENDA A. No action shall be taken on any item not appearing on the posted agenda for a regular or special meeting, unless: 1) the Planning Commission determines by majority vote that an emergency situation exists, as defined in Government Code Section 54956.5; 2) the Planning Commission determines by a two-thirds vote, or by a unanimous vote if only three members are present, that the need to take action arose after the agenda was posted; or 3) the item was included in a posted agenda for a prior meeting held within five (5) calendar days and was continued to the meeting at which the action is taken. -4- B. When an item not on the agenda is raised by a member of the public, the matter shall be deemed automatically referred to Staff unless the Planning Commission determines to take action under Section VIII (A-2) . PASSED, APPROVED AND ADOPTED this 15th day of December, 1986. AYES: Commissioners Barnes, Burnham, Mack, Petty and Raley NOES: None ABSENT: None D Planning Commission Ch ' person ATTEST: V Planning Director -5-