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.
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Attachment I PASq-oay
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SAV 24M.*1 BLVD j FooT'r-ItLL
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LITTLE 14/P5 LeA2tvI1.:c: CEN1-E2
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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
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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-
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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- — -
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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:
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� 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.
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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.
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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.
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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) .
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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:
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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 .
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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. -
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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.
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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
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•
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.
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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).
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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
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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).
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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
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